[HISTORY: Adopted by the Mayor and Board of Trustees of the Village of Flossmoor 4-5-1982 by FMC-173 (Ch. 21, Art. X, of the 1964 Code); amended in its entirety 8-6-2018 by FMC-2018-16. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Fees, fines and charges — See Ch. 150.
For purposes of this chapter, the following terms shall have the definitions ascribed to them as follows:
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.
[Added 7-7-2014 by Ord. No. 2014-1783]
CHARITABLE
An organization or institution organized and operated to benefit an indefinite number of the public. The service rendered to those eligible for the 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.
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 incurring to any one as a result of the operation.
RAFFLE
A form of lottery, as defined in Section 28-2(b) of the Criminal Code of 2012, 720 ILCS 5/28-2(b), conducted by an organization licensed under this Act, in which:
A. 
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;
B. 
The winning chance is to be determined through a drawing or by some other method based on an element of chance 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 spouses, widows, or widowers of veterans, the primary purpose of which is to promote the general public in such a way as to confer a public benefit.
VILLAGE
The Village of Flossmoor.
No person, firm or corporation shall conduct any raffle without having first obtained a license therefor issued by the Village which license shall be conditioned upon such raffle not disrupting vehicular or pedestrian traffic or jeopardizing the safety of any member of the public. The licensee here acknowledges the Village's right to revoke any license issued pursuant to this Chapter 224 in the event of such occurrence, and the licensee waives any notice or hearing upon revocation by the Village.
Licenses shall be issued based upon the retail value of each prize to be awarded as provided in § 224-1-4 only to bona fide religious, charitable, labor, fraternal, educational, business or veterans' organizations that operate without profit and which have been in existence continually for a period of five years immediately prior to completing an application for a license, and which have had during that entire five-year period a bona fide membership engaged in carrying out their objects. A license will be required by each such organization participating in the conducting of a raffle; however, no additional license fee shall be required.
Licenses permitting raffles shall be of the following classes:
A. 
Class A: Raffle prizes shall have an aggregate retail value of cash or merchandise to be awarded in an amount not to exceed $250,000 and shall have a duration of a maximum of 120 days from the date of issue. The application shall be accompanied by a fidelity bond in an amount equal to the aggregate retail value of all prizes or merchandise to be awarded by the licensee in the raffle. The bond shall be in full force and effect for the term of the license. The Village may waive this bond requirement by including a waiver provision in the license issued to an organization, but only upon the unanimous vote of all of the members of the organization to be licensed authorizing such waiver. The maximum price which may be charged for each raffle chance issued or sold is hereby established at $100.
B. 
Class B: Raffle prizes shall have an aggregate retail value of cash or merchandise to be awarded in an amount not to exceed $1,000,000 and shall have a maximum duration of one year. A Class B license or a Class A license transferred into a Class B shall require a fidelity bond in favor of the licensee in an amount equal to the maximum aggregate retail value of all cash or merchandise to be awarded, which bond shall be in full force and effect for the term of the license. The duration shall have a maximum on one year from the date of issuance, or the initial date of issuance of the Class A license if transferred to a Class B. Upon transfer of a Class A license to a Class B, the license fee shall be reduced by the amount paid for the Class A. The maximum price which may be charged for each raffle chance issued or sold is hereby established at $100. Applicants can only receive a Class B license once every twenty-four-month period.
C. 
Class C. Raffle prize shall have an aggregate retail value of cash or merchandise to be awarded in an amount not to exceed $5,000,000 and shall have a maximum duration of one year. A Class B license may be transferred into a Class C license upon delivering a fidelity bond in favor of the licensee in an amount equal to the maximum aggregate retail value of all prizes or merchandise to be awarded, which bond shall be in full force and effect for the term of the license. The duration shall have a maximum on one year from the date of issuance or the initial date of issuance of a Class B license transferred to a Class C. Upon transfer of a Class B license to a Class C, the license fee shall be reduced by the amounts paid for the Class B. The maximum price which may be charged for each raffle chance issued or sold is hereby established at $100. Applicants can only receive a Class C license once every twenty-four-month period.
A. 
All licensees shall be responsible and liable for the safety of all participating in the raffle, and all costs incurred by the Village in connection with providing public safety or public works personnel shall be paid by the licensee.
B. 
The Village retains the right immediately revoke any license in the event the conducting of the raffle results in the disruption of vehicle or pedestrian traffic or jeopardizes the safety of the public.
The fee for each raffle license shall be according to the schedule set forth in Chapter 150, Fees, Fines and Charges, Article 11, and shall be payable to the Village of Flossmoor prior to the issuance of any raffle license.
Applications for raffle licenses shall be made upon such forms as prescribed by the Village Manager. The license and application for license shall specify the area or areas within the Village in which raffle chances will be sold or issued, the time period during which raffle chances will be sold or issued, the time or determination of winning chances and the location or locations at which winning chances will be determined. The license application shall be accompanied by the required fidelity bond; and shall 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 that organization; and shall state that such license may be revoked at any time in the event of any violation of § 224-1-8.
Raffles licensed by the Village are subject to the following restrictions:
A. 
The entire net proceeds of any raffle must be exclusively devoted to the lawful purpose of the organization permitted to conduct that game.
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 Act.
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.
F. 
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 parent or guardian.
G. 
The conducting of the raffle shall not disrupt the vehicular or pedestrian traffic within the Village or jeopardize the safety of the public.
All operation of and the conduct of raffles licensed by the Village shall be under the supervision of a raffle manager designated by the licensed organization.
No raffle license shall be issued to any of the following who are deemed ineligible for such license:
A. 
Any person who has been convicted of a felony;
B. 
Any person who is or has been a professional or gambling pro promoter;
C. 
Any person who is not of good moral character;
D. 
Any firm or corporation in which a person defined in Subsection A, B or C has a propriety, equitable or credit interest, or in which such person is active or employed;
E. 
Any organization in which a person defined in Subsection 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, B or C is to participate in the management or operation of a raffle as defined in this chapter;
G. 
Any other person or organization prohibited from receiving such license by the State of Illinois.
A. 
Each organization licensed to conduct raffles and chances shall keep records of its gross receipts, expenses and net proceeds for each single gathering or occasion at which winning chances are determined. All deductions from gross receipts for each single gathering or occasion shall be documented with receipts or other records indicating the amount, a description of the purchased item or service or other reason for the deduction, and the recipient. The distribution of net proceeds shall be itemized as to payee, purpose, amount and date of payment.
B. 
Gross receipts from the operation of raffle programs shall be segregated from other revenues of the organization, including bingo gross receipts, if bingo games are conducted by the same nonprofit organization pursuant to license thereof issued by the Department of Revenue of the State of Illinois, and placed in a separate account.
C. 
Each organization shall have separate records of its raffles. The person who accounts for gross receipts, expenses and net proceeds from the operation of raffles shall not be the same person who accounts for other revenues of the organization.
D. 
Each organization licensed to conduct raffles shall report monthly to its membership, and to the licensing local unit of government, its gross receipts, expenses and net proceeds from raffles, and the distribution of net proceeds itemized as required in this section.
E. 
Records required by this section shall be preserved for three years, and organizations shall make available their records relating to operation of raffles for public inspection at reasonable times and places.