[HISTORY: Adopted by the Board of Trustees of the Village
of Coal City. Amendments noted where applicable.]
For purposes of this chapter, the following definitions shall
apply unless the context clearly indicates or requires a different
meaning:
A voluntary organization composed of individuals and businesses
who have joined together to advance the commercial, financial, industrial
and civic interests of a community.
[Added 6-26-2019 by Ord. No. 19-14]
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.
[Added 6-26-2019 by Ord. No. 19-14]
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.
[Added 6-26-2019 by Ord. No. 19-14]
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.
[Added 6-26-2019 by Ord. No. 19-14]
Any clock, tape machine, slot machine, or other machine or
device for the reception of money or other thing of value on chance
or skill, or upon the action of which money or other thing of value
is staked, hazarded, bet, won, or lost; or any mechanism, furniture,
fixture, equipment, or other device designed primarily for use in
a gambling place. "Gambling device" does not include the following,
as more specifically defined in ILCS Ch. 720, Act 5, § 28-2(a)(1)
through (a)(4):
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.
[Added 6-26-2019 by Ord. No. 19-14]
Any scheme or procedure whereby one or more prizes are distributed
by chance among persons who have paid or promised consideration for
a chance to win such prizes, whether such scheme or procedure is called
a lottery, raffle, gift, sale, or some other name.
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.
[Added 6-26-2019 by Ord. No. 19-14]
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.
[Added 6-26-2019 by Ord. No. 19-14]
Any scheme or procedure whereby a person promises or guarantees
by any instrument, bill, certificate, writing, token, or other device
that any particular number, character, ticket, or certificate shall
in the event of any contingency in the nature of a lottery entitle
the purchaser or holder to receive money, property, or evidence of
debt.
|
(ILCS Ch. 720, Act 5, § 28-2)
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A "political committee," as that term is defined in the Illinois
Election Code, 10 ILCS 5/9-1.8.
[Added 6-26-2019 by Ord. No. 19-14]
[Added 6-26-2019 by Ord. No. 19-14; amended 9-25-2019 by Ord. No. 19-27]
A form of lottery, as defined in Subsection (b) of Section 28-2 of the Criminal Code of 2012,[1] conducted by an organization licensed under the Raffles
and Poker Runs Act, 230 ILCS 15/0.01 et seq., in which:
The player pays or agrees to pay for 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; and
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.
The Chief of Police or his or her designee.
[Added 6-26-2019 by Ord. No. 19-14]
Any church, congregation, society, or organization founded
for the purpose of religious worship.
[Added 6-26-2019 by Ord. No. 19-14]
Any raffle whereby the raffle chances are sold the same day
as the winners are determined, and the raffle prize is cash equal
to a portion of the total proceeds of the sale of the raffle chances.
[Added 6-26-2019 by Ord. No. 19-14]
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.
[Added 6-26-2019 by Ord. No. 19-14]
A.
A person commits gambling when, within the corporate limits of the
Village, he or she knowingly:
[Amended 7-27-2016 by Ord. No. 16-16]
(1)
Plays a game of chance or skill for money or other thing of value, unless excepted in Subsection B;
(2)
Makes a wager upon the result of any game, contest, or any political
nomination, appointment, or election;
(3)
Operates, keeps, owns, uses, purchases, exhibits, rents, sells, bargains
for the sale or lease of, manufactures, or distributes any gambling
device;
(4)
Contracts to have or give himself or herself or another the option
to buy or sell, or contracts to buy or sell, at a future time, any
grain or other commodity whatsoever, or any stock or security of any
company, as described in ILCS Ch. 720, Act 5, § 28-1(a)(4);
(5)
Owns or possesses any book, instrument, or apparatus by means of
which bets or wagers have been, or are, recorded or registered, or
knowingly possesses any money which he or she has received in the
course of a bet or wager;
(6)
Sells pools upon the result of any game or contest of skill or chance,
political nomination, appointment, or election;
(7)
Sets up or promotes any lottery or sells, offers to sell, or transfers
any ticket or share for any lottery;
(8)
Sets up or promotes any policy game or sells, offers to sell, or
knowingly possesses or transfers any policy ticket, slip, record,
document, or other similar device;
(9)
Drafts, prints, or publishes any lottery ticket or share, or any
policy ticket, slip, record, document or similar device, except for
such activity related to lotteries, bingo games, and raffles authorized
by and conducted in accordance with the laws of Illinois or any other
state or foreign government;
(10)
Advertises any lottery or policy game, except for such activity
related to lotteries, bingo games, and raffles authorized by and conducted
in accordance with the laws of Illinois or any other state;
(11)
Transmits information as to wagers, betting odds, or changes
in betting odds by telephone, telegraph, radio, semaphore, or similar
means; or knowingly installs or maintains equipment for the transmission
or receipt of such information; except that nothing in this subsection
prohibits transmission or receipt of such information for use in news
reporting of sporting events or contests; or
(12)
Establishes, maintains, or operates an Internet site that permits a person to play a game of chance or skill for money or other thing of value by means of the Internet or to make a wager upon the result of any game, contest, political nomination, appointment, or election by means of the Internet. This Subsection A(12) does not apply to activities referenced in Subsection B(6) and (7) of this section.
B.
Participants in any of the following activities shall not be convicted
of gambling:
(1)
Agreements to compensate for loss caused by the happening of chance,
including without limitation contracts of indemnity or guaranty and
life or health or accident insurance;
(2)
Offers of prizes, awards, or compensation to the actual contestants
in any bona fide contest for the determination of skill, speed, strength,
or endurance or to the owners of animals or vehicles entered in such
contest;
(3)
Pari-mutuel betting as authorized by the law of this state;
(4)
Manufacture of gambling devices, including the acquisition of essential
parts therefor and the assembly thereof, for transportation in interstate
or foreign commerce to any place outside this state when such transportation
is not prohibited by any applicable federal law;
(5)
The game commonly known as "bingo," when conducted in accordance
with ILCS Ch. 230, Act 25, § 1 et seq.;
(6)
Lotteries when conducted by the state in accordance with ILCS Ch.
20, Act 1605, § 1 et seq.;
(7)
The purchase of lottery tickets through the Internet for a lottery
conducted by the State of Illinois under the program established in
Section 7.12 of the Illinois Lottery Law;
[Added 7-27-2016 by Ord.
No. 16-16]
(8)
Possession of an antique slot machine that is neither used nor intended
to be used in the operation or promotion of any unlawful gambling
activity or enterprise. For the purpose of this subsection, an antique
slot machine is one manufactured 25 years ago or earlier;
(9)
Raffles when conducted in accordance with ILCS Ch. 230, Act 15, § 1 et seq. and § 135-6 of the Village Code;
[Amended 6-26-2019 by Ord. No. 19-14]
(10)
Charitable games when conducted in accordance with ILCS Ch.
230, Act 30, § 1 et seq.;
(11)
Pull tabs and jar games when conducted under ILCS Ch. 230, Act
20, § 1 et seq.;
(12)
Gambling games conducted on riverboats when authorized under
ILCS Ch. 230, Act 10, § 1 et seq.;
(14)
Games of skill or chance where money or other things of value
can be won but no payment or purchase is required to participate.
A.
For purposes of this section, a "gambling place" is any real estate,
vehicle, boat, or any other property whatsoever used for the purposes
of gambling other than gambling conducted in the manner authorized
by the Riverboat Gambling Act (230 ILCS 10/1 et seq.) or the Video
Gaming Act (230 ILCS 40/1 et seq.). No person shall knowingly permit
any premises or property owned or occupied by him or her or under
his or her control to be used as a gambling place.
[Amended 7-27-2016 by Ord. No. 16-16]
B.
When any premises is determined by the Circuit Court to be a gambling
place:
(1)
The premises are hereby declared to be a public nuisance and may
be proceeded against as such; and
(2)
The premises of any person who knowingly permits thereon a violation
of any section of this chapter shall be held liable for and may be
sold to pay any unsatisfied judgment that may be recovered and any
unsatisfied fine that may be levied under any section of this chapter.
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(ILCS Ch. 720, Act 5, § 28-3)
|
A.
Every device designed for gambling which is incapable of lawful use
or every device used unlawfully for gambling shall be considered a
gambling device and shall be subject to seizure, confiscation, and
destruction by Village authorities. As used in this section, a "gambling
device" includes any slot machine and includes any machine or device
constructed for the reception of money or other thing of value and
so constructed as to return or cause someone to return on chance to
the player thereof money, property, or a right to receive money or
property. With the exception of any device designed for gambling which
is incapable of lawful use, no gambling device shall be forfeited
or destroyed unless an individual with a property interest in the
device knows of the unlawful use thereof.
B.
Every gambling device shall be seized and forfeited as contraband
to the county wherein the seizure occurs. Any money or other thing
of value integrally related to acts of gambling shall be seized and
forfeited as contraband to the county wherein the seizure occurs.
C.
Any gambling device displayed for sale to a riverboat gambling operation
or used to train occupational licensees of a riverboat gambling operation
as authorized under the Riverboat Gambling Act (230 ILCS 10/1 et seq.)
is exempt from seizure under this section.
[Added 7-27-2016 by Ord.
No. 16-16]
D.
Any gambling equipment, devices and supplies provided by a licensed
supplier in accordance with the Riverboat Gambling Act which are removed
from the riverboat for repair are exempt from seizure under this section.
[Added 7-27-2016 by Ord.
No. 16-16]
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[ILCS Ch. 720, Act 5, § 28-5(a), (b)]
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[Added 11-12-2012 by Ord. No. 12-26]
A.
An annual fee of $25 is hereby imposed on each video gaming terminal
operated within the Village. An establishment licensed by the Illinois
Gaming Board to operate video gaming terminals shall supply information
about the location and operation of such video gaming terminals on
a form supplied by the Village, shall provide a copy of the licensee's
application to the Illinois Gaming Board and a copy of the license
issued by the Illinois Gaming Board, and shall pay the fee each year
on or before May 1 in conjunction with the licensee's application
for or renewal of a liquor license.
B.
Video gaming terminals must be located in an area restricted to persons
over 21 years of age, the entrance to which is within the view of
at least one employee of the establishment who is over 21 years of
age. Any licensed establishment that allows persons under 21 years
of age to enter must segregate video gaming terminals in a separate
area inaccessible to minors.
C.
All video gaming terminals must be located in an area of the licensed
establishment with restricted visibility from areas outside the business.
D.
An owner, manager or employee over the age of 21 shall be present
during all hours of operation when video gaming terminals are available
for use by the public.
E.
The licensed establishment shall prevent access to video gaming terminals
by persons who are visibly intoxicated.
F.
The Village and its agents shall have unrestricted access to enter
the licensed establishment to determine compliance with this section
and the Illinois Video Gaming Act (230 ILCS 40/1 et seq.).
[Added 6-26-2019 by Ord. No. 19-14; amended 9-25-2019 by Ord. No. 19-27]
A.
License required. No person shall conduct a raffle in which the winning chances for the raffle are determined within the Village unless such raffle is licensed by the Village in accordance with the rules and regulations described in this § 135-6.
B.
Raffle
license. There is hereby established a "raffle license."
C.
Qualifications.
(1)
A license
to operate a raffle in which the winning chances for the raffle are
determined within the Village shall be issued only to bona fide religious,
charitable, labor, business, fraternal, educational, veterans', or
other bona fide not-for-profit 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 during that entire five-year period been
engaged in carrying out their objects, or to a non-profit fund-raising
organization that the licensing agent 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. The
Village may waive the five-year requirement for a bona fide religious,
charitable, labor, business, fraternal, educational, or veterans'
organization that applies for a license to conduct a raffle if the
organization is a local organization that is affiliated with and chartered
by a national or state organization that meets the five-year requirement.
(2)
No
license shall be issued to:
(a)
Any person who has been convicted of a felony that will impair the
person's ability to engage in the licensed position in the sole discretion
of the raffle licensing agent;
(b)
Any person who is or has been a professional gambler or professional
gambling promoter;
(c)
Any person who is not of good moral character;
(d)
Any organization in which a person defined in Subsection A(2)(a),
(b), or (c) has a proprietary, equitable, or credit interest, or in
which such a person is active or employed;
(e)
Any organization in which such a person defined in Subsection A(2)(a),
(b), or (c) is an officer, director or employee, whether compensated
or not;
(f)
Any organization in which a person defined in Subsection A(2)(a),
(b), or (c) is to participate in the management or operation of a
raffle as defined by state law;
(g)
Any organization or individual presently indebted to the Village
of Coal City.
D.
Application.
(1)
Application
forms shall be furnished by the raffle licensing agent and filed with
same. Said applications shall be accompanied by the payment of a $5
fee for each license requested and shall show the following:
(a)
The name and address of the applicant;
(b)
The date(s), time(s) and location(s) at which winning chances will
be determined;
(c)
The place and date of chartering or incorporation of the applicant
if applicable;
(d)
Name (first, middle and last) of the presiding officer (if any) and
raffle manager or applicant;
(e)
A list of prizes to be awarded; and
(f)
Authorization to conduct a background check on the presiding officer
and raffle manager or applicant and to utilize fingerprints in order
to facilitate said check.
(2)
The
license application shall contain a sworn statement attesting to the
accuracy of the information provided and to the not-for-profit character
of the prospective licensee. Said statement shall be signed by the
presiding officer and secretary of the applicant organization.
(3)
After
receipt of an application for any license, the raffle licensing agent,
or his or her designee, shall cause a pre-license investigation to
be made: a) to secure information as to the applicant's character,
b) to ascertain whether the applicant has complied with all of the
requirements of all applicable laws, ordinances, and regulations,
c) to ascertain whether the raffle will be operated or conducted properly
or has been the subject of past complaints or otherwise has been operated
or conducted in a manner substantially adverse to the best interests
of the Village, or the Village's residents, or the raffle participants,
and d) whether the applicant is indebted to the Village.
(4)
The raffle licensing agent, or his or her designee, shall, within 30 days after receipt of a complete application to conduct a raffle as provided for herein, evaluate and either approve or disapprove said application. If the investigation described in Subsection D(3) does not reveal any information that would preclude the issuance of the license, the raffle licensing agent, or designee, shall issue the license thereafter. Any failure of the raffle licensing agent or his or her designee to act within said thirty-day period shall be deemed to be a decision disapproving the application. The decision of the raffle licensing agent or his or her designee shall be a final decision pursuant to the Administrative Review Act.
(5)
An
application for a license under this subsection is valid for up to
20 raffles conducted within one year following issuance of a raffle
license.
E.
Regulations
governing licenses.
(1)
Conduct
of raffles. The conduct 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 licensee permitted to conduct that game.
(b)
No person except a bona fide director, officer, employee or member
of the licensee organization may participate in the management of
the raffle. Sponsoring organizations may contract with third parties
who, acting at the direction of and under the supervision of the sponsoring
organization, provide bona fide services to the sponsoring organization
in connection with the operation of a raffle and may pay reasonable
compensation for such services. Such services include the following:
a) advertising, marketing and promotion, b) legal, c) procurement
of goods, prizes, wares and merchandise for the purpose of operating
the raffle, d) rent, if the premises upon which the raffle will be
held is rented, e) accounting, auditing and bookkeeping, f) website
hosting, g) mailing and delivery, h) banking and payment processing,
and i) other services relating to the operation of the raffle.
(c)
No person may receive any remunerations or profits for participation
in the management of the raffle.
(d)
A licensee may rent a premises on which to determine the winning
chance or chances in a raffle, provided that the rent is not determined
as a percentage of receipts or profits from the raffle.
(e)
Raffle chances may be sold or issued throughout the state, including
beyond the borders of the Village. Winning chances may be determined
only at those locations specified in the license for a raffle.
(f)
A person under the age of 18 years may participate in the conducting
of raffles 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
in a raffle are being determined only when accompanied by a parent
or guardian.
(2)
Raffle
limits and term of license.
(a)
The aggregate retail value of all prizes or merchandise awarded by
a licensee in a single raffle shall not exceed $1,000,000.
(b)
The maximum retail value of each prize awarded by a licensee in a
single raffle shall not exceed $1,000,000.
(c)
The license shall not be valid for more than 365 days.
(3)
Manager;
bond.
(a)
All management, operation, and conduct of raffles shall be under
the supervision of a single manager as designated on the license application.
(b)
A manager shall give a fidelity bond in the sum of $1,000 in favor
of the licensee conditioned upon the raffle manager's honesty in the
performance of his duties. Said bond shall provide that notice shall
be given in writing to the Village not less than 30 days prior to
its cancellation period. If the retail value of the prizes exceeds
$15,000, such bond shall be a corporate surety. The Village may waive
this bond requirement, provided that such waiver is consented to by
an affirmative vote of the requisite number of members of the licensed
organization or, if the organization does not have members, of members
of the governing board of the organization, to constitute an affirmative
action of the organization.
(4)
Records.
(a)
Gross receipts from the operation of raffle programs shall be segregated
from other revenues of the licensee (including bingo gross receipts,
if bingo games are also conducted by the same licensee pursuant to
a license issued by the Department of Revenue of the State of Illinois)
and placed in a separate account. Each organization shall have separate
records of its raffles and poker runs. The person who accounts for
gross receipts and expenses from the operation of raffles and poker
runs shall not be the same person who accounts for other revenues
of the organization.
(b)
Each licensee shall keep records of gross receipts, expenses, and
net proceeds for each single raffle at which winning chances in a
raffle or winning hands or scores in a poker run are determined. All
reasonable operating expenses deducted from gross receipts for each
single raffle shall be documented with receipts or other records indicating
the amount, a description of the purchased items or service or other
reason for deduction, and the recipient. The distribution of net proceeds
shall be itemized as to payee, purpose, amount, and date of payment.
(c)
Each licensee, within 30 days of the raffle, shall report to its
membership and to the raffle licensing agent each of the following:
[1]
Gross receipts generated by the conducting of the raffle;
[2]
An itemized list of all reasonable operating expenses which have
been deducted from the gross receipts;
[3]
Net proceeds from the conducting of the raffle;
[4]
An itemized list of the distribution of the new proceeds; and
[5]
A list of prize winners.
(d)
Records required by this section shall be preserved for three years,
and the organization shall make available for public inspection their
records relating to the operation of a raffle at reasonable times
and places.
(5)
Conducting
gambling schemes. Nothing in this subsection shall be construed to
authorize the conducting or operating of any gambling scheme, enterprise,
activity, or device other than raffles as provided by state law.
F.
Raffle
licensing agent. The raffle licensing agent shall be charged with
the administration of this section. The authority and jurisdiction
of this Village to issue a license to a prospective licensee shall
extend only to the limits of Village.
G.
Penalty/revocation.
Any person conducting a raffle in violation of this section or in
violation of provisions of the Illinois Raffles and Poker Runs Act,
shall be issued a citation for such violation. If such person is found
liable for the ticketed violation, such person may be fined an amount
up to $750 for each violation. Each day that a violation continues
shall be considered a separate offense, punishable, by a fine up to
$750 per day. The President may, upon notice and hearing to the licensee,
revoke or suspend any license for any violation of this section or
the Illinois Raffles and Poker Runs Act.
H.
Abatement.
The imposition of the penalties herein prescribed shall not preclude
the Village or the state's attorney from instituting appropriate action
to prevent unlawful raffles or to restrain, correct, or abate a violation
of this section or of the conditions of a raffle license issued pursuant
hereto.
[Added 7-27-2016 by Ord.
No. 16-16]
Whoever violates any provisions of this chapter for which no other penalty is specified shall be subject to the penalty set forth in § 10-99 of the Code.
