Section R19-3-202. Retailer’s Application for License

All applicants shall provide the Director with the following to apply for a license to sell Lottery tickets:

1.        A verified application on forms prescribed by the Direc- tor containing the following information:

a.         The applicant’s name, and if different, the trade name of the business premise, address of the physi- cal location of the place of business, the mailing address if different, and phone number;

b.        The applicant’s current transaction privilege tax license number issued under A.R.S. § 42-5005 and federal taxpayer identification number issued by the Internal Revenue Service and recorded on Form W- 9;

c.         Certification that access to the applicant’s business complies with the Americans with Disabilities Act;

d.        Marketing and sales information on the forms pro- vided by the Lottery. The information required includes the number of cash registers, hours of oper- ation, products presently offered for sale, and the approximate daily volume of customers entering the place of business;

e.         Evidence the applicant operates a business with other products or services unrelated to lottery prod- ucts or services concerning lotteries;

f.         Financial relationship and any outstanding debt owed to the state of Arizona, any of its political sub- divisions, or the United States government;

g.        Evidence the applicant for a full product license is financially solvent. The evidence may include either of the following:

i.         Evidence the applicant has established business credit, has a record of meeting its business debts as they became due for the three years immediately preceding the date of application, and does not have outstanding legal actions, judgments, or tax liens; or

ii.        Personal guarantee, in writing, of applicant’s Lottery account signed by a guarantor and the guarantor’s spouse, if community property is being used to guarantee the account, or by the guarantor only, if guarantor provides proof that the guarantee  is  based on  sole  and separate property.

h.        An Electronic Funds Transfer Authorization agree- ment showing a valid bank account number for the full product applicant from which the Lottery will withdraw any amounts due.

2.        If the applicant does business as a sole proprietorship or partnership:

a.         The name, home address, and home phone number of each owner or partner, including spouse if com- munity property owner, unless applicant provides

proof that the business is sole property separate from the community; and

b.        Written authorization and tax identification number for the business entity and Social Security number of each applicant in order to obtain a credit check from a credit reporting agency.

3.        If the applicant does business as a limited liability part- nership (“LLP”) or a limited liability company (“LLC”):

a.         The name, home address, and home phone number of each partner or member; and

b.        Written authorization and a tax identification num- ber to perform a credit check.

4.        If the applicant does business as a corporation:

a.         The name, corporate address, and corporate phone number of each officer and director, and the name, home address and home phone number of the responsible local premise manager who is the con- tact representative for the applicant’s corporate loca- tion in Arizona; and

b.        Written authorization and a tax identification num- ber to perform a credit check.

5.        If the applicant does business as a charitable organiza- tion:

a.         A copy of the organization charter or formation, documentation of current membership status in the organization, and if applicable, the authorization of the auxiliary;

b.        The name, home address, and home phone number of each officer and local premise manager, or if an auxiliary, of each officer and local premise manager of the auxiliary;

c.         A letter of determination issued in the organization’s name by the United States Internal Revenue Service verifying the organization’s tax-exempt status; and

d.        Evidence the charitable organization has maintained a premise within the state of Arizona for the two years immediately preceding the date of application.

6.        If the Lottery licenses an applicant under subsection (1)(g)(ii), the guarantor shall provide a written authoriza- tion to perform a credit check. If the guarantee is based on community property, the guarantor and guarantor’s spouse shall provide written authorization for the Lottery to perform a credit check.

7.        An application fee of $45.00 and an additional credit check fee of $22 if the applicant does business as a corpo- ration, limited liability company, limited liability partner- ship, or partnership.

8.        If the applicant is a business with more than one currently licensed location, the application fee for the new location shall be pro-rated at $1.25 per month from the application date until the date the other licenses are due for renewal under R19-3-202.04(B)(3).

Historical Note

Adopted as an emergency effective May 26, 1981, pursu- ant to A.R.S. § 41-1003, valid for only 90 days (Supp. 81- 3). New Section R4-37-202 adopted effective August 17, 1981 (Supp. 81-4). Spelling correction, subsection (A) to adoption effective August 17, 1981 (Supp. 87-1).

Amended effective September 12, 1989 (Supp. 89-3). R19-3-202 recodified from R4-37-202 (Supp. 95-1). Sec- tion repealed; new Section R19-3-202 renumbered from R19-3-203 and amended effective October 9, 1998 (Supp. 98-4). Amended by final rulemaking at 10 A.A.R.

3073, effective September 11, 2004 (Supp. 04-3). Former R19-3-202 renumbered to R19-3-203; new R19-3-202 renumbered from R19-3-201 and amended by final

rulemaking at 13 A.A.R. 2639, effective September 8,

2007 (Supp. 07-3). Amended by final rulemaking at 16

A.A.R. 2388, effective November 16, 2010 (Supp. 10-4). Amended by final rulemaking at 18 A.A.R. 1471, effec-

tive August 7, 2012 (Supp. 12-2). Amended by final

rulemaking at 20 A.A.R. 964, effective June 1, 2014

(Supp. 14-2).