1. For the purposes of this chapter, except as otherwise provided in subsection 3, the computation of gross revenue must include the face value of any credit instrument accepted on or after July 1, 1981, if, within 5 years after the last day of the month following the month in which the instrument was accepted by the licensee, the Board determines that: (a) The instrument was not signed by the patron or otherwise acknowledged by the patron in a written form satisfactory to the Board; (b) The licensee did not have an address for the patron at the time of accepting the instrument, or, in lieu of that address, has not provided the Board, within a reasonable time after its request, the current address of the patron to whom the credit was extended; (c) The licensee has not provided the Board any evidence that the licensee made a reasonable effort to collect the debt; (d) The licensee has not provided the Board any evidence that the licensee checked the credit history of the patron before extending the credit to the patron; (e) The licensee has not produced the instrument within a reasonable time after a request by the Board for the instrument unless it: (1) Is in the possession of a court, governmental agency or financial institution; (2) Has been returned to the patron upon the patrons partial payment of the instrument; (3) Has been stolen and the licensee has made a written report of the theft to the appropriate law enforcement agency; or (4) Cannot be produced because of any other circumstance which is beyond the licensees control; (f) The signature of the patron on the instrument was forged and the licensee has not made a written report of the forgery to the appropriate law enforcement agency; or (g) Upon an audit by the Board, the licensee requested the auditors not to confirm the unpaid balance of the debt with the patron and there is no other satisfactory means of confirmation. 2. For the purposes of this chapter, the computation of gross revenue must not include cash or its equivalent which is received in full or partial payment of a debt previously included in the computation of gross revenue pursuant to subsection 1. 3. Subsection 1 does not apply to any credit instrument which is settled for less than its face amount to: (a) Induce a partial payment; (b) Compromise a dispute; (c) Retain a patrons business for the future; or (d) Obtain a patrons business if: (1) An agreement is entered into to discount the face amount of a credit instrument before it is issued to induce timely payment of the credit instrument; and (2) The percentage of discount of the instrument is reasonable as compared to the prevailing practice in the industry.
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