Section 805.8. Conditions for licensing

Upon issuance of a license, the agent shall agree to the following conditions:

(1) The agent shall agree and be bound by and comply with the provisions of act and any rules, regulations and instructions promulgated pursuant to such act by the Bureau.

(2) The agent shall agree to make available for sale to the public valid lottery tickets during normal business hours.

(3) The agent shall agree to maintain authorized displays, notices, drop boxes and other material used in conjunction with lottery ticket sales in accordance with instructions issued by the Bureau.

(4) The agent shall agree that all lottery tickets accepted from the Bureau of State Lotteries or its distributor or safekeeping depositories, are deemed to have been purchased by the agent at the price established by the Bureau, less the appropriate commission discount, if any, unless unsold tick- ets are returned to the authorized distributor or safekeeping depository on or before the settlement date. The agent shall agree to be responsible for lost or missing tickets or loose tickets not returned in sequential order.

(5) The agent shall agree to maintain current and accurate records of all operations in conjunction with lottery ticket sales in conformity with the provisions of this part.

(6) The agent shall agree to make available to representatives of the Bureau upon their request, for inspection and audit, those records he is required to maintain.

(7) The agent shall agree that the license issued to him may be revoked, suspended or its renewal rejected for any or all of the following reasons, but not necessarily limited to such reasons:

(i) Whenever the agent knowingly uses false or misleading information in obtaining the license.

(ii) Whenever the agent violates any of the provisions of the act or the provisions of this part.

(iii) Whenever it is determined by the Secretary that the agent fails to meet minimum sales or volume requirements considering the marketing locale of the agent.

(8) It shall be agreed by the agent that he shall hold the Bureau and the Commonwealth harmless from any liability arising in connection with operating and conducting lottery ticket sales.

(9) The agent shall agree to provide, upon request of the Secretary, a certificate of insurance running to the Bureau or Commonwealth with respect to any liability which may arise as a result of his activities as a licensee for the sale of lottery tickets.

(10) The agent shall agree that, in his capacity as a licensee to sell lottery tickets, he is not acting on behalf of the Bureau or the Commonwealth as an agent, officer, or employe thereof, but is acting in the capacity of an independent contractor, and, as such, shall further agree that any contractual or tortious liability he may incur in connection therewith shall be his sole responsibility.

(11) The agent understands that the license issued to him shall be issued and renewed on an annual basis unless such licensing period shall be extended or changed at the discretion of the Secretary. It is further understood and agreed by the agent that he shall not conduct any business or hold himself out as a lottery sales agent unless a renewal license is timely granted.

The provisions of this § 805.8 amended March 9, 1973, effective March 10, 1973, 3 Pa.B. 449.