(A) (1) It shall be unlawful to sell or offer for sale, in the territory of the county under the jurisdiction of this subchapter, any raffle chance without first obtaining a license to operate a raffle or in violation of the terms of said license.
(2) It shall be unlawful for any person, firm, business, corporation, organization, or other entity to conduct or operate a poker run without having first obtaining a license to operate a poker run or in violation of the terms of said license.
(B) (1) Application for said license shall be made in writing by the applicant and filed with the County Board Office. Such application shall be accompanied by the appropriate filing fee, if any, as required herein. Such fee shall be cash, check, or money order.
(2) The County Board office shall refer the application as required herein and shall remit the fee to the County Treasurer if the license is issued.
(C) The Raffle and Poker Run Licensing Commissioner, or his or her designee, shall review all applications for Class A and Class B licenses and shall, if such application is in compliance with the provisions of this subchapter, issue said license. Class A and Class B applications shall be acted upon within 30 days from the date of filing such application.
(D) (1) The Raffle and Poker Run Licensing Commission shall review all applications for Class C licenses, and, if such application is in compliance with the provisions of this subchapter, shall issue said license. The Commission shall act upon a license application within 30 days from the date of application.
(2) The Raffle and Poker Run Licensing Commission shall review all applications for Class D license and shall, if such application is in compliance with the provisions of this subchapter, recommend to the County Board that the license be issued. The Commission shall review applications for Class D licenses within 30 days from the date of the application.
(3) The County Board shall review all applications for Class D license after said applications have first been reviewed and recommended by the Raffle and Poker Run Licensing Commission. If such application is in compliance with the provisions of this subchapter, the Board shall issue said license within 60 days from the date of the application.
(E) Licenses shall be issued only to bonafide religious, charitable, labor, fraternal, educational, business, or veterans organizations that operate without profit to the 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 years a bonafide membership engaged in carrying out their objects, or to a non-profit fundraising organization that the county determines to 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 an illness, disability, accident, or disaster.
(F) Licenses issued are subject to the following restrictions:
(1) Licenses for raffles are subject to the following:
(a) No person, firm, or corporation shall conduct raffles or chances without first obtaining a license therefor pursuant to this subchapter;
(b) The license and application for license must specify the following:
1. The name and address of the applicant organization;
2. The type of organization that is conducting the raffle;
3. The length of existence of the organization and, if incorporated, the date and state of incorporation;
4. The name, address, telephone number, and date of birth of the organization’s presiding officer, secretary, raffles manager, and any other members responsible for the conduct and operation of the raffle;
5. The aggregate retail value of all prizes or merchandise awarded by a licensee in a single raffle;
6. The maximum retail value of each prize awarded by a licensee in a single raffle;
7. The maximum price which may be charged for each raffle change issued or sold;
8. The maximum number of days during which changes may be issued or sold;
9. The area in which raffle chances will be sold or issued;
10. The time period during which raffle chances will be sold or issued;
11. The date, time, and name and address of the location or locations at which winning changes will be determined; and
12. A certificate signed by the presiding officer of the applicant organization attesting to the fact that the information contained in the application is true and correct.
(c) A license application must contain a sworn statement attesting to the not-for-profit character of the prospective licensee organization, signed by the presiding officer and the secretary of the organization;
(d) Licenses issued pursuant to this subchapter shall be valid for one raffle, or a specific number of raffles to be conducted during a specified period of time not to exceed one year;
(e) The maximum number of days during which raffle chances may be issued or sold for any one raffle shall be one year; and
(f) A poker run license shall specify:
1. The area or areas within the county in which the poker run will be conducted;
2. The time period during which a poker run will be conducted; and
3. The time of determination of winning chances and the location or locations at which the winning chances will be determined.
(2) Licenses for poker runs are subject to the following:
(a) No person, firm, or corporation shall conduct poker runs without first obtaining a license pursuant to this subchapter;
(b) The application must specify the following:
1. The name and address of the applicant organization;
2. The type of organization that is conducting the raffle or poker run, for example, religious charitable, labor, fraternal, educational, veterans, or other;
3. The length of existence of the organization and, if incorporated, the date and state of incorporation;
4. The name, address, telephone number, and date of birth of the organization’s presiding officer, secretary, and any other members responsible for the conduct and operation of the raffle or poker run;
5. The name, address, and telephone number of all locations at which the poker run will be conducted;
6. The time period during which the poker run will be conducted;
7. The time of determination of winning chances and the location or locations at which the winning chances will be determined;
8. A sworn statement attesting to the not-for-profit character of the prospective licensee organization signed by the presiding officer and the secretary of that organization; and
9. A certificate signed by the presiding officer of the applicant organization attesting to the fact that the information contained in the application is true and correct.
(c) A poker run license shall specify:
1. The area or areas within the county in which the poker run will be conducted;
2. The time period during which a poker run will be conducted; and
3. The time of determination of winning chances and the location or locations at which the winning chances will be determined.
(G) The following are ineligible for any license under this subchapter:
(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 divisions (G)(1), (G)(2), or (G)(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 divisions (G)(1), (G)(2), or (G)(3) above is an officer, director, or employee, whether compensated or not; or
(6) Any organization in which a person defined in divisions (G)(1), (G)(2), or (G)(3) above is to participate in the management or operation of a raffle as defined in this subchapter.
(Ord. passed 7-15-2014) Penalty, see § 112.99