[Added 4-20-1982]
[Amended 2-19-2019[1]]
This article shall be effective in all of the areas of McLean
County outside the corporate limits of any city, town, or village
and also within the corporate limits of any city, town, or village
in McLean County where there is in effect a written contract between
the governing body of said city, town or village and the County Board
of McLean County for joining in the licensing of organizations to
operate raffles and poker runs.
[Amended 10-16-1984; 10-18-1994; 7-26-2005; 2-19-2019]
A.
The Chairman of the McLean County Board shall be the Raffle and Poker
Run Licensing Commissioner and shall head the Raffle and Poker Run
Licensing Commission appointed in accordance with the terms of this
article.
B.
The Raffle and Poker Run Licensing Commission shall consist of the
members of the Finance Committee of the McLean County Board.
A.
It shall be unlawful to sell, offer for sale, or operate in the territory
of McLean County under the jurisdiction of this article, any raffle
chance, poker hand, or poker run participation voucher without first
obtaining a license to operate a raffle or poker run, or in violation
of the terms of said license.
[Amended 2-19-2019]
B.
Application for said license shall be made in writing by the applicant
and filed with the McLean County Board office. Such application shall
be accompanied by the appropriate filing fee, if any, as required
herein. Such fee shall be paid by cash, check, or money order. The
County Board office shall refer the application as required herein
and shall remit the fee to the McLean County Treasurer if the license
is issued.
[Amended 2-19-2019]
C.
Review of license applications.
[Amended 10-18-1994; 12-20-1994; 1-16-1996; 2-19-2019]
(1)
The Raffle and Poker Run Licensing Commissioner or his designee shall
review all applications for Class A and Class B licenses and shall,
if such applications are in compliance with the provisions of this
article, issue said licenses. Class A and Class B applications shall
be acted upon within 30 days from the date of filing such application.
(2)
The Raffle and Poker Run Licensing Commission shall review all applications
for Class C licenses and, if such applications are in compliance with
the provisions of this article, shall issue said licenses. The Commission
shall act upon a license application within 30 days from the date
of application.
(3)
Class D licenses.
(a)
The Raffle and Poker Run Licensing Commission shall review all
applications for Class D licenses and shall, if such applications
are in compliance with the provisions of this article, recommend to
the County Board that the license be issued. The Commission shall
review applications for Class D licenses within 30 days from the date
of application.
(b)
The McLean County Board shall review all applications for Class
D licenses after said applications have first been reviewed and recommended
by the Raffle and Poker Run Licensing Commission. If such applications
are in compliance with the provisions of this article, the Board shall
issue said licenses within 60 days from the date of application.
(4)
Poker run licenses.
(a)
The Raffle and Poker Run Licensing Commissioner shall review
all applications for poker run licenses and shall, if such applications
are in compliance with the provisions of this article, issue said
licenses. Applications shall be acted upon within 30 days from the
date of filing such application.
(b)
Licenses for poker runs shall be issued for the following purposes:
(c)
Poker runs shall be licensed by the County with jurisdiction
over the key location. The license granted by the key location shall
cover the entire poker run, including locations other than the key
location. Each license issued shall include the name and address of
each predetermined location.
D.
Licenses shall be issued only to bona fide religious,
charitable, labor, fraternal, educational, business or veterans organizations
that operate without profit to the members and which have been in
existence continuously for a period of five years immediately before
making application for a license and which have had during that entire
five years a bona fide membership engaged in carrying out their objects,
or to a nonprofit fund-raising organization that the County determines
to be 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 an illness, disability, accident,
or disaster.
[Amended 10-18-1994]
E.
Licenses issued are subject to the following restrictions:
[Amended 10-15-1991; 10-18-1994; 2-17-2015; 2-19-2019]
(1)
No person, firm or corporation shall conduct raffles, chances, or
poker runs without have first obtained a license therefor pursuant
to this article.
(2)
The license and application for license must specify the area or
areas within the jurisdiction of this article in which raffle chances,
participation vouchers, or poker hands will be sold or issued, the
time period during which raffle chances, participation vouchers, or
poker hands will be sold or issued, the time determination of winning
chances and the location or locations at which winning chances will
be determined.
(3)
A license application must contain a sworn statement attesting to
the not-for-profit character of the prospective licensee organization,
signed by the presiding officer and the secretary of the organization.
(4)
Raffle licenses issued pursuant to this article shall be valid for
one raffle, or a specified number of raffles to be conducted during
a specified period of time not to exceed one year.
(5)
The maximum time period during which raffle chances, participation
vouchers, or poker hands may be issued or sold for any one raffle
or poker run shall be one year.
A.
License
classifications.
(1)
A Class A license shall authorize the operation of
a raffle where the aggregate retail value of all prizes or merchandise
awarded by a licensee in a single raffle does not exceed $1,000, where
the maximum retail value of each prize awarded by a licensee in a
single raffle does not exceed $1,000 and where the maximum price charged
for each raffle chance issued or sold does not exceed $5.
(2)
A Class B license shall authorize the operation of
a raffle where either the prize values or the price per chance exceeds
the maximums set forth for a Class A license, and where the aggregate
retail value of all prizes or merchandise awarded by a licensee in
a single raffle does not exceed $20,000, where the maximum retail
value of each prize awarded by a licensee in a single raffle does
not exceed $20,000 and where the maximum price which may be charged
for each raffle chance issued or sold does not exceed $100.
(3)
A Class C license shall authorize the operation of
a raffle where either the prize values or the price per chance exceeds
the maximums set forth for a Class B license, and where the aggregate
retail value of all prizes or merchandise awarded by a licensee in
a single raffle does not exceed $200,000, where the maximum retail
value of each prize awarded by a licensee in a single raffle does
not exceed $200,000 and where the maximum price which may be charged
for each raffle chance issued or sold does not exceed $300.
[Added 10-18-1994; 2-16-1999]
(4)
A Class D license shall authorize the operation of a raffle where the aggregate value of the prizes awarded does not exceed $500,000, a fee simple interest in real estate is offered as a first prize or a cash prize in an amount equal to at least 50% of the value of the fee simple interest in real estate is offered as an alternative first prize, and the maximum price charged for each chance issued or sold does not exceed $300. A Class D license may be issued only upon the submission of an application as provided in § 257-29 and, in addition thereto, submission of the following:
[Amended 12-20-1994; 11-21-2017]
(a)
A copy of a ruling or determination letter issued
to, or for the benefit of, the applicant by the United States Internal
Revenue Service providing that the applicant meets the requirements
of Section 101(6) of the Internal Revenue Code of 1939, or of Section
501(c)(3) of the Internal Revenue Code of 1954, as amended; and
(b)
A narrative statement describing the purpose
of the proposed raffle and, in figures and numbers, the estimated
gross proceeds of the sale of raffle chances, the administrative cost
of the raffle, and the intended use of the net proceeds derived from
the proposed raffle; and
(c)
A written agreement signed by an authorized
officer of the applicant holding the County of McLean, its Board members,
officers, employees and attorneys harmless from any claim or cause
of action (whether state or federal) for injury or damages arising
out of, or in any way related to, the subject raffle or to any property
(real and/or personal) conveyed by the applicant pursuant to the subject
raffle; and
(d)
An affidavit signed by the owner of said real
estate which verifies that on the date of application the fair market
value of said real estate to be raffled does not exceed $500,000 and
that the applicant has full authority to make said real estate the
subject of the raffle. The affidavit shall also be notarized.
(5)
A Class A poker run license shall authorize the operation of a poker
run where the aggregate retail value of all prizes or merchandise
awarded by a licensee in a single poker run does not exceed $1,000
and where the maximum price charged for each participation voucher
or poker hand issued or sold does not exceed $5.
[Added 2-19-2019]
(6)
A Class B poker run license shall authorize the operation of a poker
run where the aggregate retail value of all prizes or merchandise
awarded by a licensee in a single poker run does not exceed $20,000
and where the maximum price charged for each participation voucher
or poker hand issued or sold does not exceed $100.
[Added 2-19-2019]
B.
Fees. Filing fees for Class A, B, C and D raffle licenses and Class A and B poker run licenses shall be as set forth in Chapter 205, Fees.
[Amended 4-18-1989; 10-18-1994; 12-20-1994; 2-16-1999; 2-17-2015; 2-19-2019]
C.
No raffle shall be conducted and no license for such
raffle shall be issued within the territory under the jurisdiction
of this article where the prize values or the price per chance exceeds
the maximums set herein for a Class D license.
[Added 12-20-1994]
D.
No poker run shall be conducted and no license for such poker run
shall be issued within the territory under the jurisdiction of this
article where the prize values or the price per chance exceeds the
maximum set herein for a Class B poker run license.
[Added 2-19-2019[1]]
[1]
Editor's Note: This ordinance also redesignated former
Subsection D as Subsection E.
E.
All fees shall be payable at the time the application
is filed, and in the event that the application for a license is denied,
the fee shall be returned to the applicant by the County Board office.
checks or money orders are to be made out to the McLean County Treasurer.
[Amended 10-18-1994; 12-20-1994]
[Amended 2-17-2015; 2-19-2019]
The conducting of raffles and poker runs is subject to the following
restrictions:
A.
The entire net proceeds of any raffle or poker run 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 or poker
run.
C.
No person may receive any 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
chances in a raffle or poker run only from an organization which is
also licensed under this article.
E.
Raffle chances, poker hands, and participation vouchers 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.
F.
A person under the age of 18 years may participate in the conducting
of raffles, 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 are being determined only when accompanied
by a parent or guardian.
[Amended 10-18-1994; 12-20-1994; 2-19-2019]
All operation of and the conduct of raffles and poker runs shall
be under the supervision of a single raffle or poker run manager designated
by the licensed organization.
A.
Bond requirements.
(1)
In the case of Class A and B raffles, the manager
shall give a fidelity bond in a sum equal to the aggregate retail
value of all prizes or merchandise to be awarded in the raffle, with
two sureties thereon who are residents of the State of Illinois, and
who are acceptable to the issuing authority, or with a solvent surety
company licensed to do business in the State of Illinois, in favor
of the sponsoring licensee, conditioned upon his honesty and performance
of his duties. Terms of the bond shall provide that notice shall be
given in writing to the Commission not less than 30 days prior to
its cancellation. The issuing authority shall consider the bond and
shall have the right to disapprove the bond.
(2)
In the case of Class C and D raffles, the manager
shall give a fidelity bond in a sum equal to the aggregate retail
value of all prizes and merchandise to be awarded in the raffle with
a solvent surety bond company licensed to do business in the State
of Illinois, in favor of the sponsoring licensee, conditioned upon
his honesty and performance of his duties. Terms of the bond shall
provide that notice be given in writing to the Commission not less
than 30 days prior to its cancellation. The issuing authority shall
consider the bond and shall have the right to disapprove the bond.
(3)
In the case of poker runs, the manager shall give a fidelity bond
in a sum equal to the aggregate retail value of all prizes or merchandise
to be awarded in the raffle, with two sureties thereon who are residents
of the State of Illinois, and who are acceptable to the issuing authority,
or with a solvent surety company licensed to do business in the State
of Illinois, in favor of the sponsoring licensee, conditioned upon
his honesty and performance of his duties. Terms of the bond shall
provide that notice shall be given in writing to the Commission not
less than 30 days prior to its cancellation. The issuing authority
shall consider the bond and shall have the right to disapprove the
bond.
(4)
Fidelity bonds shall be conditioned upon the faithful
observance by the licensee of this article upon the provisions of
all laws of the State of Illinois and the United States of America
applying to raffles.
B.
Waiver of bond requirement.
(1)
The issuing authority may, in its discretion, waive
this bond requirement for Class A raffles only subject to the following
conditions:
(a)
Upon the unanimous vote to the members of the
licensed organization that said requirements may be waived.
(b)
A written waiver is filed with the application
for the licensee.
(c)
The license application must contain a sworn
statement attesting to the unanimous vote of the members of the licensed
organization, signed by the presiding officer and the secretary of
said organization.
(2)
A license issued to the organization shall include
a provision that the fidelity bond has been waived.
[Amended 10-18-1994; 2-17-2015; 2-19-2019]
A.
Each organization licensed to conduct raffles, chances, or poker
runs shall keep records of its gross receipts, expenses and net proceeds
for each single gathering or occasion at which winning games are determined.
All deductions from gross receipts for each single gathering or occasion
shall be documented with receipts or other records indicating the
amount, 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 raffle programs and poker runs
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
and poker runs. The person who accounts for gross receipts, expenses
and net proceeds from the operation of raffles and poker runs shall
not be the same person who accounts for other revenues of the organization.
C.
Each organization licensed to conduct raffles or poker runs shall
report promptly after the conclusion of each occurrence to its membership,
and to the County, its gross receipts, expenses and net proceeds from
raffles or poker runs, and the distribution of net proceeds itemized
as required in this section.
D.
Records required by this article shall be preserved for three years,
and the organization shall make available its records relating to
operations of raffles and poker runs for public inspection at reasonable
times and places.
A.
The Raffle and Poker Run Licensing Commission, by a majority vote
at a convened meeting, may issue, revoke or suspend any license in
accordance with the provisions of this article or on the basis of
provisions of any State of Illinois law pertaining to raffles or poker
runs.
[Amended 2-19-2019]
B.
In case of a tie vote of the members of the Commission at a convened
meeting, the Raffle and Poker Run Licensing Commissioner shall vote
to break the tie.
[Amended 2-19-2019]
C.
Licenses issued pursuant to this article may be suspended
or revoked for any violation of this article.
D.
When any licensee shall have its license revoked for
any cause, no license shall be granted to said licensee for a period
of one year thereafter.
[Amended 10-18-1994]
Any person or organization violating any provision
of this article shall be guilty of a Class C misdemeanor, and a separate
offense shall be deemed committed each day during or on which the
violation occurs or continues.
[Amended 2-19-2019]
Nothing in this article shall be constructed to authorize the
conducting or operating of any gambling scheme, enterprise, activity
or device other than raffles and poker runs as provided for herein.
