(20 ILCS 1605/10) (from Ch. 120, par. 1160)
Sec. 10. The Department, upon application therefor on forms prescribed
by the Department, and upon a determination by the Department that the
applicant meets all of the qualifications specified in this Act, shall
issue a license as an agent to sell lottery tickets or shares. No license
as an agent to sell lottery tickets or shares shall be issued to any person
to engage in business exclusively as a lottery sales agent.
Before issuing such license the Director shall consider (a) the financial
responsibility and security of the person and his business or activity, (b)
the accessibility of his place of business or activity to the public, (c)
the sufficiency of existing licenses to serve the public convenience, (d)
the volume of expected sales, and (e) such other factors as he or she may
deem appropriate.
Until September 1, 1987, the provisions of Sections 2a, 4, 5, 5a, 5b,
5c, 5d, 5e, 5f, 5g, 5h, 5i, 5j, 6, 6a, 6b, 6c, 8, 9, 10, 12 and 13.5
of the Retailers' Occupation Tax Act which are not inconsistent
with this Act shall apply to the subject matter of this Act to the same
extent as if such provisions were included in this Act. For purposes of
this Act, references in such incorporated Sections of the Retailers'
Occupation Tax Act to retailers, sellers or persons engaged in the business
of selling tangible personal property mean persons engaged in selling
lottery tickets or shares; references in such incorporated Sections to
sales of tangible personal property mean the selling of lottery tickets or
shares; and references in such incorporated Sections to
certificates of registration mean licenses issued under this Act. The
provisions of the Retailers' Occupation Tax Act as heretofore applied to
the subject matter of this Act shall not apply with respect to tickets sold
by or delivered to lottery sales agents on and after September 1, 1987, but
such provisions shall continue to apply with respect to transactions
involving the sale and delivery of tickets prior to September 1, 1987.
All licenses issued by the Department under this Act shall be valid
for a period not to exceed 2 years after issuance unless sooner
revoked, canceled or suspended as in this Act provided. No license issued
under this Act shall be transferable or assignable. Such license shall be
conspicuously displayed in the place of business conducted by the licensee
in Illinois where lottery tickets or shares are to be sold under such license.
For purposes of this Section, the term "person" shall be construed to
mean and include an individual, association, partnership, corporation,
club, trust, estate, society, company, joint stock company, receiver,
trustee, referee, any other person acting in a fiduciary or representative
capacity who is appointed by a court, or any combination of individuals.
"Person" includes any department, commission, agency or
instrumentality of the State, including any county, city, village, or
township and any agency or instrumentality thereof.
(Source: P.A. 97-464, eff. 10-15-11; 98-499, eff. 8-16-13.)
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