[Added 8-10-2021 by Ord. No. 2021-08-01]
For the purpose of this article, the words and phrases listed
hereunder have the meanings designated herein, except when a particular
context clearly requires a different meaning:
The division of the Village Finance Department that is responsible
for all functions related to receivables management.
The total retail value of all prizes to be raffled by any
organization, licensed under this article, during the license period.
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 service rendered to
those eligible for benefits must also confer some benefit upon the
public.
The Village of Brownstown, Illinois.
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 who otherwise
would be cared for by the government.
The location where the poker run concludes and the prize
or prizes are awarded.
An organization composed of workers organized with the objective
of the betterment of the conditions of those engaged in such pursuit
and the development of a higher degree of efficiency in their respective
occupations.
An organization which has been issued a license to operate
a raffle or poker run.
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 or poker run.
Organized, operated and conducted on a not-for-profit basis
with no personal profit incurring to anyone as a result of said operation.
An organization 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 illness, disability,
accident or disaster.
An individual, firm, organization, public or private corporation,
government, partnership or unincorporated association.
A prize-awarding event organized by an organization licensed
under this article 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.
A form of lottery, as defined in § 5/28-2(b) of
the Criminal Code of 2012 (720 ILCS, Title III), conducted by an organization
licensed under this article 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 means, 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.
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.
(A)
It shall be unlawful 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 said raffle has been licensed in accordance with this
article.
(B)
It shall be unlawful to conduct or operate a poker run unless said
poker run has been licensed in accordance with this article.
A person eligible for licensure under this article desiring
to hold more than one raffle during the license period may apply for
a multiple raffle license. For purposes of this section only, a raffle
is considered to be a single location and time of determining a winning
chance(s). Multiple prizes and drawings may be held at any one time
and location.
Any person seeking to conduct or operate a raffle shall file
an application therefor with the Village's Accounts Receivable Department,
on forms provided. Said application shall contain the following information:
(A)
The name, address and type of organization;
(B)
The length of existence of the organization and, if incorporated,
the date and state of incorporation;
(C)
The name, address, telephone number, and date of birth of the organization's
presiding officer, secretary, raffles manager and any other members
responsible for the conduct and operation of the raffle;
(D)
The annual aggregate retail value of all prizes to be awarded;
(E)
The maximum retail value of each prize to be awarded;
(F)
The maximum price charged for each raffle chance issued or sold;
(G)
The estimated gross annual sales of chances;
(H)
The geographic area or areas in which raffle chances will be sold
or issued;
(I)
The time period during which raffle chances will be issued or sold;
(J)
The time and location at which winning chances will be determined
(note: the application may be amended by a telephone call from an
officer of the organization to the Accounts Receivable Department
not less than three days prior to the drawing and confirmed in writing
by the organization);
(K)
A sworn statement attesting to the not-for-profit character of the
applicant organization, signed by its presiding officer and secretary;
(L)
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.
Any person seeking to conduct or operate a poker run shall file
an application therefor with the Village's Accounts Receivable Department,
on forms provided. Said application shall contain the following information:
(A)
The name, address and type of organization;
(B)
The length of existence of the organization and, if incorporated,
the date and state of incorporation;
(C)
The name, address, telephone number, and date of birth of the organization's
presiding officer, secretary and any other members responsible for
the conduct and operation of the poker run;
(D)
The time period during which the poker run will be conducted;
(E)
The time and location at which winning chances will be determined
(note: the application may be amended by a telephone call from an
officer of the organization to the Accounts Receivable Department
not less than three days prior to the event and confirmed in writing
by the organization);
(F)
A sworn statement attesting to the not-for-profit character of the
applicant organization, signed by the presiding officer and secretary;
(G)
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; and
(H)
The purpose for which the poker run is being conducted.
(A)
Raffle licenses shall be issued only to bona fide charitable, educational,
fraternal, labor, business, religious 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 that entire
five-year period a bona fide membership engaged in carrying out their
objectives, or to a nonprofit fund-raising organization that the Accounts
Receivable Department 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 illness, disability, accident or disaster.
(B)
Poker run licenses shall be issued only to bona fide charitable,
educational, fraternal, labor, business, 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 poker run license and which have had during that entire five-year
period a bona fide membership engaged in carrying out their objectives.
The Accounts Receivable Department may waive the five-year requirement
for a bona fide charitable, educational, fraternal, labor, business,
religious or veterans organization that applies for a license to conduct
a poker run 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. Poker run licenses shall be issued for
the following purposes:
(C)
The following are ineligible for any license under this article:
(1)
Any person who has been convicted of a felony;
(2)
Any person who is or has been a professional gambler or gambling
promoter;
(3)
Any person who is not of good moral character;
(4)
Any organization in which a person defined in Subsection (A),
(B) or (C) above has a proprietary, equitable or credit interest,
or in which such person is active or employed;
(5)
Any organization in which a person defined in Subsection (A),
(B) or (C) above is an officer, director or employee, whether compensated
or not; and
(6)
Any organization in which a person defined in Subsection (A),
(B) or (C) above is to participate in the management or operation
of a raffle as defined herein.
(A)
The Accounts Receivable Department shall review all raffle and poker
run license applications within 10 days from the date of application
and shall, within 30 days from the date of application, approve or
deny a license application. If an application is approved, the Accounts
Receivable Department shall forthwith issue a license to the applicant.
A raffle license shall be valid for a period of one year from the
effective date. The Accounts Receivable Department may approve a raffle
license up to 60 days prior to the effective date of the license.
A poker run license shall be valid for one event.
(B)
All raffle licenses shall be numbered consecutively in the calendar
year of the effective date and order in which they are issued (e.g.,
R-1-82, R-2-82, R-3-82, etc.). Accounts Receivable shall keep an accurate
record of the licenses and numbers issued.
(C)
All poker run licenses shall be numbered consecutively in the year
and order in which they are issued (e.g., P-1-82, P-2-82, P-3-82,
etc.). The Accounts Receivable Department shall keep an accurate record
of the licenses and numbers issued. The license shall include the
name and address of each predetermined location.
The operation and conduct of raffles and 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 licensee;
(B)
No person except a bona fide member of the licensee may participate
in the management or operation of the raffle or poker run;
(C)
No person may receive remuneration or profit for participating in
the management or operation of the raffle or poker run;
(D)
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 article. A premises where a poker run is held
is not required to obtain a license if the name and location of the
premises is listed as a predetermined location on the license issued
for the poker run and the premises does not charge for use of the
premises;
(E)
Raffle chances may be sold, offered for sale, conveyed, issued or
otherwise transferred for value only within the area specified on
the license; and the winning chances may be determined only at the
location specified on the license;
(F)
Each raffle chance shall bear the raffle license number as assigned
by the Accounts Receivable Department; except if all chances are sold
only at the site of the drawing, on the day of the drawing, the chances
need not bear the raffle license number; in such an event, the license
number shall be displayed in some prominent place on the premises;
(G)
No person under the age of 18 years may participate in the operation
or conduct of raffles or poker runs. A person under the age of 18
years may be within the area where winning chances in a raffle or
scores in a poker run are being determined only when accompanied by
his parent or legal guardian; and
(H)
No raffle chance shall be sold, offered for sale, conveyed, issued
or otherwise transferred for value to any person under the age of
18 years; however, any person may make a gift of a chance to any person
of any age.
The operation and conduct of a raffle shall be under the supervision
of a single raffle manager designated by the licensee. The manager
shall give a fidelity bond equal in amount to the aggregate retail
value of all prizes to be awarded in favor of the licensee conditioned
upon his honesty in the performance of his duties. The 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 bonding requirements
set forth herein may be waived by the Village, if the applicant provides
sufficient proof that the applicant's members have unanimously approved
the waiver.
(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 raffles or poker runs 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 state Department
of Revenue, proceeds must be placed in a separate account. Each licensee
shall keep separate records of its raffles 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 promptly after the conclusion of each
raffle or poker run to its membership. Each raffle licensee shall
report promptly to the Accounts Receivable Department its gross receipts,
expenses and net proceeds from the raffle, and the distribution of
net proceeds itemized as required herein. (Note: Forms for reporting
are available at the office of the Accounts Receivable Department.)
(D)
Raffle and 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.
The following fees shall be paid to the Village's Accounts Receivable
Department at the time the application is filed:
The annual aggregate retail value of all prizes awarded in a
single year by a single raffle licensee shall not exceed $1,000,000,
and the retail value of any one prize awarded in a single raffle shall
not exceed $1,000,000.
The price which may be charged for each raffle chance sold,
offered for sale, conveyed, issued or otherwise transferred for value
shall not exceed $100.
Any person who violates this article shall be subject to the general penalty found at § 1-1-41 of this Code.
