[HISTORY: Adopted by the Board of Trustees of the Village of Warrensburg 1-2-2018 by Ord. No. 723 (Title 3, Ch. 9, of the 1978 Code). 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:
BUSINESS ORGANIZATION
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 6-7-2021 by Ord. No. 764]
CHARITABLE ORGANIZATION
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 upon the public.
EDUCATIONAL ORGANIZATION
An organization or institution organized and operated to provide systematic instruction 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 ORGANIZATION
An organization of persons having a common interest, the primary interest of which is 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 who otherwise would be cared for by the government.
KEY LOCATION
[Amended 6-7-2021 by Ord. No. 764]
A. 
For a poker run, the location where a poker run concludes and the prize or prizes are awarded.
B. 
For a raffle, the location where the winning chances in the raffle are determined.
LABOR ORGANIZATION
An organization composed of workers organized with the objective of betterment of the conditions of those engaged in occupations and the development of a higher degree of efficiency in the respective occupations.
LICENSEE
An organization which has been issued a license to operate a raffle or poker run.
NET PROCEEDS
The gross receipts from the conduct of raffles or poker runs, less sums expended for prizes, local license fees and other reasonable operating expenses incurred as a result of operating a raffle or poker run.
NONPROFIT
Organized, operated and conducted on a not-for-profit basis with no personal profit incurring for any person as a result of said operation.
PERSON
An individual, firm, organization, public or private corporation, government, partnership or unincorporated association.
POKER RUN
A prize-awarding event organized by a person licensed under this chapter in which participants travel to multiple predetermined locations, including a key location, to play a randomized game based on an element of chance. "Poker run" includes dice runs, marble runs or other events where the objective is to build the best hand or highest score by obtaining an item or playing a randomized game at each location.
[Amended 6-7-2021 by Ord. No. 764]
RAFFLE
A form of lottery, as defined in Section 28-2(b) of the Criminal Code of 2012,[1] conducted by a person 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 means, one or more of which chances is to be designated the winning chance; and
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 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.
RELIGIOUS ORGANIZATION
Any church, congregation, society or organization founded for the purpose of religious worship.
VETERANS ORGANIZATION
An organization or association composed 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.
VILLAGE
The Village of Warrensburg, Illinois.
VILLAGE ADMINISTRATIVE CLERK
The Village Administrative Clerk of the Village of Warrensburg, Illinois.
VILLAGE BOARD
The Village Board of Trustees of the Village of Warrensburg, Illinois.
[1]
Editor's Note: See 720 ILCS 5/28-2.
[Amended 6-7-2021 by Ord. No. 764]
It shall be unlawful to conduct or operate a raffle or poker run or to sell, offer for sale, convey, issue or to otherwise transfer for value a chance on a raffle or poker run without a license issued in accordance with this chapter and without complying with the requirements of this chapter.
Any person seeking to conduct or operate a raffle or poker run shall file an application with the Village Administrative Clerk on forms provided by the Village Administrative Clerk not later than 30 days prior to the time a raffle or poker run is to be conducted. Said application shall contain the following information:
A. 
The name, address and type of organization.
B. 
The length of existence of the organization.
C. 
(Raffles only) The area or areas within the Village of Warrensburg in which raffle chances will be sold or issued.
D. 
(Poker runs only) The location where the poker run will conclude and where the prize or prizes will be awarded.
E. 
The time period during which raffle chances will be sold or issued or a poker run or runs will be conducted.
F. 
(Raffles only) The time of determination of winning chances.
G. 
(Raffles only) The location or locations at which winning chances will be determined.
H. 
A sworn statement attesting to the not-for-profit character of the applicant organization and attesting to the fact that the information contained in the application is true and correct. Said statement must be signed by the presiding officer and the secretary of the applicant organization.
I. 
Attached evidence of a fidelity bond by the raffle or poker run manager, in an amount equal to the aggregate retail value of all prizes to be awarded.
A. 
Raffle licenses shall be issued only to bona fide charitable, educational, fraternal, labor, religious and veterans or other bona fide not-for-profit organizations that operate without profit to their members and which have been in existence continuously for a period of five years immediately before making application for a raffle license, and which have during that entire five-year period been engaged in carrying out their objects, or to a nonprofit fund-raising organization that the licensing authority 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.
[Amended 6-7-2021 by Ord. No. 764]
B. 
Poker run licenses shall be issued only to bona fide religious, charitable, labor, business, fraternal, educational, veterans or other bona fide not-for-profit organizations that operate without profit to their members and which have been in existence continuously for a period of five years immediately before making application for a poker run license and which have during that entire five-year period been engaged in carrying out their objects. Licenses for poker runs shall be issued for the following purposes:
[Amended 6-7-2021 by Ord. No. 764]
(1) 
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
(2) 
To maintain the financial stability of the organization.
C. 
The Village may waive the five-year requirement under this § 1372-4 for a bona fide religious, charitable, labor, business, fraternal, educational or veterans organization that applies for a license if the organization is a local organization that is affiliated with and chartered by a national or state organization that meets the five-year requirement, or if it is issued to a locally based community or governmental organization conducting the raffle or poker run for the purpose of:
(1) 
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
(2) 
To maintain the financial stability of the organization.
D. 
The following are ineligible for any raffle or poker run license:
(1) 
Any person who has been convicted of a felony;
(2) 
Any person who is or has been a professional gambler or professional gambling promoter;
[Amended 6-7-2021 by Ord. No. 764]
(3) 
Any person who is not of good moral character;
(4) 
Any organization in which a person, as described above in Subsection D(1), (2) or (3), has as proprietary, equitable or credit interest, or in which such person is active or employed;
(5) 
Any organization in which a person as described above in Subsection D(1), (2) or (3) is an officer, director or employee, whether compensated or not; or
(6) 
Any organization in which a person as described above in Subsection D(1), (2) or (3) is to participate in the management or operation of a raffle or poker run as defined here.
E. 
In connection with an application for a license, the Village shall comply with the criminal history and felony conviction requirements in 230 ILCS 15/3.1, as amended.
[Added 6-7-2021 by Ord. No. 764]
A. 
The Village Administrative Clerk shall receive all raffle or poker run license applications on behalf of the Village Board. The Village Administrative Clerk is hereby expressly given authority to approve or deny any such applications which are received. The Village Administrative Clerk shall examine applications for compliance with this chapter and with applicable state law and shall grant all applications which are submitted by eligible persons or entities when issuing a license would not contravene this chapter or applicable state law.
B. 
In the event that the Village Administrative Clerk denies an application, the Administrative Clerk shall immediately inform the applicant of said denial. The Administrative Clerk shall also inform the applicant that the applicant may appeal the Village Administrative Clerk's denial to the Village Board.
C. 
An appeal to the Village Board shall be considered at its next regularly scheduled meeting or at any special meeting called for the purpose of hearing the appeal.
D. 
If the Village Board reverses the Village Administrative Clerk's denial of an application, the Village Administrative Clerk shall forthwith cause to be issued a raffle or poker run license, as appropriate.
E. 
A raffle or poker run license shall show the following:
(1) 
The area or areas in which raffle chances may be sold or issued or a poker run will be conducted;
(2) 
The time period during which raffle chances may be sold or issued or a poker run will be conducted;
(3) 
(Raffles only) The time of determination of winning chances on or at which winning chances will be determined; and
(4) 
(Raffles only) The location or locations at which winning chances will be determined.
[Amended 6-7-2021 by Ord. No. 764]
The operation and conduct of raffles or poker runs are subject to the following restrictions:
A. 
The entire net proceeds of any raffle or poker run must be exclusively devoted to the lawful purpose of the license.
B. 
No person except a bona fide director, officer, employee or member of the organization may manage or participate in the management of the raffle or poker run. No person may receive remuneration or profit for managing or participating in the management of the raffle or poker run. 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.
C. 
A licensee may rent a premises on which to determine the winning chance or chances in a raffle, provided that the rent is not determined as a percentage or receipts or profits from the raffle.
D. 
Raffle chances may be sold throughout the state, including beyond the boundaries of the Village. Winning chances may be determined only at those locations specified on the license for a raffle.
E. 
A person under the age of 18 years may participate in the conducting of raffles or 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 in a raffle or winning hands or scores in a poker run are being determined only when accompanied by his parent or guardian.
[Amended 6-7-2021 by Ord. No. 764]
The management, operation and conduct of raffles shall be under the supervision of a single manager designated by the person obtaining the license. The manager shall give a fidelity bond equal in amount to the estimated aggregate retail value of all prizes to be awarded. In lieu of a fidelity bond, a certificate of unanimous approval of raffle/poker run bond waiver may be submitted along with the application. The Village Administrative Clerk will provide said certificate upon request of an applicant. Nothing in this § 1372-7 shall be deemed to apply to poker runs.
A. 
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 date of payment.
B. 
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 Department of Revenue of the State of Illinois, and placed in a separate account. Each licensee shall keep separate records of its raffles and/or poker runs. The person who accounts for gross receipts, expenses and net proceeds from the operation of raffles or poker runs shall not be the same person who accounts for other revenues of the licensee.
C. 
Each licensee shall report within 30 days of conclusion of the raffle or poker run to its membership, or, if the organization does not have members, to its governing board, and to the Village of Warrensburg, its gross receipts, expenses and net proceeds from the raffle and/or poker runs, and the distribution of net proceeds itemized as required herein.
[Amended 6-7-2021 by Ord. No. 764]
D. 
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.
[Amended 6-7-2021 by Ord. No. 764]
A fee set from time to time by the Village Board shall be paid to the Village Administrative Clerk when an application for a raffle license is filed. Said application fee is nonrefundable even should the application be denied.
[Amended 6-7-2021 by Ord. No. 764]
A fee set from time to time by the Village Board shall be paid to the Village Administrative Clerk at the time an application for a poker run license is filed. Said application fee is nonrefundable even should the application for a license be denied.
[Amended 6-7-2021 by Ord. No. 764]
In the event that raffle chances are sold at a poker run location within the Village of Warrensburg, the applicant shall so state on the applications. In such case, the fee shall be a combined fee set from time to time by the Village Board for the poker run license and the raffle license. Said application fee is nonrefundable even should the application for a license be denied.
The maximum cash prize awarded in any raffle or poker run shall be $100,000; the maximum retail value of a non-cash-prize awarded in any raffle or poker run shall be $200,000. The aggregate value of all prizes awarded in any raffle or poker run shall not exceed $300,000.
The maximum fee for any chance shall be $1,000. All such fees shall be paid in currency or by check.
A. 
Penalties. Failure by an applicant, licensee or manager to comply with any of the requirements of this chapter is a Class C misdemeanor, and any person, upon conviction thereof, shall be fined in accordance with Chapter 100, Article III, of the Village Code. Each day on which a violation occurs or continues shall be considered a separate offense.
[Amended 6-7-2021 by Ord. No. 764]
B. 
Abatement. The imposition of the penalties herein prescribed shall not preclude the State's Attorney from instituting appropriate action to prevent unlawful raffles or poker runs or to restrain, correct or abate a violation of this chapter or of the conditions of a raffle or poker run license issued pursuant hereto.