§§ 1-5. Repealed. 1977, No. 253 (Adj. Sess.), § 7; 1979, No. 3, retroactive to July 1, 1978.

§§ 101-113. Repealed. 1999, No. 133 (Adj. Sess.), § 48, eff. January 1, 2001.

§ 201. Authority to appropriate for recreation.

A city by its council or an incorporated village, at an annual meeting, may appropriate such sums of money as it deems best, not exceeding four percent of its grand list, for the purchase of public playgrounds and lands, and for the construction and maintenance of buildings and equipment thereon, for public recreational purposes. This section shall not apply to a city or incorporated village whose charter or bylaws authorize such appropriation.

§ 202. Authority to establish and finance recreation system.

Municipalities, singly or jointly, may establish, maintain, and conduct a system of public recreation, including playgrounds; may set apart for such use any land or buildings owned or leased by it; may acquire land, buildings, and other recreational facilities by gift or purchase, and may issue bonds therefor as provided in 24 V.S.A. §§ 1751-1788 and equip and conduct the same; may employ a director of recreation and assistant; and may expend funds for the aforesaid purposes.

§ 203. Control and supervision of system.

The legislative body may conduct the same through a department or bureau of recreation or may delegate the conduct thereof to a recreational board created by them, or to a school board or to any other appropriate existing board or commission. The members of such body first appointed shall be appointed for such terms that the term of one member shall expire annually thereafter.

§ 204. Free musical entertainments.

A municipality may appropriate such sums of money not exceeding five percent of its grand list, when the grand list of such municipality does not exceed $20,000.00, and a sum not to exceed three percent of the grand list of such municipality, when the grand list exceeds $20,000.00, to pay the expenses of free musical entertainments, to be held within its limits, at such times and places as is directed by such vote.

§§ 301-313. Repealed. 2005, No. 27, § 117(2).

§§ 351-358. Repealed. 1967, No. 351 (Adj. Sess.), § 9, eff. March 26, 1968.

§ 401. Permits and fees.

A selectboard may permit the exhibition in its town of any show mentioned in 32 V.S.A. §§ 9905 and 9906, on payment by the owners or operators thereof, for the use of the town, of not more than $100.00 nor less than $10.00 for every day on which exhibitions are given in such town.

§ 402. Revocation of permit.

If, during the exhibition of a show under such license, the selectboard is satisfied that such exhibition disturbs the public peace, it may give notice in writing to the owner or operator thereof that the license is revoked. If, after such notice, such exhibition is not immediately suspended, the owner or operator shall be subject to the same penalty as if he or she had exhibited without a license.

§ 403. Penalties imposed on town officers.

Town clerks, selectboards, village trustees, or any other town or city officials shall be fined not more than $10.00 for issuing a permit or license to the owner or operator of a show mentioned in this chapter for less than the minimum fee prescribed for the use of the town in section 401 of this title.

Amended 1967, No. 253 (Adj. Sess.), § 1, eff. Feb. 20, 1968; 2013, No. 34 , § 21; 2013, No. 161 (Adj. Sess.), § 72.

§ 404. Exhibiting without State and town licenses.

A person who gives or attempts to give an exhibition in a town of a show mentioned in 32 V.S.A. §§ 9901-9910 without first having obtained permission of the selectboard of such town therefor and without having received from the Secretary of State the license as provided in 32 V.S.A. §§ 9901-9910 , shall be fined not more than $3,000.00 nor less than $1,000.00.

Amended 1967, No. 253 (Adj. Sess.), § 2, eff. Feb. 20, 1968.

§ 405. Permits to exhibit natural curiosities.

A selectboard may permit a person to exhibit living animals and other natural curiosities for not more than two days at one time on payment of not more than $50.00 nor less than $10.00 by such person to the selectboard for the use of the town.

§ 406. Exhibition without license.

A person who for reward or gain or under color of a gratuity suffers premises under his or her control to be used for the exhibition of a circus, living animals, and natural curiosities or exhibits a living animal or natural curiosity without having previously obtained such permission shall be fined not more than $200.00.

§ 407. [Omitted.].

§ 441. Regulation of shows and games of chance.

The officers of a town fair association may regulate and prevent theatrical, circus, or mountebank exhibitions and shows, or traffic in fruits, goods, wares, and merchandise of whatever description, the trading of horses, and games of chance, on fair days, within a distance of 200 yards in any highway leading to or passing a fairground, if in the opinion of such officers the same would obstruct or interfere with the free and uninterrupted use of such highways. The police employed by such association shall have the same power in respect to such matters on such highways as they have within such grounds.

§ 442. Licenses for theatres and similar entertainment.

The selectboard of a town, trustees of an incorporated village, and the aldermen of a city may grant licenses and fix a fee therefor, for theatres, shows, moving picture shows, or concert halls operated and maintained for profit, may revoke the same, and may also, after hearing, refuse to grant such a license when, in their judgment, the public good requires.

§ 443. Operating without license.

A person who installs, operates, or maintains a theatre, show, moving picture show, or concert hall without first obtaining a license therefor, if required by the selectboard of a town, the trustees of an incorporated village, or the aldermen of a city, as provided in section 442 of this title, shall be fined not more than $100.00 for each day on which he or she so operates or maintains the same. Such fine shall be paid to the town treasurer for the benefit of the town.

§ 444. [Omitted.].

§ 501. Dance hall defined.

A room, hall, eating place, building, structure, or place shall be deemed to be a dance hall for the purposes of this chapter at all times and occasions when dancing, for which admission is charged and which is open to the general public, is conducted or permitted therein.

§ 502. Supervision.

A person, partnership, association, or corporation shall not operate a dance hall unless, at the hours when dancing is conducted or permitted therein, there is in attendance one or more police or other officers empowered to make arrests. With the approval of the selectboard, city council, or trustees of the town, city, or incorporated village where the dance hall is operated, licensed security guards may be employed in place of officers. The officers or security guards shall be paid for their services by the operator of the dance hall. The number of officers or security guards and the individuals so acting shall be approved by the selectboard, mayor, or trustees of the town, city, or incorporated village.

Amended 1991, No. 69 , § 2, eff. June 21, 1991.

§ 503. License required.

A person, partnership, association, or corporation shall not operate a dance hall, bowling alley, or pool hall unless a license so to do has been obtained from the selectboard, city council, or trustees of the town, city, or incorporated village in which it is proposed to operate such dance hall, bowling alley, or pool hall. Any such license may, after hearing and for cause, be revoked by the municipal officers granting the same when in their judgment the public good requires.

§ 504. Fees and regulations.

The selectboard, city council, or trustees of a town, city, or incorporated village shall grant a license as provided in section 503 of this title upon application therefor and upon compliance by the applicant with such reasonable requirements as they may prescribe for the protection and safety of the public and the preservation of the public morals and upon payment of such fee as they may require, not to exceed $25.00 in case of an annual fee or $5.00 in case of a single dance.

§ 505. Regulations on operation.

The selectboard, city council, or trustees of a town, city, or incorporated village are hereby empowered to make regulations concerning the operation of dance halls, bowling alleys, and pool halls including lighting, both inside and outside, on the premises where such dance halls, bowling alleys, or pool halls are operated. Such rules and regulations shall not be effective until they are recorded in the office of the clerk of the municipality for which the same are made, and no license shall be issued until such rules and regulations are complied with.

§ 506. Charitable exemptions.

The provisions of sections 503-505 of this title shall not apply to dance halls, bowling alleys, or pool halls operated by charitable, educational, and fraternal organizations or institutions on premises owned or regularly occupied by charitable, educational, and fraternal organizations or institutions except that in any event no license fee shall be required from any of the organizations or institutions mentioned in this section.

§ 507. Construction.

The provisions of sections 503-506 of this title shall not apply to cities or incorporated villages whose charters, ordinances, or bylaws make different provisions as to the licenses or any of them provided for in this chapter.

§ 508. Penalties.

A person, partnership, association, or corporation who violates a provision of sections 501-507 of this title or who violates any lawful rule or regulation made as provided in section 505 of this title shall be fined not more than $100.00 nor less than $25.00 for each such violation. Each such violation occurring at any single dance shall be deemed to be a separate offense.

§ 509. Setting up alley near schoolhouse or church.

A person as owner or keeper, who sets up or uses a bowling alley upon land adjoining the land on which a school building, college, academy, or church is located, shall be fined $20.00 for each day or time he or she permits such alley to be used.

§ 510. Repealed. 1959, No. 262, § 37, eff. June 11, 1959.

§ 511. Coasting on sleds.

The selectboard shall forbid coasting upon the highways when it endangers the lives or property of travelers and shall post notices to that effect in two or more conspicuous places in the vicinity. However, such prohibition shall not apply to highways in villages or cities having regulations respecting coasting.

§ 512. Penalties.

A person who thereafter coasts on a highway specified in such notice shall be fined $2.00.

§§ 601-642. Repealed. 2019, No. 128 (Adj. Sess.), § 15.

§ 651. Powers and duties of Board of Liquor and Lottery.

The Board of Liquor and Lottery shall adopt rules pursuant to 3 V.S.A. chapter 25, governing the establishment and operation of the State Lottery. The rules may include the following:

1. Types of lotteries to be conducted, provided that no lottery shall be conducted that depends upon the outcome of an athletic contest except that the lottery may be affiliated with a sporting event, or sweepstakes, where the outcome is determined solely by lot or random drawing and not by choice of the lottery participant.
2. Price of lottery tickets.
3. Number and size of prizes.
4. Manner of payment of prizes.
5. Manner and frequency of drawings.
6. The licensing of agents, provided that:
   1. no person who has not attained the age of majority shall be licensed as an agent; and
   2. no agent shall be in the business of solely selling lottery tickets.
7. Lottery product sales locations, which may include State agency liquor stores; private business establishments, except establishments holding first- or first- and third-class licenses pursuant to Title 7; fraternal, religious, and volunteer organizations; town clerks' offices; and State fairs, race tracks, and other sporting arenas.
8. Method for sale of tickets, provided that they may be sold only for cash.
9. Manner of compensation of sales agents, claims agents, and financial institutions involved in the operation of the Lottery.
10. Manner of selecting winning tickets.
11. Apportionment of total revenues, within limits hereinafter specified, accruing to the State Lottery Fund among:
    1. the payment of prizes to winning ticket holders;
    2. the payment of all costs incurred in the creation, operation, and administration of the State Lottery, including compensation of the Board, Commissioner of Liquor and Lottery, employees of the Department of Liquor and Lottery, consultants, and contractors and other necessary expenses;
    3. the repayment of monies advanced to the State Lottery Fund for initial funding of the State Lottery;
    4. the transfer of monies to the Education Fund established by 16 V.S.A. § 4025 , to be used solely for the purposes of State and local funding of public education.

       Added 1977, No. 82 , § 2, eff. April 27, 1977; amended 1997, No. 60 , § 86, eff. July 1, 1998; 2015, No. 23 , § 135; 2015, No. 57 , § 97, eff. July 2, 2016; 2015, No. 172 (Adj. Sess.), § E.141; 2018, No. 1 (Sp. Sess.), § 90.

§ 652. Multijurisdictional lottery games.

1. 1. In addition to the Tri-State Lotto Compact provided for in subchapter 2 of this chapter, and the other authority to operate lotteries contained in this chapter, the Board of Liquor and Lottery is authorized to negotiate and contract with not more than four multijurisdictional lotteries to offer and provide multijurisdictional lottery games. The Board may join any multijurisdictional lottery that provides indemnification for its standing committee members, officers, directors, employees, and agents. (a) (1)  In addition to the Tri-State Lotto Compact provided for in subchapter 2 of this chapter, and the other authority to operate lotteries contained in this chapter, the Board of Liquor and Lottery is authorized to negotiate and contract with not more than four multijurisdictional lotteries to offer and provide multijurisdictional lottery games. The Board may join any multijurisdictional lottery that provides indemnification for its standing committee members, officers, directors, employees, and agents.
   2. 1. The Board shall adopt procedures pursuant to 3 V.S.A. § 835 to govern the establishment and operation of any multijurisdictional lottery game authorized by this section. For each procedure proposed to be adopted or amended pursuant to this section, the Board shall publish the proposal on the Department of Liquor and Lottery's website, provide notice of the proposal to all persons licensed to sell lottery tickets, provide not less than 30 days for public comment on the proposal, and hold not less than two public hearings at which members of the public may seek additional information or submit oral or written comments on the proposal. (2) (A) The Board shall adopt procedures pursuant to 3 V.S.A. § 835 to govern the establishment and operation of any multijurisdictional lottery game authorized by this section. For each procedure proposed to be adopted or amended pursuant to this section, the Board shall publish the proposal on the Department of Liquor and Lottery's website, provide notice of the proposal to all persons licensed to sell lottery tickets, provide not less than 30 days for public comment on the proposal, and hold not less than two public hearings at which members of the public may seek additional information or submit oral or written comments on the proposal.
      2. The Board of Liquor and Lottery shall not be required to initiate rulemaking pursuant to 3 V.S.A. § 831(c) in relation to a procedure adopted pursuant to this section.
      3. A procedure adopted pursuant to this section shall have the force of law and be binding on all persons who play or sell the multijurisdictional lottery game.
2. In each fiscal year, the revenues received from the operation of any multijurisdictional lottery game authorized by this section, after payment of prizes and costs of administration, shall be deposited in the Education Fund established in 16 V.S.A. § 4025 .
3. The provisions of subdivisions 674L.1.1A through 674L.1.1I of this title shall apply to the payment of prizes to a person other than a winner for prizes awarded under any multijurisdictional lottery authorized by this section, except that the Board of Liquor and Lottery shall be responsible for implementing the provisions under this section, rather than the Tri-State Lotto Commission.

   Added 2003, No 19, § 49, eff. May 6, 2003; amended 2007, No. 65 , § 296, eff. June 4, 2007; 2018, No. 1 (Sp. Sess.), § 91.

§ 653. License fees.

A license fee shall be charged for each sales license granted to a person for the purpose of selling lottery tickets at the time the person is first granted a license. The fee shall be fixed by the Board of Liquor and Lottery, but no license fee in excess of $50.00 may be charged.

Added 1977, No. 82 , § 2, eff. April 27, 1977; amended 2013, No. 191 (Adj. Sess.), § 3; 2018, No. 1 (Sp. Sess.), § 93.

§ 654. Interstate lottery; consultant; management.

1. The Board of Liquor and Lottery may develop and operate a lottery or the State may enter into a contractual agreement with another state or states to provide for the operation of the Lottery. Approval of the Joint Fiscal Committee and the Governor shall be required for such contractual agreements with other states.
2. If no interstate contract is entered into, the Board shall obtain the service of an experienced lottery design and implementation consultant. The fee for the consultant may be fixed or may be based upon a percentage of gross receipts realized from the Lottery.
3. The Board may enter into a facilities management type of agreement for operation of the Lottery by a third party.

   Added 1977, No. 82 , § 2, eff. April 27, 1977; amended 2018, No. 1 (Sp. Sess.), § 94.

§ 655. Duties of the Commissioner.

1. The State Lottery shall be under the immediate supervision and direction of the Commissioner of Liquor and Lottery.
2. The Commissioner shall:
   1. Supervise and administer the operation of the Lottery within the rules adopted by the Board of Liquor and Lottery.
   2. Subject to the approval of the Board, enter into contracts necessary for the proper creation, administration, operation, modification, and promotion of the State Lottery or any part of the Lottery. These contracts shall not be assignable.
   3. License sales agents and suspend or revoke any license in accordance with the provisions of this chapter and the rules of the Board.
   4. Act as Secretary to the Board, but as a nonvoting member of the Board.
   5. Employ professional and secretarial staff as necessary to carry out the functions of the Division of the Lottery. 3 V.S.A. chapter 13 shall apply to employees of the Division.
   6. Annually prepare a budget and submit it to the Board.

      Added 1977, No. 82 , § 2, eff. April 27, 1977; amended 1987, No. 121 , §§ 20, 21; 2018, No. 1 (Sp. Sess.), § 95.

§ 656. State Lottery Fund.

1. There is hereby created in the State Treasury a separate fund to be known as the State Lottery Fund. The Fund shall consist of all revenues received from the Treasurer for initial funding, from sale of lottery tickets, from license fees, and from all other money credited or transferred from any other fund or source pursuant to law. The monies in the State Lottery Fund shall be disbursed pursuant to subdivision 651(11) of this title, and shall be disbursed by the Treasurer on warrants issued by the Commissioner of Finance and Management, when authorized by the Commissioner of Liquor and Lottery and approved by the Commissioner of Finance and Management.
2. Expenditures for administrative and overhead expenses of the operation of the State Lottery, except agent and bank commissions, shall be paid from Lottery receipts from an appropriation authorized for that purpose. Agent commissions shall be set by the Board of Liquor and Lottery and shall not exceed 6.25 percent of gross receipts and bank commissions shall not exceed one percent of gross receipts. Once the draw game results become official, the payment of any commission on any draw game ticket that wins at least $10,000.00 shall be made through the normal course of processing payments to lottery agents, regardless of whether the winning ticket is claimed.
3. Not less than 50 percent of gross receipts shall be paid out as prizes.
4. Annuities for lottery winners shall be purchased by the State Treasurer. The State Treasurer shall make all investments of State Lottery Fund monies.

   Added 1977, No. 82 , § 2, eff. April 27, 1977; amended 1979, No. 54 , § 3; 1979, No. 98 (Adj. Sess.), § 1; 1983, No. 195 (Adj. Sess.), § 5(b); 1985, No. 15 ; 1997, No. 155 (Adj. Sess.), § 66g; 2003, No. 66 , § 52a; 2013, No. 113 (Adj. Sess.), § 1; 2018, No. 1 (Sp. Sess.), § 96.

§ 657. Report of the Board.

The Board of Liquor and Lottery shall make an annual report to the Governor and to the General Assembly on or before the 10th day of January in each year. The report shall include an account of the Board's actions and the receipts derived under the provisions of this chapter, the practical effects of the application of the proceeds of the Lottery, and any recommendation for legislation that the Board deems advisable.

Added 1977, No. 82 , § 2, eff. April 27, 1977; amended 2018, No. 1 (Sp. Sess.), § 97.

§ 658. Postaudits.

All State Lottery accounts and transactions of the Board of Liquor and Lottery shall be subject to annual postaudits conducted by independent auditors retained by the Board for this purpose. The Board may order other audits as it deems necessary and desirable.

Added 1977, No. 82 , § 2, eff. April 27, 1977; amended 2015, No. 58 , § E.141.1; 2018, No. 1 (Sp. Sess.), § 98.

§ 659. Sales and purchase of lottery tickets.

The following acts relating to the purchase and sale of lottery tickets are prohibited:

1. Persons convicted of a felony within five years of the date of making application shall not be licensed to sell lottery tickets.
2. No tickets shall be sold at a price higher than the price printed on the lottery tickets.
3. No tickets shall be sold to individuals who have not attained the age of majority. However, tickets may be given as gifts to minors or any other individuals except as prohibited by this chapter.
4. No member of the Board of Liquor and Lottery or employee of the Department of Liquor and Lottery, or member of his or her immediate household, shall claim or receive prize money under this chapter.

   Added 1977, No. 82 , § 2, eff. April 27, 1977; amended 2017, No. 113 (Adj. Sess.), § 182; 2018, No. 1 (Sp. Sess.), § 99.

§ 660. Unclaimed prize money.

Lottery prize winners will be allowed one year from their prize eligibility date to claim a prize. All prize money that is unclaimed after one year shall revert to the State Lottery Fund.

Added 1977, No. 82 , § 2, eff. April 27, 1977; amended 2018, No. 1 (Sp. Sess.), § 100.

§ 661. State gaming laws inapplicable as to lottery.

13 V.S.A. chapter 51, subchapters 1, 2, and 3 shall not apply to the sale of lottery tickets as provided in this chapter. No law providing for any penalty or disability for the sale of lottery tickets or any acts done in connection with a lottery shall apply to the sale of tickets or acts performed pursuant to this chapter.

Added 1977, No. 82 , § 2, eff. April 27, 1977; amended 2003, No. 19 , § 51, eff. May 6, 2003; 2018, No. 1 (Sp. Sess.), § 101.

§ 662. Penalties.

Any person who is convicted of violating a provision of this chapter shall be fined not more than $500.00 or imprisoned for not more than two years, or both.

Added 1977, No. 82 , § 2, eff. April 27, 1977; amended 2018, No. 1 (Sp. Sess.), § 102.

§ 663. Publication of odds.

Any promotional advertising shall, to the extent practicable, estimate the general odds of winning.

Added 1977, No. 82 , § 2, eff. April 27, 1977; amended 2018, No. 1 (Sp. Sess.), § 103.

§ 664. Fiscal Committee review.

1. Whenever the gross receipts of the State Lottery fall below $450,000.00 during any three-month period after the commencement of the first game, the Joint Fiscal Committee shall immediately investigate the condition of the State Lottery, and its likelihood for continuing success.  If, after investigation, the Joint Fiscal Committee determines that continuation of the Lottery is not in the best interests of the State, it may order the termination of the State Lottery.
2. This section shall not apply in the event the Board of Liquor and Lottery enters into a facilities management agreement pursuant to the provisions of subsection 654(c) of this title.

   Added 1977, No. 82 , § 2, eff. April 27, 1977; amended 2018, No. 1 , (Sp. Sess.), § 104.

§ 671. Short title.

This Compact shall be known and may be cited as the "Tri-State Lotto Compact."

Added 1985, No. 28 , § 2.

§ 672. Compact.

The State of Vermont enters into the following Compact with the states of Maine and New Hampshire subject to the terms and conditions stated in the Compact.

Added 1985, No. 28 , § 2.

§ 673. General provisions - Article I.

1. Statement of policy and purpose.  This Compact is enacted to implement the operation of Tri-State Lotto, for the purpose of raising additional revenue for each of the party states. Tri-State Lotto is not intended to replace any existing lottery game in the party states, but, rather, to be run in addition to these games. Tri-State Lotto tickets will be sold in each of the party states and processed in a central area to be determined by the Commission. No less than 50 percent of the gross sales from each state will be aggregated in a common prize pool, and operating costs will be charged proportionally to the party states. The remaining revenues generated within each state will remain in that particular state.
2. Definitions.
   1. "Tri-State Lotto" means a combined lotto game for all member states, with common tickets, common advertising and a common prize pool.
   2. "Party states" means the states of New Hampshire, Vermont, and Maine.
   3. "Commission" means the Tri-State Lotto Commission created and established by this Compact.
   4. "Concurrent legislation" means legislation enacted by one of the party states which is concurred in by the other party states in the form of enactments having like effect.
   5. "Lotto" means a game of lotto as prescribed by the Commission.

      Added 1985, No. 28 , § 2; amended 2007, No. 65 , § 297.

§ 674. Procedures and conditions governing the tri-state lottery - Article II.

1. Creation of the Tri-State Lotto Commission.  The party states, for the purpose of operating Tri-State Lotto, establish the Tri-State Lotto Commission.
2. Nature of the Commission.  The Commission shall be an interstate body, both corporate and politic, serving as a common agency of the party states and representing them both collectively and individually in the exercise of its powers and duties.
3. Organization of the Commission.  The Commission shall be composed of one member from each of the party states.  Each party state lottery or sweepstakes commission shall appoint one of its members to serve on the Tri-State Lotto Commission.  Each member shall hold office at the pleasure of the appointing authority.  The Commission shall elect a chair from among its members annually.
4. Functioning of the Commission.
   1. The Commission's functions shall be performed and carried out by its members and by advisory committees or panels as the Commission may establish, and by officers, independent contractors, agents, employees, and consultants as may be appointed by the Commission.  All officers, independent contractors, agents, consultants, and employees shall hold office at the pleasure of the Commission, unless the Commission otherwise decides, and the Commission shall prescribe their powers, duties, and qualifications and fix their compensation and other terms of their employment.
   2. No action of the Commission shall be effective or binding unless there is a unanimous decision by all of the representatives of the various party states.
   3. The members of the Commission shall receive compensation for their services pursuant to this Compact and in accordance with the policies of the respective states, and they shall be entitled to be reimbursed for the expenses they naturally and necessarily incur in the performance of their duties.
   4. No member of the Commission who is otherwise a public officer or employee shall suffer a forfeiture of his or her office or employment, or any loss or diminution in the rights and privileges pertaining to their office or employment, by reason of membership on the Commission.
5. Powers and duties of the Commission.
   1. The Commission shall have the power and it shall be its duty to operate and administer Tri-State Lotto and to promulgate rules and regulations governing the establishment and operation of the lotto, including but not limited to the following topics:
      1. the design of the game;
      2. the price of the tickets;
      3. the number and sizes of the prizes on the winning tickets;
      4. the manner of selecting the winning tickets and paying the prizes;
      5. the frequency of the drawings;
      6. the type or types of locations at which tickets may be sold;
      7. the method to be used in selling tickets;
      8. the compensation required to be paid to Tri-State Lotto sales agents in order to assure adequate availability of tickets and public convenience in purchasing tickets; and
      9. the development of an internal security plan designed to prevent player fraud.
   2. The Commission or its designee shall also have the power and it shall be its duty to license sales agents to sell Tri-State Lotto tickets, in accordance with paragraph G of this article.  The Commission may require a bond from any licensed agent in an amount to be determined by the Commission.
   3. The Commission shall make monthly and year-end reports to the commissions of the party states, which shall include a complete statement of Tri-State Lotto revenues, prize disbursements and other expenses, and any other information the party states may require.
   4. All Tri-State Lotto accounts and transactions shall be subject to annual postaudits conducted by independent auditors retained by the Commission for this purpose.
   5. In addition to the powers enumerated above, the Commission shall have the power to adopt a corporate seal and enter into contracts, including but not limited to contracts with other governments or agencies, to hire, lease, acquire, and dispose of property to the extent necessary to carry out its functions, powers, and duties as set forth in this section, and to expend or authorize expenditures of monies for the purpose of operating Tri-State Lotto pursuant to this Compact.  The party states each shall have the right to require an audit as a party state may from time to time consider proper.
   6. The Commission also shall have additional powers, incidental to the express powers granted to it by this Compact, as may be necessary or proper for the effective performance of its functions.
6. Cooperation and assistance of other agencies.  To avoid duplication of effort and in the interests of economy, the Commission may make use of existing studies, plans, data, and other materials in the possession of the governmental agencies of the party states and their respective political subdivisions. Each agency is authorized to make these materials available to the Commission and otherwise to assist it in the performance of its functions.  The officers and personnel of these agencies, and of any other government or agency, may serve at the request of the Commission upon advisory committees and panels as the Commission creates; and the officers and personnel may serve upon the committees and panels without forfeiture of office or employment and with no loss or diminution in the status, rights, and privileges which they otherwise enjoy.
7. Licensing of Tri-State Lotto sales agents.
   1. The Commission or its designee may license as agents to sell Tri-State Lotto tickets, those persons as in its opinion will best serve the public convenience, except that no license shall be issued to any person to engage in business exclusively as a sales agent.
   2. For purposes of this article, the term "person" shall be construed to mean and include an individual, partnership, 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.
   3. Before issuing a license to any person, the Commission shall consider with respect to the person:
      1. financial responsibility and the security of the business or activity in which the 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 the place of business or activity is predominantly frequented by persons under the age of 18 years;
      5. volumes of expected sales; and
      6. the possession of a valid party state license.
8. Suspension and revocation of licenses.
   1. The Commission may suspend or revoke, after notice and hearing, any license issued pursuant to this Compact.  The license may, however, be temporarily suspended by the Commission without prior notice, pending any prosecution, investigation, or hearing.  A license may be suspended or revoked by the Commission for just cause, including one or more of the following reasons:
      1. failure to account for tickets received or the proceeds of the sale of tickets or to file a bond if required by the Commission or to comply with instructions of the Commission concerning the licensed activity;
      2. conviction of any criminal offense;
      3. failure to file any return or report, to keep records, or to pay any tax;
      4. engaging in fraud, deceit, misrepresentation, or conduct prejudicial to public confidence;
      5. insufficiency of the number of tickets sold by the sales agent; and
      6. a material change, since issuance of the license, with respect to any of the matters required to be considered by the Commission under paragraph G.3 of this article.
   2. Any suspension or revocation of a state license shall automatically result in suspension of the Tri-State license.
9. Inapplicability of other statutes.
   1. No law providing for any penalty or disability for the sale of lottery tickets or any acts done in connection with a lottery shall apply to the sale of tickets or acts performed pursuant to this Compact.
   2. The provisions of this Compact shall apply and take precedence in the event of any conflict between the provisions contained in this Compact and the provisions of other laws of any of the party states.
10. Sale of tickets prohibited.
    1. No ticket shall be sold at a price greater than those fixed by the Commission; nor shall a sale be made by any person other than a licensed sales agent. Any person who violates any of these provisions shall be subject to the sanctions of each respective party state's lottery statutes.
    2. No ticket shall be sold to any person under the age of 18 years, but this shall not be deemed to prohibit the purchase of a ticket for the purpose of making a gift by a person 18 years of age or older to a person less than that age. Any licensee or the employee or agent of any licensee who sells or offers to sell a ticket to any person under the age of 18 shall be subject to the sanctions of each respective party state's lottery statutes.
    3. No ticket shall be sold to and no prize shall be paid to any of the following persons:
       1. any member, officer, or employee of the Commission; or
       2. any spouse, child, brother, sister, or parent residing as a member of the same household in the principal place of abode of any of the foregoing persons.
11. Collection and disposition of revenue.
    1. All monies received by any and all Tri-State Lotto sales agents from the sales of Tri-State Lotto tickets, less the amount, if any, retained pursuant to paragraph E.1.h of this article shall be delivered weekly to the commission of the party state in which the sales were made.
    2. Within one week after a Tri-State Lotto drawing has been held, the party state commission shall pay to the Commission, who in turn shall promptly pay to an account known as the Tri-State Lotto Prize Account, monies as are necessary for the payment of prizes, less actual prizes paid by the respective party state in the preceding week, but not to exceed 50 percent of the total amount for which tickets have been sold.
    3. Interest earned by the Tri-State Lotto Prize Account shall accrue to the party states in direct proportion to their contribution to the account. Distribution shall be made at least semi-annually.
    4. The withdrawals, pursuant to paragraph L of this article, of monies from the Tri-State Lotto Prize Account deposited by the Commission shall be subject to a check signed by a member of the Commission or such officer, employee, or agent of the Commission as the Commission may designate. The monies in the Prize Payment Account shall be paid out of the account on vouchers certified or approved by the Commission or its designated officer, agent, or employee.
    5. The Commission shall receive from party states, within one week after a Tri-State Lotto drawing, an additional sum of monies not to exceed 15 percent of the total amount for which tickets have been sold. The monies shall be deposited in a bank, banking house, or trust company selected by the Commission in an account to be named the Tri-State Lotto Operations Account. The Operations Account shall be used to pay Tri-State Lotto current operating costs which shall be charged proportionally to the party states. If operating costs exceed or fall short of the amount obtained in the account, appropriate adjustments shall be made on a quarterly basis within 30 days of the end of each quarter.
    6. Interest earned by the Tri-State Lotto Operations Account shall accrue to the party states in direct proportion to their contribution to the account. Distribution shall be made at least semi-annually.
12. Distribution of prizes.
    1. All prizes over 5,000 dollars shall be awarded to holders of winning tickets as provided in this section. Within one week after any drawing or selection of prize-winning tickets, the Commission shall deliver to each of the party states a certified list of the tickets to which prizes are awarded and the amount of each prize. Upon delivery of the certified list and voucher of the Commission, monies sufficient for the payment of the prizes may be withdrawn from the Prize Account established in paragraph K.2 of this article. The Commission shall each month provide each party state with a record of all withdrawals. Payment of prizes shall be made by the Commission or its designee to holders of the tickets to which prizes are awarded. The right of any person to a prize drawn shall not be assignable, except that payment of any prize drawn may be paid to another person as provided in this section.

       1A. Payment of a prize may be made to a person other than the winner as follows:

       1. To the estate of a deceased prizewinner upon receipt by the Commission of a certified court order appointing an executor or administrator.
       2. To any person pursuant to a certified final order of a court of competent jurisdiction, including orders pertaining to claims of ownership in the prize, division of marital property in divorce actions, bankruptcy, child support, appointment of a guardian or conservator, and distribution of an estate.
       3. To any person, including a trustee, pursuant to a certified final order of a court of competent jurisdiction of a party state approving the voluntary assignment of the right to a prize, provided the court affirmatively finds all of the following:
       1. That the assignor and the assignee are not represented by the same counsel.
       2. That the assignment is in writing and represents the entire agreement between the parties.
       3. That the assignment agreement contains the following provisions:
          1. The assignor's name, Social Security number or tax identification number, and address.
          2. The assignee's name, Social Security number or tax identification number, citizenship or resident alien number, if applicable, and address.
          3. The specific prize payment or payments assigned, or any portion thereof, including:
             1. The payable due dates and amounts of each payment to be assigned.
             2. The gross amount of the annual payment or payments to be assigned before taxes.
          4. A notice of right to cancel in immediate proximity to the space reserved for the signature of the assignor in boldface type of a minimum size of 10 points which shall provide that:
             1. The assignor may cancel the assignment without cost until midnight 15 business days after the day on which the assignor has signed an agreement to assign a prize or portion of a prize.
             2. Cancellation occurs when notice of cancellation is given to the assignee.
             3. Notice is sufficient if it indicates the intention of the assignor not to be bound.
             4. Notice of cancellation, if given by mail, shall be deemed given when deposited in a mailbox properly addressed and first class mail postage prepaid. Failure to provide the notice of right to cancel as provided in this subdivision shall render the assignment agreement unenforceable and the assignor may collect reasonable attorney's fees in any action to enforce such agreement.
       4. That prior to execution of the assignment agreement, the assignee has provided to the assignor in writing, on a disclosure form separate and apart from the agreement, the following:
          1. the aggregate dollar value of payments assigned;
          2. the total consideration paid to the assignor by the assignee;
          3. an itemization of all other fees or costs to be paid by the assignor, or deducted from the payment to the assignor.
       5. That the assignor has represented to the court in sworn testimony, if a personal appearance is required by the court, or in the assignor's written affidavit, sworn to under penalty of perjury, that:
          1. Prior to signing the assignment agreement, the assignor reviewed the agreement and understood its terms and effects.
          2. The assignor has consulted with independent financial and tax advisors not referred by or associated with the assignee.
          3. The assignor has signed the assignment agreement acting under free will without undue influence or duress.
          4. The assignor is not under any obligation to pay child support, or is under such obligation and is in good standing with respect to that obligation or has agreed to a payment plan with the party state agency responsible for child support and is in full compliance with that plan.
          5. The assigned payment or payments are not subject to any claims, liens, levies, security interests, assignments, or offsets asserted by other persons or the party states or has provided the court with written consent of each person having such an interest.
       6. If the assignor is married, the assignor has submitted to the court a signed and notarized statement of the spouse consenting to the assignment. If a notarized statement is not presented to the court, the court shall determine the ability of the assignor to make the proposed assignment without the spouse's consent.

          1B. a. A winner may pledge all or any part of a prize as collateral for a loan. Notwithstanding any provision of Article 9 of the Uniform Commercial Code to the contrary, perfection of a security interest in a prize shall be completed by filing, in addition to any other filings which may be required, a financing statement with the Commission.

          b. In order to be entitled to receive a prize payment or payments from the Commission, a secured party shall be required to obtain a certified final order of a court of competent jurisdiction which:

          (1) Adjudges the prize winner in default of a loan agreement with the secured party.

          (2) Makes findings with respect to the loan agreements and financing statements constituting the loan transaction which are equivalent to those required pursuant to subdivisions 1A.c.(1)-(3) of this paragraph and, in addition, a finding that truth-in-lending disclosures set forth in 12 C.F.R. §§ 226.17, 226.18, 226.19, and 226.20 were made.

          (3) Identifies specific payments and awards ownership of said payments to the secured party.

          c. Nothing in this paragraph shall be construed to:

          (1) Create or enlarge a cause of action in favor of a secured party.

          (2) Alter or impair any rule of law applicable to or governing the rights of a debtor under federal or state lending statutes.

          (3) Alter or impair the provisions of Article 9 of the Uniform Commercial Code except to the extent inconsistent with the provisions of this paragraph.

          1C. The Commission may intervene as of right in any action pursuant to subsection 1A.c or paragraph 1B of this section, but shall not be deemed an indispensable or necessary party.

          1D. A certified copy of the final order required by subsection 1A.b of this section, a certified copy of the final order and the assignor's affidavit required by subsection 1A.c of this section, and a certified copy of the final order required by paragraph 1B of this section shall be served on the Commission together with a nonrefundable processing fee of $500.00 within 15 days after entry of the order.

          1E. The Commission may file a request to modify or vacate a final order pursuant to subsection 1A.c or paragraph 1B of this section within l5 days after service of the order on the Commission.

          1F. Commencing on the 30th day after full compliance with paragraph 1D of this section, or after final determination of any motion filed to vacate or modify a final order entered pursuant to paragraph 1E of this section, the Commission shall be obligated to make payments, subject to tax withholding, in accordance with said order.

          1G. No modification or amendment to an order pursuant to subsections 1A.b or c or paragraph 1B of this section and no additional or subsequent assignment of a prize, shall be valid or binding on the Commission unless the modification, amendment, or assignment is approved by a separate court order which meets the requirements of this section.

          1H. The Commission, its officers, agents, and employees shall be discharged of all further liability upon payment of a prize pursuant to this section.

          1I. The financial, tax, trust, or personal records filed, received, maintained, or produced by the Commission in connection with payment of a prize as provided in this section are confidential. Such records shall not be deemed public records under 1 V.S.A. § 317 . Upon written request, the Commission may release the name, town of residence, date of prize, and the gross and net amounts of the annual prize payment of a winner. Financing statements filed with the Commission are public records.

          1J. The Tri-State Lotto Compact recognizes that each party state has enacted laws authorizing a party state agency to collect child support debts and arrearages. Upon receipt of notice from a party state agency, the Commission shall suspend payment of winnings in the amount of the child support debt or arrearage and notify the winner. Child support debts and arrearages of a winner shall be offset by the Commission in the manner in which the state Lottery Commission of a party state is required by law to offset such debts and arrearages.

    2. If the person entitled to a prize on any winning ticket is under the age of 18 years, and the prize is less than 5,000 dollars, the Commission may make payment by delivery to an adult member of the minor's family or a guardian of the minor of a check or draft payable to the order of the minor. If the person entitled to a prize on any winning ticket is under the age of 18 years and if the prize is 5,000 dollars or more, the Commission may make payment to the minor by depositing the amount of the prize in any bank to the credit of an adult member of the minor's family or a guardian of the minor as custodian for the minor. The Commission shall be discharged of all further liability upon payment of a prize to a minor pursuant to this subdivision.
    3. Prizes may be paid in such manner as the Commission may direct in its rules and regulations as long as the rules and regulations are not inconsistent with this Compact.
13. Unclaimed prize money.  Unclaimed prize money for the prize on a winning ticket shall be retained by the Commission for payment to the person entitled for one year after the drawing in which the prize was won. If no claim is made for the prize within one year from the date of the drawing, the prize money shall be credited to the prize pool. Upon the expiration of one year from the drawing date, the ticket holder shall forfeit any claim or entitlement to the prize monies.
14. Duration of Commission and Tri-State Lotto.  The Commission and Tri-State Lotto shall continue in existence until this Compact is revoked by all of the party states. The withdrawal of one party state shall not render the compact invalid between the remaining states.
15. Interpretation.  This Compact shall be construed liberally to accomplish its purposes.
16. Amendments.  Amendments and supplements to this Compact may be adopted by concurrent legislation of the party states.
17. Immunity and limitation of liability.  The Vermont Board of Liquor and Lottery shall be immune from:
    1. any claim based upon an act or omission of an employee exercising due care, in the execution of a statute or regulation, whether or not the statute or regulation is valid, or based upon the exercise or performance or failure to exercise or perform a discretionary function or duty on the part of the employee whether or not the discretion involved is abused;
    2. any claim arising in respect to the assessment or collection of any fee or commission or the levy upon or detention of any goods or merchandise by a law enforcement officer;
    3. any claim for damages caused by the fiscal operations of the department;
    4. any claim arising out of alleged assault, battery, false imprisonment, false arrest, malicious prosecution, abuse of process, libel, slander, misrepresentation, deceit, fraud, interference with contractual rights, or invasion of the right to privacy; or
    5. any other claim for which a remedy is provided or which is governed specifically by other statutory enactment.
18. Fiscal year.  The fiscal year of the Tri-State Lotto Commission shall be from July 1 of one calendar year to June 30 of the succeeding calendar year.
19. [Repealed.]

    Added 1985, No. 28 , § 2; amended 1995, No. 156 (Adj. Sess.), §§ 1, 2, eff. June 1, 1996; 2003, No. 152 (Adj. Sess.), § 13, eff. Jan. 1, 2005; 2018, No. 1 (Sp. Sess.), § 105; 2019, No. 14 , § 71, eff. April 30, 2019.

§ 675. Criminal provisions - Article III.

1. No person shall sell a ticket or share in a ticket at a price greater than that fixed by the Commission. No person other than a lottery agent shall sell lottery tickets. Nothing in this section shall be construed to prevent any individual purchaser from giving lottery tickets or shares to another as a gift. Any person convicted of violating this article shall be punished by imprisonment for six months and a fine of $1,000.00.
2. Any person who falsely or fraudulently makes, forges, alters, or counterfeits or causes or procures to be made, forged, altered, or counterfeited, any Vermont State Lottery ticket or Commission ticket as any party thereof, or any person who knowingly and willfully utters, publishes, passes, or tenders as true, any forged, altered, or counterfeited Vermont Lottery tickets or Commission lottery tickets shall be punished by imprisonment for six months and a fine of $5,000.00.
3. Any subsequent offense shall be punished by imprisonment for two years and $20,000.00 fine for each offense.

   Added 1985, No. 28 , § 2; amended 2017, No. 113 (Adj. Sess.), § 183.

§ 676. Reducing or expanding Compact.

This Compact may be reduced or expanded among the New England states as to the number of member states, with the consent of the individual states' commissions.

Added 1985, No. 28 , § 2.

§ 677. Allocation of profits.

The profits received by the State of Vermont through the sale of the Tri-State Lotto tickets shall be deposited in the Education Fund established by 16 V.S.A. § 4025 and used solely for the purposes of State and local funding of public education.

Added 1985, No. 28 , § 2; amended 1997, No. 60 , § 87, eff. July 1, 1998.

§ 678. Effective date - Article IV.

This Compact shall become effective when bills of the Maine and the New Hampshire general assemblies which incorporate the Compact become law in Maine and New Hampshire.

Added 1985, No. 28 , § 2.

Cross References

Cross references. Maine statutes relating to the Tri-State Lotto Compact, see 8 M.R.S.A. § 401 et seq.

New Hampshire statutes relating to the Tri-State Lotto Compact, see RSA 287-F.

§ 701. Declaration of policy.

It shall be the policy of the State of Vermont to prevent unnecessary hazards in the operation of ski tows, lifts, and tramways, to ensure that reasonable design and construction are used, that accepted safety devices are provided for and that periodic inspections and adjustments are made, all for the purpose of making safe the operation of ski tows, ski lifts, and passenger tramways.

Added 1961, No. 266 , § 1, eff. Aug. 1, 1961.

§ 702. Definition of terms.

The following terms shall be construed as follows:

1. "A passenger tramway" is a device used to transport passengers uphill on skis, or in cars on tracks or suspended in the air, by the use of steel cables, chains, or belts or by ropes and usually supported by trestles or towers with one or more spans. The term passenger tramway shall include the following:
   1. "Two-car passenger tramway," a device used to transport passengers in two open or enclosed cars attached to, and suspended from, a moving wire rope, or attached to a moving wire rope and supported on a standing wire rope, or similar devices.
   2. "Multi-car passenger tramway," a device used to transport passengers in several open or enclosed cars attached to, and suspended from, a moving wire rope, or attached to a moving wire rope and supported on a standing wire rope, or similar devices.
   3. "Skimobile," a device in which a passenger car running on steel or wooden tracks is attached to and pulled by a steel cable, or similar devices.
   4. "Chair lift," a type of transportation on which passengers are carried on chairs suspended in the air and attached to a moving cable, chain, or link belt supported by trestles or towers with one or more spans, or similar devices. A chair lift may be a "fixed grip lift" or a "detachable grip lift."
   5. "Surface lift," a type of transportation which pulls skiers riding on skis by means of an attachment to a main overhead cable supported by trestles or towers with one or more spans. Surface lifts include so-called T bars, J bars, poma lifts, platter pulls, and similar type devices.
   6. "Rope tow," a type of transportation which pulls the skiers riding on skis as the skier grasps the rope manually, or similar devices.
   7. "Detachable grip lift," an aerial lift on which carriers alternately attach to and detach from a moving haul rope. The tramway system may be mono-cable or bi-cable.
   8. "Fixed grip lift," an aerial lift on which carriers remain attached to a haul rope. The tramway system may be either continuous or intermittent circulating and either mono-cable or bi-cable.
   9. "Base rate," a rate which is determined annually by the passenger tramway board and which rate when multiplied by the formulae in section 707 of this title will result in the "fee-due-State."
2. "Industry" shall mean the activities of all those persons in the State who own or control the operation of passenger tramways.
3. "Operator" is a person who owns or controls the operation of a passenger tramway.  The word "operator" shall include the State or any political subdivision.
4. "Board" shall mean the Passenger Tramway Board.
5. "Department" shall mean the Department of Labor.
6. "Lineal footage" is one-half of the total length of the cable or rope as determined when the tramway is installed.

   Added 1961, No. 266 , § 2, eff. Aug. 1, 1961; amended 1981, No. 36 , §§ 1, 5; 1991, No. 206 (Adj. Sess.), §§ 1, 2; 2005, No. 103 (Adj. Sess.), § 3, eff. April 5, 2006.

§ 703. Passenger Tramway Board.

There is hereby created the Passenger Tramway Board within the Department of Labor which shall consist of the Commissioner of Labor, ex officio, who shall serve as chair, and four appointive members. The appointive members of said Board shall be appointed by the Governor. Two of the appointive members who are first appointed shall be designated to serve terms of two years and two of the appointive members shall be designated to serve terms of four years, but thereafter appointive members shall be appointed for terms of four years except that all vacancies shall be filled for the unexpired term. An appointive member shall hold office until his successor has been appointed and has qualified. Two appointive members shall be engaged in the industry and two shall be representatives of the public at large. Appointive members of the Board shall receive as compensation the sum of $15.00 per diem for their services and their necessary expenses when in the performance of their duties.

Added 1961, No. 266 , § 3, eff. Aug. 1, 1961; amended 1963, No. 108 , § 1, eff. May 28, 1963; 1963, No. 193 , § 37, eff. June 28, 1963; 2005, No. 103 (Adj. Sess.), § 3, eff. April 5, 2006.

§ 704. Rules.

The Board may, in accordance with 3 V.S.A. chapter 25, adopt reasonable rules relating to public safety in the construction, operation, maintenance, and inspection of passenger tramways. The rules authorized hereunder shall conform as nearly as practicable to established standards, if any, and shall not be discriminatory in their application to operators of passenger tramways. Rules adopted by the Board shall in no way reduce or diminish the standard of care imposed upon passenger tramway operators under existing law.

Added 1961, No. 266 , § 4, eff. Aug. 1, 1961; amended 1981, No. 36 , § 2.

§ 705. Enforcement, certificate.

The Department shall enforce the rules adopted by the Board and inspect the construction, operation, and maintenance of passenger tramways to determine whether the rules adopted by the Board have been complied with by the operators. Certification of compliance by a qualified inspector who has been approved by the Department may be accepted by the Department instead of other inspection. In any legal proceedings, a certificate of compliance issued pursuant to this section shall be competent evidence only for the purpose of establishing the fact of issuance of said certificate and for no other purpose.

Added 1961, No. 266 , § 5, eff. Aug. 1, 1961; amended 1963, No. 108 , § 2, eff. May 28, 1963.

§ 706. Operators to pay cost of inspection.

The expenses of the Department in connection with making the inspections under section 705 of this title shall be paid in the first instance by the Department. In the event that contractors are used by the Department for specialized engineering consultation, such as structural, electrical, mechanical, or failure analysis, the cost shall be reimbursed to the Department by the affected area tramway operators. The reimbursement shall be credited to the special fund created under this chapter.

Added 1961, No. 266 , § 6, eff. Aug. 1, 1961; amended 1981, No. 36 , § 3; 2013, No. 191 (Adj. Sess.), § 8.

§ 707. Registration and fees.

1. A passenger tramway shall not be operated in this State unless the operator thereof has been registered by the Department. On or before the first day of November in each year, every operator of a passenger tramway shall apply to the Department on forms prepared by it for registration hereunder. The application shall contain such information as the Department may require and shall be accompanied by a registration fee, according to the formula stated in this section, unless an alternate payment plan is approved by the Commissioner pursuant to subsection (f) of this section. The Department shall assess total registration fees in the sum of the amount approved in the appropriations process for the program for that fiscal year, adjusted by any balance in the Passenger Tramway Special Fund from the prior fiscal year.
2. Each operator shall pay a proportionate share of the total registration fees as determined by the total lineal feet of each type of tramway operated as follows:
   1. the operator's total lineal footage of multi-car passenger tramways times the product of the base rate times 150 percent;
   2. the operator's total lineal footage of detachable grip chair lifts times the product of the base rate times 125 percent;
   3. the operator's total lineal footage of fixed grip chair lifts times the base rate;
   4. the operator's total lineal footage of surface lifts and rope tows times the product of the base rate times 50 percent;
   5. all tramways being registered for the first time shall pay a sum equal to five times the registration fee required to be paid for similar type tramways that have previously been registered;
   6. all major modifications of existing passenger tramways where the Department has determined that a 50 percent alteration or upgrade of structural, mechanical, or electrical systems has occurred or where the Department has determined that a full load test of the lift is required, shall pay a fee according to the following schedule:
      1. drive terminal, tension terminal, or mid-station terminal M-modification (50 percent or more) shall pay an equivalent annual registration fee times two;
      2. any two of the above M-modifications (50 percent or more) shall pay an equivalent annual registration fee times three;
      3. any three of the above M-modifications (50 percent or more) shall pay an equivalent annual registration fee times four;
      4. towers, structures, and foundation M-modification (50 percent or more) not including any of the M-modifications listed in subdivision (b)(6)(A) of this section shall pay an equivalent annual registration fee times two;
      5. any combination of the above in aggregate shall never exceed five times the registration fee required for first-time registration;
   7. any passenger tramway that operates for more than five days singly or in aggregate, between the periods of June 1 through October 30, shall pay an annual registration fee equal to that of a similar type tramway plus 25 percent.
3. For purposes of computing the base rate, "lineal footage" means the total lineal footage of each type of tramway registered during the previous operating year.
4. [Repealed.]
5. 1. All fees collected under this section shall be credited to a special fund for the Department to be expended for carrying out its duties under this chapter and may also be expended as provided pursuant to subdivision (2) of this subsection. (e) (1)  All fees collected under this section shall be credited to a special fund for the Department to be expended for carrying out its duties under this chapter and may also be expended as provided pursuant to subdivision (2) of this subsection.
   2. The Passenger Tramway Board may expend amounts that it determines to be appropriate from the special fund established pursuant to subdivision (1) of this subsection for the purpose of contributing to ski lift mechanic education, job training, and apprenticeship programs.
6. The Commissioner has discretion to authorize a tramway operator to enter a payment plan to pay some or all of the fee-due-State after November 1 upon a showing of financial need. The authorization and terms of any payment plan shall be in writing and set a date or dates for payment, provided that the total amount of the fee-due-State shall be paid no later than January 15. Failure to pay on November 1 or pursuant to an authorized plan may subject the operator to the penalties established in section 712 of this title.

   Added 1961, No. 266 , § 7, eff. Aug. 1, 1961; amended 1965, No. 183 ; 1969, No. 46 ; 1971, No. 227 (Adj. Sess.), §§ 1-3, eff. April 5, 1972; 1975, No. 254 (Adj. Sess.), § 162(h); 1977, No. 119 (Adj. Sess.), § 3, eff. Feb. 7, 1978; 1981, No. 36 , § 4; 1985, No. 26 ; 1985, No. 74 , § 304; 1989, No. 210 (Adj. Sess.), § 288; 1991, No. 206 (Adj. Sess.), §§ 3, 4; 1995, No. 186 (Adj. Sess.), § 4, eff. May 22, 1996; 1999, No. 49 , § 149; 2013, No. 101 (Adj. Sess.), § 1; 2015, No. 97 (Adj. Sess.), § 63; 2019, No. 80 , § 18.

§ 708. Orders.

If, after investigation, the Department finds that a violation of any of the rules exists, or that there is a condition in passenger tramway construction, operation, or maintenance endangering the safety of the public, it shall forthwith issue its written order setting forth its findings, the corrective action to be taken, and fixing a reasonable time for compliance therewith. The order shall be served upon the operator involved by registered mail and shall become final unless the operator applies to the Board for a hearing in the manner provided in section 709 of this title.

Added 1961, No. 266 , § 8, eff. Aug. 1, 1961.

§ 708a. Emergency orders.

Whenever the condition is deemed to be imminently hazardous, involving the safety of passengers, the Department's representative shall be authorized to order the operator in writing to immediately suspend operation of the tramway, until such time as the hazardous condition has been remedied.

Added 1971, No. 227 (Adj. Sess.), § 4, eff. April 5, 1972.

§ 709. Hearing.

Any operator who is aggrieved by Department order may, within ten days after service thereof upon him or her, apply to the Board for a review of the order. The Board shall hold a hearing thereon at the earliest convenient day. At the hearing, the operator shall have a right to a full hearing, including the right to be heard personally and by counsel, to cross-examine witnesses, and to produce evidence in his or her own behalf. After the hearing, the Board shall report its findings, in writing, and make such order as the facts may require.

Added 1961, No. 266 , § 9, eff. Aug. 1, 1961.

§ 710. Appeal.

Any operator who is aggrieved by any order of the Department following the hearing provided in section 709 of this title may, within 30 days after entry thereof, appeal to the Superior Court for the county in which the passenger tramway is located. An appeal shall not suspend the operation of the order made by the Board, but the Superior Court may suspend the order of the Board pending determination of the appeal whenever, in the opinion of the court, justice may require its suspension. The Superior Court shall hear the appeal and make such decree as justice may require.

Added 1961, No. 266 , § 10, eff. Aug. 1, 1961; amended 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974.

§ 711. Suspension.

If any operator fails to comply with a lawful order issued under sections 708 and 709 of this title, the Department may order the operator to cease operations for such time as it considers necessary for the protection of the safety of the public.

Added 1961, No. 266 , § 11, eff. Aug. 1, 1961.

§ 712. Penalties.

1. Operating without passing inspection.  Any operator who operates a passenger tramway without first passing the annual inspection by the Department shall be fined not more than $1,000.00 for each day of operation.
2. Operating without paying fee-due-State.  Any operator who operates a passenger tramway without paying the fee-due-State as provided in section 707 of this title shall be fined not more than $50.00 for each day of operation.
3. Operating after an order to cease.  Any person who operates a passenger tramway after being ordered to cease operations shall be fined not more than $5,000.00 for each day of illegal operation.

   Added 1961, No. 266 , § 12, eff. Aug. 1, 1961; amended 2013, No. 101 (Adj. Sess.), § 2; 2015, No. 97 (Adj. Sess.), § 64.

§ 721. Definitions.

As used in this chapter:

1. "Amusement ride" means a mechanical device that carries or conveys passengers along, around, or over a fixed or restricted route or course for the purpose of giving the passengers amusement, pleasure, thrills, or excitement. For the purposes of this chapter, amusement ride shall not include bungee jumping, zip lines, or waterslides or obstacle, challenge, or adventure courses.
2. "Operator" or "owner" means a person who owns or controls or has the duty to control the operation of amusement rides.
3. [Repealed.]

   Added 1995, No. 117 (Adj. Sess.), § 1; amended 2017, No. 186 (Adj. Sess.), § 2, eff. July 1, 2019.

§ 722. Certificate of operation.

1. An amusement ride may not be operated in this State unless the Secretary of State has issued a certificate of operation to the owner or operator within the preceding 12 months.
2. An application for a certificate of operation shall be submitted to the Secretary of State not fewer than 30 business days before an amusement ride is operated in this State.
3. The Secretary of State shall issue a certificate of operation not fewer than 15 business days before the amusement ride is operated in the State, if the owner or operator submits the following:
   1. certificate of insurance in the amount of not less than $1,000,000.00 that insures both the owner and the operator against liability for injury to persons and property arising out of the use or operation of the amusement ride;
   2. payment of a fee in the amount of $100.00;
   3. proof or a statement of compliance with the requirements of 21 V.S.A. chapter 9.
4. The certificate of operation shall be valid for one year from the date of issue and shall be in a manner and format to be prescribed by the Secretary of State. A certificate of operation shall identify the ride's:
   1. name and model;
   2. serial number;
   3. passenger capacity; and
   4. recommended maximum speed.
5. A copy of the certificate of operation shall be kept at the office of the amusement ride operator.
6. The Secretary of State shall:
   1. determine the manner and format of the certificate of operation, any forms to be used to apply for the certificate of operation, the adhesive sticker that shall be affixed to the ride pursuant to subdivision 723a(b)(2) of this title, and the certification to be filed pursuant to subdivision 723a(b)(3) of this title;
   2. make any forms and certifications available on the Secretary of State's website and shall provide adhesive stickers to inspectors;
   3. allow an owner or operator to apply for certificates of operation for multiple rides at one time, using one form;
   4. charge one fee for the filing of each application form, regardless of the number of rides listed on the application.

      Added 1995, No. 117 (Adj. Sess.), § 1; amended 2017, No. 186 (Adj. Sess.), § 3, eff. July 1, 2019.

§ 723. Operator and patron responsibilities.

1. An operator of an amusement ride shall:
   1. be at least 18 years of age;
   2. operate only one amusement ride at a time;
   3. be in attendance at all times that the ride is operating; and
   4. operate the ride in accordance with the ride manufacturer's specifications.
2. An operator of an amusement ride may deny any person entrance to an amusement ride if the operator believes that entrance by that person may jeopardize the safety of the person or other persons.
3. A patron shall:
   1. understand that there are risks in riding an amusement ride;
   2. exercise good judgment and act in a responsible and safe manner while riding an amusement ride; and
   3. obey all signage that is reasonably written and posted and all directions from ride operators and owners that are given in a clear and understandable manner.

      Added 1995, No. 117 (Adj. Sess.), § 1; amended 2017, No. 186 (Adj. Sess.), § 5, eff. July 1, 2019.

§ 723a. Safety inspections.

1. A amusement ride shall not be operated in this State unless:
   1. The ride has been inspected in the State within the preceding 12 months by a person who is:
      1. certified:
         1. by the National Association of Amusement Ride Safety Officials as a Level II Inspector; or
         2. by the Amusement Industry Manufacturers and Suppliers International at a level that is equivalent to the certification pursuant to subdivision (i) of this subdivision (1)(A); and
      2. insured, including for liability; and
      3. not the owner or operator of the ride or an employee or agent of the owner or operator.
   2. The inspection complied with the American Society for Testing and Materials (ASTM) current standard F770 concerning the practices for ownership, operation, maintenance, and inspection of amusement rides and devices.
   3. A valid certificate of operation has been issued for the ride pursuant to section 722 of this title.
2. After a ride has been inspected pursuant to subsection (a) of this section:
   1. The owner or operator shall submit the certificate or other record of inspection to the Secretary of State within 15 business days following the date of inspection.
   2. An adhesive sticker, in a format to be determined by the Secretary of State, shall be affixed to the ride that indicates:
      1. the date and location the inspection was completed; and
      2. the name of the inspector.
   3. The owner or operator shall submit a certification, in a format to be determined by the Secretary of State, to the organization hosting a fair, field day, or other event or location, at which the owner or operator intends to operate a ride, stating that the ride has been inspected pursuant to subsection (a) of this section and stickers have been affixed pursuant to this subsection prior to the ride being used to carry or convey passengers.
3. A ride shall be inspected for safety by the owner or operator:
   1. after the ride has been set up but before being used to carry or convey passengers; and
   2. every day thereafter that the ride is used to carry or convey passengers.
4. The owner or operator of an amusement ride shall:
   1. keep records of all safety inspections;
   2. make those records available to the Secretary of State or the Office of the Attorney General promptly upon request;
   3. keep a paper or electronic copy of all required forms or certifications, and of all safety inspections conducted by the owner or operator during the preceding 12 months for each ride:
      1. on or near that ride; or
      2. at the office of the amusement ride operator; and
   4. operate, maintain, and inspect all rides in compliance with ASTM current standards for ownership, operation, maintenance, and inspection of amusement rides and devices.

      Added 2017, No. 186 (Adj. Sess.), § 4, eff. July 1, 2019.

§ 724. Penalty.

An operator or owner who violates any provision of this chapter shall be fined no more than $500.00 per day for each day the violation continues.

Added 1995, No. 117 (Adj. Sess.), § 1.

§§ 801-813. Repealed. 1983, No. 212 (Adj. Sess.), § 7.

§ 1001. Definitions.

For the purpose of this chapter:

1. "Commissioner" means the Commissioner of Disabilities, Aging, and Independent Living established by 3 V.S.A. § 3085a .
2. "Passport" means a "Green Mountain Passport" as provided by section 1002 of this title.
3. "State-sponsored public event" means all events, exhibits, concerts, or museums fully supported by State funds to which the public is invited and all State parks, historical sites, and State lands normally open to the public.  Overnight camping is excluded subject to regulations granted by the Department of Forests, Parks and Recreation.
4. "Medical statistics" means information as to whether the passport holder has any chronic ailment or requires special medication.

   Added 1973, No. 82 ; amended 1989, No. 219 (Adj. Sess.), § 9(a), (c); 2005, No. 174 (Adj. Sess.), § 60.

§ 1002. Green Mountain Passport; eligibility.

1. Any person is eligible to obtain a Green Mountain Passport who:
   1. is:
      1. at least 62 years of age; or
      2. a veteran of the uniformed services; and
   2. is a resident of the State.
2. A Green Mountain Passport application shall be issued by the clerk of any town to a resident of that town who swears under oath that he or she meets the eligibility criteria established pursuant to subsection (a) of this section. A fee of $2.00 will be charged at the time of application and shall be retained by the town issuing the passport. The town clerk shall issue the actual passport. Records shall be maintained as prescribed by law. Statistical information shall be furnished to the Commissioner upon request.
3. Forms for the issuance of passports shall be prepared by the Commissioner and provided in sufficient number by him or her to the clerk of each town.

   Added 1973, No. 82 ; amended 1975, No. 174 (Adj. Sess.), § 1; 1977, No. 163 (Adj. Sess.); 1981, No. 29 ; 1983, No. 67 ; 1989, No. 219 (Adj. Sess.), § 9(a), (c); 1993, No. 149 (Adj. Sess.), § 1; 2013, No. 53 , § 2, eff. May 29, 2013.

§ 1003. Passport privileges.

1. Upon the exhibit of a Green Mountain Passport, the bearer shall be entitled to free admission to any fully State-sponsored public event and to any benefits offered by private entities pursuant to section 1004 of this title.
2. Upon the exhibit of the Green Mountain Passport, the bearer shall be entitled to one day's admission to any fair, field days, or exposition that is either fully or partially supported by State grants or stipends, and that operates for more than one day.  The management of such fair, field days, or exposition shall publicize the day on which the passports will be honored at least one week prior to the beginning of such an event.

   Added 1973, No. 82 ; amended 1975, No. 174 (Adj. Sess.), § 2.

§ 1004. Private cooperation.

The Secretary of Human Services may instruct the Commissioner to prepare a decal containing a suitable symbol and make them available to private businesses cooperating in the passport program for display at each such business establishment.

Added 1973, No. 82 ; amended 1989, No. 219 (Adj. Sess.), § 9(c); 1993, No. 149 (Adj. Sess.), § 2.

§ 1005. Misuse of passport; forgery; penalty.

A person who makes any false statement on an application for a passport or who possesses or uses a passport issued to another or falsely makes, alters, forges, or counterfeits a passport shall be fined not more than $500.00 or imprisoned for not more than six months or both.

Added 1973, No. 82 .

§§ 1101-1113. Redesignated. 2021, No. 69, § 16(b).

§ 1201. Definitions.

As used in this chapter:

1. "Break-open ticket" means a lottery utilizing a card or ticket of the so-called pickle card, jar ticket, or break-open variety commonly bearing the name "Lucky 7," "Nevada Club," "Victory Bar," "Texas Poker," "Triple Bingo," or any other name.
2. "Commissioner" means the Commissioner of Liquor and Lottery.
3. 1. "Distributor" means a person that purchases break-open tickets from a manufacturer and sells or distributes break-open tickets at wholesale in Vermont. "Distributor" shall include any officer, employee, or agent of a corporation or dissolved corporation that has a duty to act for the corporation in complying with the requirements of this chapter. (3) (A) "Distributor" means a person that purchases break-open tickets from a manufacturer and sells or distributes break-open tickets at wholesale in Vermont. "Distributor" shall include any officer, employee, or agent of a corporation or dissolved corporation that has a duty to act for the corporation in complying with the requirements of this chapter.
   2. "Distributor" shall not include a person who distributes only jar tickets that are used only for merchandise prizes.
4. "Manufacturer" means a person that designs, assembles, fabricates, produces, constructs, or otherwise prepares a break-open ticket for sale to a distributor.
5. "Nonprofit organization" means a nonprofit corporation that is qualified for tax exempt status under I.R.C. § 501(c), as amended, and that has engaged, in good faith, in charitable, religious, educational, or civic activities in Vermont on a regular basis during the preceding year. "Nonprofit organization" also includes churches, schools, fire departments, municipalities, fraternal organizations, and organizations that operate agricultural fairs or field days, and that have engaged, in good faith, in charitable, religious, educational, or civic activities in Vermont on a regular basis during the preceding year. An organization shall be considered a nonprofit organization under this subdivision only if it certifies annually, on a form with whatever information is required by the Commissioner, how it meets the definition under this subdivision.

   Added 2017, No. 73 , § 13, eff. Sept. 1, 2017; amended 2019, No. 73 , § 37.

§ 1202. License required.

1. Manufacture.  Break-open tickets sold in Vermont shall be manufactured only by a person licensed by the Commissioner. A licensed manufacturer shall sell break-open tickets only to distributors licensed under this chapter. A distributor licensed under this chapter shall purchase break-open tickets only from a manufacturer licensed under this chapter.
2. Distribution.  A distributor who sells or distributes break-open tickets for resale in Vermont shall be licensed by the Commissioner and shall also be:
   1. a natural person who is a resident of Vermont;
   2. a partnership in which the majority of partners are residents of Vermont;
   3. a corporation incorporated under the laws of Vermont, provided that a majority of the ownership interest is held by residents of Vermont; or
   4. a person who is not a resident of Vermont and whose state of residence allows residents or corporations of Vermont to distribute break-open tickets in that state under similar terms and conditions as provided under this chapter.

      Added 2017, No. 73 , § 13, eff. Sept. 1, 2017.

§ 1203. Distribution; retail purchase and sale.

1. Only nonprofit organizations may purchase break-open tickets from a distributor licensed under this chapter.
2. 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.
3. 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.
4. Only nonprofit organizations may sell break-open tickets at retail.
5. 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:
      1. actual cost of the break-open tickets;
      2. the prizes awarded;
      3. reasonable legal fees necessary to organize the nonprofit organization and to ensure compliance with all legal requirements; and
      4. reasonable accounting fees necessary to account for the proceeds from the sale of break-open tickets.
6. 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.
7. 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.

§ 1204. License requirements; fees.

1. Upon application and payment of the fee, the Commissioner may issue the following licenses to qualified applicants:
   1. Manufacturer annual license: $3,000.00.
   2. Distributor annual license: $2,000.00.
2. A license shall not be granted to an individual who has been convicted of a felony within five years of the license application nor to an entity in which any partner, officer, or director has been convicted of a felony within five years of the application.
3. Licenses issued under this section may be renewed annually on October 1, upon reapplication and payment of the licensing fee.
4. All fees collected pursuant to this section shall be deposited into the Liquor Control Enterprise Fund.

   Added 2017, No. 73 , § 13, eff. Sept. 1, 2017.

§ 1205. Records; report.

1. Each distributor and manufacturer licensed under this chapter shall maintain records and books relating to the distribution and sale of break-open tickets and to any other expenditure required by the Commissioner. A licensee shall make its records and books available to the Commissioner for auditing.
2. Each licensed distributor shall file with the Commissioner, on the same schedule as the distributor files sales tax returns, the following information for the preceding reporting period:
   1. the names of organizations to which boxes of break-open tickets were sold;
   2. the number of boxes of break-open tickets sold to each organization; and
   3. the ticket denomination and serial numbers of tickets for each box.
3. Records and reports filed under this section shall be designated confidential unless, under State or federal law or regulation, the record or information may be disclosed to specifically designated persons.
4. Notwithstanding subsection (c) of this section, the Commissioner of Liquor and Lottery shall provide the records and reports filed under this section to the Attorney General, upon request.

   Added 2017, No. 73 , § 13, eff. Sept. 1, 2017; amended 2019, No. 73 , § 39.

§ 1206. Enforcement.

1. Any person who intentionally violates section 1203 of this chapter shall be fined not more than $500.00.
2. Any person who intentionally violates section 1202, 1204, or 1205 of this chapter shall be fined not more than $10,000.00 for the first offense and fined not more than $20,000.00 or imprisoned not more than one year, or both, for each subsequent offense.
3. In addition to the criminal penalties provided under subsections (a) and (b) of this section, any person who violates a provision of this chapter shall be subject to one or more of the following penalties:
   1. Revocation or suspension by the Commissioner of a license granted pursuant to this chapter.
   2. Confiscation of break-open tickets or confiscation of the revenues derived from the sale of those tickets, or both.

      Added 2017, No. 73 , § 13, eff. Sept. 1, 2017.

§ 1207. Appeals.

Any licensee aggrieved by an action taken under subsection 1206(c) of this chapter and any person aggrieved by the Commissioner's refusal to issue or renew a license under this chapter may appeal in writing to the Commissioner for review of such action. The Commissioner shall thereafter grant a hearing subject to the provisions of 3 V.S.A. chapter 25 upon the matter and notify the aggrieved person in writing of his or her determination. The Commissioner's determination may be appealed within 30 days to the Washington Superior Court or the Superior Court of the county in which the taxpayer resides or has a place of business.

Added 2017, No. 73 , § 13, eff. Sept. 1, 2017.

§ 1208. Rulemaking.

The Department of Liquor and Lottery may regulate the licensing and reporting requirements of manufacturers and distributors of break-open tickets under this chapter. The Commissioner of Liquor and Lottery may adopt rules for licensure and indicia for boxes of break-open tickets, for record keeping relating to the distribution and sale of break-open tickets, and for the remittance of net proceeds from sales of break-open tickets to the intended eligible charitable recipients. The rules shall permit no proceeds to be retained by the operators of for-profit bars, except for:

1. the actual cost of the break-open tickets;
2. the prizes awarded; and
3. any sales tax due on the sale of break-open tickets under 32 V.S.A. chapter 233.

   Added 2017, No. 73 , § 13, eff. Sept. 1, 2017; amended 2019, No. 73 , § 40.