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HomeMy WebLinkAbout2016-27242016 -2724 Retailer Number 269225 THIS AGREEMENT is entered into this 15th day of March, 2016, by and between the MINNESOTA STATE LOTTERY (hereinafter referred to as the "MSL ") and, TOP VALU LIQUOR, a CORPORATION, whose business address is 2105 37TH AVE NE, COLUMBIA HEIGHTS, MN, 55421 (hereinafter referred to as the "Retailer"). In signing this agreement, the parties acknowledge that they have read and understood the terms of this Contract and agree to be bound thereby. THE MINNESOTA STATE LOTTERY i Lottery Signature City of Columbia Heights Doing Business As: Top Valu Liquor i a e or tsusiness — By: Retai er Signature Title: Lottery Director Title: City Manager Date: March 15, 2016 Date: _C2� A., 1. Definitions a. "Accounting Week" - The start of business on Tuesday through the end of business on the subsequent Monday. b. "Business Location" — The site, as described by the address stated in this Contract, where the Retailer is authorized to sell Lottery Tickets. c. "Contract" — This agreement between the Retailer and the MSL authorizing the Retailer to sell Lottery Tickets. d. "Director" - The Director of the Minnesota State Lottery or the Director's designee. e. "Lottery Games" - Lotto Games and Scratch Games. f. "Lottery Tickets" - Lotto Game Tickets and Scratch Game Tickets. g. "MSL" - The Minnesota State Lottery. h. "Lotto Game" - A lottery game sold to the public through the use of a Lotto Game Terminal. i. "Lotto Game Terminal" - A terminal installed by the MSL at the Retailer's Business Location that is connected to a MSL system for the purpose of selling and redeeming Lotto Game Tickets and Scratch Game Tickets. j. "Lotto Game Ticket" - A ticket purchased for participation in a Lotto Game. k. "Retailer" - The business authorized by the MSL to sell Lottery Tickets. 1. "Scratch Game" - A lottery game sold to the public on pre - printed tickets containing play data under a latex coating. m. "Scratch Game Ticket" - A pre - printed ticket purchased for participation in a Scratch Game. FY2016 FY2016 5. Marketing Requirements The Retailer agrees to comply with all MSL marketing requirements and to display MSL provided point -of- purchase materials and signage in a prominent area of its Business Location according to instructions issued by the MSL. Retailer agrees to utilize Scratch Ticket dispensers (including any in- counter dispensers) provided by the MSL in the manner prescribed by the MSL. The Retailer agrees to abide by all promotional guidelines adopted by the MSL. 6. Security Deposit The MSL may require the Retailer to maintain a security deposit in the amount set by the Director if the Retailer does not have a favorable credit history, has repeated accounting problems and /or NSF's, or has no credit history. The security deposit must be in a form as set out in Minnesota Statutes, section 349A.06, subdivision 3. 7. Minimum Sales The MSL has the right to set a minimum sales level for a Retailer. If the MSL sets a minimum sales level for a retailer, the Retailer must maintain that sales level in order to remain a Lottery Retailer. 8. Property Provided by MSL All property provided to the Retailer by the MSL, or a vendor under Contract with the MSL, is, and shall remain the property of the MSL or its vendors. The MSL or its vendors shall have the right to enter the property of the Retailer during regular business hours to install and remove any and all such property at any time. The Retailer agrees not to relocate, repair, or modify any property of the MSL or its vendors without the prior written agreement of the MSL. The MSL will provide the Retailer with dispensers to be utilized to sell Scratch Game Tickets and a Lotto Game Terminal. The Retailer must provide sufficient counter space for the Lotto Terminal and Scratch Game Ticket dispensers. The Retailer must provide appropriate electrical utilities for MSL provided equipment. Upon expiration of this Contract, the Retailer shall return, or allow MSL employees or vendors to remove, all MSL property. 9. Responsibility for Tickets The Retailer agrees that all Scratch Game Tickets accepted from the MSL or its distributor are deemed to have been purchased by the Retailer at the price established by the MSL less appropriate Retailer commission, unless the unsold tickets are returned to the MSL according to procedures established by the MSL. The Retailer agrees that all Lotto Game Tickets issued by the Retailer's Lotto Game Terminal are deemed to have been purchased by the Retailer unless canceled as authorized by the MSL game procedures. The Retailer will exercise diligence in the storage of Lotto Game Ticket stock and to provide physical security and control of the Lotto Game Ticket stock. The Retailer agrees not to borrow or lend Lotto Game Ticket stock or Scratch Game Tickets to /or from another Retailer or location. The Retailer is responsible for lost, stolen, or missing Lottery Tickets. 10. Audit of Retailers The Retailer must maintain current and accurate records of all lottery transactions and make them available for inspection or audit by employees of the MSL and to employees of the Department of Public Safety, Alcohol and Gambling Enforcement Division. The Director may select an auditor to perform the audit and the Retailer may be required to pay the costs of the audit. 11. Cancellation, Suspension and Refusal to Renew Contract A. This Contract may be cancelled by the Retailer at any time upon notice to the MSL. B. The Director must cancel this Contract or prohibit the sale of Lottery Tickets if the Retailer has: a) been convicted of a felony, gross misdemeanor, or a gambling related offense; b) a person that owns more than 5% of the Retailer, or an officer or director of the Retailer that has been convicted of a felony, gross misdemeanor, or gambling related offense; c) committed fraud, misrepresentation, or deceit; d) provided false or misleading information to the MSL; e) acted in a manner prejudicial to the public confidence in the integrity of the MSL; f) owes $500 or more in delinquent taxes to the State of Minnesota; or g) been conducting business solely to sell Lottery Tickets. FY2016 FY2016 %tANESO RECEIVED NINNOM City of Columbia Heights Finance Department Dear Retailer: Your annual renewal application to sell lottery tickets has been approved and we have enclosed your copy of the new contract. The $20 annual renewal fee has been charged to your EFT bank account. Lottery retailers must have a Lottery Certificate posted in an area visible to your customers. If you need a new certificate, or if you have any questions, please call Retailer Contracts at (651) 635-8119 or toll free at 1-888-LOTTERY (1-888-568-8379) ext. 8119. Sincerely, Jana Germscheid Retailer Contracts Enc. . 46 Minnesota State Lottery* 2645 Long Lake Road, Roseville, Minnesota 55113 *PH: 651-635-8100 *FAX: 651-297-7498 * TTY: 651-635-8268 recycled paper An Equal Opportunity Employer