[HISTORY: Adopted by the President and Board of Trustees
of the Village of Bannockburn 2-10-2020 by Ord. No. 2020-03. Amendments noted
where applicable.]
A.
This chapter is adopted pursuant to the provisions of the Raffles
and Poker Runs Act 230 ILCS 15/0.01 et seq. (the "Act").
B.
The purpose of this chapter is to license and regulate raffles, as
defined herein, and it shall be strictly construed for all purposes
to permit only raffles conducted by organizations located within the
Village.
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 within
the Village to benefit an indefinite number of the public. The service
rendered to those eligible for benefits must also confer some benefit
on the public of the Village.
An organization or institution organized and operated within
the Village 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 located within the Village having
a common interest, the primary interest of which is both to 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 located within the Village 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 agency of the state or a unit of local government in the
state that is vested by law or ordinance with the duty to maintain
public order and to enforce criminal laws or ordinances.
The gross receipts from the conduct of raffles, less reasonable
sums expended for prizes, local license fees and other operating expenses
incurred as a result of operating a raffle.
An organization or institution located within the Village
that is organized and conducted on a not-for-profit basis with no
personal profit inuring to anyone as a result of its operation.
A form of lottery, as defined in the Act and conducted by an
organization licensed under the provisions of this Code, in which:
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; 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.
"Raffle" does not include any game designed to simulate:
Gambling games as defined in the Riverboat Gambling Act;[1]
Any casino game approved for play by the Illinois Gaming Board;
Any games provided by a video gaming terminal, as defined in
the Video Gaming Act;[2] or
A savings promotion raffle authorized under Section 5g of the
Illinois Banking Act, Section 7008 of the Savings Bank Act, Section
42.7 of the Illinois Credit Union Act, Section 5136B of the National
Bank Act, or Section 4 of the Home Owners' Loan Act.[3]
Any church, congregation, society or organization founded
for the purpose of religious worship and located within the Village.
An organization or association located within the Village
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.
No organization shall conduct a raffle within the Village without
first having obtained a license therefor pursuant to the provisions
of this chapter. Licenses shall be issued only by the Village Board.
Applications for a license to conduct a raffle shall be made
to the Village Clerk upon forms provided by him or her.
All applications for a license to conduct a raffle under the
terms of this chapter shall contain at least the following information,
together with such additional information as may be determined by
the Clerk for the purpose of complying with this chapter:
A.
The area within the Village in which raffle chances will be sold
or issued;
B.
The length of time during which raffle chances will be sold or issued;
C.
The time of determination of winning chances and the location or
locations at which winning chances will be determined, which location
or locations must be within the Village; and
D.
The application must contain a sworn statement attesting to the not-for-profit
character of the prospective licensed organization signed by the presiding
officer and the secretary of that organization.
Any license issued under this chapter authorizes the licensee
to conduct only one raffle, or to conduct a specific number of raffles
as may be specified in the license, for a period not to exceed one
year.
Subject to 230 ILCS 15/3.1, the following are ineligible for
any license under this chapter:
A.
Any person who has been convicted of a felony that will impair the
person's ability to engage in the licensed position;
B.
Any person who is or has been a professional gambler or a professional
gambling promoter;
C.
Any person who is not of good moral character;
G.
Any organization that is not located within the Village.
A.
Licenses under this chapter shall be issued only to bona fide religious,
charitable, labor, fraternal, educational, business, veterans, or
other not-for-profit organizations located in the Village that operate
without profit to their members and:
(1)
That have been in existence continually within the Village 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;
(2)
Are a not-for-profit fundraising organization that the Village
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; or
(3)
Is a law enforcement agency or statewide association that represents
law enforcement officials.
An organization licensed under this chapter may sell chances
throughout the state.
All raffles licensed under the provisions of this chapter shall
comply with the following.
A.
If all or a portion of the prize is cash, the maximum amount of cash
award in a single raffle shall not exceed $20,000. The aggregate retail
value of prizes or merchandise awarded by a licensee in a single raffle
shall be $20,000.
B.
The maximum price which may be charged for each raffle chance issued
or sold shall not exceed $150.
C.
The maximum number of days during which chances may be issued or
sold shall not exceed 180 days.
D.
The entire net proceeds of any raffle must be exclusively devoted
to the lawful purposes of the organization permitted to conduct the
raffle.
E.
No person, except the bona fide member, director, officer, employee,
or member of the sponsoring organization, may manage or participate
in the management of the raffle.
F.
No person may receive any remuneration or profit for managing or
participating in the management of the raffle.
G.
A licensee may rent 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.
H.
Winning chances must be determined only at the location or locations
within the Village specified on the license.
I.
No person under the age of 18 years may participate in the conducting
of raffles 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.
J.
The management, operation, and conduct of raffles shall be under
the supervision of one raffle manager designated by the organization.
The manager shall give a fidelity in the sum of not less than an amount
equal to 200% of the aggregate retail value of all prizes in favor
of the organization conditioned upon his or her honesty in the performance
of his or her duties. The bond shall provide that notice shall be
given in writing to the Village not less than 30 prior to its cancellation.
The Village Board may waive this bond requirement by including a waiver
provision in the license issued to an organization under this chapter,
provided that a license containing such waiver provision will be granted
only by the affirmative vote of the requisite number of members of
the licensed organization or, if the licensed organization does not
have members, of members of the governing board of the organization,
to constitute an affirmative action of the licensed organization.
K.
Each organization licensed hereunder 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. Gross receipts from
the operation of raffles shall be segregated from other revenues of
the organization of every kind and nature and placed in a separate
account. Each organization shall have separate records of its raffles,
and 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.
L.
Each organization licensed to conduct raffles under the terms of
this chapter shall report promptly after the conclusion of each raffle
to its membership or, if the organization does not have members, to
its governing board, and to the Village its gross receipts, expenses
and net proceeds from raffles and the distribution of net proceeds,
itemized as required in this chapter.
M.
All records required by the chapter shall be preserved for three
years and shall be open for public inspection at reasonable times
and places.
N.
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:
(1)
Advertising, marketing and promotion;
(2)
Legal;
(3)
Procurement of goods, prizes, wares and merchandise for the
purpose of operating the raffle;
(4)
Rent, if the premises upon which the raffle will be held is
rented;
(5)
Accounting, auditing and bookkeeping;
(6)
Website hosting;
(7)
Mailing and delivery;
(8)
Banking and payment processing; and
(9)
Other services relating to the operation of the raffle.
Licenses issued pursuant to this chapter shall be valid for
one raffle only, or to conduct a specific number of raffles, for a
period not to exceed one year and may be suspended or revoked for
any violation of this chapter. The license fee shall be as set out
in the fee schedule.
Nothing in this chapter shall be construed to authorize the
conduct or operation of any gambling scheme, enterprise, activity
or device other than raffles as provided for in this chapter.
