PURPOSE: This rule clarifies when a change of location is allowed and when the change is an assignment or transfer in violation of section 313.255.4., RSMo.

1. (1) The change of a business address for any retail licensee will not be considered the assignment or transfer of the license if all of the following criteria are met:

   1. (A) The licensee informs the director in writing, of the change of address including the old address, the new address and the reasons for the change of address;
   2. (B) The old location ceases all business activity by this licensee, and not merely the sale of lottery tickets, no later than thirty (30) days after beginning any business activity at the new business location; and

   3. (C) The director is satisfied that the change in location—

      1. 1. Is accessible to the public;
      2. 2. Is in the public interest, both as to the

sufficiency of existing licenses and to protect the public interest and trust in the lottery;

1. 3. Has sufficient security at the new

location;

1. 4. Has a sufficient expected sales vol-

ume at the new location; and

1. 5. Meets all the requirements for the ini-

tial issuance of licenses in 12 CSR 40, Chapter 40.

1. (2) In the event that all the criteria in section
2. (1) of this rule are met, the director shall authorize the issuance of a license bearing the location of the new premises. The new license may bear the same identification number as the previous license premises.

AUTHORITY: section 313.220, RSMo Supp. 2014, and section 313.255, RSMo 2000.* Original rule filed May 5, 1986, effective May 15, 1986. Amended: Filed Jan. 4, 1994, effective July 10, 1994. Amended: Filed July 15, 2014, effective Feb. 28, 2015. *Original authority: 313.220, RSMo 1985, amended 1988, 1993, 1995, 2003 and 313.255, RSMo 1985, amended 1988.