[3-15-1954, § 1]
For the purposes of this article, the following words and phrases
shall have the meanings respectively ascribed to them by this section:
The numbers game, policy and similar types of wagering. The
term does not include, (a) any game of a type in which usually the
wagers are placed, the winners are determined, and the distribution
of prizes or other property is made, in the presence of all persons
placing wagers in such game, and (b) in drawings conducted by an organization
exempt from taxes under Section 101 of title 26 of the United States
Code Annotated, if no part of the net proceeds derived from such drawings
inures to the benefit of any private shareholder or individual.
That, in the absence of explanatory or contradictory evidence,
the finding shall be in accordance with the proof establishing the
prima facie case.
A device which operates by means of the insertion of a coin,
token, or similar object and which, by application of the element
of chance, may deliver, or entitle the person playing or operating
the device to receive, cash, premium, merchandise or tokens.
Any wager with respect to a sports event or a contest, placed
with a person engaged in the business of accepting such wagers;
Any wager placed in a wagering pool with respect to a sports
event or a contest, if such pool is conducted for profit; and (c)
any wager placed in a lottery conducted for profit.
Any wager placed in a lottery conducted for profit.
[3-15-1954, § 1]
If any person pays a special tax pursuant to the provision of
Subsection (a)(2) of Section 3267 of Title 26 of the United States
Code Annotated, such payment shall be prima facie evidence, that the
person making such payment is maintaining for use or permitting for
use a slot machine.
[3-15-1954, § 1]
If any person pays the excise tax pursuant to the provision
of Subsection (a) of Section 3285 of Chapter 27A of Title 26 of the
United States Code Annotated, such payment shall be prima facie evidence
that the person making such payment is in the business of accepting
wagers, or conducting a wagering pool or lottery within the Village;
provided, that such person registers, with the person collecting such
excise tax, an address within the Village as the address of the place
of business where the activity takes place, which makes the person
liable for the payment of such excise tax.
[3-15-1954, § 1]
Each day a person allows, to be issued to him, any valid receipt,
stamp or other evidence showing payment of the special tax referred
to in this article for the maintenance or use of a slot machine in
the Village, or each day he allows himself to be registered for the
purpose of accepting wagers or conducting a wagering pool or lottery
in the Village, shall be deemed, by prima facie evidence, to have
committed a separate offense.
[11-5-1984, § 1]
Participants in lotteries or other gambling activities, when
conducted under authority of the state of Illinois in accordance with
the Illinois Lottery Law[1] or amendments and additions thereto, shall not be convicted
of gambling under the provisions of this chapter.
[1]
Editor's Note: See Illinois Revised Statutes Ch. 120, § 1151
et seq.
[Ord. 89-9, 6-5-1989, § 1]
[Ord. 89-9, 6-5-1989, § 1]
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 to
benefit an indefinite number of the public. The services rendered
to those eligible for benefits must also confer some benefit on the
public.
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.
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 that otherwise
would be cared for by the government.
An organization 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
operations.
The gross receipt from the conduct of raffles, less reasonable
sums expended for prizes, local license fees and other reasonable
operating expenses incurred as a result of operating a raffle.
An organization or institution organized and conducted on
a not-for-profit basis with no personal profit inuring to anyone as
a result of the operation.
A form of lottery, as defined in Section 28-2(b) of the Criminal Code of 1961 (Illinois Revised Statutes, Ch. 38, Paragraph 28-2), conducted by an organization licensed under this § 22-11, 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;
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.
Any church, congregation, society or organization founded
for the purpose of religious worship.
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.
[Ord. 89-9, 6-5-1989, § 1]
No person, firm or corporation shall conduct a raffle without first having obtained a license pursuant to this § 22-11.
[Ord. 89-9, 6-5-1989, § 1]
The President and Board of Trustees shall have the authority to issue licenses for raffles subject to the limitations set forth in § 22-11-4 hereof.
[Ord. 89-9, 6-5-1989, § 1]
Licenses for raffles shall be issued only to bona fide religious,
charitable, labor, fraternal, educational or veterans' 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 license and have had during that entire five-year
period bona fide membership engaged in carrying out their objectives,
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 hardship as the result of an illness, disability, accident
or disaster. A license issued by the Village shall authorize the sale
of raffle chances only within the borders of the Village. The President
and Board of Trustees shall act on a license application within 30
days from the date of application.
[Ord. 89-9, 6-5-1989, § 1]
Application for a license shall be made in writing, at the office
of the Village Clerk, no fewer than 30 days before the intended sale
of raffle chances, on forms provided by the Village Clerk's office.
Each license and application for license shall contain the following
information:
(a)
The name and address of the applicant;
(b)
The area within the Village in which the raffle chances will be sold
or issued;
(c)
The time period during which raffle chances will be sold or issued;
(d)
The date, time and location(s) of determining the winning chances;
(e)
A sworn statement attesting to the nonprofit character of the prospective
licensee organization, signed by its presiding officer and the secretary
of that organization;
(f)
A copy of the applicant's articles of incorporation and/or charter;
and
[Ord. 89-9, 6-5-1989, § 1]
No fee shall be required for issuance of a license under this § 22-11.
[Ord. 89-9, 6-5-1989, § 1]
No raffle license shall be issued to:
[Ord. 89-9, 6-5-1989, § 1]
The conducting of raffles in the Village is subject to the following
restrictions:
(a)
The entire net proceeds of any raffle 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.
(c)
No person may receive any remuneration or profit for participating
in the management or operation of the raffle.
(d)
The maximum fee which may be charged for each raffle chance sold
or issued shall not exceed $100. All such fees shall be paid in currency
or by check.
(e)
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 § 22-11.
(f)
Raffle chances 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.
(g)
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.
[Ord. 89-9, 6-5-1989, § 1]
All operation of and the conduct of raffles shall be under the
supervision of a single raffles manager designated by the organization.
The manager shall give a fidelity bond in the sum of an amount determined
by the Village in favor of the organization conditioned upon his honesty
in the performance of his duties. Terms of the bond shall provide
that notice shall be given in writing to the Village not less than
30 days prior to its cancellation. The President and Board of Trustees
may waive this bond requirement by including a waiver provision in
the license, provided that a request for such waiver has been made
by unanimous vote of the members of the licensed organization.
[Ord. 89-9, 6-5-1989, § 1]
Each raffle ticket, chance or other raffle token shall state
on its face the name and address of the licensee, the date or dates
of the drawings and the prize or prizes to be awarded; provided, however,
that this requirement shall not apply to any raffle in which prizes
in aggregate value under $50 are awarded, or to any raffle in which
raffle chances are sold only on the date of the drawing during the
event at which the drawing is to be conducted. No such ticket, chance
or token shall be sold or issued more than 240 days before the determination
of the winning chance or chances.
If any raffle for which a license is issued under this § 22-11 is canceled, or if any such raffle is not conducted on the date contained in the application for license, the licensee shall refund all money paid for any raffle chances issued or sold to the persons to whom such raffle chances were sold or issued within 45 days after the date on which such raffle was to be conducted or within 45 days after cancellation of the raffle, whichever is sooner.
[Ord. 89-9, 6-5-1989, § 1]
The maximum cash prize awarded in any raffle shall be $100,000;
the maximum retail value of a non-cash prize awarded in any raffle
shall be $100,000. The aggregate value of all prizes awarded in any
raffle shall not exceed $200,000.
[Ord. 89-9, 6-5-1989, § 1]
(a)
Each organization licensed to conduct raffles and chances 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 the payee, purpose, amount and date of payment.
(b)
Gross receipts from the operation of raffle programs 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. 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.
(c)
Each organization licensed to conduct raffles shall report promptly
after the conclusion of each raffle to its membership, and the Village,
its gross receipts, expenses and net proceeds from raffles, and the
distribution of net proceeds itemized as required in this section.
Such reports shall be filed with the Village Clerk no later than 45
days after each single gathering or occasion at which winning chances
are determined.
(d)
Records required by this section shall be preserved for three
years, and organizations shall make available their records relating
to operation of raffles for public inspection at reasonable times
and places.
[Ord. 89-9, 6-5-1989, § 1]
The President and Board of Trustees of the Village or their designated agent, may publish rules and regulations consistent with this § 22-11 or Illinois law governing the conduct of raffles licenses hereunder.
[Ord. 89-9, 6-5-1989, § 1]
Whenever used in this § 22-11, the word "organization" shall include an auxiliary or affiliate of a licensee.
[Ord. 89-9, 6-5-1989, § 1]
Any person, firm or corporation found guilty of violating any provision of this § 22-11 shall be punished by a fine not to exceed $500.
[Ord. 89-9, 6-5-1989, § 1]
Nothing in this § 22-11 shall be construed to authorize the conducting or operating of any gambling scheme, enterprise, activity or device other than a raffle provided for herein.
[Ord. 89-9, 6-5-1989, § 1]
If any section, paragraph, subdivision, clause, sentence or provisions of this § 22-11 shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, invalidate or nullify the remainder of this § 22-11 but the effect thereof shall be confined to the section, paragraph, subdivision, clause, sentence or provision immediately involved in the controversy in which judgment or decree shall be rendered.
