(9) Sales at unauthorized locations.
The retailer may not sell tickets purchased from the Wisconsin lottery under this chapter at locations that are not specified in its contract, consistent with s. Tax 63.04 (1)
The nonprofit organization retailer shall be responsible for the condition and security of lottery tickets received. If the retailer's lottery tickets are lost, stolen, mutilated, damaged, unaccountable or otherwise unsalable, the retailer shall be solely responsible for those tickets. The administrator may not reimburse the retailer for those losses.
The nonprofit organization retailer shall report by telephone within 24 hours any stolen tickets to the administrator of security in Madison, Wisconsin.
The nonprofit organization retailer shall elect either of the following 2 payment options in its contract:
Payment by check or money order upon delivery of tickets to the retailer.
Payment through an electronic fund transfer account that shall be debited once a week by the Wisconsin lottery for tickets received the previous week.
All tickets received by the nonprofit organization retailer shall be deemed to have been purchased by the retailer.
The administrator may accept returned tickets for credit only under the following circumstances:
If the tickets are defective, the administrator may allow the nonprofit organization retailer to make a return. The retailer shall return as many of the suspected defective tickets as is possible, using packaging that is opaque and can be readily sealed.
If the order was filled incorrectly by the Wisconsin lottery, the administrator may allow the nonprofit organization retailer to make a return. The retailer shall return any incorrectly shipped break-open tickets using packaging that is opaque and can be readily sealed.
If the shipment of tickets is unopened by the nonprofit organization retailer, the administrator may allow the retailer to make a return. To be considered unopened, the package shall contain all the tickets that it contained when delivered to the retailer and have the shipping seals intact and unopened.
The administrator may assess the retailer a surcharge, an interest penalty, or both, for each dishonored check or electronic fund transfer. The surcharge shall be equal to the costs incurred, incident to such dishonor. Interest may be charged only in the event that a retailer account is referred for overdue collection, and may be assessed at a rate not to exceed 8.5% of the overdue amount.
(12) Prize redemption.
The nonprofit organization retailer shall redeem all prizes from break-open tickets purchased from that retailer, on the day of sale and at the location of sale.
(13) Right to appeal suspension or termination.
In the event the administrator suspends or terminates the nonprofit organization retailer's contract, the retailer is entitled to an appeal in accordance with the provisions set forth under s. Tax 61.10
(14) Suspension or termination procedure.
The nonprofit organization retailer, upon notice of suspension or termination, shall immediately stop selling lottery tickets. Within 2 weeks of the suspension or termination, the retailer shall make payment on any money owed to the Wisconsin lottery and surrender all unsold tickets and all state owned lottery property.
(15) Grounds for suspension or termination.
The nonprofit organization retailer's contract may be suspended or terminated without prior notice by the Wisconsin lottery for any of the following reasons:
The retailer fails to meet one or more of the qualifications for being a retailer under s. 565.10
, Stats., or under the Wisconsin lottery's administrative rules.
The retailer sells break-open tickets at times or locations not authorized by the certificate of authority.
The retailer intentionally sells a break-open ticket to a person under 18 years of age.
The retailer endangers the security of the Wisconsin lottery.
The retailer engages in fraud, deceit, misrepresentation or other conduct prejudicial to public confidence in the Wisconsin lottery.
The retailer fails to remit money owed to the Wisconsin lottery or fails at least 3 times to have sufficient funds available resulting in the electronic fund transfer, check or money order not clearing the bank.
The retailer engages in telecommunication or printed advertising that in the administrator's determination is false, deceptive or misleading.
The retailer fails to follow instructions and procedures for the conduct of any particular lottery game.
Tax 63.06 History
Cr. Register, December, 1989, No. 408
, eff. 1-1-90; r. and recr. (11) (a), am. (11) (d) and (15) (g), Register, October, 1990, No. 418
, eff. 11-1-90; correction in (13) made under s. 13.93 (2m) (b) 7., Stats., Register, March, 1995, No. 471
; CR 01-088
: am. (1) (2), (3), (5), (6), (7), (8) (b), (c), (d), (g), (9), (10), (11) (a),(d), (12), (13), (14), (15) (intro.), (a), (e), (f), (g) and (h) and r. and recr. (11) (c), Register February 2002 No. 554
, eff. 3-1-02; CR 07-087
: am. (11) (c) 1. to 3. and (d) Register April 2008 No. 628
, eff. 5-1-08.
Limitation on length of suspension.
A suspension shall be limited to a maximum of 45 calendar days, during which time the administrator shall consider the appropriate permanent action to be taken, including, but not limited to, termination of the nonprofit organization retailer contract.
Prize structure of nonprofit organization retailer break-open ticket games.
The administrator shall offer nonprofit organization retailers under this chapter a selection of at least 2 break-open ticket games with prize structures ranging from not less than 50% of sales to not more than 80% of sales.
Ticket cost to nonprofit organization retailer and nonprofit organization retailer compensation.
The cost to the nonprofit organization retailer of break-open lottery tickets under this chapter shall be 10% of the face price of the tickets. The retailer shall be entitled to retain all proceeds from sales less redeemed prizes.
Tax 63.09 History
Cr. Register, December, 1989, No. 408
, eff. 1-1-90.