(a)
(1) The Director of the Office of the Arkansas Lottery may require any degree or type of disclosure necessary of the applicant or any other person in order to ensure the security and integrity of the lottery including:
- (A) The source of funds, financing, and business income used for the purchase and operation of the applicant’s business;
- (B) The name and address of the owner or owners of the sales location;
- (C) A copy of all agreements whereby the applicant is entitled to possession of the sales location; and
- (D) The names and addresses of owners, officers, directors, or trustees who oversee or direct the operation of the business.
- (2) 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 of the Office of the Arkansas Lottery may require that the applicant provide disclosure for such entity as if such entity were a responsible person itself.
- (3) An applicant must disclose to the Office of the Arkansas Lottery all information required by the Director of the Office of the Arkansas Lottery.
(b) In making a determination regarding a licensing application, the Director of the Office of the Arkansas Lottery shall consider the following, including without limitation:
- (1) The applicant's financial responsibility;
- (2) Security of the applicant's place of business or activity;
- (3) Accessibility to the public including compliance with the Americans with Disabilities Act;
- (4) The applicant's integrity; and
- (5) The applicant's reputation.
(c)
- (1) The applicant for a retailer license shall be current in filing all applicable tax returns to the State of Arkansas and in payment of all taxes, interest, and penalties owed to the State of Arkansas, excluding items under formal appeal under applicable statutes.
- (2) Information regarding the applicant's tax filing status will be supplied to the office by the Department of Finance and Administration.
(d) The Director of the Office of the Arkansas Lottery shall not select as a retailer any person who:
- (1) Has been convicted of a criminal offense related to the security or integrity of a lottery in this or any other jurisdiction;
(2) Has been convicted of:
- (A) Any illegal gambling activity, false statements, false swearing, or perjury in this or any other jurisdiction; or
- (B)
- (i) Any crime punishable by:
- (a) (a) More than one (1) year of imprisonment;
- (b) (b) Fine of more than one thousand dollars ($1,000); or
(c) (c) Both.
- (ii) Subdivision (d)(2)(B) of this section shall not apply if the person's civil rights have been restored and at least five (5) years have elapsed from the date of the completion of the sentence without a subsequent conviction of such a crime;
- (3) Has been found to have violated the act or any rule, policy, or procedure of the office unless at least ten (10) years has passed since the violation or the office finds the violation both minor and unintentional in nature;
- (4) Is a vendor or an employee or agent of a vendor doing business with the office;
- (5) Is a member of the immediate family of a member of the office or the Arkansas Scholarship Lottery;
- (6) Has made a statement of material fact to the office knowing the statement to be false;
- (7) Is engaged exclusively in the business of selling tickets or shares;
- (8) Is under eighteen (18) years of age; or
- (9) Is a corporation or other form of business that is not authorized to do business in Arkansas.
Codification Notes: The Americans with Disabilities Act of 1990 is codified primarily at 42 U.S.C. § 12101 et seq.