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.
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.
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.