Notwithstanding the definitions set forth in Section 9-1-2 of this chapter, for the purposes of this Article 14, the terms defined in this Section 9-14-1 shall have the following meanings:
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.
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.
The Village President may issue a raffle license subject to
the terms and conditions of this Article 14.
The license fee for each license shall be in the amount set
forth in the Annual Fee Resolution.[1] The Village President may, in his or her sole discretion,
waive the collection of this fee.
The license issued shall set forth whether it is valid for one
particular raffle or for a specified number of raffles to be conducted
during a specified period not to exceed one year. Any license issued
may be suspended or revoked for any violation of the terms of this
Article 14 or for violations of the Illinois Raffles Act, 230 ILCS
15/0.01 et seq. The license issued shall be valid only for the sale
of raffle chances within the borders of the Village.
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 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 the result of an illness,
disability, accident or disaster.
Licenses issued pursuant to this Article 14 are subject to the
following restrictions:
(A)
No persons, firm or corporation shall conduct raffles or chances
without having first obtained a license therefor pursuant to this
Article 14.
(B)
The license and application for license shall set forth the area
or areas 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.
(C)
The license application must contain a sworn statement attesting
to the not-for-profit character of the prospective licensee organization,
signed by the presiding officer or secretary of that organization.
(D)
The application for license shall be prepared in accordance with
this Article 14.
(E)
The following persons are ineligible for any license under this Article
14.
(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 of which any person ineligible for a raffle license pursuant to this Section 9-14-6(E): (a) has a proprietary, equitable or credit interest; (b) is an officer, director, or employee of the firm or corporation; or (c) intends to participate in the management or operation of the proposed raffle.
The conducting 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
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)
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.
(E)
No person under the age of 18 years may participate in the conducting
of raffles or chances. 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.
(F)
If a lessor rents premises where a winning chance or chances on a
raffle are determined, the lessor shall not be liable if the person
who uses the premises for the determining of winning chances does
not hold a license.
All operation of and 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 an amount determined by the Village President in favor of the organization conditioned upon his/her honesty in the performance of his/her duties. Terms of the bond shall provide that notice shall be given in writing to the licensing authority not less than 30 days prior to its cancellation. The bond requirement may be waived, provided the organization to whom the license is issued states that it waives the requirement of the bond in accordance with Section 5 of the Illinois Raffles Act, 230 ILCS 15/5.
Each organization licensed to conduct raffles shall keep records
as required pursuant to the terms and conditions of the Raffles Act.
Each organization licensed to conduct raffles shall report promptly
after the conclusion of each raffle to its membership and to the Village
its gross receipts, expenses and net proceeds from raffles. The net
proceeds of any raffle must be exclusively devoted to the lawful purposes
permitted under the terms of this Article 14.
Any person violating the terms and conditions of this Article
14 shall be subject to a fine in the amount set forth in the Annual
Fee Resolution.[1] Any person violating the terms and conditions of this
Article 14 shall also be subject to the payment of costs incurred
by the Village in seeking to enforce the terms and conditions of this
Article 14.
