Loading...
§ 136.15 DEFINITIONS.
   For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   CHARITABLE ORGANIZATION. An organization or institution organized and operated to benefit an indefinite number of the public. The service rendered to those eligible for benefits must also confer benefit on the public.
   EDUCATIONAL ORGANIZATION. An organization or institution organized and operated to provide systematic institution and useful branches of learning by methods common to schools and institutions of learning which compare favorably in their scope and intensity with the course of study presented in tax supported schools.
   FRATERNAL ORGANIZATION. An organization of persons having a common interest, the primary interest of which is to both promote the welfare of its members and to provide assistance to the general public in such a way as to lessen the burdens of government by caring for those that otherwise would be cared for by the government.
   LABOR ORGANIZATION. An organization composed of workers organized with the objective of betterment of the conditions of those engaged in such pursuit and the development of a higher degree of efficiency in their respective occupations.
   NON-PROFIT ORGANIZATION. An organization or institution organized and conducted on a not-for-profit basis with no personal profit inuring to anyone as a result of the operation.
   RAFFLE. A form of lottery, as defined in Section 28-2(b) of the Criminal Code of 1961, conducted by an organization licensed under this subchapter, in which:
      (1)   The player pays or agrees to pay something of value for a change represented and differentiated by a number or by a combination of numbers or by some other medium, one or more of which chances is to be designated the winning chance; or
      (2)   The winning chance is to be determined through a drawing or by some other method based on an element of chance by an act or set of acts on the part of persons conducting or connected with the lottery, except that the winning chance shall not be determined by the outcome of a publicly exhibited sporting contest.
   RELIGIOUS ORGANIZATION. Any church, congregation, society or organization founded for the purpose of religious worship.
   VETERANS ORGANIZATION. An organization or association comprised of members of which substantially all are individuals who are veterans or spouses, widows or widowers of veterans, the primary purpose of which is to promote the welfare of its members and to provide assistance to the general public in such a way as to confer a public benefit.
(Ord. 85-4499, passed 12-17-85)
§ 136.16 LICENSE REQUIRED; APPLICATION.
   (A)   No person, firm or corporation shall conduct raffles or chances without having first obtained a license therefore pursuant to this subchapter.
   (B)   The City Clerk shall issue a license to permit the conduct of raffles to any bona fide non-profit, charitable, educational, religious, fraternal, veterans or labor organization. Said license shall be issued only upon written application signed by the president or secretary or other high officer of the organization applying for the license.
   (C)   The license and application for license must specify the area or areas within the city in which raffle chances will be sold or issued; the time period during which raffle chances will be sold or issued; the time of determination of winning chances; and the location or locations at which winning chances will be determined.
   (D)   There are created under this section two classes of licenses:
      (1)   Class A. A license issued for single event raffles which are not of a continuing nature or conducted on a regular basis.
      (2)   Class B. An annual license issued only to fraternal organizations which conduct raffles on a continuous and frequent basis throughout the calendar year.
(Ord. 85-4499, passed 12-17-85; Am. Ord. 94-4769, passed 3-15-94) Penalty, see § 10.99
§ 136.17 LICENSE FEE.
   The fee for a Class A license issued under this subchapter shall be $25 and shall expire upon the award of the prize which is to be awarded pursuant to the raffle. The fee for a Class B license shall be $100 per year and shall be in full force and effect from May 1 of each year until April 30 of the following year.
(Ord. 85-4499, passed 12-17-1985; Am. Ord. 94-4769, passed 3-15-1994)
§ 136.18 DENIAL OF LICENSE UPON CERTAIN CONDITIONS.
   No license shall be issued to any of the following:
   (A)   Any person who has been convicted of a felony.
   (B)   Any person who is or has been a professional gambler or gambling promoter.
   (C)   Any person who is not of good moral character.
   (D)   Any firm or corporation in which a person defined in divisions (A) through (C) of this section has a proprietary, equitable or credit interest, or in which such a person is active or employed.
   (E)   Any organization in which a person defined in divisions (A) through (C) of this section is an officer, director or employee, whether compensated or not.
   (F)   Any organization in which a person defined in divisions (A) through (C) of this section, is to participate in the management or operation of a raffle as defined in this act.
(Ord. 85-4499, passed 12-17-1985)
§ 136.19 RAFFLES MANAGER; BOND.
   All operation of the conduct of raffles shall be under the supervision of a single raffles manager designated by the organization. The manager shall give a fidelity bond in the sum of $5,000 in favor of the organization applying for the license. The fidelity bond shall provide that notice shall be given in writing to the city not less than 30 days prior to its cancellation. The requirement of this bond shall be waived if the application states that the members of the organization applying for the license have requested the waiver of the fidelity bond by unanimous vote.
(Ord. 85-4499, passed 12-17-1985)
§ 136.20 RECORDS OF GROSS RECEIPTS TO BE KEPT.
   (A)   Each organization licensed to conduct raffles and chances shall keep records of its gross receipts, expenses and net proceeds for each single gathering or occasion at which winning chances are determined. All deductions from gross receipts for each single gathering or 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 education, and the recipient. The distribution of the net proceeds shall be itemized as to payee, purposes, amount and date of payment.
   (B)   Gross receipts from the operation of raffles programs shall be segregated from other revenues of the organization, including bingo gross receipts, if bingo games are also conducted by the same nonprofit organization pursuant to license therefor issued by the Department of Revenue of the state, and placed in a separate account. Each organization shall have separate records of its raffles. The person who accounts for gross receipts, expenses and net proceeds from the operation of raffles shall not be the same person who accounts for other revenues of the organization.
   (C)   The licensee shall report promptly after the conclusion of each raffle to its membership, and to the city, its gross receipts, expenses and net proceeds from raffles, and the distribution of net proceeds itemized as required in this section.
   (D)   Records required by this section shall be preserved for three years, and licensees shall make available their records relating to operation of raffles for public inspection at reasonable times and places.
(Ord. 85-4499, passed 12-17-1985) Penalty, see § 10.99
§ 136.21 CONDUCT OF RAFFLES; RESTRICTIONS.
   The conduct of raffles is subject to the following restrictions:
   (A)   The entire net proceeds of any raffle must be exclusively devoted to the lawful purposes of the organization permitted to conduct that game.
   (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 remuneration or profit for participating in the management or operation of the raffle.
   (D)   A licensee may rent a premises on which to determine the winning chance or chances in a raffle only from an organization which is also licensed under this act.
   (E)   Raffle change may be sold or issued only within the area specified on the license and winning chances may be determined only at those locations specified on the license.
   (F)   No person under the age of 18 may participate in the conducting of the raffles or chances. A person under the age of 18 may be within the area where winning chances are being determined only when accompanied by his parents or guardian.
(Ord. 85-4499, passed 12-17-1985) Penalty, see § 10.99
Loading...