Md. Code Regs. 36.02.03.12

Current through Register Vol. 51, No. 17, August 23, 2024

Section 36.02.03.12 - Prohibited Acts

A. This regulation does not:

(1) Prevent a person from giving a lottery ticket to another as a gift; or

(2) Prohibit the purchase of a ticket for the purpose of making a gift to a person younger than 18 years old.

B. No person other than a licensed lottery retailer or the retailer's employee or the Agency may sell a lottery ticket or a lottery subscription.

C. A retailer shall require all lottery tickets to be paid for by the purchaser at the time of purchase.

D. A retailer may not:

(1) Sell a ticket at any price other than that established by the Director;

(2) Sell to or cash a lottery ticket for a person younger than 18 years old;

(3) Allow an employee younger than 18 years old to sell or cash a lottery ticket or operate lottery equipment;

(4) Extend credit in any manner for the sale of lottery tickets;

(5) Offer customers alcoholic beverages to induce them to purchase or redeem a lottery ticket; or

(6) Except as provided in Criminal Law Article, §§ 12-301.1, 12-304, and 12-308, Annotated Code of Maryland, have on its premises an illegal gaming device or a slot machine as defined in Criminal Law Article, § 12-301, Annotated Code of Maryland.

E. Games of Chance.

(1) This section does not apply to a game of chance offered legally by a retailer that is:

(a) A video lottery facility;

(b) A legal operator of an electronic gaming device that is licensed as an amusement game in Baltimore City or Baltimore County under Criminal Law Article, § 12-301.1, Annotated Code of Maryland;

(c) Subject to regulation by the Comptroller under Criminal Law Article, § 12-304, Annotated Code of Maryland;

(d) A legal operator of instant bingo under Criminal Law Article, § 12-308, Annotated Code of Maryland; or

(e) Authorized to offer paper tip jar gaming under Criminal Law Article, Title 13, Annotated Code of Maryland.

(2) Except for a lottery game or promotion, a retailer may not offer a game of chance on the retailer's premises.

F. Except as otherwise provided in these regulations or with the approval of the Director, a retailer may not cancel or accept ticket returns for draw games.

G. All instant ticket and Fast Play game ticket sales are final and may not be cancelled once sold.

H. Void Ticket.

(1) A ticket may not be sold for a drawing after that drawing has occurred; and

(2) A ticket sold for a drawing after that drawing has occurred is void.

Md. Code Regs. 36.02.03.12

Amended and recodified from .11 effective 46:24 Md. R. 1104, eff. 12/2/2019; amended effective 47:5 Md. R. 313, eff. 3/9/2020