HomeMy WebLinkAbout2023-4168xrN E soTa
LOTTERY
Retailer Number
106740
MINNESOTA STATE LOTTERY
RETAILER CONTRACT
THls AGREEMENT is entered into this 15,r,day of Jury. 2023. by and between the
MINNESoTA srATE LorrERy (hereinafter referred to as the -MSL or the .,Lottery") and.
HEIGHTS LlQUoRs/Top VALU. a corporation. whose business address is
5225 uNlvERSlrY AVE NE, coLUMBtA HEIGHTS, MN 55421 (hereinafter referred to as the
"Retailer" ).
ln stgning this agreement, the parties acknowledge that they have read and understood the
terms of this Contract and agree to be bound thereby.
THE MI OTA S OTTERY HEIGHTS LIQUORS/TOP VALU
".4 By:
R.t
Title:
Date:
Lottery Director Title:
Date:
y ManaInterin CiL
July 15,2023 t-q 't^
1 Detinitions
a Accountrng week- - The start of bustness on Tuesday through lhe enc of busrness on the subsequenlMondayb 'Business Loc€tion- - The srte as described by the addrg55 91g196 rn lhrs Contract. where the Retarter rsauthorized to selt Lottery Trcketsc 'contract' - Thrs agreement between the Retarler and the MSL authonzrng the Retarler to selt Lottery
d 'Drrector' - The Oireclor of the Mrnne^sota State Lottery or the Drrector s designeee. 'Lottery Games' - Lotto Games and Scratch Gamesf. 'Lottery Tickets" - Lotto Game Trckets and Scratch Game Trcketsg. 'MSL" - The Mrnnesota Lo[eryh 'Lotto Game' - A rottery gamesord to the pubrrc lhrough the use of a Lotto Game Terminarr' "Lotto Game Termrnal" - A termrnal rnstalled oy tre rvt6r- at tne ietarlers Busrnels io""ir-n tt "t isconnected to a MSL system for the purpose oi sel|ng and redlem,ng Lotto Game Trckets and ScratchGame Tickets
I -Lotto Game Trcket" - A trcket purchased for partrcrpatron rn a Lotto Gamek 'Relarler'- The busaness authoflzed by the t.tSt_ to's.[ Lottu-ry]lcfuts
' -!1']"h Game" - A lottery game sold io the puorrc on plfirired hckets contarnrng pray data under a ratexcoating.m 'scratch Game Ticket'- A pre-p.nted trcker purchased for parlicrpatron rn a scratch Game
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By:
Contract #2023-4168
2 Scop€ of the Contract; Term
Thrs Conlract authorrzes lhe Retarler to sell Lottery Trckets for the MSL according to the terms of this ContraclThe Retarler agrees lo only sell Lottery Trckets at the Retarler s Busrness Location Thts Contract rs subJect tolhe terms and provlsrons of Mrnnesota Statutes. chapter 3494. Mtnnesota Rules. chapter 7ES6. and the game
procedures adopted by lhe Orrector for each Lottery Game and the Retarler agrees to comply and be bound by
any applcable law rule instructron and order rssued by the Lottery Thrs Contract is effecttve on lhe date tt rs
frnally executed by both part,es and shatl remarn rn effecl for one year from July 1S. 2023 until mrdnrght on
July 1'1 2024 unless cance,ed or suspended ty erther party Thrs Contract rs not assrgnable or transferable to
any person or entrty nor rs rt transfe.able to any localron The Retailer shall not conduct any busrness or hold
rlself oul as a Loltery Retatler unless a renewal Contract has been lmely granted
J Sale and Redemption of Lott6ry Tickotsa The Retarler must offer for sale all Lotto Games offered by the MSL and must offer for sale a minimum
number of Scratch Games set by the MSLb The Retarier may nol sell Lottery Tickets to any person under the age of 18 years or redeem a pize tor e
person under the ag€ of 18 years
c The Retarler must prominently drsplay the most current odds posters for Lottery Games supplied by the
MSL
d The Retarler must drsplay the problem gamblng help|ne strcker suppled by the MSL at or near the potnt
where Lottery Ttckets are solde The Retarler must drsplay at rts Busrness Locatron. the cert rcate to sell Lottery Trckets rssued by the MSLI The Retarler must mount a decal provrded by the MSL rn a prominenl place near th€ entrance lo its
Busrness Locatrong The Retarler must sell Loltery Trckets only fo. coin currency money orders. debtvcheck cards or checksh The Retarler must only sell Lottery Trckets al a pnce set by the Drrector pursuant to lhe game procedures
adopted for each Lottery GameI The Retarler musl not condrlron the sale of Lotlery Trckets on the purchase of any other rtem or servrce or
rmpose any srmrlar res(rictron upon the sale of a Lottery Trcket
I The Relarler must make the purchase ol Lotlery Trckets convenrent and readily accessrble to the publc
and make Lottery Trckels available for purchase dunng normal business hoursk The Retarler must begin the sale of Scratch Game Trckets on the date set by the MSL for each Scratch
Game and must cease selling Scratch Game Trckets for a partrcular Scratch Game on the date set by lhe
MSL
I The Retarler must validate and pay all pnzes from wrnnrng Lottery Tickets up to S600. consistent with the
Retarler's normal business hours and cash on hand polcies or as agreed to between the MSL and the
Retarler The Retailer may be responsrble for redeemed Lottery Tickets that are not validated pnor to
payment to a player
nr. The Retarler must settle packs of Scratch Game Trckets to actrvate billing according to procedures
estab|shed by lhe MSLn The Retarler acknowledges that f,Jnds received fronr the sale of Lottery Trckets conslrlute a trust fund untrl
pard to the MSL and that the Retailer rs personally lable for those funds.o The Retarler must marntarn a bank account tor payment of proceeds to the MSLp The Retarler must deposit rn rts desrgnaled bank account all funds due the MSL from the prevrous
Accountrng Week pnor to the Thursday followrng the end of the accountrng week The amount due to the
MSL will be electronrcally taken from this bank account by the MSL each Thursdayq Farlure to trmely pay lhe MSL all amount due from a partrcular Accountrng Week may subpct the Retarler
to a penalty of S20 and interest as desrgnated by rule Fhe Retailer agrees that it may be liable for costs
rncurred by the MSL to collect any amount due to the MSL under this Contract. rncluding attorney s fees.
Compensation/Payments to Retailers
The MSL will pay the Retailer a commrsson of 5%% for lotto sold by the Relailer, a 6% commission for each
pack of scratch trckets sold by the Retailer. and pay the Retailer a commission of 1%% of the value of Lottery
Trckets redeemed and validaled by the Retarler The MSL will rermburse the Retailer for all pnzes pard by the
Retarler accordrng lo the procedures establrshed by lhe MSL
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Marketing Requirements
The Retarler agrees to compty wrth all MSL market ng requrrements and to drsplay MSL provided pornl-ol-purchase-matenals and signage rn a promrnent area of its Busrness Location according io instructrons rssuedby the MSL Retarler agrees to utrlrze Scratch trcket dispense.s (rnctudrng any in-counie, o,spenseis fprqv,oeoby lhe MSL rn the manner prescrabed by the MSL The Retarter agrees to abrde by alt promotonat gu,ielrnesadopted by the MSL
S€curity Oeposit
The MSL may requrre the Relarler to marnlarn a secur(y deposrt in the amount sel by the Oirector rf theRelarler does not have a favorable credit hrstory nas repeaieo accountrng problems and/or NSF.s. or has nocredrt hrstory The secunty deposrt must be rn a form as sel oul rn Mrnneiola Statutes. t""tion aasA ooSubdrvrsron 3
9
Minimum Sales
The MSL has the right to sel a mrnrmum sales level for a Retarler. lf the MSL sets a mrnrmum sates level for aretarler lhe Retarler must marntarn that sales level rn order to remain a Lottery Retarler
Property Provided by MSL
All property provided to the Retarler by the MSL or a vendor under Conlract with the MSL. rs. and sha remajnlhe property of the MsL or rts vendors The MsL or rrs venclors shall have lhe right ro
"niul'
ti,u piop"rtv or tnuRetarler du.ng regurar busrness hours to insta| and remove any and aI srcn priperty at any t,r"e-iheRetarler agrees not to rerocate reparr.^or modrfy
"ny
prop"rty oi tn" MSL or ds r"noo'r" *ur.,'ou, ti" p.o,wrrtten agreement of the MSL The MSL flll provrde the Reiailer with drspensefs to be utrt|zed to sell scratchGame Trckets and a Lotto Game Terminal The Retarler must provide suitoent cornr"iipr"" io1 ti" r-ottoTe'mrnal and Scratch Game Trcket drspensers The Relarler must provrde appropnale electrrcal utrnres forMSL provrded equrpment Ugon exprratron of thrs Contract the Retarler shali ieturn. or allow tutsi ".proy"".or vendors to remove. all MSL propeny
Responsibility for Tickets
The Retailer agre€s thal all scratch Game Trckets accepted from lhe MSL or its drstributor are deemed tohave been purchased by the Retarrer at rhe p.ce estabrrshed by the MSL ress approprrate R;",r;; '
commtssron' unless the unsold tckets are returned lo the MSL accordrog to proceduies estaoilnuo oy tn"MSL The Rerarrer agrees that aI.Loto G_ame Trcrets rssued tf ihe Ref,,reis Loti; C"."'i"i",,rrr "r.deemed lo have been purchased by the Retarrer unrer. "un."i6o as authonzeo by the MSL grr" irJ""our"aThe Retailer will exercise diligence in the storage of Lorto came rrcr<et stock and to provde physrcal securityand control of the Lotto Game Trcket stock rhi Retarler agrees not to borrow or lend Lotto Game Trcket stockor scratch Game TEkets tolor from another Retarler s1 ;eaa*1,a. The Retarler rs responsible for tosl stoten. ormrssrng Lottery Trckets.
Audit of Retailers
The Relarler must marnlarn current?nd accurate records of all tottery transaclrons and make them avadable forrnspecton or aud( by emplovees of the MSL and to emproyees of the Department or FruilGi"rv ,ii".n"rand Gamblrng Enfor6sra., Drvrsron..The Drrecto,,"y a"faaiin,rd,tol. fo *rform lhe audrt and lhe Retarlermay be requtred lo pay the costs of the audrt
Cancellation, Suspension and Refusal to Renew ContractA This Contraa may be canceled oy ttre Retarrer iia;yi,;;;;;; norce ro the MsLB The Drrector must cancer this co;ract o. pron,o,t ,nJrrru-ii-ottery rickets f the Retarrer hasa) been convrcted of a felony., gross mrsdemeanor. o,
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girnOt,ng r"tated offenseb) a person that owns moreinin s% of the Retarler. or al-oIice, or drrector of the Retailer that has been. convrcted of a felony. gross mrsdemeanor. o, gamot,ng [iaIed otfense:c) commttted fraud, mtsrepresentalDn or decert:d) provrded false or misleadrng rnformatron fo the MSL.e) acted In a manner Dreludrcral to the publc confidence rn the rntegrity of the MSL.fl owes $500 or more rn dehnquent laxes lo the State of Mrnnesota. org) been conducring business sotely to sel Lrn"til;i;i, "" " *
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c The Drrector may cancel. suspend or non-renew thrs conlract. or prohib( the sale of Lottery r,crets ,t tieRetarler has
a) ceased conduclrng bus,ness al the Bustness Locaion.b) farled to comply w(h any provisron of thrs Contract.c) farled to accurately account for the proceeds from the sale of Lottery Trckets,d) farled to remrt to the MsL on a trmety basrs the proceeds from the site of Lottery Trckets,e) failed to account for Lottery Trckets recerved from the MSL.f) acted rn a manner such that the Retailer's partrclpatron as a Retarler rs rnconsrstent wth the Oublrcrnterest. convenlence and necessttyg) experlenced a materral change ro any facto. consrdered by the Orrector in entering rnto thrs Contract.h) farled to marntarn a security deposrl as required by the MSL:r) farled to marntarn a mrnimum level of Lottery Trcket sales as set by the MSL.l) retarned an enrployee rnvolved rn the sale of Lottery Trckets who has been convrcted of a gambling-
related offense or a cnme tnvolvtng moral turpatudek) bartered. furnrshed or grven alcoholrc beverages to a person under 21 years of age rn vrolatron of
Mrnnesota law two or more trmes wrlhrn a two-year penod.l) expenenced a change so that rt no longer has the financral stabrlity or responsrbility to act as a
Retarler.
m) expenenced a substantral change rn ownership:n) commrned an acl whtch rmpairs the Retarter s reputatron for honesty and rntegntyo) sold Lottery Trckets to a person that the Retarler koows or has reason to know wtll re-sell the Lotlery
Trckets to another person.
p) conducted rllegal gambirng at the Busrness Location or has allowed dtegal gambttng to be conducted
by others at the Business Location,q) violated a provision of Minnesola Statutes. chapter 3494 or Minnesota Rules. chapter 7856. game
procedures. order or drrectrve issued by the Director, orr) experlenced any mateflal change in any of the qualftcalons for a Retatler under Mtnnesota Statutes.
seclon 3494 06 subdrvrsron 2 or Mrnnesota Rules part 7ES6 2020
D. The Drrector may temporaflly suspend thrs Contracl or prohrbil the sale of Lottery Trckets at the Busrness
Locatron wrthoul pflor notce to the Retarler. for any reason specitied in this Contract provided that
pursuant to Mrnnesota Statutes, sectron 3494.06. subdrvisron 1 1(e). a heanng rs conducted wrthrn seven
days after a request for a hearing is made by the Retailer
E The cancellatron. suspensron. or non-renewal of thrs Contract or the prohibrtton of the sale of Lonery
T€kets rs a contesled case under the Admrnrstratve Procedures Act (Mtnnesota Statutes, Chapter 14)
Liability and lndemnification
The Retarler agrees that rn rts capacily as a contractor to sell Lotery Tickets the Retaaler is not actrng on
behatf of the MSL or the State of Mrnnesota as an agent. oftrcer or employee. but rs actrng in the capacrty of
an rndep€ndent contractor The Retailer agrees to release. indemnfy and hold harmless the MSL and the
State of Mrnnesola. rts offrcers drrectors employees and agents from and agarnst any and all loss clajms
damages expenses and costs {rncludrng attorney fees) ansrng out of or resullrng from any and all acts or
omrss€ns of lhe Retarler rts owners. employees or agents arsrng rn the connectton wrth conducttng the sale
of Lottery Trckets The Retailer further agrees lhat any contraclual or tortuous lrabrlfy incurred by the Retailer
in connectron with the sale of Lottery Trckets shall be the Retarler's sole responsibilaty
Miscellaneous
The Retarler agrees that d they farl to comply wrth any term of thrs Contract. the Lottery may temporarily stop
delrvery of additronal Scratch Game Trckets and prohrbit the use of the Retarler's Lotto Game Termrnal and
pursue any other appropnate remedy to prolect (s interests and property.
Applicable Law and Venue
Thrs Contract and all matters related to rt shall be governed by and rnterpreted by the laws of the State of
Minnesota Any matter ansrng under thrs Conlract shall be brought rn a courl of competent jurisdrctron rn
Ramsey County Mrnnesota
.lI \ t, rt-r
MI N N ESOTA
LOTTERY
t
Dear Retailer:
Your annual renewal application to sell lottery tickets has been approved and we have
enclosed your copy ofthe 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. lf you need a new certificate, or if you have any questions, please call
Retailer Contracts at (651 ) 635-81 19 or toll free at 1-888-LOTTERY (1-888-568-8379)
ext. 8119.
Sincerely,
Sarah Mrozek
Retailer Contracts
Enc:
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