| (a) No sales agent may distribute or sell lottery game
tickets from a lottery ticket vending machine, except those lottery
ticket vending machines supplied and placed by the commission. For
purposes of this section lottery ticket vending machine is defined
as a ticket dispensing machine that dispenses lottery game tickets
without the assistance of a sales agent's personnel.
(b) Lottery ticket vending machines may be placed by
the commission in a sales agent's location based upon criteria established
by the executive director. The criteria may include consideration
of the location of the sales agent, the type of the sales agent's
location, e.g., grocery store, the size of the sales agent's location,
and minimum sales criteria that shall be provided to the sales agents
prior to implementation of such criteria.
(c) A lottery sales agent must maintain the minimum
sales criteria established by the executive director in order to obtain
and retain a lottery ticket vending machine. A sales agent who does
not maintain minimum sales in accordance with such sales criteria
may be placed in a sales review period unless good cause exists as
determined by the executive director. After the sales agent's sales
review period has expired, the sales agent's sale of lottery game
tickets shall be reviewed. If the sales agent has not maintained the
minimum sales in accordance with the minimum ticket sales criteria
during such sales review period, the commission or commission's designated
representative may remove the lottery ticket vending machine.
(d) The minimum sales criteria established by the executive
director shall be provided to the sales agents at least 30 days prior
to imposition of such minimum sales criteria.
(e) Lottery ticket vending machines may only be placed
within the sales agent's location in a site approved by the commission.
(f) A lottery sales agent may redeem any lottery prize
of less than $600.
(g) Every lottery sales agent location equipped with
a lottery ticket vending machine(s) will be provided a remote shut
off device to allow for the control of sales transactions.
(h) A lottery sales agent shall keep the lottery ticket
vending machine stocked with printer supplies and tickets.
(i) A lottery sales agent shall provide designated
sales reports to the commission or the commission's designated representative(s).
(j) A lottery sales agent shall undergo required training
relating to the use and maintenance of lottery ticket vending machines
prior to ticket sales from the lottery ticket vending machine.
(k) A lottery sales agent shall allow commission designated
service technicians access to the lottery ticket vending machine to
allow service and repair of the lottery ticket vending machine.
(l) A sales agent is expected to make every reasonable
effort to provide player resolution at the retail location if a player's
lottery purchase, or attempted purchase, from a lottery vending machine
results in a need to refund the player's money. The sales agent is
to contact the Lottery Operations Division for service to resolve
a mechanical error and the commission to request any refund due to
player reimbursement. Resolution due to player errors or requests
for ticket cancellations must follow the specific lottery game rule
for the game played.
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| Source Note: The provisions of this §401.368 adopted to be effective January 4, 1995, 19 TexReg 10097; amended to be effective September 19, 1996, 21 TexReg 8658; amended to be effective May 20, 2001, 26 TexReg 3489; amended to be effective June 18, 2015, 40 TexReg 3645; amended to be effective August 30, 2020, 45 TexReg 5908 |
