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, 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 BOARD
The Village Board of Trustees of the Village of Warrensburg,
Illinois.
[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.
[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.
[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.