[HISTORY: Adopted by the City Council of the City of Columbia as Ch. 5.36 of the 1997 Code. Amendments noted where applicable.]
This chapter shall be known, cited, and referred to as the "Raffle Code."
The purpose of this chapter is to regulate and control the conduct of raffles within the borders of the City. Nothing in this chapter shall be construed to authorize the conducting or operating of any gambling scheme, enterprise, activity or device other than raffles as provided for herein.
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 the community.
- 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.
- CITY COUNCIL
- The City Council of the City of Columbia.
- EDUCATIONAL ORGANIZATION
- 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 ORGANIZATION
- 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 who otherwise would be cared for by the government.
- LABOR ORGANIZATIONS
- An organization composed of workers organized with the objective of betterment of the conditions of those engaged in this pursuit and the development of a higher degree of efficiency in their respective occupations.
- An organization which has been issued a license by the City to operate a raffle.
- NET PROCEEDS
- The gross receipts from the conduct of raffles, less sums expended for prizes, local license fees, and other reasonable operating expenses incurred as a result of operating a raffle.
- A license applicant which is organized, operated, and conducted on a not-for-profit basis with no personal profit inuring to anyone as a result of the operation.
- An individual, firm, organization, public or private corporation, government, partnership, or unincorporated association.
- A form of lottery, as defined in 720 ILCS 5/28-2, conducted
by an organization licensed under this chapter, in which:[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
- 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;
- 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 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.
It is unlawful for any person to conduct or operate a raffle, or to sell, offer for sale, convey, issue or otherwise transfer for value a chance on a raffle, unless conducted pursuant to a license duly issued by the City and in accordance with the provisions of this chapter.
[Amended 1997 by Ord. No. 1604; 12-18-2017 by Ord. No. 3357]
Any person seeking to conduct or operate a raffle shall file an application therefor with the City Clerk on forms provided by the City Clerk. The application shall contain the following information:
The name, age, address and type of organization;
The length of existence of the organization and, if incorporated, the date and state of incorporation;
The name, address, telephone number, and date of birth of the organization's presiding officer, secretary, raffle manager, and any other members responsible for the conduct and operation of the raffle;
The aggregate retail value of all prizes to be awarded in the raffle;
The maximum retail value of each prize to be awarded in the raffle;
The maximum price charged for each raffle chance issued or sold;
The maximum number of raffle chances to be issued;
The area or areas in which raffle chances will be sold or issued;
The time period during which raffle chances will be issued or sold;
The date, time and location at which winning chances will be determined;
A sworn statement attesting to the not-for-profit character of the applicant organization, signed by the presiding officer and secretary of the organization;
A certificate signed by the presiding officer of the applicant organization attesting to the fact that the information contained in the application is true and correct.
A fee shall be charged by the City and paid to the City Clerk at the time of application for a raffle license, in the amount to be set by City ordinance from time to time.
The application fees are nonrefundable, even should the application be rejected by the City Council.
Raffle licenses shall be issued only to bona fide charitable, educational, fraternal, labor, religious, business and veterans' organizations that operate without profit to their members and which have been in existence continuously for a period of five years or more immediately before making application for a license and which have had during the entire five-year period a bona fide membership engaged in carrying out their objects. The following are ineligible for any license under this chapter:
Any person who has been convicted of a felony.
Any person who is or has been a professional gambler or gambling promoter.
Any person who is not of good moral character.
[Amended 12-18-2017 by Ord. No. 3357]
The City Clerk shall review all raffle license applications. The City Clerk shall, within 30 days from the date of application, accept or reject a raffle license application. If an application is accepted, the City Clerk shall forthwith issue a raffle license to the applicant. A raffle license shall be valid for a period of one year from and after its issuance.
A raffle license shall show the following:
The area or areas in which raffle chances may be sold or issued.
The period of time during which raffle chances may be sold or issued.
The maximum price which may be charged for each raffle chance issued or sold.
The date, time and location on or at which winning chances will be determined.
The license shall be prominently displayed at the time and location of the determination of the winning chances.
A license shall be valid for one raffle only. Multiple licenses may be issued for multiple raffles to a licensee.
[Amended 12-18-2017 by Ord. No. 3357]
The operation and conduct of raffles are subject to the following restrictions:
The entire net proceeds of any raffle must be exclusively devoted to the lawful purpose of the organization permitted to conduct that game.
No person except a bona fide member of the sponsoring organization may participate in the management or operation of the raffle.
No person may receive any remuneration or profit for participating in the management or operation of the raffle.
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 chapter.
Raffle chances may be sold, offered for sale, conveyed, issued or otherwise transferred for value only within the area specified on the license, and winning chances may be determined only at those locations specified on the license.
Each raffle chance shall have printed thereon the following: 1) the cost of the chance; 2) the aggregate retail value of all prizes to be awarded in the raffle; 3) the date or dates, time or times, and location or locations on or at which winning chances will be determined. However, when raffle chances are sold, conveyed, issued or otherwise transferred only at the time and location at which winning chances will be determined and only to persons then in attendance, the face of the raffle chance need not contain this information.
No cash prize in excess of $1,000,000 may be awarded.
The maximum price which may be charged for each raffle chance issued or sold shall not exceed $100.
The maximum number of days during which chances may be issued or sold shall not exceed 365 days.
No real property, including land and any buildings thereon, may be the prize in a raffle unless the organization holding the raffle license owns fee simple title as to the entire subject real property.
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 parent or guardian.
No chance shall be sold, offered for sale, conveyed, issued or otherwise transferred for value to or by any person under the age of 18 years without the permission of his parent or guardian.
All operation of and the conduct of raffles shall be under the supervision of a single raffles manager designated by the organization.
The raffles manager shall give a fidelity bond in the sum of $0 in favor of the organization, conditioned upon his or her honesty in the performance of his duties. The organization may require a fidelity bond in an amount greater than the aforementioned amount.
Each licensee shall keep records of its gross receipts, expenses, and net proceeds for each single gathering or occasion at which winning chances are to be 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 for the operation of raffles programs 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, and placed in a separate account. Each licensee shall have separate records of its raffles. 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.
Each licensee shall report within 30 days after the conclusion of each raffle to its membership, and to the City Council, its gross receipts, expenses and net proceeds for raffles, and the distribution of net proceeds itemized as required herein.
Records required herein shall be preserved for three years, and licensees shall make available their records relating to operation of raffles for public inspection at reasonable times and places.
Whenever regulations or restrictions imposed by this chapter are either more or less restrictive than regulations or restrictions imposed by any governmental authority through legislation, rules or regulations, the regulations, rules or restrictions which are more restrictive or which impose higher standards or requirements shall govern.
The imposition of the penalties prescribed in § 288-13 shall not preclude the City from instituting appropriate legal action to prevent unlawful raffles or to restrain, enjoin, correct or abate a violation of this chapter or of the conditions of a raffle license issued pursuant hereto.