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§ 23-115-601. Retailers

(a) The General Assembly recognizes that to conduct a successful lottery, the Office of the Arkansas Lottery must develop and maintain a statewide network of retailers that will serve the public convenience and promote the sale of tickets or shares and the playing of lotteries while ensuring the integrity of lottery operations, games, and activities. […]

§ 23-115-602. Retailer license

(a) A retailer license is not transferable or assignable. (b) A retailer shall not contract with any person for lottery goods or services except with the approval of the Office of the Arkansas Lottery. (c) Tickets and shares shall be sold only by the retailer stated on the retailer’s license issued by the office under […]

§ 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 […]

§ 23-115-606. 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 […]

§ 23-115-607. 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 […]

§ 23-115-608. 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 […]

§ 23-115-610. Business closure procedure

(a) If a retailer fails to timely seek administrative or judicial review of a business closure decision or if the business closure decision is affirmed after administrative or judicial review, the Director of the Office of the Arkansas Lottery shall direct the Department of Finance and Administration to affix a written notice to all entrances […]

§ 23-115-611. Revocation and suspension of business license

(a) The closure of a business under this subchapter shall be grounds for cancellation, suspension, revocation, or termination of a retailer license under § 23-115-604. (b) The closure of a business under this subchapter shall be grounds for the suspension or revocation of any business license granted under the laws of the State of Arkansas, […]