Section 1770.50 License Revocation, Suspension, Non-Renewal or Denial With Prior Notice

Section 1770

Section 1770.50  License

Revocation, Suspension, Non-Renewal or Denial With Prior Notice

The Director may deny, suspend,

not renew or revoke an Agent's license with prior notice and opportunity for

hearing for one or more of the following causes:

a)         Violation of any of the provisions of the Lottery Law or this

Part;

b)         Failure to meet or maintain the eligibility requirements for

licensing as provided in the Lottery Law and this Part, and the Conditions of

Licensing set forth in Section 1770.60;

c)         Fraud, deceit, misrepresentation or other conduct prejudicial

to public confidence in the Lottery;

d)         The misrepresentation of, or failure to disclose, a material

fact to the Board or the Director on any report, record, application, form or

questionnaire required to be submitted to the Board or the Director, including,

but not limited to, the misrepresentation of or failure to disclose a criminal

record, taxpayer status with the State of Illinois, or relevant information

bearing on the financial status of the applicant;

e)         Failure to promptly produce for inspection, by a member of the

Board, the Director, or their authorized representatives, including law

enforcement personnel, any book, record, account, document or item required by

the Lottery Law or this Part;

f)         Refusal to permit access to members of the Board, the Director,

or their authorized representatives, including law enforcement personnel, to

any place where a licensed Lottery activity is conducted;

g)         Failure to file any returns or reports or to keep any records

or reports required by the Director under the Lottery Law or this Part;

h)         Failure to account for Lottery game tickets received or the

proceeds from the sale of Lottery game tickets, and to post a bond or a letter

of credit or security deposit as required by the Director;

i)          Failure to maintain sales levels established by Department

directive;

j)          Failure to comply with the instructions

d by the Director under the Lottery Law or this Part;

h)         Failure to account for Lottery game tickets received or the

proceeds from the sale of Lottery game tickets, and to post a bond or a letter

of credit or security deposit as required by the Director;

i)          Failure to maintain sales levels established by Department

directive;

j)          Failure to comply with the instructions or directives of the Director

as to security procedures for the handling of Lottery game tickets or the

conduct of any Lottery game;

k)         Knowingly causing, aiding, abetting or conspiring with any

other person to violate the Lottery Law or this Part;

l)          Making a misrepresentation of fact to the purchaser, or

prospective purchaser, of a Lottery game ticket, or to the general public, with

respect to the conduct of any Lottery game;

m)        Upon a determination by the Director that the number of Lottery

retailers in the Agent's area of operation exceeds the number that can be

efficiently supported by the Department's budget or personnel, or the public

convenience in obtaining Lottery products is sufficiently served by other Lottery

retailers, considering the total volume of sales in that area;

n)         Failure to pay the Department any obligation when the

obligation becomes due;

o)         Upon a determination by the Director that the Agent has become

insolvent or unable or unwilling to pay debts;

p)         Failure to display Lottery point-of-sale material in a manner that

can be readily seen by the public, or make hand-out materials readily available

to the public;

q)         Upon any change of name, change of ownership, change of business

organization, or change of business location;

r)

Selling a Lottery game ticket to, or giving a ticket or

paying a prize to, a person under the age of 18

. (Section 15 of the Lottery

Law)  For the purposes of this Section, an action by an employee of the Agent

shall constitute an action by the sales Agent

to the public;

q)         Upon any change of name, change of ownership, change of business

organization, or change of business location;

r)

Selling a Lottery game ticket to, or giving a ticket or

paying a prize to, a person under the age of 18

. (Section 15 of the Lottery

Law)  For the purposes of this Section, an action by an employee of the Agent

shall constitute an action by the sales Agent.

s)         The person's place of business caters to or is frequented

predominantly by persons under 18 years of age, but excluding family-oriented

businesses;

t)          The nature of the person's business constitutes a threat to

the health or safety of prospective lottery players;

u)         The nature of the person's business is not consonant with the

probity of the Department;

v)         The person has an unsatisfactory prior history, record, or

performance with the Lottery;

w)        The person's place of business represents a substantial risk

for the collection, deposit, preservation, accounting, or safeguarding of the

Department’s trust accounts, irrespective of the bond or surety provided by the

person;

x)         The person has been suspended permanently from a federal or

state licensing or authorization program and that person has exhausted all

administrative remedies pursuant to the respective agency's regulations or

procedures; or

y)         The proposed retailer's licensed location or locations do not

comply with the requirements of the Americans with Disabilities Act of 1990 (42

U.S.C. 12101) Accessibility Guidelines.