58.1-4009 - Licensing of lottery sales agents; penalty.
§ 58.1-4009. Licensing of lottery sales agents; penalty.
A. No license as an agent to sell lottery tickets or shares shall be issuedto any person to engage in business primarily as a lottery sales agent.Before issuing such license the Director shall consider such factors as (i)the financial responsibility and security of the person and his business oractivity; (ii) the accessibility of his place of business or activity to thepublic; (iii) the sufficiency of existing licensees to serve the publicconvenience; and (iv) the volume of expected sales.
B. For the purposes of this section, the term "person" means an individual,association, partnership, corporation, club, trust, estate, society, company,joint stock company, receiver, trustee, assignee, referee, or any otherperson acting in a fiduciary or representative capacity, whether appointed bya court or otherwise, and any combination of individuals. "Person" alsomeans all departments, commissions, agencies and instrumentalities of theCommonwealth, including counties, cities, municipalities, agencies andinstrumentalities thereof.
C. The chief security officer of the State Lottery Department shall conduct abackground investigation, to include a Virginia Criminal History Recordssearch, and fingerprints that shall be submitted to the Federal Bureau ofInvestigation if the Director deems a National Criminal Records searchnecessary, on applicants for licensure as lottery sales agents. The Directormay refuse to issue a license to operate as an agent to sell lottery ticketsor shares to any person who has been (i) convicted of a crime involving moralturpitude, (ii) convicted of bookmaking or other forms of illegal gambling,(iii) found guilty of any fraud or misrepresentation in any connection, (iv)convicted of a felony, or (v) engaged in conduct prejudicial to publicconfidence in the Lottery. The Director may refuse to grant a license or maysuspend, revoke or refuse to renew a license issued pursuant to this chapterto a partnership or corporation, if he determines that any general or limitedpartner, or officer or director of such partnership or corporation has been(i) convicted of a crime involving moral turpitude, (ii) convicted ofbookmaking or other forms of illegal gambling, (iii) found guilty of anyfraud or misrepresentation in any connection, (iv) convicted of a felony, or(v) engaged in conduct prejudicial to public confidence in the Lottery.Whoever knowingly and willfully falsifies, conceals or misrepresents amaterial fact or knowingly and willfully makes a false, fictitious orfraudulent statement or representation in any application for licensure tothe State Lottery Department for lottery sales agent, shall be guilty of aClass 1 misdemeanor.
D. Prior to issuance of a license, every lottery sales agent shall either (i)be bonded by a surety company entitled to do business in this Commonwealth insuch amount and penalty as may be prescribed by the regulations of theDepartment or (ii) provide such other surety as may be satisfactory to theDirector, payable to the State Lottery Department and conditioned upon thefaithful performance of his duties.
E. Every licensed agent shall prominently display his license, or a copythereof, as provided in the regulations of the Department.
(1987, c. 531; 1989, c. 478; 2004, c. 555; 2006, c. 598.)