(a) Prohibition of discrimination. No lottery retailer shall discriminate against any individual on the basis of disability in the full and equal enjoyment of lottery related goods, services, facilities, privileges, advantages, or accommodations of any lottery licensed facility.     
      (b) Integrated accessibility. A lottery licensed facility shall afford lottery related goods, services, facilities, privileges, advantages, and accommodations to any individual with a disability in the most integrated setting appropriate to the needs of the individual.     
      (c) Lottery licensed facility located in private residences.      
        (1) When an applicant/lottery retailer is located in a private residence, the portion of the residence used exclusively as a residence is not covered by this subchapter, but that portion used exclusively in the operation of the lottery licensed facility or that portion used both for the lottery licensed facility and for residential purposes is covered by this subchapter.       
        (2) The portion of the residence covered under paragraph (1) of this subsection extends to those elements used to enter the lottery licensed facility, including the homeowner's front sidewalk, if any, the door or entryway, and hallways; and those portions of the residence, interior or exterior, available to or used by customers or clients, including restrooms.       
      (d) The agency shall determine compliance with the Americans with Disabilities Act (ADA), including any amendments thereto, using certification provided by the applicant on the current license application.     
     Source Note:        The provisions of this §401.402 adopted to be effective April 18, 1994, 19 TexReg 2276; amended to be effective January 28, 2010, 35 TexReg 477