§ 1203. Distribution; retail purchase and sale
(a) Only nonprofit organizations may purchase break-open tickets from a distributor licensed
under this chapter.
(b) No person, other than a licensed distributor or a nonprofit organization acting under
subsection (f) of this section, shall distribute a box of break-open tickets. No person
shall distribute a box of break-open tickets unless the box bears indicia as required
by the Commissioner. No person shall distribute or sell a break-open ticket at retail
unless the ticket bears a unique serial number.
(c) A distributor licensed under this chapter may sell break-open tickets only to nonprofit
organizations as defined in subdivision 1201(5) of this chapter, except that a person
other than a licensed distributor may sell such tickets to a licensed distributor
upon written approval of the Commissioner.
(d) Only nonprofit organizations may sell break-open tickets at retail.
(e) Break-open tickets shall not be sold at premises licensed to sell alcoholic beverages
except:
(1) at clubs as defined in 7 V.S.A. § 2; or
(2) a nonprofit organization may sell break-open tickets at premises licensed to sell
alcoholic beverages if, notwithstanding 13 V.S.A. § 2143(e), all proceeds from the sale of break-open tickets are used by the nonprofit organization
exclusively for charitable, religious, educational, and civic undertakings, with only
the following costs deducted from the proceeds:
(A) actual cost of the break-open tickets;
(B) the prizes awarded;
(C) reasonable legal fees necessary to organize the nonprofit organization and to ensure
compliance with all legal requirements; and
(D) reasonable accounting fees necessary to account for the proceeds from the sale of
break-open tickets.
(f) A nonprofit organization that sells break-open tickets, other than a club as defined
in 7 V.S.A. § 2, shall report to the Department of Liquor and Lottery on a quarterly basis the number
of tickets purchased and distributed, and the corresponding serial numbers of those
tickets, the amount of revenue realized by the nonprofit organization, and the amounts
accounted for under subdivisions (e)(2)(A)-(D) of this section. The nonprofit organization
shall also identify an individual from the organization responsible for the reporting
requirements under this subsection. If the Department of Liquor and Lottery determines
that a nonprofit organization has failed to comply with the requirements of this subsection,
the Department of Liquor and Lottery shall notify the nonprofit organization and any
licensed distributors of this failure, and any licensed distributor that continues
to sell break-open tickets to that nonprofit organization after notice shall be considered
in violation of the requirements of this chapter until the Department of Liquor and
Lottery has determined the nonprofit organization is back in compliance with this
subsection.
(g) The provisions of this chapter regarding sales and purchases of break-open tickets
also apply to transfers of break-open tickets for no charge. (Added 2017, No. 73, § 13, eff. Sept. 1, 2017; amended 2019, No. 73, § 38.)