[Adopted 11-10-1980 (Ch. 4 1/2, Art. II, of the 1977 Code]
[Amended 9-9-1986 by Ord. No. 86-90]
For the purposes of this article, the terms defined in this
section have the meanings given herein:
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 the useful branches of learning
by methods common to schools and institutions of learning which compare
favorably in their scope and intensity with a course of study presented
in tax-supported schools.
FRATERNAL
An organization of persons having a common interest, the
primary interest of which is to promote the welfare of its members
and provide assistance to the general public in such a way as to lessen
the burdens of government by caring for those who 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.
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.
NONPROFIT
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 article
in which:
A.
The player pays or agrees to pay something of value for a chance,
represented and differentiated by a number or a combination of numbers
or by some other medium, one or more of which chances is to be designated
the winning chance.
B.
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
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 are 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 public benefit.
[Amended 11-13-1984 by Ord. No. 84-62; 5-14-1985 by Ord. No. 85-68; 9-9-1986 by Ord. No. 86-90; 12-8-1987 by Ord. No. 87-12-116; 4-11-1989 by Ord. No. 89-04-138; 6-11-1991 by Ord. No.
91-06-168; 2-11-1997 by Ord. No. 97-02-221]
A. Value of prizes; price of chances; number of days chances may be
sold. The County Board hereby establishes the following limitations
in the conduct of operating the raffles licensed under this article:
[Amended 4-7-2021 by Ord.
No. 21-04-2181A; 11-15-2023 by Ord. No. 23-11-190]
(1) The aggregate value of all prizes or merchandise awarded by a licensee
in a single raffle shall not exceed $1,000,000.
(2) The retail value of each prize awarded by a licensee in a single
raffle shall not exceed $1,000,000.
(3) The price which shall be charged for each raffle chance or book of
raffle chances shall not exceed $100.
(4) The number of days during which said chances or books of chances
may be issued or sold shall be 365.
[Amended 2-15-2024 by Ord. No. 24-02-11]
B. License fee; refund.
[Amended 8-10-2011 by Res. No. 11-08-1821; 6-13-2013 by Ord. No. 13-06-1988]
(1) The license fee for each raffle conducted pursuant to this article shall be set from time to time by the Stephenson County Board. A portion of the fee shall be refunded to the raffle organization upon filing of its written report as required under §
331-6C. The County Clerk shall act on a license application within 20 days from the date that the applicant has completed all requirements for the license.
(2) The license issued under this article shall authorize the sale of
raffle chances in areas of Stephenson County which are within the
borders of the County but outside the borders of any municipality
and in any village or municipality that has entered into an agreement
with Stephenson County for the issuance of raffle licenses.
C. Issuance of license only to certain organizations. Licenses shall
be issued only to bona fide religious, charitable, labor, fraternal,
educational, veterans', or business 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 in carrying out their objectives, or to a nonprofit
fund-raising 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 a result of an illness, disability, accident
or disaster, or to any law enforcement agencies and statewide associations
that represent law enforcement officials, or to any fire protection
agencies and associations that represent fire protection officials.
[Amended 11-15-2023 by Ord. No. 23-11-190]
[Amended 12-8-1987 by Ord. No. 87-12-116]
A. Licenses issued under this article are subject to the following restrictions:
(1) No person, firm or corporation shall conduct raffles or chances without
first having obtained a license therefor pursuant to this article.
(2) The license and application for license must specify the area or
areas within Stephenson County 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 the winning chances and the
location or locations at which winning chances will be determined.
(3) The license application must contain a sworn statement attesting
to the not-for-profit character of the prospective licensing organization
signed by the presiding officer and the secretary of that organization.
(4) A license issued pursuant to this article shall be valid for one
raffle or for a specified number of raffles to be conducted during
a specified period not to exceed one year.
B. The following are ineligible for any license under this article:
(1) A person who has been convicted of a felony.
(2) A person who is or who 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 Subsection
B(1),
(2) or
(3) has a proprietary, equitable or credit interest, or in which such person is active or employed.
(5) Any organization in which a person defined in Subsection
B(1),
(2) or
(3) is an officer, director or employee, whether compensated or not.
(6) Any organization in which a person defined in Subsection
B(1),
(2) or
(3) is to participate in the management or operation of a raffle as defined in this article.
The conducting of raffles is subject to the following further
restrictions:
A. The entire net proceeds of any raffle must exclusively be devoted
to the lawful purpose of the organization permitted to conduct the
raffle.
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 article.
E. Raffle chances 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. A person under the age of 18 years may participate in the conducting
of the 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 parent or guardian.
[Amended 8-10-2011 by Res. No. 11-08-1821]
[Amended 6-13-2013 by Ord. No. 13-06-1988]
All operation and conduct of the raffles shall be under the
supervision of a single raffles manager designated by the organization.
The manager shall give a fidelity bond in a sum equal to the estimated
gross revenue of the raffle in favor of the organization, conditioned
on his honesty and performance of his duties. The bond shall provide
that notice shall be given in writing to the County Clerk not less
than 30 days prior to cancellation. The County Clerk may waive this
bond requirement by including a waiver provision in the license issued
to an organization under this article, provided that a license containing
such waiver provision shall be granted only by a unanimous vote of
the members of the licensed organization.
Violation of any of the provisions of this article shall be punishable as provided in Chapter
1, General Provisions, Article
II, Penalties, §
1-11, of this Code.
Nothing in this article shall be construed to authorize the
conducting or operation or any gambling scheme, enterprise, activity
or device other than raffles as provided for herein.
[Adopted 9-11-2014 by Ord. No. 14-09-2103]
The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
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.
HARDSHIP
A nonprofit fundraising organization that has not been in
existence continuously for a period of five years immediately before
making application for a license 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.
KEY LOCATION
The location where the poker run concludes and the prize
is, or prizes are, awarded.
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.
LICENSEE
An organization which has been issue a license to operate
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 or poker
run.
NONPROFIT
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.
POKER RUN
An event organized by an organization licensed under this
chapter in which participants travel to multiple predetermined locations,
including a key location, drawing a playing card or equivalent item
at each location, in order to assemble a facsimile of a poker hand
or other numeric score. "Poker run" includes dice runs, marble runs,
or other events where the objective is to build the best hand or highest
score by obtaining an item at each location.
RELIGIOUS
Any church, congregation, society, or organization founded
for the purpose of religious worship.
VETERANS
An organization or association composed 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.
It shall be unlawful for any person, firm, business, corporation,
organization or other entity to conduct or operate a poker run without
having first obtained a license therefor pursuant to this article
and the Raffles and Poker Runs Act.
Nothing in this article shall be construed to authorize the
conducting or operating of any gambling scheme, enterprise, activity,
or device other than poker runs as provided for herein.
The articles, provisions, and sections of this Chapter
331, Article
II, shall be deemed to be separable, and the invalidity of any portion of this article shall not affect the validity of the remainder.