36.02.03.02

.02 Retailer Obligations.

A. Services. A retailer shall:

(1) Provide specified services for the Agency, including the sale, cashing, and issuance of lottery tickets and coupons or vouchers, as directed by the Agency;

(2) Sell a ticket for cash only;

(3) Sell a ticket only at the location specified on the retailer’s license.

(4) Sell a ticket only during the hours listed in the application, or as modified after notifying the Commission, unless otherwise approved in advance by the Agency;

(5) Exercise courteous and fair treatment to lottery players;

(6) Sell all lottery games as directed by the Agency;

(7) Except for those requiring submission of a claim form to the Agency, pay every winning ticket upon validation under COMAR 36.02.06;

(8) Report to the Agency, as required by the Internal Revenue Service or the Agency, income tax information relating to a holder of a winning ticket;

(9) Charge no fee for the issuance or cashing of checks for lottery winnings;

(10) Display the retailer’s license in a prominent location;

(11) Keep playslips in stock and available to players;

(12) Not sell any ticket or lottery-style ticket other than those made available for sale by the Agency;

(13) Except for advertising already located on the retailer’s premises, obtain prior Agency approval for permanent or semi-permanent lottery advertising such as signs and billboards;

(14) Prominently post point-of-sale and other promotional or player-related materials supplied by the Agency;

(15) Free of charge, provide the latest winning game data;

(16) Properly manage customer data; and

(17) Except as permitted in Regulation .12 of this chapter, not have on its premises an illegal gaming device or a slot machine as defined in Criminal Law Article, §12-301, Annotated Code of Maryland.

B. Care of Terminals. A retailer shall:

(1) Place terminals within the retailer’s premises only on a site approved by the Agency;

(2) Provide sufficient space for the proper operation of the terminal;

(3) Before installation of the terminal, provide electrical requirements as prescribed in the Lottery Central System contractor pre-site form;

(4) Participate in training approved by the Agency;

(5) Replace ticket stock when necessary;

(6) Provide reasonable care and security for ticket stock, tickets, and supplies;

(7) As specified in the operating manual and help screens for the terminal and lottery equipment, exercise due diligence in the operation, security, and care of the terminal and lottery equipment;

(8) Except as directed by the Agency or the Lottery Central System operator, not perform mechanical or electrical maintenance on the terminal or lottery equipment;

(9) As directed by the Agency, immediately notify the Lottery Central System contractor’s technical support operations center in the event of a terminal malfunction;

(10) As directed by the Agency, make the terminal available for the sale and cashing of tickets;

(11) Except for materials that are provided by the Agency and are specifically authorized to be placed on a terminal, keep the surfaces of the terminal free and clear;

(12) Pay the electrical utility charges in connection with the operation of the terminal; and

(13) Assume the cost of the repairs to the terminal, other lottery equipment, or the retailer’s property related to:

(a) Unauthorized attempts to modify or repair the terminal or other lottery equipment;

(b) Unauthorized attempts to move the terminal or other lottery equipment; and

(c) Other damage to the terminal, lottery equipment or the retailer’s property including:

(i) Intentional damage;

(ii) Defacement of the property; and

(iii) Negligence resulting in damage to the property.

C. Hold Harmless. A retailer shall hold the Agency and the State of Maryland and their officials and employees, harmless from any liability arising in connection with operating and conducting ticket sales.