Statute Text
Selection of retailers; rules; contracts.
(1) The Oregon State Lottery Commission shall adopt
rules specifying the terms and conditions for contracting with lottery game
retailers so as to provide adequate and convenient availability of tickets or
shares to prospective buyers of each lottery game as appropriate for each such
game. Nothing in this subsection is intended to preclude the lottery from
selling tickets or shares directly to the public.
(2)(a) The
Director of the Oregon State Lottery shall, pursuant to this chapter, and the
rules of the commission, select as lottery game retailers such persons as
deemed to best serve the public convenience and promote the sale of tickets or
shares. A person under the age of 18 may not be a lottery game retailer. In the
selection of a lottery game retailer, the director shall consider factors such
as financial responsibility, integrity, reputation, accessibility of the place
of business or activity to the public, security of the premises, the
sufficiency of existing lottery game retailers for any particular lottery game
to serve the public convenience and the projected volume of sales for the
lottery game involved.
(b) Except when
the director recommends, and the commission concludes, that it is reasonable
and prudent to waive disclosure requirements under this section and that to do
so will not jeopardize the fairness, integrity, security and honesty of the
lottery, prior to the execution of any contract with a lottery game retailer,
the lottery game retailer shall disclose to the lottery the names and addresses
of the following:
(A) If the
lottery game retailer is a corporation but not a nonprofit private club as
described in ORS 471.175, the officers, each director who owns or controls
three percent or more of the voting stock and each stockholder who owns 10
percent or more of the outstanding stock in such corporation.
(B) If the
lottery game retailer is a trust, the trustee and all persons entitled to
receive income or benefit from the trust.
(C) If the
lottery game retailer is an association but not a nonprofit private club as
described in ORS 471.175, the members, officers and directors.
(D) If the
lottery game retailer is a subsidiary but not a nonprofit private club as
described in ORS 471.175, the officers, each director who owns or controls
three percent or more of the voting stock and each stockholder who owns 10
percent or more of the outstanding stock of the parent corporation thereof.
(E) If the
lottery game retailer is a partnership, joint venture or limited liability
company, all of the general partners, limited partners, joint venturers,
members of a limited liability company whose investment commitment or
membership interest is 10 percent or more, and managers of a limited liability
company.
(F) If the parent
company, general partner, limited partner, joint venturer, stockholder, member
or manager of a limited liability company is itself a corporation, trust,
association, subsidiary, partnership, joint venture or limited liability
company, then the director may require that all of the information required by
this paragraph be disclosed for such other entity as if it were itself a
lottery game retailer to the end that full disclosure of ultimate ownership be
achieved.
(G) If any
member, 18 years of age or older, of the immediate family of any video lottery
game retailer, or any member, 18 years of age or older, of the immediate family
of any individual whose name is required to be disclosed under this paragraph,
is involved in the video lottery game retailers business in any capacity, then
all of the information required in this paragraph shall be disclosed for such
immediate family member as if the family member were a video lottery game
retailer.
(H) If any
immediate family member, 18 years of age or older, of any lottery game
retailer, other than a video lottery game retailer, or of any person whose name
is required to be disclosed under this paragraph is involved in the lottery
game retailers business in any capacity, then the lottery game retailer shall
identify the immediate family member to the Oregon State Lottery, and shall
report the capacity in which the immediate family member is involved in the
lottery game retailers business if requested by the director. Full disclosure
of immediate family members working in the business may be required only if the
director has just cause for believing the immediate family member may be a
threat to the fairness, integrity, security or honesty of the lottery.
(I) If the
lottery game retailer is a nonprofit private club as described in ORS 471.175,
the treasurer, officers, directors and trustees who oversee or direct the
operation of the food, beverage, lottery or other gambling-related activities
of the nonprofit private club and each manager in charge of the food, beverage,
lottery or other gambling-related activities of the nonpro