OAR 177-040-0049
Video Lottery Terminal Management During State of Emergency
(1)
Consistent with the Lottery retailer contract obligation to comply with applicable laws, Video Lottery retailers must comply with COVID-19 restrictions during any state of emergency declared by the Governor related to COVID-19, and continuing for 60 days after the termination of the state of emergency unless this rule is suspended by the Director.(a)
The Lottery will notify Video Lottery retailers of any COVID-19 restrictions related to the placement, operation, and maintenance of Video Lottery terminals, including, but not limited to, requirements related to physical distance or separation between Video Lottery Terminals and patrons, recommended protocols for cleaning or sanitizing Video Lottery terminals or other Lottery equipment, or limitations on access to or hours of operation of the Video Lottery terminals.(b)
The Lottery will work with Video Lottery retailers to place, operate, and maintain Video Lottery terminals in a manner that complies with COVID-19 restrictions. Subject to Lottery personnel availability and re-enabling prioritization determinations described in this rule, the Lottery will review requests and, if approved, schedule resources to move Video Lottery terminals. Per paragraph (2)(b)(B) of this rule, the Lottery may determine that some Video Lottery terminals must remain disabled to maintain required physical distance between operating machines and players.(c)
For purposes of this rule, the term “COVID-19 restrictions” means any statutes, rules (including this rule), directives, orders, or guidance related to Executive Order 20-07, Executive Order 20-12, the state of emergency declared March 8, 2020, and subsequent extensions, and any new orders that are intended to protect and maintain public health in relation to the COVID-19 virus and that are applicable to Lottery retailers and the operation of Video Lottery terminals or offering of Video Lottery games.(2)
Requirements to re-enable Video Lottery terminal operation in a retailer.(a)
The Lottery may re-enable Video Lottery terminals placed in a retailer’s premises only when the premises is located in a county approved by the Governor to enter a reopening phase and the Lottery is satisfied that Video Lottery terminals are placed and will be operated and maintained consistent with COVID-19 restrictions that are in effect.(A)
Video Lottery retailers must provide information requested by the Lottery related to the placement, operation, and maintenance of Video Lottery terminals and the general operation of retailer’s business and premises, including a physical description or pictures of the premises that may include, but is not limited to, square footage and occupancy limits, as requested by the Lottery.(B)
Prior to enabling any Video Lottery terminals located in a retailer’s premises, and ongoing thereafter if needed to confirm compliance with COVID-19 restrictions, the Lottery may conduct an on-site examination of the premises.(b)
All determinations made relating to the re-enabling of Video Lottery terminals shall be made by the Lottery in its sole discretion. These determinations may include, but are not limited to, the timing and location of which retailers to re-enable and which specific Video Lottery terminals at a retail location to re-enable.(A)
In prioritizing among retailers, the Lottery may consider a variety of factors including, but not limited to, revenue potential, geographic location, the retailer’s willingness or ability to comply with COVID-19 restrictions, and staffing, logistical, and technical limitations and considerations.(B)
The Lottery may determine that some Video Lottery terminals must remain disabled to maintain required physical distance between operating machines and players.(3)
Grounds for disabling Video Lottery terminals. The Lottery may disable Video Lottery terminals located on a retailer’s premises for any of the following reasons:(a)
The Lottery needs to disable Video Lottery terminals to align with COVID-19 restrictions, such as, but not limited to, new or revised restrictions on on-premise consumption of food or drinks.(b)
The Lottery has reason to believe the retailer is not willing or able to operate Video Lottery terminals in a manner consistent with the COVID-19 restrictions then in effect.(c)
The retailer is unable or unwilling to provide information requested by the Lottery under this rule or pursuant to the retailer contract.
Source:
Rule 177-040-0049 — Video Lottery Terminal Management During State of Emergency, https://secure.sos.state.or.us/oard/view.action?ruleNumber=177-040-0049.