Raffle and poker run licenses shall be issued only to bona fide charitable, educational, fraternal, labor, business, religious and fraternal, labor, business, religious and veterans organizations that operate without profit to their members and which have been in existence continuously for a period of five (5) years or more immediately before making application for a license and which have had during that entire five (5) year period a bona fide membership engaged in carrying out their objects, or to a non-profit fundraising organization that the Commissioner determines is organized for the sole purpose of providing financial assistance to an identified individual or group of individuals suffering extreme financial hardship as a result of an illness, disability, accident or disaster. The Commissioner may waive the 5-year requirement under this subsection for a bona fide religious, charitable, labor, business, fraternal, educational, or veterans’ organization that applies for a license to conduct a poker run if the organization is a local organization that is affiliated with and chartered by a national or State organization that meets the 5-year requirement. The following are ineligible for any raffle or poker run license: The following are ineligible for any license under this Ordinance:
A. Any person whose felony conviction will impair the person’s ability to engage in the licensed position; EXCEPT the Commissioner shall not require applicants to report the following information and shall not consider the following criminal history records in connection with an application for a license:
1. Juvenile adjudications of delinquent minors as defined in Section 5-105 of the Juvenile Court Act of 1987, subject to the restrictions set forth in Section 5-130 of the Juvenile Court Act of
1987.
2. Law enforcement records, court records, and conviction records of an individual who was 17 years old at the time of the offense and before January 1, 2014, unless the nature of the offense required the individual to be tried as an adult.
3. Records of arrest not followed by a conviction.
4. Convictions overturned by a higher court.
5. Convictions or arrest that have been sealed or expunged.
The Commissioner, upon a finding that an applicant for a license was convicted of a felony shall consider any evidence of rehabilitation and mitigating factors contained in the applicant’s record, including any of the following factors and evidence, to determine if the conviction will impair the ability of the applicant to engage in the position for which a license is sought:
1. the lack of direct relation of the offense for which the applicant was previously convicted to the duties, functions and responsibilities of the position for which a license is sought;
2. whether 5 years since a felony conviction or 3 years since release from confinement for the conviction, whichever is later, have passed without a subsequent conviction;
3. if the applicant was previously licensed or employed in this State or other states or jurisdictions, then the lack of prior misconduct arising from or related to the licensed position or position of employment;
4. the age of the person at the time of the criminal offense;
5. successful completion of sentence and, for applicants serving a term of parole or probation, a progress report provided by the applicant’s probation or parole officer that documents the applicant’s compliance with conditions of supervision;
6. evidence of the applicant’s present fitness and professional character;
7. evidence of rehabilitation or rehabilitative effort during or after incarceration, or during or after a term of supervision, including, but not limited to, a certificate of good conduct under Section 5-5.5-10 of the Unified Code of Corrections; and
8. any other mitigating factors that contribute to the person’s potential and current ability to perform the duties and responsibilities of the position for which a license or employment is sought.
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 subsection A., B. or C. supra 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 subsection A., B. or C. supra is an officer, director, or employee, whether compensated or not;
F. Any organization in which a person defined in subsection A., B. or C. supra is to participate in the management or operation of a raffle as defined in this ordinance.
(Ord. O-201505-12-020, § IX, passed 5-5-2015; Ord. 7470, passed 3-19-2019)