[HISTORY: Adopted by the President and Board of Trustees of the Village of Granville10-17-2017 by Ord. No. 683. Amendments noted where applicable.]
For the purpose 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- An individual, firm, organization, public or private corporation, government, partnership or unincorporated association.
- RAFFLE OR POKER RUN
- A form of lottery as defined in 28-2(b) of the Criminal Code of 1961, being ILCS Ch. 720, Act. 5, § 28-2(b), conducted by an organization licensed under this chapter 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 by an act or set of acts on the part of the 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.
- Any church, congregation, society or organization founded for the purpose of religious worship.
- 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.
It shall be unlawful to conduct or operate a raffle or poker run or to sell, offer for sale, convey, issue or otherwise transfer for value a chance on a raffle or poker run unless the raffle or poker run has been licensed in accordance with this chapter.
A license issued under this chapter shall apply for all raffle or poker runs conducted by the licensee during the calendar year for which the license is issued.
Any person seeking to conduct or operate a raffle or poker run shall file an application therefor made to the President and the Village Board, filed with the Village Clerk, on forms provided by the Village. Said application shall be returned with a fee of $10 and shall contain the following information:
The name, address and type of organization;
The length of existence of the organization and, if incorporated, the date and state of incorporation;
The name, address, telephone number, social security number and date of birth of the organization's presiding officer, secretary, raffle or poker run manager and any other members responsible for the conduct and operation of the raffle or poker run;
The estimated annual aggregate retail value of all prizes to be awarded;
The maximum retail value of each prize to be awarded;
The maximum price charged for each raffle or poker run chance issued or sold;
The estimated gross annual sales of chances;
The geographic area or areas in which raffle or poker run chances will be sold or issued;
The maximum number of days during which raffle or poker run chances are sold;
The times and locations at which winning chances will be determined (Note: the application may be amended by a telephone call from an officer of the organization to the Village Clerk not less than three days prior to the drawing and confirmed in writing by the organization);
A sworn statement attesting to the not-for-profit character of the applicant organization, signed by its presiding officer and secretary;
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.
No license shall be issued to:
Any person who has been convicted of a felony;
Any person who is or has been a professional gambler or gambling promoter;
Any person who is not of good moral character;
The President and Village Board shall either approve or disapprove each application for issuance of a license within 30 days after the completed application is filed with the Village Clerk.
The President and Village Board may revoke any license issued by the Village if it is determined that the licensee has violated any provision of this chapter. However, no such license shall be revoked except after a public hearing by the President and Village Board with a three-day written notice to the licensee, affording the licensee an opportunity to appear and defend.
The President and Village Board shall, within three days after such hearing, if they determine after such hearing that the license should be revoked, state the reason or reasons for such determination in a written order of revocation and shall serve a copy of such order within three days upon the licensee.
The operation and conduct of raffles or poker runs are subject to the following restrictions:
The entire net proceeds of any raffle or poker run must be exclusively devoted to the lawful purposes of the organization permitted to conduct that game;
No person except a bona fide member of the sponsoring organization may participate in the management or operation of the raffle or poker run;
No person may receive any remuneration or profit for participating in the management or operation of a raffle or poker run;
A licensee may rent a premises on which to determine the winning chance or chances in a raffle or poker run only from an organization which is also licensed under this chapter;
Raffle or poker run 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;
No person under the age of 18 years may participate in the conducting of a raffle or poker run 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.
The operation and conduct of a raffle or poker run shall be under the supervision of a single raffle or poker run manager designated by the licensee. The manager shall give a fidelity bond equal in the amount to the aggregate retail value of all prizes to be awarded in favor of the licensee conditioned upon his or her honesty in the performance of his or her duties. The terms of the bond shall provide that notice shall be given in writing to the Village not less than 30 days prior to its cancellation.
Each licensee 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 the date of payment.
Gross receipts from the operation of a raffle or poker run shall be segregated from other revenues of the licensee, including bingo gross receipts. If bingo games are also conducted by the same nonprofit organization pursuant to license therefor issued by the State Department of Revenues, proceeds must be placed in a separate account. Each licensee shall keep separate records of its raffle or poker run. The person who accounts for gross receipts, expenses and net proceeds from the operation of the raffle or poker run shall not be the same person who accounts for other revenues of the licensee.
Each licensee shall report to its membership and to the Village its gross receipts, expenses and net proceeds from the raffle or poker run, and the distribution of net proceeds itemized as required herein. Such report shall be made promptly after the conclusion of each raffle or poker run.
Raffle or poker run records shall be preserved for three years, and organizations shall make available their records relating to the operation of raffles or poker runs for public inspection at reasonable times and places.
A licensing fee of $1 shall be paid to the Village Clerk at the time the application for a raffle or poker run license is filed. All application fees are nonrefundable even if the license is denied. The license shall be applicable only for the calendar year in which it is issued, and there shall be no proration of application fees for any partial calendar year.
Pursuant to the Raffle and Poker Run Act, being ILCS Ch. 230, Act 15 § 2, the President, for and on behalf of the Village, may enter into a written contract with any county and/or one or more municipalities providing for the establishment of a system for the licensing or organizations to operate raffles or poker runs within any area of contiguous territory not contained within the Village.
In the event that any provision of this chapter should be declared invalid and/or unenforceable, the invalidity of any such provision shall not affect the remainder of this chapter.