| Sec. 3770.03. (A) The state lottery commission shall | 9 |
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promulgate rules under which a statewide lottery may be conducted.
| 10 |
|
The rules shall be promulgated pursuant to Chapter
119.
of the | 11 |
|
Revised Code, except that
instant game rules
shall be
promulgated | 12 |
|
pursuant to section 111.15 of the Revised
Code but
are not subject | 13 |
|
to division (D) of that section.
Subjects
covered
in
these rules | 14 |
|
shall include, but need not
be limited
to, the
following: | 15 |
| (1) The locations at which lottery tickets may be
sold and | 31 |
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the manner in which they are to be sold.
These rules may
authorize | 32 |
|
the sale of lottery tickets by commission personnel or
other | 33 |
|
licensed
individuals from traveling show wagons at the state
fair, | 34 |
|
and at any
other expositions the director
of the commission | 35 |
|
considers acceptable.
These rules shall prohibit
commission | 36 |
|
personnel or other licensed individuals from soliciting from an | 37 |
|
exposition the right to sell lottery tickets at that exposition, | 38 |
|
but shall
allow commission personnel or other licensed individuals | 39 |
|
to sell lottery
tickets at an exposition if the exposition | 40 |
|
requests commission personnel or
licensed individuals to do so.
| 41 |
|
These rules may also
address the accessibility of sales agent | 42 |
|
locations to commission products in
accordance with the
"Americans | 43 |
|
with Disabilities
Act of 1990," 104 Stat. 327, 42 U.S.C.A. 12101 | 44 |
|
et seq. | 45 |
| (4) The substantive criteria for the licensing of lottery | 52 |
|
sales agents consistent with section 3770.05 of the Revised Code, | 53 |
|
and procedures for revoking or suspending
their licenses | 54 |
|
consistent with Chapter 119. of the Revised Code. If | 55 |
|
circumstances, such as the nonpayment of funds owed by a
lottery | 56 |
|
sales agent,
or other circumstances related to the public safety, | 57 |
|
convenience, or trust,
require immediate action, the director may | 58 |
|
suspend a license without affording
an opportunity for a prior | 59 |
|
hearing under section 119.07 of the Revised Code. | 60 |
| (5) Special game rules to implement any agreements signed by | 61 |
|
the governor that the
director enters into with other lottery | 62 |
|
jurisdictions under
division (J) of section 3770.02 of the Revised | 63 |
|
Code to conduct
statewide joint lottery games. The rules shall | 64 |
|
require that the
entire net proceeds of those games that remain, | 65 |
|
after associated
operating expenses, prize disbursements, lottery | 66 |
|
sales agent
bonuses, commissions, and reimbursements, and any | 67 |
|
other expenses
necessary to comply with the agreements or the | 68 |
|
rules are deducted
from the gross proceeds of those games, be | 69 |
|
transferred to the
lottery profits education fund under division | 70 |
|
(B) of section
3770.06 of the Revised Code. | 71 |
| (C) The commission may promulgate rules, in addition to those | 72 |
|
described in divisions (A) and (B) of this section, that establish | 73 |
|
standards governing the display of advertising and celebrity | 74 |
|
images on lottery tickets and on other items that are used in the | 75 |
|
conduct of, or to promote, the statewide lottery and statewide | 76 |
|
joint lottery games. Any revenue derived from the sale of | 77 |
|
advertising displayed on lottery tickets and on those other items | 78 |
|
shall be considered, for purposes of section 3770.06 of the | 79 |
|
Revised Code, to be related proceeds in connection with the | 80 |
|
statewide lottery or gross proceeds from statewide joint lottery | 81 |
|
games, as applicable. | 82 |
| (D)(1) The
commission shall meet with the
director
at
least | 83 |
|
once each month and shall
convene
other meetings at the
request of | 84 |
|
the
chairperson
or any five of the
members. No action
taken by the | 85 |
|
commission
shall be binding
unless at least five of
the members | 86 |
|
present vote
in favor
of the action. A written
record shall be | 87 |
|
made of
the proceedings of
each meeting and shall
be transmitted | 88 |
|
forthwith
to the governor,
the president of the
senate, the senate | 89 |
|
minority
leader, the
speaker of the house of
representatives, and | 90 |
|
the house
minority
leader. | 91 |
| (2) The director shall present to the commission a report | 92 |
|
each
month, showing the total revenues, prize disbursements, and | 93 |
|
operating expenses of the state lottery for the preceding month. | 94 |
|
As soon as practicable after the end of each fiscal year, the | 95 |
|
commission shall prepare and transmit to the governor and the | 96 |
|
general assembly a report of lottery revenues, prize | 97 |
|
disbursements, and operating expenses for the preceding fiscal | 98 |
|
year and any recommendations for legislation considered
necessary | 99 |
|
by the commission. | 100 |