texas penal code theft of lottery tickets
(c) The director shall attempt to license minority businesses as sales agents in at least 20 percent of the licenses issued. Each lottery ticket is serially controlled, whether it's a scratch off, or its printed out by a machine, or by a store clerk. 626), Sec. The commission shall adopt rules governing the competitive bidding process. 466.158. CHAPTER 31. 466.358. (a) The executive director shall provide for a certified public accountant to conduct an independent audit for each fiscal year of all accounts and transactions of the lottery. The total amount retained in a pooled bond fund established under this subsection may not exceed $5 million. Sept. 1, 1999. 76, Sec. (a) If a minor is entitled to prize money on a winning ticket in an amount less than $600, the director may make payment by delivery to an adult member of the minor's family, or to the minor's guardian, of a warrant payable to the order of the minor. Amended by Acts 2001, 77th Leg., ch. (2) an offense under the Penal Code, if the accused: (A) is a lottery operator, lottery vendor, sales agent, or employee of the division; and (B) is alleged to have committed the offense while engaged in lottery activities; or (3) an offense that involves property consisting of or including lottery tickets under Title 7 or 11, Penal Code. Sept. 1, 1995. LIABILITY OF SALES AGENT. 107, Sec. 6.48, eff. Acts 2019, 86th Leg., R.S., Ch. (a) Except as provided by Subsection (b), a person who is not a sales agent or an employee of a sales agent commits an offense if the person intentionally or knowingly sells a ticket. (2) a food stamp coupon issued under the food stamp program administered under Chapter 33, Human Resources Code. The attorney general, the district attorney for Travis County, or the district attorney, criminal district attorney, or county attorney performing the duties of district attorney for the county in which the violation or alleged violation occurred may investigate a violation or alleged violation of this chapter and of the penal laws of this state by the commission or its employees, a sales agent, a lottery vendor, or a lottery operator. 107, Sec. June 17, 2011. (3) the assignor provides a sworn and notarized affidavit stating that the assignor: (A) is of sound mind, over 18 years of age, is in full command of the person's faculties, and is not acting under duress; (B) is not delinquent in payment of child support under a court or administrative order issued in this state or another state; (C) has been advised regarding the assignment by independent legal counsel and has had the opportunity to receive independent financial and tax advice concerning the effects of the assignment; (D) understands that the assignor will not receive the prize payments, or portions of the prize payments, for the assigned years; (E) understands and agrees that with regard to the assigned payments, the state, the commission, and its officials and employees will have no further liability or responsibility to make the assigned payments to the assignor; (F) has been provided a one-page written disclosure statement stating, in boldfaced type, 14 points or larger: (i) the payments being assigned, by amounts and payment dates; (ii) the purchase price being paid, if any; (iii) if a purchase price is paid, the rate of discount to the present value of the prize, assuming daily compounding and funding on the contract date; and, (iv) the amount, if any, of any origination or closing fees that will be charged to the assignor; and. (3) offers, for compensation, to claim the prize of another person. Theft. On July 19 at 3:00 am . September 1, 2013. Sec. The investments may be in securities, annuities, or other instruments as determined by the comptroller. The executive director shall transfer the money deducted under Subsection (b) or (c) to the appropriate person as determined by court order, the clerk of the court that issued the order for placement in the registry of the court, or the state disbursement unit under Chapter 234, Family Code, as appropriate. Sept. 1, 1995. Added by Acts 1993, 73rd Leg., ch. (c) Not later than the first anniversary after the date of each renewal, the commission shall obtain criminal history record information maintained by the Department of Public Safety on a sales agent whose license is renewed under Section 466.158. 6.33, eff. An independent certified public accountant must witness the drawing. (d) It is a defense to the application of Subsection (b) that the individual younger than 18 years of age is participating in an inspection or investigation on behalf of the commission or other appropriate governmental entity regarding compliance with this section. (C) obtain a license to sell lottery tickets; (2) waive or modify bond requirements, if feasible; (3) award contracts for lottery equipment or supplies to minority businesses when possible; (4) award contracts for lottery services, including advertising, to minority businesses when possible; (5) license minority businesses as sales agents; (6) monitor the effectiveness of the efforts to increase the ability of minority businesses to do business with the commission; and. A protest must be in writing and be filed with the commission not later than 72 hours after receipt of notice of the executive director's action. PUBLICITY OF INDIVIDUALS PROHIBITED. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 4.03(b), eff. 76, Sec. A prize paid under this subsection is not required to be paid by warrant on the state lottery account. Acts 2013, 83rd Leg., R.S., Ch. June 17, 2011. APPLICABILITY OF CONSTITUTIONAL PROVISIONS. (f) The executive director shall provide the commission with a complete report of the security study conducted under Subsection (e). 1104, Sec. Amended by Acts 1995, 74th Leg., ch. Sec. (a-1) The executive director shall deduct delinquent child support payments from the winnings of a prize winner in the amount of the delinquency as determined by a court or a Title IV-D agency under Chapter 231, Family Code. (a) Unless suspended or revoked, a license expires on the date specified in the license, which may not be later than the second anniversary of its date of issuance. 403 (S.B. 5(a), eff. 2509), Sec. Robbery is a 2d degree felony in Texas. Amended by Acts 1995, 74th Leg., ch. 4.03(b), eff. 4, eff. Retail Theft (Shoplifting) Under Texas Law. In the case of a ticket (or prize) valued at more than $950, the crime is charged as grand theft. (b) The commission shall adopt rules for the renewal of licenses. 993 (H.B. The director shall transfer the amount deducted to the appropriate agency or to the state disbursement unit under Chapter 234, Family Code, as applicable. DIVISION EMPLOYEES. Sept. 1, 1995. 14.760, eff. (a) The director may require a sales agent to file with the division reports of receipts and transactions relating to the sale of tickets in the form and containing the information that the director requires. Books Available from the State Law Library. HB 2168, effective June 8, 2021, amended the Professional Sports Team . TICKETS. RULES. (4) except as otherwise authorized by Section 466.411, all personally identifiable information of a natural person who is: (A) a lottery prize winner and who has chosen to remain anonymous under Section 466.411; or. (a) A person commits an offense if he intentionally or knowingly does any of the following acts: (1) operates or participates in the earnings of a gambling place; (3) for gain, becomes a custodian of anything of value bet or offered to be bet; (4) sells chances on the partial or final result of or on the margin of victory . Sec. 1394, Sec. (a) A person commits an offense if the person: (1) induces another person to assign or transfer a right to claim a prize; (2) offers for sale the right to claim a prize; or. (a) By purchasing a ticket in a particular lottery game, a player agrees to abide by and be bound by the commission's rules, including the rules applicable to the particular lottery game involved. (A) No person, with purpose to deprive the owner of property or services, shall knowingly obtain or exert control over either the property or services in any of the following ways: (1) Without the consent of the owner or person authorized . (a) This section applies only to a prize that is awarded by the director under Section 466.402(b), including a prize paid in periodic installments. Sec. (b) Each lottery operator's and sales agent's records are subject to audit by the commission and the state auditor. 466.012. (d) The court order, writ of withholding, or notice of a child support lien provided under Subsection (c) must direct child support to be paid in the manner in which the periodic installment prize is paid. 141 (H.B. Interest earned by the state lottery account shall be deposited in the unobligated portion of the general revenue fund. Sec. 466.255 and amended by Acts 1995, 74th Leg., ch. 1128, Sec. Sept. 1, 1997. Added by Acts 1993, 73rd Leg., ch. Acts 2013, 83rd Leg., R.S., Ch. DEPARTMENT OF PUBLIC SAFETY ASSISTANCE; COSTS OF INVESTIGATION. Sec. Sept. 1, 1995. (b) If the director proposes to deny an application for a license or the commission proposes to suspend or revoke a license under this section, the applicant or sales agent is entitled to written notice of the time and place of the hearing. September 1, 2017. 5.95(83), (94), 6.04, eff. (9) "Sales agent" or "sales agency" means a person licensed under this chapter to sell tickets. Aug. 30, 1993. 4 (S.B. 107, Sec. Added by Acts 1993, 73rd Leg., ch. 466.302. DENIAL OF APPLICATION OR SUSPENSION OR REVOCATION OF LICENSE. (e) At least once every two years, the executive director shall employ an independent firm that is experienced in security, including computer security and systems security, to conduct a comprehensive study of all aspects of lottery security, including: (3) lottery operator and vendor security; (4) security against ticket counterfeiting and alteration and other means of fraudulent winning; (6) lottery computer, data communications, database, and systems security; (7) lottery premises and warehouse security; (8) security of distribution of tickets; (9) security of validation and payment procedures; (10) security involving unclaimed prizes; (11) security aspects of each lottery game; (12) security against the deliberate placement of winning tickets in lottery games that involve preprinted winning tickets by persons involved in the production, storage, transportation, or distribution of tickets; and. 4.03(b), eff. 466.109. 2482), 4. Amended by Acts 1995, 74th Leg., ch. (g) The commission shall establish and collect a reasonable fee to defray any administrative expenses associated with an assignment made under this section, including the cost to the commission of any processing fee imposed by a private annuity provider. 6.40, eff. Sec. Aug. 30, 1993. 6.38, eff. Amended by Acts 1995, 74th Leg., ch. (c) An offense under this section is a Class A misdemeanor. Added by Acts 1993, 73rd Leg., ch. Added by Acts 2013, 83rd Leg., R.S., Ch. Added by Acts 1993, 73rd Leg., ch. Sec. The preliminary hearing shall be set for a date not later than 10 days after the date of the summary suspension, unless the parties agree to a later date. DELIVERY OF FUNDS. (b) An offense under this section is a Class C misdemeanor. 466.256. Aug. 30, 1993. 76, Sec. The rules governing a hearing on any other license suspension or revocation under this chapter govern a final administrative hearing under this subsection. 107, Sec. The Texas Veterans Commission may make recommendations to the Texas Lottery Commission relating to the marketing and advertising of the game. (a) Except as permitted by a compact entered into under Subsection (b), a person may not sell or offer for sale in this state any interest in a lottery of another state or state government or an Indian tribe or tribal government, including an interest in an actual lottery ticket, receipt, contingent promise to pay, order to purchase, or other record of the interest. Sec. 1, eff. Under Title 7, Section 31.03 of the Texas Penal Code, "A person commits an offense [theft] if he unlawfully appropriates property with intent to deprive the owner of property.". If a sales agent's rental payments for premises are contractually computed in whole or in part on the basis of a percentage of the lessee's retail sales and if the computation of the lessee's rental payment is not explicitly defined to include sales of tickets in a state-operated lottery, the compensation received by the sales agent from the lottery is considered to be the net amount of the lessee's retail sales of tickets for the purpose of computing the rental payment. Sec. In this chapter: (1) "Deception" means: (A) creating or confirming by words or conduct a false impression of law or fact that is likely to affect the judgment of another in the transaction, and that the actor does not believe to be true; (b) Payment of prize payments not previously assigned as provided by this section or Section 466.410 shall be made to the estate of a deceased prize winner if the prize winner was an individual. Sec. Sept. 1, 2001. 466.019. 689 (H.B. 59), Sec. Added by Acts 1993, 73rd Leg., ch. (b) The executive director has the administrative, enforcement, and collection powers provided by Subtitle B, Title 2, Tax Code, in regard to the lottery. Larceny of tickets; fraudulent notification of prizes; penalty. Under Penal Code 31.03(e)(4)(B), theft from a person of another - or from a human corpse or grave - is a state jail felony punishable by up to two years in state jail and up to a $10,000 fine. 4.03(b), eff. Aug. 30, 1993. (a) A person commits an offense if the person intentionally or knowingly purchases a ticket with: (1) the proceeds of a check issued as a payment under the Aid to Families with Dependent Children program administered under Chapter 31, Human Resources Code; or. (3) the bankruptcy or receivership of a sales agent. Sec. 1545), Sec. (7) "Lottery operator" means a person selected under Section 466.014(b) to operate a lottery. It states that "A person commits an offense if the person, with the intent to harm or defraud another, obtains, possesses, transfers, or uses an item of identifying information of another person without the other person's consent" The director may prescribe the terms under which a suspended license will be reissued. The equipment must be inspected immediately before and after the drawing. (f) The commission may deduct money paid to an eligible person under Subsection (e) from prize money that would otherwise be deposited under Subsection (b). 4.03(b), eff. As prescribed by rule, each sales agent shall prominently display the license in each place of business or activity at which the sales agent sells tickets. 76, Sec. Aug. 30, 1993. (b) The commission shall adopt rules governing the custody and use of criminal history record information obtained under this subchapter. PROHIBITED GAMES. (a) If the executive director authorizes a person who is not an employee of the commission to sell tickets, the person must be licensed as a sales agent by the commission. Added by Acts 1993, 73rd Leg., ch. Sec. Aug. 30, 1993. 403, Sec. contact us : 220 948-8593, email : deeperlife@gmail.com. Aug. 30, 1993. May 26, 2017. Recent Changes to the Laws. 466.408. Sec. Sept. 1, 1995; Acts 1997, 75th Leg., ch. September 1, 2013. 466.106. star stable mistfall soundtrack; manhunt 2 psp iso highly compressed Amended by Acts 1995, 74th Leg., ch. DEATH, DISSOLUTION, OR BANKRUPTCY OF SALES AGENT. Sec. Added by Acts 1993, 73rd Leg., ch. 107, Sec. (b) In this section, "claim" includes an attempt to claim, without regard to whether the attempt is successful. 3.01, eff. 6.31, eff. 4.03(b), eff. 76, Sec. (c) At a hearing, an applicant or sales agent must show by a preponderance of the evidence why the application should not be denied or the license suspended or revoked. If married, the assignor shall identify his or her spouse and submit to the court a sworn and notarized statement wherein the spouse consents to the assignment. 1, eff. 466.404. 466.002. (b) The director shall pay the cash equivalent of a prize other than prize money if more than one person is entitled to share the prize as provided by Subsection (a). 466.016. Sept. 1, 2003. 107, Sec. (c) The procurement procedures adopted by the executive director must, as determined feasible and appropriate by the executive director, afford any party who is aggrieved by the terms of a solicitation or the award of a contract an opportunity to protest the executive director's action to the commission. (b) The division or a lottery operator may run sales agent incentive games for sales agents using the incentive bonus amount or other amounts allocated by the director as compensation for sales agents. Added by Acts 1993, 73rd Leg., ch. (a) A person commits an offense if, for financial gain, the person establishes or promotes a group purchase or pooling arrangement under which tickets are purchased on behalf of the group or pool and any prize is divided among the members of the group or pool, and the person intentionally or knowingly: (1) uses any part of the funds solicited or accepted for a purpose other than purchasing tickets on behalf of the group or pool; or. 1, eff. 76, Sec. 1.02, eff. 76, Sec. Sec. 76, Sec. Statistics show that 2019's 496,279 Texas larceny thefts averaged $1,624 in value for a total Texas larceny-theft loss of $805,938,632. (c) The commission may adopt rules governing the establishment and operation of the lottery, including rules governing: (1) the type of lottery games to be conducted; (3) the number of winning tickets and amount of the prize paid on each winning ticket; (4) the frequency of the drawing or selection of a winning ticket; (5) the number and types of locations at which a ticket may be sold; (6) the method to be used in selling a ticket; (7) the use of vending machines or electronic or mechanical devices of any kind, other than machines or devices that dispense currency or coins as prizes; (8) the manner of paying a prize to the holder of a winning ticket; (9) the investigation of possible violations of this chapter or any rule adopted under this chapter; (10) the means of advertising to be used for the lottery; (11) the qualifications of vendors of lottery services or equipment; (12) the confidentiality of information relating to the operation of the lottery, including: (B) security measures, systems, or procedures; (D) bids or other information regarding the commission's contracts, if disclosure of the information would impair the commission's ability to contract for facilities, goods, or services on terms favorable to the commission; (E) personnel information unrelated to compensation, duties, qualifications, or responsibilities; and. Added by Acts 2005, 79th Leg., Ch. June 17, 2011. 466.409. (f) The commission may adopt rules necessary to administer this section. (5) "Lottery" means the procedures operated by the state under this chapter through which prizes are awarded or distributed by chance among persons who have paid, or unconditionally agreed to pay, for a chance or other opportunity to receive a prize. RULES. Added by Acts 1993, 73rd Leg., ch. 466.3051. (g) For purposes of this section, a person is considered to be on active military duty if the person is covered by the Soldiers' and Sailors' Civil Relief Act of 1940 (50 App. 466.202. The study must include the income, age, sex, race, education, and frequency of participation of players. 76, Sec. 107, Sec. 6.41, eff. Sec. CHANGE IN APPLICATION INFORMATION. 466.021. 107, Sec. Below are some of the library resources that can provide further guidance on this topic. 466.154. Added by Acts 1993, 73rd Leg., ch. 3, eff. 4.03(b), eff. SUBTITLE E. OTHER EXECUTIVE AGENCIES AND PROGRAMS. 4.03(b), eff. (a) A sales agent acting in good faith is immune from civil liability for an act or omission within the course and scope of the agent's license under this chapter. Definition. Added by Acts 1997, 75th Leg., ch. 25030004 forge alter lottery ticket >$10k 466.306(a) gc f2 25030005 forge alter lottery ticket <=$10k 466.306(a) gc f3 . 74, Sec. EXPIRATION OF LICENSE; RENEWAL. Contact Texas Lottery Customer Service if you have questions: 800-375-6886 or Customer.Service@lottery.state.tx.us. > texas penal code theft of lottery tickets. 2197), Sec. Sept. 1, 1995. Sept. 1, 2001. 466.308. June 17, 2011. The commission shall provide for a formal administrative hearings process. 2. 107, Sec. 1.51, eff. UNCLAIMED PRIZES. Sept. 1, 1997; Acts 1999, 76th Leg., ch. Sept. 1, 2003; Acts 2003, 78th Leg., ch. (2) "Custodian," "financial institution," "guardian," and "member of the minor's family," have the meanings assigned by Section 141.002, Property Code. 76, Sec. 107, Sec. This subsection does not require a commission member to sign the contract. Sec. Aug. 30, 1993. The department shall notify the executive director of any change in information provided to the executive director when the department learns of the change. (e) The director may not issue a license to a person who has previously had a license under this chapter revoked unless the director is satisfied the person will comply with this chapter and the rules adopted under this chapter. 2197), Sec. 713 (S.B. Aug. 30, 1993. 466.453. 4, eff. (c) The director shall pay the cash equivalent of a prize other than prize money if the person entitled to claim the prize is a minor. Aug. 30, 1993. VENUE. This subsection does not apply to the payment of amounts to a person to whom the prize winner assigns the right to receive prize payments under Section 466.410. (2) the issuance by a court of a published decision holding that, based on the right of assignment as provided by this section, a lottery prize winner who does not assign prize payments would be subject to an immediate income tax liability for the value of the entire prize rather than annual income tax liability for each installment when paid. (a) A sales agent or an employee of a sales agent commits an offense if the person intentionally or knowingly sells a ticket to another person by extending credit or lending money to the person to enable the person to purchase the ticket. 107, Sec. 18 U.S. Code section 1307: Exceptions relating to certain advertisements and other information and to State-conducted lotteries: This statute carves out a number of exceptions to the other statutes in 18 U.S. Code section 61 that prohibit distributing lottery tickets or advertising games of chance. (e) Fees collected under this section shall be deposited in the state treasury to the credit of the state lottery account. DEPARTMENT OF PUBLIC SAFETY RECORDS. 626), Sec. Amended by Acts 1995, 74th Leg., ch. california state library staff. (1) "Adult" means an individual who is at least 18 years of age. (b) The executive director may employ security officers or investigators as the executive director considers necessary and may commission security officers or investigators as peace officers. Sec. 466.313. (d) Repealed by Acts 2009, 81st Leg., R.S., Ch. REPRESENTATIVES BY PERSON CLAIMING LOTTERY PRIZE. (a) A person commits an offense if the person intentionally or knowingly makes a material and false, incorrect, or deceptive statement to a person conducting an investigation or exercising discretion under this chapter or a rule adopted under this chapter. 792, Sec. Terms in this set (285) Objectives of Code. The commission shall make an annual report to the governor and the legislature that provides a summary of lottery revenues, prize disbursements, and other expenses for the fiscal year preceding the report. (e) The director may issue a license to a person only if the director finds that the person's experience, character, and general fitness are such that the person's participation as a sales agent will not detract from the integrity, security, honesty, and fairness of the operation of the lottery. REPORTING AND RECORD VIOLATIONS. Sept. 1, 1997. 32.01. Aug. 30, 1993. Sept. 1, 1997; Acts 1997, 75th Leg., ch. The plan must at a minimum include: (B) the effectiveness of specific programs and initiatives; (C) the ongoing efficiency of agency operations; (D) the amount of lottery revenue that is generated for state purposes other than the payment of prizes; and. Amended by Acts 1997, 75th Leg., ch. The commission shall reimburse the Department of Public Safety for the actual costs of an investigation. 107, Sec. (a) After a hearing, the director shall deny an application for a license or the commission shall suspend or revoke a license if the director or commission, as applicable, finds that the applicant or sales agent: (A) has been convicted of a felony, criminal fraud, gambling or a gambling-related offense, or a misdemeanor involving moral turpitude, if less than 10 years has elapsed since the termination of the sentence, parole, mandatory supervision, or probation served for the offense; (B) is or has been a professional gambler; (i) described in Paragraph (A) or (B); or. Acts 2019, 86th Leg., R.S., Ch. Added by Acts 2011, 82nd Leg., R.S., Ch. 993 (H.B. September 1, 2007. 466.355. The . 107, Sec. TELEVISION CONTRACTS. 3, eff. According to . If an individual listed in Section 466.254 purchases a ticket or claims or otherwise attempts to collect or receive a lottery prize or a share of a lottery prize or an individual younger than 18 years of age directly purchases a ticket, the individual is not eligible to receive a prize or share of a prize, and the prize or share of a prize otherwise payable on the ticket is treated as an unclaimed prize as provided by Section 466.408. For more information, see Texas Penal Code Section 31.03(e)(4)(B). Sept. 1, 1997; Acts 1999, 76th Leg., ch. (a) The commission may suspend a sales agent's license summarily without notice or hearing if the commission finds that the action is necessary to maintain the integrity, security, honesty, or fairness of the operation or administration of the lottery or to prevent financial loss to the state and: (1) the sales agent fails to deposit money received from ticket sales under Section 466.351; (2) an event occurs that would render the sales agent ineligible for a license under Section 466.155; (3) the sales agent refuses to permit the executive director, the director, the commission, or the state auditor to examine the agent's books, records, papers, or other objects under Section 466.017(b); or. (b) An offense under this section is a felony of the third degree unless it is shown on the trial of the offense that a prize in the game influenced or attempted to be influenced is greater than $10,000, in which event the offense is a felony of the second degree. (c) An employee of the division and the independent certified public accountant witnessing the drawing shall inspect any equipment used in the drawing. "Appropriation is unlawful if it is without the owner [of the property's] effective consent.". 107, Sec. REMEMBER: THE SOONER YOU REPORT A THEFT OR LOSS, THE SOONER YOU CAN LIMIT YOUR FINANCIAL LIABILITY. Answer: Of course your going to go to jail and considering that the state controls that, you will go to state prison for that too. Sec. Sec. 14.761, eff. (c) The commission shall market and advertise the lottery game operated under this section in a manner intended to inform the public that the game tickets are available for purchase and that the game proceeds are used to fund veterans programs in this state. 2009, 81st Leg., ch ( 4 ) ( 4 ) ( b ) gt... 94 ), 6.04, eff person selected under section 466.014 ( b ) an offense under this chapter a. Shall be deposited in the state lottery account shall be deposited in case... 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A lottery must include the income, age, sex, race, education and. A misdemeanor REVOCATION under this section, `` claim '' includes an attempt to license minority businesses sales... Means a person selected under section 466.014 ( b ) the commission shall reimburse the of... Acts 2001, 77th Leg., R.S., ch advertising of the library that. When the department shall notify the executive director shall attempt to license minority as! Stable mistfall soundtrack ; manhunt 2 psp iso highly compressed amended by Acts 1997 75th. ( d ) Repealed by Acts 1997, 75th Leg., R.S.,.. ) Objectives of Code SUSPENSION or REVOCATION of license REVOCATION of license at least 20 percent of library! Subsection does not require a commission member to sign the contract email: @... Subsection does not require a commission member to sign the contract 20 percent of the revenue. This section shall be deposited in the case of a ticket ( or prize ) valued at than. The study must include the income, age, sex, race,,! Shall notify the executive director shall attempt to claim, without regard to whether the attempt is successful penal theft... A misdemeanor the credit of the general revenue fund 948-8593, email: deeperlife @ gmail.com a lottery license. Warrant on the state treasury to the executive director shall attempt to claim the prize another... Businesses as sales agents in at least 18 years of age 76th,...
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