CHAPTER 48:01:03
INSTANT LOTTERY TICKETS
Section
48:01:03:01 Ticket distribution.
48:01:03:02 Ticket sales price.
48:01:03:03 Tickets to be sold in pack order.
48:01:03:04 Payment of bill for lottery tickets.
48:01:03:05 Ticket commission.
48:01:03:06 Incentive programs.
48:01:03:07 Purchase of ticket is compliance agreement.
48:01:03:08 Ticket sales final.
48:01:03:09 Ticket exchange prohibited.
48:01:03:10 Unaccounted tickets.
48:01:03:11 Lost or stolen tickets.
48:01:03:01. Ticket distribution. Tickets for each instant lottery game shall be distributed to retailers in the following manner:
(1) The lottery shall deliver the initial ticket inventory to the retailer. Retail sales of each instant game may begin upon delivery of the tickets to the retailer;
(2) Following the initial delivery of tickets for each game, the lottery may distribute additional tickets to each retailer. The lottery may market multiple instant games simultaneously;
(3) The quantity of tickets to be supplied for initial and additional ticket deliveries shall be determined by the executive director based on the following:
(a) The market served by the retailer;
(b) The number of retailers serving the same market;
(c) Previous ticket sales by the retailer;
(d) The quantity of unsold tickets in the retailer's and lottery's possession;
(e) Scheduled special promotions or community activities; and
(f) The length of time remaining for the current game.
At the conclusion of each game, the lottery may collect all unsold tickets in the possession of each retailer. The lottery shall credit to the retailer the price paid for all full packs of unsold tickets. Credit for returns of partial packs of unsold tickets must be authorized by the executive director.
Source: 14 SDR 53, effective October 11, 1987; 17 SDR 51, effective October 8, 1990; 20 SDR 166, effective April 12, 1994.
48:01:03:03. Tickets to be sold in pack order. Retailers shall sell tickets in pack order.
Source: 14 SDR 53, effective October 11, 1987; 39 SDR 100, effective December 5, 2012.
General Authority: SDCL 42-7A-4(1)(4), 42-7A-21(6)(17).
Law Implemented: SDCL 42-7A-4(1)(4), 42-7A-21(6)(17).
48:01:03:04. Payment of bill for lottery tickets. Upon receipt of the billing, a retailer shall pay the lottery in full for tickets sold by the retailer. The retailer shall remit payment to the lottery by electronic transfer of funds.
The retailer shall establish an account with a financial institution capable of receiving and processing electronic funds transfers. The retailer shall furnish the lottery all information and bank authorizations required to facilitate the timely payment of money due the lottery. The retailer must provide the lottery 14 days advance notice of any proposed account changes to ensure the uninterrupted electronic transfer of funds. The lottery shall withdraw the amount due the lottery from the retailer's account by means of electronic funds transfer on a day specified by the lottery. If the day specified for withdrawal falls on a federal or state holiday, withdrawal shall take place on the following business day.
The retailer shall maintain a balance in the account that is sufficient to cover the amount due the lottery. The lottery may withhold further delivery of tickets to a retailer or may require an accelerated payment schedule if a retailer's payment is late or the account has insufficient funds to satisfy the amount due the lottery.
Source: 14 SDR 53, effective October 11, 1987; 19 SDR 62, effective October 27, 1992; 20 SDR 166, effective April 12, 1994.
General Authority: SDCL 42-7A-8(9), 42-7A-21.
Law Implemented: SDCL 42-7A-8(9), 42-7A-21
48:01:03:05. Ticket commission. A retailer shall receive a commission of five percent of the sales price of each ticket sold.
Source: 14 SDR 53, effective October 11, 1987; 18 SDR 117, effective January 12, 1992; 20 SDR 166, effective April 12, 1994.
General Authority: SDCL 42-7A-21.
Law Implemented: SDCL 42-7A-21
48:01:03:06. Incentive programs. Any game may include a retailer incentive program. The incentive shall not exceed one percent of gross sales.
The formula used to determine incentives shall be the same for all participating retailers in a particular game and shall be published and provided to all retailers selling that game. Incentives may be paid in either cash or merchandise.
Source: 14 SDR 53, effective October 11, 1987; 18 SDR 117, effective January 12, 1992.
General Authority: SDCL 42-7A-21.
Law Implemented: SDCL 42-7A-21
48:01:03:10. Unaccounted tickets. Tickets that cannot be accounted for by a retailer, regardless of the reason, are the responsibility of the retailer. If a retailer claims that unaccounted tickets were stolen or lost, the retailer may request an investigation of the claim. The executive director shall hold prize money in escrow pending findings of an investigation when a claimed ticket for a prize is among those reported stolen or lost by a retailer. The executive director may request a player to disclose the retailer who sold the winning ticket and may withhold award of the prize until disclosure and verification is made.
Source: 14 SDR 53, effective October 11, 1987.
General Authority: SDCL 42-7A-21.
Law Implemented: SDCL 42-7A-21
