Tax 63.02(2)(2) “Break-open ticket” means a ticket issued by the Wisconsin lottery that is made of laminated paper, partially perforated to permit strips to be torn from one side to reveal play symbols beneath, from which it can be immediately determined whether the ticket is a winner. Tax 63.02(3)(3) “Location” means the place at which the nonprofit organization has been granted the authority to sell lottery tickets or shares by the administrator. Tax 63.02 HistoryHistory: Cr. Register, December, 1989, No. 408, eff. 1-1-90; CR 01-088: r. and recr., Register February 2002 No. 554, eff. 3-1-02. Tax 63.03Tax 63.03 Application to become a nonprofit organization retailer. Tax 63.03(1)(1) Any nonprofit organization may apply for a contract to sell break-open tickets by completing the application for a nonprofit organization retailer sales contract prescribed by the administrator and submitting it to the Wisconsin lottery. Applications are available upon request by contacting the Wisconsin lottery. A nonrefundable check for $25.00 made payable to the Wisconsin lottery shall accompany each application for a contract. Tax 63.03 NoteNote: Applications and application fees should be mailed or delivered to Wisconsin Lottery, 2135 Rimrock Road, PO Box 8941, Madison WI 53708-8941.
Tax 63.03(2)(2) The administrator shall examine the completed application, and based on criteria under s. 565.10 (2) to (5) and (14), Stats., shall either grant a contract or deny the application. The administrator shall grant the contract or deny the application within 35 business days after the Wisconsin lottery receives the completed application and application fee under sub. (1). Tax 63.04Tax 63.04 Temporary nonprofit organization retailer certificate of authority. Tax 63.04(1)(1) When a nonprofit organization is awarded a contract or a contract renewal under this chapter, the organization shall pay $10.00 to the Wisconsin lottery for a nonassignable and nontransferable certificate of authority. Included as an addendum to the certificate shall be a list from the contract document, specifying the locations at which the nonprofit organization retailer is authorized to sell break-open tickets. Except as otherwise provided in this section, a certificate of authority may authorize sales at more than one location. Tax 63.04(2)(2) The certificate of authority shall be temporary, limiting nonprofit organization retailer sales to specified locations. A certificate of authority and any amendment of it may authorize a nonprofit organization retailer to sell Wisconsin lottery break-open tickets at more than one location, provided the contract document and certificate indicate a single permanent primary location from which the contract and certificate may not be transferred, in accordance with s. 565.10 (10) and (12), Stats. Any other locations that are subsequently amended to the contract and certificate may not be considered as permanent primary locations. Tax 63.04(3)(3) If the certificate is lost, mutilated or destroyed, the nonprofit organization retailer shall within 15 calendar days request in writing and submit a completed application for a duplicate certificate. Tax 63.04(4)(4) A mutilated certificate shall be surrendered to the administrator upon issuance of a duplicate. A lost certificate, when found, shall be surrendered to the administrator within 15 calendar days of its recovery. Tax 63.04(5)(5) If an organization wishes to sell Wisconsin lottery break-open tickets at a location not specified in its retailer contract, it shall apply to the Wisconsin lottery for an amendment to its retailer contract. The application for an amendment must be approved by the Wisconsin lottery at least 15 calendar days before the nonprofit organization begins selling break-open tickets at the new location. Tax 63.04 HistoryHistory: Cr. Register, December, 1989, No. 408, eff. 1-1-90; CR 01-088: am. (1), (3), (4) and (5), renum. and am. (2) (intro.) to be (2) and r. (2) (a) and (b), Register February 2002 No. 554, eff. 3-1-02. Tax 63.05Tax 63.05 Contract denial procedure. The procedures prescribed under s. Tax 61.07 shall apply to contract denials under this chapter. Tax 63.05 HistoryHistory: Cr. Register, December, 1989, No. 408, eff. 1-1-90; correction made under s. 13.93 (2m) (b) 7., Stats., Register, March, 1995, No. 471. Tax 63.06Tax 63.06 Nonprofit organization retailer contract terms and conditions. The nonprofit organization retailer contract under this chapter shall include all of the following terms and conditions: Tax 63.06(1)(1) Contract period and sales authorization. The contract shall remain in effect for no less than one year and shall expire on the date shown on the certificate of authority. The retailer does not have a substantial interest in, or a vested or equitable right to, a contract renewal. Tax 63.06(2)(2) Contract not assignable or transferable. The contract may not be assigned or transferred from one organization or permanent primary location to another. The list of contract locations may be amended by the administrator using the amendment process under s. Tax 63.04 (5), provided that any amendment is consistent specifically with s. Tax 63.04 (2) and all other applicable administrative rules. Tax 63.06(3)(3) Nonprofit organization retailer is not an employee or agent of the state. The nonprofit organization retailer is not an employee or agent of the state of Wisconsin and is not entitled to any right, privilege or benefit that would accrue to an employee or agent of the state of Wisconsin. Tax 63.06(4)(4) Indemnification. The nonprofit organization retailer shall indemnify and hold harmless the state of Wisconsin, the Wisconsin lottery, and the Wisconsin lottery’s employees and agents from and against all claims, suits, or action arising from any willful or negligent act or omission of the retailer or its agents while performing under the terms of the retailer contract.