RETAILERS

Tax 61.01   Purpose.

Tax 61.02   Definitions.

Tax 61.03   Procedure for selecting and renewing contracting retailers.

Tax 61.04   Criteria for selecting retailers.

Tax 61.05   Fidelity bond.

Tax 61.06   Certificate of authority.

Tax 61.07   Contract denial appeal procedure.

Tax 61.08   Retailer contract terms and conditions.

Tax 61.085   Retailer performance program.

Tax 61.09   Limitation on length of suspension.

Tax 61.10   Appeal procedure.

Tax 61.25   Discretion of enforcement.

Ch. Tax 61 Note Note: Chapter LOT 5 was created as an emergency rule effective June 17, 1988. Chapter LOT 5 was renumbered chapter WGC 61 and corrections made under s. 13.93 (2m) (b) 1. and 6., Stats., Register, March, 1995, No. 471. Chapter WGC 61 was renumbered chapter Tax 61 under s. 13.93 (2m) (b) 1., Stats., and corrections made under s. 13.93 (2m) (b) 7., Stats., Register, October, 2000, No. 538.

Tax 61.01 Tax 61.01 Purpose. The purpose of this chapter is to provide the administrator with the procedure and criteria for selecting retailers to sell lottery tickets, to establish the retailer’s duties and obligations under the contract, to provide the administrator with the procedure and criteria to terminate or suspend the retailer’s contract and to provide the applicant and retailer an appeal procedure if a contract is denied or a contract is terminated or suspended.

Tax 61.01 Note Note: Section Tax 61.01 interprets ss. 565.10 and 565.12, Stats.

Tax 61.01 History History: Cr. Register, March, 1989, No. 399, eff. 4-1-89; CR 01-088: am. Register February 2002 No. 554, eff. 3-1-02.

Tax 61.02 Tax 61.02 Definitions. In this chapter:

Tax 61.02(1) (1) “Administrator” means the administrator of the department’s lottery division or any designees.

Tax 61.02(1m) (1m) “Billing procedure” means the procedures used to collect revenue due the lottery by retailers consistent with s. 565.10 (15), Stats.

Tax 61.02(2) (2) “Commencement of a game” means the date, designated by the administrator, on which lottery tickets for a particular game under sub. (3) shall go on sale to the general public.

Tax 61.02(3) (3) “Lottery ticket” or “lottery share” means one of the following types:

Tax 61.02(3)(a) (a) For instant scratch ticket games under s. 565.01 (6m) (a) 1., Stats., a chance received for consideration that may entitle a player to a prize as a winning ticket under sub. (8), consistent with lottery games under s. 565.27, Stats.

Tax 61.02(3)(b) (b) For on-line ticket games under s. 565.01 (6m) (a) 2., Stats., a chance received for consideration that may entitle a player to a prize as a winning ticket under sub. (8), consistent with lottery games under s. 565.27, Stats.

Tax 61.02(3)(c) (c) For break-open ticket games under s. 565.01 (6m) (a) 1., Stats., a chance received for consideration that may entitle a player to a prize as a winning ticket under sub. (8), consistent with lottery games under s. 565.27, Stats.

Tax 61.02(4) (4) “Low tier prize” means a lottery prize of $49.00 or less, unless otherwise specified in the retailer’s handbook.

Tax 61.02(5) (5) “Retailer performance program” or “RPP” means a program that is designed to provide additional compensation, above the compensation provided under s. 565.10 (14) (b) 1. or 2., Stats., to retailers who meet certain performance goals identified by the Wisconsin lottery.

Tax 61.02(6) (6) “Selling location” means each cash register or instant ticket vending machine at a Wisconsin lottery retail outlet where a lottery ticket is sold.