MISSISSIPPI LEGISLATURE

2019 Regular Session

To: Gaming; Rules

By: Representatives Burnett, Faulkner, Bailey, Cockerham, Denton, Harness, Holloway, Jackson, Mickens, Straughter, Young

House Bill 730

AN ACT TO AMEND SECTION 27-115-55, MISSISSIPPI CODE OF 1972, TO CLARIFY THAT A RETAIL LIQUOR STORE SHALL BE ELIGIBLE TO APPLY TO BECOME A LOTTERY RETAILER; AND FOR RELATED PURPOSES.

     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

     SECTION 1.  Section 27-115-55, Mississippi Code of 1972, is amended as follows:

     27-115-55.  (1)  The Legislature hereby recognizes that to conduct a successful lottery, the corporation must develop and maintain a statewide network of lottery retailers that will serve the public convenience and promote the sale of tickets, while ensuring the integrity of the lottery operations, games and activities.

     (2)  To govern the selection of lottery retailers, the board shall, by administrative rules and regulations, develop a list of objective criteria upon which the selection of lottery retailers shall be based.  In developing these criteria, the board shall consider such factors as the applicant's financial responsibility, location and security of the applicant's place of business or activity, integrity, and reputation; however, the board shall not consider political affiliation, activities or monetary contributions to political organizations or candidates for any public office.  The criteria shall include, but not be limited to, the following:

          (a)  The applicant shall be current in payment of all taxes, interest and penalties owed to any taxing political subdivision where the lottery retailer will sell lottery tickets.

          (b)  The applicant shall be current in filing all applicable tax returns and in payment of all taxes, interest and penalties owed to the State of Mississippi, excluding items under formal appeal pursuant to applicable statutes, before a license is issued and before each renewal.

          (c)  No person shall be selected as a lottery retailer for the sale of lottery tickets who:

              (i)  Has been convicted of a criminal offense related to the security or integrity of the lottery in this or any other jurisdiction.

              (ii)  Has been convicted of any illegal gambling activity, false statements, false swearing or perjury in this or any other jurisdiction, or convicted of a felony.

              (iii)  Has been found to have violated the provisions of this chapter or any administrative rules and regulations adopted under this chapter, unless either ten (10) years have passed since the violation, or the president and the board find the violation both minor and unintentional in nature.

              (iv)  Is a vendor or an employee or agent of any vendor doing business with the corporation.

              (v)  Resides in the same household as an officer or board member of the corporation.

              (vi)  Has made a statement of material fact to the corporation, knowing such statement to be false.

          (d)  A retail liquor store shall be eligible to apply to become a lottery retailer.

     SECTION 2.  This act shall take effect and be in force from and after its passage.