Okla. Stat. tit. 3A, § 3A-717

Criteria for qualification.

A. The people of this state recognize that to conduct a

successful lottery, the Oklahoma Lottery Commission must develop and

maintain a statewide network of lottery retailers that will serve

the public convenience and promote the sale of tickets or shares and

the playing of lottery games while ensuring the integrity of the

lottery operations, games, and activities.

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B. The Commission shall make every effort to provide small

retailers a chance to participate in the sales of lottery tickets or

shares.

C. The Commission shall provide for compensation to lottery

retailers in the form of commissions in an amount of not less than

two percent (2%) of gross sales and may provide for other forms of

compensation for services rendered in the sale or cashing of lottery

tickets or shares.

D. The Commission shall issue a certificate of authority to

each person with whom it contracts as a retailer for purposes of

display for each location at which tickets or shares are offered for

sale. Every lottery retailer shall post and keep conspicuously

displayed in a location on the premises accessible to the public its

certificate of authority. No certificate of authority shall be

assignable or transferable.

E. The board of trustees of the Oklahoma Lottery Commission

shall develop a list of objective criteria upon which the

qualification of lottery retailers shall be based. Separate

criteria shall be developed to govern the selection of retailers of

instant tickets. In developing these criteria, the board shall

consider such factors as the financial responsibility of the

applicant, security of the place of business or activity of the

applicant, accessibility to the public, integrity, and reputation.

The board shall not consider political affiliation, activities, or

contributions to political committees or candidates for any public

office. The criteria shall include, but not be limited to, the

following:

1. The applicant shall be current in filing all applicable tax

returns to the State of Oklahoma and in payment of all taxes,

interest, and penalties owed to the State of Oklahoma, excluding

items under formal appeal pursuant to applicable statutes. An

applicant who has entered into and is abiding by a payment agreement

with the Oklahoma Tax Commission shall be deemed current in payment

of such taxes, penalties and interest. Notwithstanding the

provisions of Section 205 of Title 68 of the Oklahoma Statutes, the

Oklahoma Tax Commission shall provide this information to the

Commission;

2. No person, partnership, unincorporated association,

corporation, or other business entity or principal, officer or

director of a corporation or other business entity shall be selected

as a lottery retailer who:

a. has been convicted of or is awaiting sentencing on a

plea of guilt or nolo contendere to a criminal offense

related to the security or integrity of the lottery in

this or any other jurisdiction,

b. has been convicted of or is awaiting sentencing on a

plea of guilt or nolo contendere to any illegal

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gambling activity, false statements, false swearing,

or perjury in this or any other jurisdiction or

convicted of or is awaiting sentencing on a plea of

guilt or nolo contendere to any crime punishable by

more than one (1) year of imprisonment or a fine of

more than One Thousand Dollars ($1,000.00) or both,

unless the civil rights of the person have been

restored and at least five (5) years have elapsed from

the date of the completion of the sentence without a

subsequent conviction of a crime described in this

subparagraph,

c. has been found to have violated the provisions of the

Oklahoma Education Lottery Act or any rule, policy, or

procedure of the Commission unless either ten (10)

years have passed since the violation or the board
been

restored and at least five (5) years have elapsed from

the date of the completion of the sentence without a

subsequent conviction of a crime described in this

subparagraph,

c. has been found to have violated the provisions of the

Oklahoma Education Lottery Act or any rule, policy, or

procedure of the Commission unless either ten (10)

years have passed since the violation or the board

finds the violation both minor and unintentional in

nature,

d. is a vendor or any employee or agent of any vendor

doing business with the Commission,

e. resides in the same household as the executive

director, any board member, or any employee of the

Commission,

f. has made a statement of material fact to the

Commission knowing such statement to be false, or

g. is engaged exclusively in the business of selling

lottery tickets or shares. This subparagraph shall

not preclude the Commission from selling or giving

away lottery tickets or shares for promotional

purposes;

3. Persons applying to become lottery retailers shall be

charged a uniform application fee for each lottery outlet;

4. Any lottery retailer contract executed pursuant to this

section may, for good cause, be suspended, revoked, or terminated by

the executive director or designee if the retailer is found to have

violated any provisions of the Oklahoma Education Lottery Act or

objective criteria established by the board. Review of such

activities shall be in accordance with the procedures outlined in

the Oklahoma Education Lottery Act and shall not be subject to the

Administrative Procedures Act; and

5. All lottery retailer contracts may be renewable annually in

the discretion of the Commission unless sooner canceled or

terminated.

F. No certificate of authority to act as a lottery retailer

shall be issued to any applicant doing business or who holds a

license to do business as a pawnbroker, supervised lender, or

deferred deposit lender, also known as a payday lender, or whose

primary business is categorized as a check casher.

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G. No lottery retailer or applicant to be a lottery retailer

shall pay, give, or make any economic opportunity, gift, loan,

gratuity, special discount, favor, hospitality, or service, to the

executive director, any board member, or any employee of the

Commission, or to any person related to any such person within the

third degree of consanguinity or affinity.