Massachusetts § 27 - Sale of tickets; agents; licensing; restrictions

§ 27. Sale of tickets; agents; licensing; restrictions

Section 27. No person, other than a fraternal, veterans', or charitable organization, shall be licensed as an agent to sell lottery tickets or shares if such person engages in business exclusively as a lottery sales agent. Before issuing such license the director shall consider the financial responsibility and security of each applicant for licenses, his business or activity, the accessibility of his place of business or activity to the public, the sufficiency of existing licenses to serve the public convenience, and the volume of expected sales. Said director may refuse to issue a license to any person who has been convicted of a felony by a court of competent jurisdiction in the commonwealth or of any other state or of the United States and who, in the opinion of said director, is not of good moral character to act as a licensed agent to sell lottery tickets. No person lawfully dealing in or promoting lottery tickets pursuant to this law or commission regulations shall be subject to prosecution for setting up and promoting a lottery or for any other crime incidental thereto, or for selling or having in his possession lottery tickets, shares or materials of said lottery. Any three persons objecting to the issuance of such a license, or any person applying for and being denied such a license may request and be granted a public hearing by the commission under the provisions of chapter thirty A. No such license shall be issued to which the local municipal licensing board has objected in writing except after a hearing under said chapter thirty A and unless four members of the commission approve the issue of such license, notwithstanding the objection of the local licensing board. No employer shall set up a payroll deduction plan for the purchase of lottery tickets by his employees.

No member of the commission or covered state employee or member of their immediate family residing in the same household in the principal place of abode of any member of the commission or covered state employee, or legal entity that includes such a person as an officer, director, member, partner, owner, investor or an individual that has a financial interest in the entity, unless said interest is in a publicly traded company by ownership of shares of less than 10 per cent of all issued stock, shall be issued a license to sell lottery tickets. For the purposes of this paragraph, ''covered state employee'' shall mean a state employee, as defined in section 1 of chapter 268A, or a special state employee, as defined in section 1 of chapter 268A, of the commission, and ''immediate family'' shall have the same meaning as defined in section 1 of chapter 268A. No person shall use a position in public service or a position of private employment in any manner so as to encourage the sale of tickets. Nothing in this section or any other section of this chapter shall be construed so as to prohibit the commission from designating certain of its agents and employees to sell lottery tickets directly to the public; provided, however, that none of said employees shall receive any remuneration or commission for such sale; and, provided further, that no lottery ticket shall be sold to persons committed to any state or county correctional facility, or any state hospital.

Every licensee shall keep conspicuously posted on his premises a notice containing the name and numbers of the council on compulsive gambling and a statement of its availability to offer assistance.