Here in Massachusetts, the state’s lottery director is authorized to “license as agents to sell lottery tickets such persons as in his opinion will best serve the public convenience.”
Additionally, the director “may refuse to issue a license to any person who has been convicted of a felony . . . and who, in the opinion of [the] director, is not of good moral character to act as a licensed agent to sell lottery tickets.”
The director used this authority to deny the reinstatement of a vendor’s license after the vendor was accused–but later acquitted–of rape.
At the license hearing, the hearing officer concluded:
Rape is an abhorrent crime that demonstrates a deficient moral character. Awarding a sales agent license to an individual of deficient moral character does not serve the Lottery, the public, or the Commonwealth.
The vendor appealed the decision.
Today the Supreme Judicial Court issued a slip opinion upholding the decision.
According to the SJC,
We conclude that the statute and regulations provide the commission the discretion to deny a license to sell lottery tickets based on deficient moral character, even if the applicant has been acquitted of the crime upon which the finding of deficient moral character is based. The statute provides the commission significant discretionary authority to issue licenses that, in the director’s opinion, best serve the public convenience.
The full text of the slip opinion is attached below.