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THE DISTRICT OF COLUMBIA
LOTTERY AND CHARITABLE GAMES CONTROL BOARD
NOTICE OF FINAL RULEMAKING
The Executive Director of the District of Columbia Lottery and Charitable Games Control Board, pursuant to the authority set forth in D.C. Official Code §§ 1-204.24a(c)(6) (2012 Supp.); §§ 3-1306 and 3-1321 (2007 Repl.); District of Columbia Financial Responsibility and Management Assistance Authority Order, issued September 21, 1996; and Office of the Chief Financial Officer Financial Management Control Order No. 96-22, issued November 18, 1996, hereby gives notice of its intent to amend Chapters 3 and 99 of Title 30, “Lottery and Charitable Games,” of the District of Columbia Municipal Regulations (DCMR). The amendments will allow D.C. Lottery and its agents the option of accepting debit cards as a method of payment from customers for lottery sales.
The Notice of Proposed Rulemaking was published in D.C. Register on April 5, 2013 at 60 DCR 5160. Final action to adopt these rules as final took place on May 6, 2013. No comments were received, and no substantive changes were made to the rulemaking. These final rules will become effective upon publication of this notice in the D.C. Register.
Chapter 3, AGENT REQUIREMENTS, of Title 30 of the DCMR is amended to read as follows:
Amend Section 308, “AGENT RESPONSIBILIITES” to read as follows:
308.1 Agents shall do the following:
(a) Provide for the sale of lottery tickets in accordance with instructions issued by the Agency;
(b) Accept only cash or debit cards for the sale of lottery tickets.
(1) Agents are not required to accept debit cards for the sale of lottery tickets, but if an Agent chooses to accept debit cards, the Agent shall be responsible for any costs, fees or charge backs that may be associated with debit card lottery sales.
(2) Agents may not charge a fee associated with accepting debit cards for lottery ticket sales.
(c) Sell lottery tickets during all hours and days that the agent's establishment is open for business, at the location set forth in the license;
(d) Render services which meet the standards of the reasonable prudent business person;
(e) Be financially responsible to the Agency for all revenues derived from the sale of lottery tickets and all tickets that are cashed or cancelled and are later presented to the Agency for payment;
(f) Be financially responsible to destroy all cashed lottery tickets and all cancelled lottery tickets;
(g) Post prominently point-of-sale and other promotional materials supplied by the Agency;
(h) Attend all training sessions;
(i) Provide a site for the location of any on-line computer terminal assigned to the agent;
(j) Provide, prior to the installation of the on-line computer terminal, a dedicated electrical double duplex “U” grounded outlet on a separate circuit that remains on twenty-four (24) hours a day for the exclusive use of the on-line computer terminal, which outlet shall be located within five feet (5 ft.) of the on-line computer terminal;
(k) Provide sufficient space for the proper operation of the on-line computer terminal at the site approved by the Agency;
(l) Exercise due diligence in the operation and care of the on-line computer terminal and immediately notify the Agency's computer operation center of any on-line computer terminal malfunction;
(m) Permit a representative of the Agency to conduct on-site inspections of lottery property, including the on-line computer terminal, during the agent's normal hours of operation;
(n) Provide for the cashing of all lottery tickets and pay all claims up to a maximum of six hundred dollars ($600.00), or such other amount as may be determined by the Executive Director, in cash, regardless of where the winning lottery ticket was purchased;
(o) Cash checks for lottery winnings without charging fees;
(p) Ascertain the winning numbers and immediately post them in a prominent place after each drawing;
(q) Replace ribbons and ticket stock as required in the on-line computer terminal;
(r) Perform no mechanical or electrical maintenance on the on-line computer terminal;
(s) Notify the Agency in writing at least fourteen (14) days in advance of the agent's intent to temporarily cease operations (e.g., vacation), or as soon as possible in the case of an emergency;
(t) Notify the Agency in writing of a change of address of the location, type of establishment or ownership of the establishment, in accordance with § 206 of this title;
(u) Notify the Agency in writing seven (7) days in advance of a change of bank account maintained for the deposit of on-line revenues pursuant to § 305.1.
(v) Pay the cost for all telephone lines resulting from agent relocations;
(w) Permit no persons under eighteen (18) years of age to sell lottery tickets;
(x) Provide a certificate of insurance, which indicates that the agent has and maintains casualty insurance, approved by the Agency, to cover the replacement cost of the on-line computer terminal and other Agency property assigned to the agent. The agent shall notify the Agency in writing of any change in insurance coverage fifteen (15) days in advance of the change; and
(y) Not sell lottery tickets to anyone under the age of eighteen (18).
Chapter 99, DEFINITIONS, of Title 30 of the DCMR is amended as follows:
Section 9900, DEFINITIONS, is amended by adding the following terms and definitions:
DEBIT CARD - A card used to pay for purchases by electronic transfer from the purchaser’s bank account. A debit card is not a credit card.
