§ 1605. Lottery sales agents and other licensees. a. The division may
license as agents to sell lottery tickets such persons as in its opinion
will best serve public convenience, except that no license shall be
issued to any person to engage in business exclusively as a lottery
sales agent. The division may license such persons as in its opinion are
suitable to participate in video lottery gaming pursuant to section
sixteen hundred seventeen-a of this article.

b. For purposes of this article the term "person" shall be construed
to mean and include an individual, partnership, limited liability
company, association, organization, club, company, corporation, trust,
estate, society, joint stock company, receiver, trustee, assignee,
referee, or any other person acting in a fiduciary or representative
capacity, whether appointed by a court or otherwise, and any combination
of individuals. "Person" shall also be construed to mean and include
agencies and instrumentalities of the state, and counties, cities, towns
and villages.

c. The division may, upon application approved by a local school
district board or by the governing board of a non-public school, license
as agents persons to sell lottery tickets for one lottery drawing with
the compensation to be paid to the designated local school district or
non-public school, provided however, that in no event may either such
person be licensed, or any such local school district or non-public
school receive the compensation from such a special license more than
once in any calendar year.

d. Before issuing a license to any person, the division shall
consider, with respect to such person:

1. Financial responsibility and security of the business or activity
in which such person is engaged.

2. Accessibility of the place of business or activity to the public.

3. Sufficiency of existing licenses to serve public convenience.

4. Whether place of business or activity is predominantly frequented
by persons under the age of eighteen years.

5. Volumes of expected sales.

e. The division is hereby authorized to obtain criminal background
information on any applicant for, or holder of, a lottery license for
the purpose of determining whether a license should be granted,
suspended, or revoked. The sources of such information include the
license applicant or holder, the division of criminal justice services,
and any licensing agency which is currently considering a licensing
application or which has been granted a presently-held license to the
same license applicant or holder. The division shall require each
license applicant to submit identifying information which shall include
fingerprints unless they are already on file with the division or other
state agencies. The fingerprints so obtained shall be forthwith
forwarded, and the applicable fee transmitted, to the division of
criminal justice services or any other state or federal government
agency having facilities for checking fingerprints for the purpose of
determining whether or not criminal charges are pending against the
applicant or whether or not the applicant had previously been convicted
of a crime, and such agency shall promptly report a finding of such
pending charges and previous convictions, if any, to the division in
writing or by electronic means or any other method agreed upon by the
division and such agency. Prior to or upon making a determination not to
approve an application for a lottery license based upon an applicant's
criminal history record, the division shall provide such applicant with
a copy of article twenty-three-A of the correction law, and inform such
applicant of his or her right to seek correction of any incorrect
information contained in such record pursuant to regulations and
procedures established by the division of criminal justice services. In
its discretion, the division may decline to act on any application
pending the disposition of any pending charges against the applicant.
The division may, after providing notice and an opportunity for a
hearing pursuant to the state administrative procedure act, deny a
license to any person found to have committed a felony under the laws of
the United States or under the laws of the state of New York or any
other state or foreign jurisdiction or any crime relating to gaming
activities or that is otherwise found to have engaged in conduct which
would be prejudicial to public confidence in the state lottery. All
determinations to grant or deny a license pursuant to this section shall
be in accordance with subdivision sixteen of section two hundred
ninety-six of the executive law and article twenty-three-A of the
correction law. Notwithstanding the provisions of article six of the
public officers law or any other law to the contrary, the division may
withhold from public disclosure any criminal history information except
that criminal convictions may not be withheld under this provision.

For purposes of this article, a licensee may include: a lottery sales
agent; a video lottery gaming agent; a vendor; a vendor's subcontractor;
an employee of an agent, vendor or vendor's subcontractor; or an
officer, director, partner, trustee or owner of an agent, vendor or
vendor's subcontractor.

f. No employee of a lottery sales agent shall be required as a
condition of employment to sell lottery tickets if his or her religious
beliefs militate against such activity.

g. Notwithstanding any other provision of this section to the
contrary, in considering the issuance of a license to a benevolent order
or any other association, organization or club that is distinctly
private in its nature under section forty of the civil rights law, the
division is not required to consider paragraph two of subdivision d of
this section. In conducting activities pursuant to the license, such
benevolent order, association, organization or club shall comply with
section forty-c of the civil rights law to the extent that such section
applies.