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RAFFLE REGULATIONS
No organization or association shall operate or conduct a raffle in the city without first obtaining a license and complying with this subchapter. An organization or association must be one of the following as defined in the Raffles and Poker Runs Act, 230 ILCS 15/0.01, as amended (hereinafter, in this chapter, the “Act”); religious; charitable; labor; fraternal; educational; veterans or non-profit fundraising organization. The religious; charitable; labor; fraternal; educational; or veterans organization must have been in existence continuously for five years immediately preceding the filing of the application for a raffle license and which have had during that entire five-year period a bona fide membership engaged in carrying out their objects, and be located in the city or substantially serve the residents of the city. A non-profit fundraising organization must be organized for the sole purpose of providing financial assistance to an identified individual or group of individuals suffering extreme financial hardship as the result of illness, disability, accident or disaster. Association is a law enforcement agency or statewide association that represents law enforcement officials as provided for in § 9 of the Act.
(Ord. 2018-049, passed 9-25-2018)
(A) Any organization seeking to conduct or operate a raffle shall file an application with the City Clerk on forms provided by the city.
(B) The application shall be approved or denied within 30 days of receipt.
(C) Application requirements must comply with the requirements of the Act.
(D) An applicant denied a license will be notified in writing as set forth in the Act.
(E) License denials may be appealed to City Council by filing notice of appeal with the City Clerk within ten business days of the issuance of the denial notice.
(F) An applicant denied a license may reapply 60 days after the denial notice was issued.
(Ord. 2018-049, passed 9-25-2018)
(A) Entire net proceeds of any raffle must be exclusively devoted to the lawful purposes of the organization.
(B) No person, except a bona fide member of the sponsoring organization, may participate in the management or operation of the raffle.
(C) No person may receive any payment or profit for participating in the management of the raffle.
(D) An organization may rent a premises on which to determine the winning chance or chances in a raffle only from another organization which is also licensed to have raffles.
(E) Raffle chances may be sold or issued only with the area specified on the license and winning chances may be determined only at those locations specified on the license for a raffle in compliance with this chapter and state law.
(Ord. 2018-049, passed 9-25-2018)
(A) Each organization shall keep records of its gross receipts, expenses and net proceeds for each single occasion at which winning chances are determined. All deductions from gross receipts for each single occasion shall be documented with receipts or other records indicating the amount, a description of the purchased item or service or other reason for the deduction. The distribution of net proceeds shall be itemized as to payee, purpose, amount and date of payment.
(B) Each organization shall have separate records of each raffle conducted. The person who accounts for gross receipts, expenses and net proceeds from the operation of raffles on behalf of such organization shall not be the same person who accounts for other revenues of the organization.
(C) Each organization licensed to conduct raffles shall report monthly to its membership, and to the city, its gross receipts, expenses and net proceeds from raffles and the distribution of the net proceeds itemized. This report shall be submitted to the City Clerk’s office on the first of each month.
(Ord. 2018-049, passed 9-25-2018)
The following terms and fees shall govern and controls raffles other than progressive raffles as defined in § 113.206.
(A) Retail value of all prizes or merchandise awarded in a single raffle shall not exceed $500,000.
(B) Retail value of each prize in a single raffle shall not exceed $250,000.
(C) Maximum price which may be charged for each raffle chance issued or sold shall not exceed $100.
(D) Maximum number of days during which chances may be issued or sold shall not exceed 90 days.
(E) Fees: the license fees shall be as depicted in Chapter 39, Fee and Fine Schedule of this code of ordinances and shall be paid when applying for the license. A religious; charitable; labor; fraternal; educational; or veterans organization may obtain a yearly license for the organization.
(Ord. 2018-049, passed 9-25-2018)
The following terms and fees shall govern and control progressive raffles such as “Queen of Hearts” raffles or other named raffles which have a roll-overprize.
(A) The aggregate retail value of all prizes or merchandise awarded by a licensee in a single raffle shall not exceed $3,500,000.
(B) The maximum retail value of each prize awarded by a licensee in a single raffle shall not exceed $3,000,000.
(C) The maximum price which may be charged for each raffle chance issued or sold shall not exceed $10.
(D) The maximum number of weeks during which chances may be issued or sold shall not exceed 54 weeks.
(E) Licenses issued hereunder shall be valid for one progressive raffle and may be suspended or revoked for any violation of this section.
(F) Raffle chances shall be sold only within the boundaries of the city at the location indicated in the license.
(G) No organization shall be issued more than one progressive raffle license at a time. No organization shall simultaneously operate more than one progressive raffle at a time. A location, which is not the location of the organization, may only host one progressive raffle during a weekly period, Monday through Sunday.
(H) Any license issued hereunder shall be non-transferable.
(I) All operation of and the conduct of a progressive raffle shall be under the supervision of a single manager designated by the organization.
(J) As determined by the Mayor, the licensee when notified and required by the Mayor shall obtain security for traffic and crowd control for the raffle drawings.
(K) Fees: the license fees for a progressive raffle shall be as depicted in Chapter 39, Fee and Fine Schedule of this code of ordinances, and shall be paid when applying for the license. A religious; charitable; labor; fraternal; educational; or veterans organization may only obtain a progressive raffle license. The license issued pursuant to this section for a “progressive” raffle shall be valid for one raffle until the winner is selected and shall be conducted during a specified period not to exceed 54 weeks and may be suspended or revoked for any violation of this section.
(Ord. 2018-049, passed 9-25-2018)
(A) The manager of a non-progressive raffle other than 50/50 split the pot for which monies are collected and awarded on the same date of the raffle game with prize for the split the pot being less than $200 shall give a fidelity bond in the sum of the aggregate retail value of the prizes as set out in the application.
(B) The manager of a progressive shall give a fidelity bond in the amount of $5,000,000.
(C) The terms of the bond shall provide that notice shall be given in writing to the licensing authority not less than 30 days prior to its cancellation. A copy of the fidelity bond shall be filed with the City Clerk prior to the start of the raffle game.
(Ord. 2018-049, passed 9-25-2018)
(A) Any person, firm or corporation who violates any provision of this chapter for which another penalty is not specifically provided shall, upon conviction, be subject to a fine not exceeding $750. A separate offense shall be deemed committed upon each day during which a violation occurs or continues.
(B) (1) Any persons, firms, corporations, partnerships or other entities who violate the provisions of §§ 113.040 through 113.046 by failing to apply for and obtain a license for each coin-operated amusement device operated or to be operated on their premises, shall be fined not less than $100, nor more than $750, for each offense. A separate offense shall be deemed committed for each device which is not licensed and for each day during which a violation occurs or continues. No license shall be issued to an applicant until all penalties are paid in full.
(2) Any persons, firms, corporations, partnerships or entities who violate the provisions of §§ 113.040 through 113.046 by maintaining on their premises a number of coin-operated amusement devices in excess of the maximum number allowed by the provisions of §§ 113.040 through 113.046, shall be fined not less than $100, nor more than $750 for each offense. They shall also be required to remove the excess number of devices from their premises within three days of the date they are notified by the City Clerk of such a violation.
(Prior Code, § 113.999)
(2) A person convicted of failing to display a license for each video gaming terminal shall be subject to a fine not to exceed $100 per unlicensed terminal.
(3) A separate offense shall be committed each time a person operates a video gaming terminal in a manner that violates § 113.186. A separate offense shall be committed each 24-hour period, or part thereof, that a person is in possession of or maintains a video gaming terminal in violation of § 113.186 or is in possession of any other electronic gaming machine that can be used for video gaming in violation of § 113.186.
(4) Any video gaming terminal unlawfully used may be seized by the city in accordance with the Illinois Criminal Code, 720 ILCS 5/28-5 and the Video Gaming Act, 230 ILCS 40/35.
(5) Any liquor license issued under the Liquor Control Act of 1934, being 235 ILCS 5/1-1 et seq., to any owner or operator of a licensed establishment, licensed truck stop establishment, licensed fraternal establishment, or licensed veterans establishment that operates or permits the operation of a video gaming terminal within its establishment in violation of this Act, in accordance with 230 ILCS 40/35(a), shall be immediately revoked.
(D) A person violating any provision of §§ 113.200 through 113.208 is subject to prosecution and shall be fined not less than $250, nor more than $750, for each offense, and a separate and distinct offense shall be considered as having been committed for each and every day on which any person shall be found guilty of any such violation.
(Ord. 2018-049, passed 9-25-2018)