Section 1605. Lottery sales agents

a. The division may license as agents to
  sell  lottery  tickets  such  persons  as in its opinion will best serve
  public convenience, except that no license shall be issued to any person
  to engage in business exclusively as a lottery sales agent.
    b. For purposes of this article the term "person" shall  be  construed
  to  mean  and  include  an  individual,  partnership,  limited liability
  company, 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.
    c. The division may, upon  application  approved  by  a  local  school
  district board or by the governing board of a non-public school, license
  as  agents  persons to sell lottery tickets for one lottery drawing with
  the compensation to be paid to the designated local school  district  or
  non-public  school,  provided  however, that in no event may either such
  person be licensed, or any such  local  school  district  or  non-public
  school  receive  the  compensation from such a special license more than
  once in any calendar year.
    d. Before  issuing  a  license  to  any  person,  the  division  shall
  consider, with respect to such person:
    1.  Financial  responsibility and security of the business or activity
  in which such 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 place of business or activity is  predominantly  frequented
  by persons under the age of eighteen years.
    5. Volumes of expected sales.
    e.  The  division  is  hereby authorized to obtain criminal background
  information on any applicant for, or holder of, a  lottery  sales  agent
  license  for  the  purpose  of  determining  whether a license should be
  granted, suspended, or revoked. The sources of such information  include
  the  license  applicant  or  holder,  the  division  of criminal justice
  services, and any licensing agency  which  is  currently  considering  a
  licensing application or which has been granted a presently-held license
  to the same license applicant or holder. The division shall require each
  license  applicant to submit identifying information which shall include
  fingerprints unless they are already on file with the division or  other
  state   agencies.  The  fingerprints  so  obtained  shall  be  forthwith
  forwarded, and the  applicable  fee  transmitted,  to  the  division  of
  criminal  justice  services  or  any  other  state or federal government
  agency having facilities for checking fingerprints for  the  purpose  of
  determining  whether  or  not  criminal  charges are pending against the
  applicant or whether or not the applicant had previously been  convicted
  of  a  crime,  and  such  agency shall promptly report a finding of such
  pending charges and previous convictions, if any,  to  the  division  in
  writing  or  by  electronic means or any other method agreed upon by the
  division and such agency. In its discretion, the division may decline to
  act on any application pending the disposition of  any  pending  charges
  against  the  applicant. The division may, after providing notice and an
  opportunity for a hearing pursuant to the state administrative procedure
  act, deny a license to any person found to have committed a felony under
  the laws of the United States or under the laws of the state of New York
  or any other state or foreign jurisdiction  or  any  crime  relating  to
  gaming  activities or that is otherwise found to have engaged in conduct
  which would be prejudicial to public confidence in  the  state  lottery.

  Notwithstanding the provisions of article six of the public officers law
  or  any other law to the contrary, the division may withhold from public
  disclosure  any  criminal  history  information  except  that   criminal
  convictions may not be withheld under this provision.
    f.  No  employee  of  a  lottery  sales  agent  shall be required as a
  condition of employment to sell lottery tickets if his or her  religious
  beliefs militate against such activity.
    g.  Notwithstanding  any  other  provision  of  this  section  to  the
  contrary, in considering the issuance of a license to a benevolent order
  or any other  association,  organization  or  club  that  is  distinctly
  private  in  its nature under section forty of the civil rights law, the
  division is not required to consider paragraph two of subdivision  d  of
  this  section.    In conducting activities pursuant to the license, such
  benevolent order, association, organization or club  shall  comply  with
  section  forty-c of the civil rights law to the extent that such section
  applies.