§ 9-117. Compensation of licensed agents; rental payments

   (a) In general. --

   (1) (i) Except as provided in subparagraphs (ii) and (iii) of this paragraph, a licensed agent shall receive regular commissions of 5.5% of the licensed agent's gross receipts from ticket sales.

      (ii) For fiscal year 2012 through December 31, 2012, only, a licensed agent shall receive regular commissions of 5.0% of the licensed agent's gross receipts from ticket sales.

      (iii) If a video lottery operation license for a video lottery facility in Baltimore City is issued, a licensed agent shall receive regular commissions of 6% of the licensed agent's gross receipts from ticket sales.

   (2) A licensed agent may further receive a cashing fee not to exceed 3% of valid prizes paid for services rendered in cashing winning tickets.

(b) Bonus or incentive; offering alcoholic beverages prohibited. --

   (1) The Commission may authorize the payment of special bonuses or incentives to licensed agents and their employees.

   (2) The total of the bonuses and incentives may not exceed one-half of 1% of the gross receipts from ticket sales for the year for which the bonuses or incentives are awarded.

   (3) Lottery sales agents may not offer patrons inducements of alcoholic beverages to purchase or redeem lottery tickets.

(c) Rental payments. -- Unless otherwise expressly provided by a lease for premises on which lottery tickets are sold, whenever lottery tickets are sold by a licensed agent on premises subject to rent that is wholly or partially based on a percentage of gross sales or receipts, the tenant responsible for payment of the rent may calculate that portion of the rent arising from the sale of lottery tickets solely on the basis of:

   (1) the commission received by the licensed agent on the sale of those tickets; and

   (2) in the case of instant lottery tickets, the difference between the price paid by the licensed agent in purchasing the tickets from the Agency and the price for which they were sold by the agent.

HISTORY: An. Code 1957, art. 88D, § 17; 1984, ch. 284, § 1; 1986, chs. 268, 400; 1988, chs. 315, 316; 1998, ch. 462; 1999, ch. 640; 2005, ch. 444, § 9; 2009, ch. 487, § 2; 2012 1st Sp. Sess., ch. 1, § 1; 2012 2nd Sp. Sess., ch. 1, § 1.