§ 23-115-604. Cancellation, suspension, revocation, or termination of retailer license
(a) A retailer license executed by the Office of the Arkansas Lottery under this chapter shall specify the reasons for which the retailer license may be canceled, suspended, revoked, or terminated by the office. The reasons shall include without limitation: (1) Commission of a violation of this chapter or a rule of the office; (2) […]
§ 23-115-904. Inconsistent statutes inapplicable
(a) Section 5-66-101 et seq. and all other laws and parts of laws inconsistent with this chapter are expressly declared not to apply to any person engaged in, conducting, or otherwise participating in lotteries. (b) A person is not guilty of any criminal offense set forth in § 5-66-101 et seq. or any other law […]
§ 23-115-605. Retailers — Fiduciary duty — Protection against loss
(a) (1) Proceeds from the sale of tickets or shares shall be held in trust until paid to the Office of the Arkansas Lottery either directly or through the office’s authorized collection representative. (2) A retailer and officers of a retailer’s business have a fiduciary duty to preserve and account for retail lottery proceeds, and […]
§ 23-115-1001. Legislative intent
(a) The purposes of this subchapter are to establish: (1) A policy and to provide a system whereby all claimant agencies of this state in conjunction with the Office of the Arkansas Lottery shall cooperate in identifying debtors who owe money to the state through its various claimant agencies or to persons on whose behalf […]
§ 23-115-606. Retailer — Rental payments based on percentage of retail sales
If a retailer’s rental payments for the business premises are contractually computed, in whole or in part, on the basis of a percentage of retail sales and the computation of retail sales is not explicitly defined to include sales of tickets or shares, only the compensation received by the retailer from the Office of the […]
§ 23-115-1002. Definitions
As used in this subchapter: (1) “Claimant agency” means a state agency, department, board, bureau, commission, or authority: (A) To which a person owes a debt; or (B) That acts on behalf of a person to collect a debt; (2) “Debt” means a: (A) Liquidated sum due and owing any claimant agency when the sum […]
§ 23-115-607. Business closure authority — Notice
(a) In addition to all other remedies provided by law for failure to remit lottery proceeds due the Office of the Arkansas Lottery, the Director of the Office of the Arkansas Lottery may close the business of a retailer if the retailer fails to comply with § 23-115-605(b) three (3) times within any consecutive twenty-four-month […]
§ 23-115-1003. Collection remedy not exclusive
The collection remedy authorized by this subchapter is in addition to and not in substitution for any other remedy available by law.
§ 23-115-608. Administrative hearing
(a) A retailer may request an administrative hearing concerning the decision of the Director of the Office of the Arkansas Lottery to close the retailer’s business. (b) Within five (5) business days after the delivery or attempted delivery of the notice required by § 23-115-607(c), the retailer may file a written protest, signed by the […]
§ 23-115-609. Judicial relief
(a) (1) If the decision of the hearing officer under § 23-115-608 is to affirm the closure of the business, the decision shall be submitted in writing and delivered by the United States Postal Service or by hand to the retailer. (2) The retailer may seek judicial relief from the decision by filing suit within […]