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Home My WebLink AboutG36-82 Ordinance No. G36-82 AN ORDINANCE ESTABLISHING A SYSTEM FOR LICENSING RAFFLES IN T E CITY OF ELGIN WHEREAS, the City of Elgin, pursuant to Public Act 81-1365, as amended, entitled "An Act to provide for licensing and regulating certain games of chance and amending certain Acts herein named" is empowered to establish a system for the licensing of organizations to operate raffles. Article I -- Definitions Section 1. State Law. Whenever reference herein is made to "State Law" it shall mean and-170775 an Act of the General Assembly of the State of Illinois, entitled "an Act to provide for licensing and regulating certain games of chance and amending certain Acts herein named," approved August 5, 1981, as amended. Section 2. Raffle Licensing Agent for the City of Elgin is the Kane County Clerk. Section 3. Other. Unless the context otherwise indicates, all words and phrases used ei ein shall have the same meaning as the same or similar words or phrases defined and used in this State Law. Article II -- Qualifications Section 1. Applicants. A license to operate a raffle shall be issued only to bona fide religious, charitable, labor, fraternal, education, or veterans' organizations, that operate without profit to their members and which have been in existence continuously for a period of 5 years immediately before making application for a license and which have had during that entire 5 year period a bona fide membership engaged in carrying out their objects. Section 2. No license shall be issued to: (a) any person who has been convicted of a felony; (b) any person who is or has been a professional gambler or gambling promoter; (c) any person who is not of good moral character; (d) any firm or corporation in which a person defined in (a) , (b) , or (c) has a proprietary, equitable, or credit interest, or in which such a person is active or employed; (e) any organization in which such a person defined in (a), (b) , or (c) is an officer, director or employee, whether compensated or not; (f) any organization in which a person defined in (a), (b) , or (c) is to participate in the management or operation of a raffle as defined by State Law. Article III -- Application Section 1. Required Information. Application forms shall be furnished by the Raffle Licensing Agent and filed with same. Said applications shall show the following: (a) the name and address of the applicant; (b) the date, time and location at which winning chances will be determined; (c) place and date of chartering or incorporation of applicant, if applicable; (d) name, address, telephone number, Social Security number and date of birth of presiding officer, secretary, and raffle manager of applicant; (e) the area or areas in which raffle tickets will be sold; (f) a list of prizes and the retail of each prize to be awarded in a single raffle; and (g) the price to be charged for each ticket sold. Section 2. The license application shall contain a sworn statement attesting to the accuracy of the information provided and to the not-for- profit character of the prospective licensee. Said statement shall be signed by the presiding officer, secretary, and raffle manager of that prospective licensee. Section 3. An application for a license under this ordinance is valid for one raffle only. Section 4. Any raffle in which the aggregate value of the prizes is less than $500 shall be licensed without necessity of a fee. Article IV -- Regulations Governing Licensee Section 1. Conduct of Raffles. The conduct of raffles is subject to the following restrictions: (a) The entire net proceeds of any raffle must be exclusively devoted to the lawful purposes of the licensee permitted to conduct that game. (b) No person except a bona fide member of the licensee organiza- tion may participate in the management or operation of the raffle. (c) No person may receive any remuneration or profit for partici- pating in the management or operation of the raffle. (d) Raffle chances may be sold or issued only within the area or areas specified on the license. (e) Winning chances must be determined only at the time, date, and location specified on the license. ea. (f) Any person selling raffle chances must carry a copy of the license issued for the raffle. Section 2. Raffle Limits. (a) The aggregate retail value of all prizes or merchandise awarded by a licensee in a single raffle, shall not exceed $50,000.00. (b) The maximum retail value of each prize awarded by a licensee in a single raffle, shall not exceed $50,000.00. (c) The maximum price which may be charged for each raffle chance issued or sold, shall not exceed $100.00. (d) The maximum number of days during which chances may be issued or sold, shall not exceed 180. (e) The license shall not be valid for more than 210 days. Section 3. Raffle Manager and Bond. (a) All operation and conduct of raffles shall be under the supervision of a single raffle manager as designated on the license application. (b) The manager shall give a fidelity bond in the sum of the aggregate retail value of the prizes as set out on the application. The bond shall be in favor of the organiza- tion conditioned upon the raffle manager's honesty in the performance of his duties. Said bond shall provide that notice shall be given in writing to the licensing authority not less than thirty days prior to its cancellation period. If the retail value of the prizes exceed $15,000, such bond shall be by a corporate surety. Section 4. Records. (a) Gross receipts from the operation of raffle programs shall be segregated from other revenues of the licensee; (including bingo gross receipts, if bingo games are also conducted by the same licensee pursuant to license issued by the Depart- ment 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 and expenses from the operation of raffles shall not be the same person who accounts for other revenues of the organization. (b) Each licensee shall keep records of gross receipts, expenses, and net proceeds for each single raffle at which winning chances are determined. All reasonable operating expenses deducted from gross receipts for each single raffle 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 name and address of the recipient. The distribution of net proceeds shall be itemized as to payee, purpose amount, and date of payment. (c) Each licensee, within thirty days (30) of the raffle, shall report to its membership and to the Raffle Licensing Agent each of the following: (1) gross receipts generated by the conducting of the raffle; (2) an itemized list of all reasonable operating expenses which have been deducted from the gross receipts; (3) net proceeds from the conducting of the raffle; (4) an itemized list of the distribution of the net proceeds; and (5) a list of prize winners. (d) Records required by this Section shall be preserved for three (3) years, and the organization shall make available for public inspection their records relating to the operation of a raffle at reasonable times and places. Section 5. Nothing in the ordinance shall be construed to authorize the All conducting or operating of any gambling scheme, enterprise, activity, or device other than raffles as provided by State Law. Article V -- Fees License fees for permits shall be paid in accordance with the following schedule of fees: Aggregate Price Value Fee Less than $500 None $501 to $5000 $ 5.00 $5001 and over $25.00 Article VI -- Administration The Raffle Licensing Agent shall be charged with the administration and enforcement of this Ordinance. Article VII -- Severability Clause Section 1. If any provision of this ordinance or the application thereof is held to be unconstitutional or otherwise invalid by a court of competent jurisdiction, such ruling shall not affect any other provisions of this ordi- nance not specifically included in such ruling or which can be given effect without the unconstitutional or invalid provision or application; and to this end, the provisions of this ordinance are declared severable. s/ Elmer Hansen Elmer Hansen, Mayor Pro Tern Presented: June 23, 1982 i Passed: June 23, 1982 t` Vote: Yeas 5 Nays 1 Recorded: Published: Attest: s/ Marie Yearman Marie Yearman, City Clerk r r