CODE OF VIRGINIA

LICENSING OF LOTTERY SALES AGENTS; PENALTY (§ 58.1-4009)

A. No license as an agent to sell lottery tickets or shares shall be issued to
any person to engage in business primarily as a lottery sales agent. Before
issuing such license, the Director shall consider such factors as (i) the
financial responsibility and security of the person and his business or
activity; (ii) the accessibility of his place of business or activity to the
public; (iii) the sufficiency of existing licensees to serve the public
convenience; and (iv) the volume of expected sales.

B. For the purposes of this section, the term “person” means an
individual, association, partnership, corporation, club, trust, estate, society,
company, joint stock company, receiver, trustee, assignee, referee, or any other
person acting in a fiduciary or representative capacity, whether appointed by a
court or otherwise, and any combination of individuals. “Person”
also means all departments, commissions, agencies and instrumentalities of the
Commonwealth, including counties, cities, municipalities, agencies and
instrumentalities thereof.

C. The chief security officer of the Virginia Lottery shall conduct a background
investigation, to include a Virginia Criminal History Records search, and
fingerprints that shall be submitted to the Federal Bureau of Investigation if
the Director deems a National Criminal Records search necessary, on applicants
for licensure as lottery sales agents. The Director may refuse to issue a
license to operate as an agent to sell lottery tickets or shares to any person
who has been (i) convicted of a crime involving moral turpitude, (ii) convicted
of bookmaking or other forms of illegal gambling, (iii) found guilty of any
fraud or misrepresentation in any connection, (iv) convicted of a felony, or (v)
engaged in conduct prejudicial to public confidence in the Lottery. The Director
may refuse to grant a license or may suspend, revoke or refuse to renew a
license issued pursuant to this chapter to a partnership or corporation, if he
determines that any general or limited partner, or officer or director of such
partnership or corporation has been (a) convicted of a crime involving moral
turpitude, (b) convicted of bookmaking or other forms of illegal gambling, (c)
found guilty of any fraud or misrepresentation in any connection, (d) convicted
of a felony, or (e) engaged in conduct prejudicial to public confidence in the
Lottery. Whoever knowingly and willfully falsifies, conceals or misrepresents a
material fact or knowingly and willfully makes a false, fictitious or fraudulent
statement or representation in any application for licensure to the Virginia
Lottery for lottery sales agent is guilty of a Class 1 misdemeanor.

D. In the event an applicant is a former lottery sales agent whose license was
suspended, revoked, or refused renewal pursuant to this section or § 58.1-4012,
no application for a new license to sell lottery tickets or shares shall be
considered for a minimum period of 90 days following the suspension, revocation,
or refusal to renew.

E. Prior to issuance of a license, every lottery sales agent shall either (i) be
bonded by a surety company entitled to do business in this Commonwealth in such
amount and penalty as may be prescribed by the regulations of the Department or
(ii) provide such other surety as may be satisfactory to the Director, payable
to the Virginia Lottery and conditioned upon the faithful performance of his
duties.

F. Every licensed agent shall prominently display his license, or a copy
thereof, as provided in the regulations of the Department.

HISTORY: 1987, c. 531; 1989, c. 478; 2004, c. 555; 2006, c. 598; 2014, cc. 224,
225.