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For the purposes of this chapter the terms defined in this section have the meanings given them.
AGGREGATE RETAIL VALUE OF PRIZES. The total retail value of all prizes to be raffled by any organization, licensed under this chapter.
BONA FIDE MEMBER. A person who has been a member of an organization for a time period greater than 30 contiguous days.
MANAGEMENT OR OPERATION OF A RAFFLE. A person participates in the MANAGEMENT OR OPERATION OF A RAFFLE when he or she sells admission tickets at the event; sells, redeems, or in any way assists in the selling or redeeming of raffle chances; participates in the conducting of any of the raffle games played during the event, or supervises, directs or instructs anyone conducting a raffle change; or at any time during the hours of the raffle event counts, handles or supervises anyone counting or handling any of the proceeds or money at the event. A person who is present to ensure that the raffle is being conducted in conformance with the rules established by the licensee is considered to be participating in the MANAGEMENT OR OPERATION OF A RAFFLE. A person who is present solely to ensure the equipment is working properly is not considered to be participating in the MANAGEMENT OR OPERATION OF A RAFFLE. Setting up, cleaning up, selling food and drink and providing security for the persons or property at the event does not constitute participation in the MANAGEMENT OR THE OPERATION OF A RAFFLE. Notwithstanding anything heretofore to the contrary, the one individual who determines the winning chance through a drawing or by some other method based on an element of chance by an act or set of acts shall not be considered to be participating in the MANAGEMENT OR OPERATION OF A RAFFLE.
NET PROCEEDS. The gross receipts from the conduct of raffles, less reasonable sums expended for prizes, local license fees and other reasonable operating expenses incurred as a result of operating a raffle.
RAFFLE. A form of lottery, as defined in § 28-2(b) of the Illinois Criminal Code of 1961, conducted by an organization licensed under this chapter in which:
(1) The player pays or agrees to pay something of value for a chance, 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;
(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.
(Ord. 07-08, passed 4-9-07; Am. Ord. 07-36, passed 12-10-07; Am. Ord. 13-07, passed 3-11-13)
(A) Licenses issued by the city are subject to the following restrictions:
(1) No person, firm, organization, or corporation shall conduct raffles or chances without having first obtained a license therefor pursuant to this chapter.
(2) Any person seeking to conduct or operate a raffle shall file an application therefor with the City of Paxton on forms provided by the city. The application shall contain the following information:
(a) The name, address, and type of organization;
(b) The length of existence of the organization and, if incorporated, the date and state of incorporation;
(c) The name, address and telephone number of the organization’s presiding officer, secretary and raffle manager;
(d) The aggregate retail value of all prizes awarded or to be awarded;
(e) The maximum retail value of each prize to be awarded;
(f) The maximum price charged for each raffle chance issued or sold;
(g) The time period during which raffle chances will be sold or issued;
(h) The time, date or dates and location at which winning chances will be determined;
(i) A sworn statement attesting to the not-for-profit character of the applicant organization, signed by its presiding officer and secretary of that organization;
(j) A sworn statement attesting to the fact that the information contained in the application is true and correct, signed by the presiding officer and secretary of that organization.
(3) The application to conduct or operate a raffle may be amended to add or remove members responsible for the conduct, management and operation of the raffle.
(4) The application for license shall be prepared in accordance with this chapter.
(5) A license authorizes the licensee to conduct raffles as defined in this chapter.
(B) The following are ineligible for any license under this chapter:
(1) Any person who has been convicted of a felony;
(2) Any person who is or has been a professional gambler or gambling promoter;
(3) Any person who is not of good moral character;
(4) Any firm or corporation in which a person defined in division (B)(1), (2) or (3) above has a proprietary, equitable or credit interest, or in which such a person is active or employed;
(5) Any organization in which a person defined in division (B)(1), (2) or (3) above is an officer, director, or employee, whether compensated or not;
(6) Any organization in which a person defined in division (B)(1), (2) or (3) above is to participate in the management or operation of a raffle as defined in this chapter;
(7) Any person, firm, organization or corporation that does not maintain a registered office or principal office or regular meeting place within a 20-mile radius of City Hall (145 South Market Street).
(Ord. 07-08, passed 4-9-07; Am. Ord. 07-36, passed 12-10-07; Am. Ord. 13-07, passed 3-11-13) Penalty, see § 117.99
(A) No raffle shall be conducted between the hours commencing at 10:30 p.m. and 9:00 a.m. the next day.
(B) (1) Licenses shall be issued only to bona fide religious, charitable, labor, business, fraternal, educational or veterans’ organizations that operate without profit to their members and which have been in existence continuously for a period of five years immediately before making application for a license and which have had during that entire five-year period a bona fide membership engaged in carrying out their objects, or to a non-profit fundraising organization that the licensing authority determines is 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 an illness, disability, accident or disaster.
(2) For purposes of this division (B), the following definitions apply:
BUSINESS. A voluntary organization composed of individuals and businesses who have joined together to advance the commercial, financial, industrial and civic interests of a community.
CHARITABLE. 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 some benefit on the public.
EDUCATIONAL. An organization or institution organized and operated to provide systematic instruction in 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. 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. 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. An organization or institution organized and conducted on a not-for-profit basis with no personal profit inuring to any one as a result of the operation.
RELIGIOUS. Any church, congregation, society, or organization founded for the purpose of religious worship.
VETERANS. 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.
(C) All licenses granted under this chapter are non-transferable and may not be assigned to any other person, firm, organization or corporation.
(Ord. 07-08, passed 4-9-07; Am. Ord. 07-26, passed 12-10-07; Am. Ord. 13-07, passed 3-11-13) Penalty, see § 117.99
(A) Before any license is issued hereunder, the fee therefor as herein fixed shall first be paid to the City Clerk and the application in writing made to the city for such license by the party desiring the same is filed with the City Clerk. If the applicant does not receive a license within 30 days of the filing of the application or if the application is denied, the applicant shall receive a refund of its license fees. If the applicant received a license, no refund of any part or all of the license fee shall be made.
(B) (1) If the aggregate retail value of all prizes or merchandise to be awarded does not exceed $1,000, the license shall be free.
(2) If the aggregate retail value of all prizes or merchandise to be awarded exceeds $1,000, but does not exceed $5,000, the license fee shall be $25.
(3) If the aggregate retail value of all prizes or merchandise to be awarded exceeds $5,000, the license fee shall be $50.
(C) The applicant shall make a good faith effort to estimate the aggregate retail value of any 50/50 raffles. If said 50/50 raffle grosses more than the aggregate retail value estimated on the application as shown by the records required to be reported to the city, the licensee shall be liable to the city for any further license fee that may be required under this section.
(Ord. 07-08, passed 4-9-07; Am. Ord. 07-36, passed 12-10-07; Am. Ord. 13-07, passed 3-11-13)
(A) The aggregate retail value of all prizes or merchandise awarded by a licensee in a single raffle shall not exceed the sum of $100,000.
(B) The maximum retail value of each prize awarded by a licensee in a single raffle shall not exceed the sum of $50,000.
(C) The maximum price which may be charged for each raffle chance issued or sold by a licensee shall not exceed the sum of $100.
(D) The maximum number of days during which chances may be issued or sold by a licensee for a single raffle shall not exceed 180 days.
(E) The maximum number of days during which a licensee may award a prize or merchandise shall not exceed 31 days.
(F) Any organization seeking to award prizes or merchandise exceeding the limitations as set forth above, shall request and receive approval from the City Council. Such request shall be specific as to the amount and/or number of days above and beyond the above limitations.
(Ord. 07-08, passed 4-9-07; Am. Ord. 07-36, passed 12-10-07; Am. Ord. 13-07, passed 3-11-13; Am. Ord. 15-28, passed 11-9-15) Penalty, see § 117.99
(A) The conducting of raffles is subject to the following restrictions:
(1) The entire net proceeds of any raffle must be exclusively devoted to the lawful purposes of the organization permitted to conduct that game.
(2) No person except a bona fide member of the sponsoring organization may participate in the management or operation of the raffle.
(3) No person may receive any remuneration or profit, directly or indirectly, for participating in the management or operation of the raffle.
(4) 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 chapter.
(5) Raffle chances may be sold or issued only within the area specified on the license which area must be within the borders of the City of Paxton.
(6) Winning changes may be determined only at those locations specified on the license and the location must be within the city limits.
(7) A person under the age of 18 years may participate in the conducting of raffles or chances only with the permission of a parent or guardian. A person under the age of 18 years may be within the area where winning chances are being determined only when accompanied by his or her parent or guardian.
(B) If a lessor rents premises where a winning chance or chances on a raffle are determined, the lessor shall not be criminally liable if the person who uses the premises for the determining of winning chances does not hold a license issued by the city under the provisions of this chapter.
(Ord. 07-08, passed 4-9-07; Am. Ord. 07-36, passed 12-10-07; Am. Ord. 13-07, passed 3-11-13)
(A) All operation of and the conduct of raffles shall be under the supervision of a single raffle manager designated by the licensed organization.
(B) The raffle manager must be a person who has been a member of the licensed organization for a time period greater than 12 contiguous months, except for an organization that has been 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 an illness, disability, accident or disaster.
(C) The raffle manager for an organization that the licensing authority determines is 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 an illness, disability, accident or disaster shall be approved by the City Council as a part of the licensing procedure.
(Ord. 07-08, passed 4-9-07; Am. Ord. 07-36, passed 12-10-07; Am. Ord. 13-07, passed 3-11-13)
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