New Hampshire Revised Statutes 287-F:6 – Licensing of Tri-State Lotto Sales Agents
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I. The commission or its designee shall license, as agents to sell tri-state lotto tickets, those persons as in its opinion will best serve the public convenience, except that no license shall be issued to any person to engage in business exclusively as a sales agent, except for state operated agencies.
II. For purposes of this section the term “person” shall mean and include an individual, partnership, association, organization, club, company, corporation, trust, estate, society, joint stock company, receiver, trustee, assignee, referee, or any other person acting in a fiduciary or representative capacity, whether appointed by a court or otherwise, and any combination of individuals. “Person” shall also be construed to mean and include agencies and instrumentalities of the state, counties, cities, towns or villages.
III. Before issuing a license to any person, the commission shall consider with respect to the person:
(a) financial responsibility and the security of the business or activity in which the person is engaged;
(b) accessibility of the place of business or activity to the public;
(c) sufficiency of existing licenses to serve public convenience;
(d) whether the place of business or activity is predominantly frequented by persons under the age of 18 years;
(e) volumes of expected sales; and
(f) the possession of a valid party state license.
IV. The commission may suspend or revoke, after notice and hearing, any license issued pursuant to this compact. The license may, however, be temporarily suspended by the commission without prior notice, pending any prosecution, investigation or hearing. A license may be suspended or revoked by the commission for just cause, including one or more of the following reasons:
(a) failure to account for tickets received or for the proceeds of the sale of tickets or to file a bond, if required by the commission, or to comply with instructions of the commission concerning the licensed activity;
(b) conviction of any criminal offense;
(c) failure to file any return or report, to keep records, or to pay any tax;
(d) engaging in fraud, deceit, misrepresentation or conduct prejudicial to public confidence;
(e) insufficiency of the number of tickets sold by the sales agent; and
(f) a material change, since issuance of the license, with respect to any of the matters required to be considered by the commission under N.H. Rev. Stat. § 287-F:6, III.
V. Any suspension or revocation of a state license shall automatically result in suspension of the tri-state lotto license.
II. For purposes of this section the term “person” shall mean and include an individual, partnership, association, organization, club, company, corporation, trust, estate, society, joint stock company, receiver, trustee, assignee, referee, or any other person acting in a fiduciary or representative capacity, whether appointed by a court or otherwise, and any combination of individuals. “Person” shall also be construed to mean and include agencies and instrumentalities of the state, counties, cities, towns or villages.
Terms Used In New Hampshire Revised Statutes 287-F:6
- Conviction: A judgement of guilt against a criminal defendant.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Fiduciary: A trustee, executor, or administrator.
- following: when used by way of reference to any section of these laws, shall mean the section next preceding or following that in which such reference is made, unless some other is expressly designated. See New Hampshire Revised Statutes 21:13
- Fraud: Intentional deception resulting in injury to another.
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- person: may extend and be applied to bodies corporate and politic as well as to individuals. See New Hampshire Revised Statutes 21:9
- state: when applied to different parts of the United States, may extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall include said district and territories. See New Hampshire Revised Statutes 21:4
- Trustee: A person or institution holding and administering property in trust.
III. Before issuing a license to any person, the commission shall consider with respect to the person:
(a) financial responsibility and the security of the business or activity in which the person is engaged;
(b) accessibility of the place of business or activity to the public;
(c) sufficiency of existing licenses to serve public convenience;
(d) whether the place of business or activity is predominantly frequented by persons under the age of 18 years;
(e) volumes of expected sales; and
(f) the possession of a valid party state license.
IV. The commission may suspend or revoke, after notice and hearing, any license issued pursuant to this compact. The license may, however, be temporarily suspended by the commission without prior notice, pending any prosecution, investigation or hearing. A license may be suspended or revoked by the commission for just cause, including one or more of the following reasons:
(a) failure to account for tickets received or for the proceeds of the sale of tickets or to file a bond, if required by the commission, or to comply with instructions of the commission concerning the licensed activity;
(b) conviction of any criminal offense;
(c) failure to file any return or report, to keep records, or to pay any tax;
(d) engaging in fraud, deceit, misrepresentation or conduct prejudicial to public confidence;
(e) insufficiency of the number of tickets sold by the sales agent; and
(f) a material change, since issuance of the license, with respect to any of the matters required to be considered by the commission under N.H. Rev. Stat. § 287-F:6, III.
V. Any suspension or revocation of a state license shall automatically result in suspension of the tri-state lotto license.