PURPOSE: This rule prohibits licensees from engaging in business primarily as a lottery game retailer and establishes the factors for determining whether a licensee is so engaged.

1. (1) No license shall be issued to any person to engage in business primarily as a lottery game retailer.

2. (2) The director in determining whether a licensee is engaging in business primarily as a lottery game retailer shall consider the following factors:

   1. (A) The length of time the business has existed;
   2. (B) The percent of business that lottery tickets constitute of sales, in both dollar amount and number of items sold;
   3. (C) The nature of the business, other than lottery game tickets, in which the licensee is engaged; and
   4. (D) The total volume of sales.

AUTHORITY: section 313.220, RSMo Supp. 2014, and section 313.260, RSMo 2000.* Original rule filed Sept. 4, 1985, effective Sept. 14, 1985. Amended: Filed July 15, 2014, effective Feb. 28, 2015.

*Original authority: 313.220, RSMo 1985, amended 1988, 1993, 1995, 2003 and 313.260, RSMo 1985.