[Amended 2-19-2019]
This article shall be effective in all of the areas of McLean
County outside the corporate limits of any city, town, or village
and also within the corporate limits of any city, town, or village
in McLean County where there is in effect a written contract between
the governing body of said city, town or village and the County Board
of McLean County for joining in the licensing of organizations to
operate raffles and poker runs.
[Amended 10-16-1984; 10-18-1994; 7-26-2005; 2-19-2019]
A. The Chairman of the McLean County Board shall be the Raffle and Poker
Run Licensing Commissioner and shall head the Raffle and Poker Run
Licensing Commission appointed in accordance with the terms of this
article.
B. The Raffle and Poker Run Licensing Commission shall consist of the
members of the Finance Committee of the McLean County Board.
[Amended 2-17-2015; 2-19-2019]
The conducting of raffles and poker runs is subject to the following
restrictions:
A. 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.
B. No person except a bona fide member of the sponsoring organization
may participate in the management or operation of the raffle or poker
run.
C. No person may receive any remuneration or profit for participating
in the management or operation of the raffle or poker run.
D. A licensee may rent a premises on which to determine the winning
chances in a raffle or poker run only from an organization which is
also licensed under this article.
E. Raffle chances, poker hands, and participation vouchers 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.
F. A person under the age of 18 years may participate in the conducting
of raffles, chances, or poker runs 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 a parent or guardian.
[Amended 10-18-1994; 12-20-1994; 2-19-2019]
All operation of and the conduct of raffles and poker runs shall
be under the supervision of a single raffle or poker run manager designated
by the licensed organization.
A. Bond requirements.
(1) In the case of Class A and B raffles, the manager
shall give a fidelity bond in a sum equal to the aggregate retail
value of all prizes or merchandise to be awarded in the raffle, with
two sureties thereon who are residents of the State of Illinois, and
who are acceptable to the issuing authority, or with a solvent surety
company licensed to do business in the State of Illinois, in favor
of the sponsoring licensee, conditioned upon his honesty and performance
of his duties. Terms of the bond shall provide that notice shall be
given in writing to the Commission not less than 30 days prior to
its cancellation. The issuing authority shall consider the bond and
shall have the right to disapprove the bond.
(2) In the case of Class C and D raffles, the manager
shall give a fidelity bond in a sum equal to the aggregate retail
value of all prizes and merchandise to be awarded in the raffle with
a solvent surety bond company licensed to do business in the State
of Illinois, in favor of the sponsoring licensee, conditioned upon
his honesty and performance of his duties. Terms of the bond shall
provide that notice be given in writing to the Commission not less
than 30 days prior to its cancellation. The issuing authority shall
consider the bond and shall have the right to disapprove the bond.
(3) In the case of poker runs, the manager shall give a fidelity bond
in a sum equal to the aggregate retail value of all prizes or merchandise
to be awarded in the raffle, with two sureties thereon who are residents
of the State of Illinois, and who are acceptable to the issuing authority,
or with a solvent surety company licensed to do business in the State
of Illinois, in favor of the sponsoring licensee, conditioned upon
his honesty and performance of his duties. Terms of the bond shall
provide that notice shall be given in writing to the Commission not
less than 30 days prior to its cancellation. The issuing authority
shall consider the bond and shall have the right to disapprove the
bond.
(4) Fidelity bonds shall be conditioned upon the faithful
observance by the licensee of this article upon the provisions of
all laws of the State of Illinois and the United States of America
applying to raffles.
B. Waiver of bond requirement.
(1) The issuing authority may, in its discretion, waive
this bond requirement for Class A raffles only subject to the following
conditions:
(a)
Upon the unanimous vote to the members of the
licensed organization that said requirements may be waived.
(b)
A written waiver is filed with the application
for the licensee.
(c)
The license application must contain a sworn
statement attesting to the unanimous vote of the members of the licensed
organization, signed by the presiding officer and the secretary of
said organization.
(2) A license issued to the organization shall include
a provision that the fidelity bond has been waived.
[Amended 10-18-1994; 2-17-2015; 2-19-2019]
A. Each organization licensed to conduct raffles, chances, or poker
runs shall keep records of its gross receipts, expenses and net proceeds
for each single gathering or occasion at which winning games are determined.
All deductions from gross receipts for each single gathering or occasion
shall be documented with receipts or other records indicating the
amount, 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 and poker runs
shall be segregated from other revenues of the organization, including
bingo gross receipts, if bingo games are also conducted by the same
nonprofit organization, pursuant to license therefor 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, expenses
and net proceeds from the operation of raffles and poker runs shall
not be the same person who accounts for other revenues of the organization.
C. Each organization licensed to conduct raffles or poker runs shall
report promptly after the conclusion of each occurrence to its membership,
and to the County, its gross receipts, expenses and net proceeds from
raffles or poker runs, and the distribution of net proceeds itemized
as required in this section.
D. Records required by this article shall be preserved for three years,
and the organization shall make available its records relating to
operations of raffles and poker runs for public inspection at reasonable
times and places.
[Amended 10-18-1994]
Any person or organization violating any provision
of this article shall be guilty of a Class C misdemeanor, and a separate
offense shall be deemed committed each day during or on which the
violation occurs or continues.
[Amended 2-19-2019]
Nothing in this article shall be constructed to authorize the
conducting or operating of any gambling scheme, enterprise, activity
or device other than raffles and poker runs as provided for herein.