Stephenson County, IL
 
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Table of Contents
Table of Contents
[HISTORY: Adopted by the County Board of Stephenson County as indicated in article histories. Amendments noted where applicable.]
[Adopted 11-10-1980 (Ch. 4 1/2, Art. II, of the 1977 Code]

§ 331-1 Definitions.

[Amended 9-9-1986 by Ord. No. 86-90]
For the purposes of this article, the terms defined in this section have the meanings given herein:
BUSINESS
A voluntary organization composed of individuals and businesses who have joined together to advance the commercial, financial, industrial and civic interests of a community.
CHARITABLE
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 on the public.
EDUCATIONAL
An organization or institution organized and operated to provide systematic instruction in the useful branches of learning by methods common to schools and institutions of learning which compare favorably in their scope and intensity with a course of study presented in tax-supported schools.
FRATERNAL
An organization of persons having a common interest, the primary interest of which is to promote the welfare of its members and 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
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 occupations.
NET PROCEEDS
The gross receipts 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.
NONPROFIT
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.
RAFFLE
A form of lottery, as defined in Section 28-2(b) of the Criminal Code of 1961, conducted by an organization licensed under this article in which:
A. 
The player pays or agrees to pay something of value for a chance, represented and differentiated by a number or a combination of numbers or by some other medium, 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
Any church, congregation, society, or organization founded for the purpose of religious worship.
VETERANS
An organization or association comprised of members of which substantially all are individuals who are veterans or are 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 public benefit.

§ 331-2 Prizes; license fees; authorized licensees.

[Amended 11-13-1984 by Ord. No. 84-62; 5-14-1985 by Ord. No. 85-68; 9-9-1986 by Ord. No. 86-90; 12-8-1987 by Ord. No. 87-12-116; 4-11-1989 by Ord. No. 89-04-138; 6-11-1991 by Ord. No. 91-06-168; 2-11-1997 by Ord. No. 97-02-221]
A. 
Value of prizes; price of chances; number of days chances may be sold. The County Board hereby establishes the following limitations in the conduct of operating the raffles licensed under this article:
(1) 
The aggregate value of all prizes or merchandise awarded by a licensee in a single raffle shall not exceed $45,000.
(2) 
The retail value of each prize awarded by a licensee in a single raffle shall not exceed $25,000.
(3) 
The price which shall be charged for each raffle chance or book of raffle chances shall not exceed $100.
(4) 
The number of days during which said chances or books of chances may be issued or sold shall be 120.
B. 
License fee; refund.
[Amended 8-10-2011 by Res. No. 11-08-1821; 6-13-2013 by Ord. No. 13-06-1988]
(1) 
The license fee for each raffle conducted pursuant to this article shall be set from time to time by the Stephenson County Board. A portion of the fee shall be refunded to the raffle organization upon filing of its written report as required under § 331-6C. The County Clerk shall act on a license application within 20 days from the date that the applicant has completed all requirements for the license.
(2) 
The license issued under this article shall authorize the sale of raffle chances in areas of Stephenson County which are within the borders of the County but outside the borders of any municipality and in any village or municipality that has entered into an agreement with Stephenson County for the issuance of raffle licenses.
C. 
Issuance of license only to certain organizations. Licenses shall be issued only to bona fide religious, charitable, labor, fraternal, educational, veterans', or business 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 which have had, during that entire five-year period, a bona fide membership 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 financial hardship as a result of an illness, disability, accident or disaster.

§ 331-3 License restrictions; persons ineligible for license.

[Amended 12-8-1987 by Ord. No. 87-12-116]
A. 
Licenses issued under this article are subject to the following restrictions:
(1) 
No person, firm or corporation shall conduct raffles or chances without first having obtained a license therefor pursuant to this article.
(2) 
The license and application for license must specify the area or areas within Stephenson County in which raffle chances will be sold or issued, the time period during which raffle chances will be sold or issued, the time of determination of the winning chances and the location or locations at which winning chances will be determined.
(3) 
The license application must contain a sworn statement attesting to the not-for-profit character of the prospective licensing organization signed by the presiding officer and the secretary of that organization.
(4) 
A license issued pursuant to this article shall be valid for one raffle or for a specified number of raffles to be conducted during a specified period not to exceed one year.
B. 
The following are ineligible for any license under this article:
(1) 
A person who has been convicted of a felony.
(2) 
A person who is or who has been a professional gambler or gambling promoter.
(3) 
Any person who is not of good moral character.
(4) 
Any firm or corporation in which a person defined in Subsection B(1), (2) or (3) 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 B(1), (2) or (3) is an officer, director or employee, whether compensated or not.
(6) 
Any organization in which a person defined in Subsection B(1), (2) or (3) is to participate in the management or operation of a raffle as defined in this article.

§ 331-4 Conduct of raffles.

The conducting of raffles is subject to the following further restrictions:
A. 
The entire net proceeds of any raffle must exclusively be devoted to the lawful purpose of the organization permitted to conduct the raffle.
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. 
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.
E. 
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.
F. 
A person under the age of 18 years may participate in the conducting of the raffles or chances 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 his parent or guardian.
[Amended 8-10-2011 by Res. No. 11-08-1821]

§ 331-5 Raffles manager; bond.

[Amended 6-13-2013 by Ord. No. 13-06-1988]
All operation and conduct of the raffles shall be under the supervision of a single raffles manager designated by the organization. The manager shall give a fidelity bond in a sum equal to the estimated gross revenue of the raffle in favor of the organization, conditioned on his honesty and performance of his duties. The bond shall provide that notice shall be given in writing to the County Clerk not less than 30 days prior to cancellation. The County Clerk may waive this bond requirement by including a waiver provision in the license issued to an organization under this article, provided that a license containing such waiver provision shall be granted only by a unanimous vote of the members of the licensed organization.

§ 331-6 Records.

A. 
Each organization licensed to conduct raffles 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 items, 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 shall be segregated from other revenues of the organization, including bingo gross receipts, if bingo games are also conducted by the same not-for-profit organization pursuant to its license issued by the Department of Revenue of the State of Illinois, and placed in a separate account. Each organization shall have separate records of each 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 a raffle shall, within 30 days after the conclusion of each raffle, report to its membership, and to the County Board, by filing a written report with the County Clerk, its gross receipts, its expenses and net proceeds from the raffle, and the distribution of net proceeds itemized as required in this section.
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.

§ 331-7 Penalty.

Violation of any of the provisions of this article shall be punishable as provided in Chapter 1, General Provisions, Article II, Penalties, § 1-11, of this Code.

§ 331-8 Interpretation.

Nothing in this article shall be construed to authorize the conducting or operation or any gambling scheme, enterprise, activity or device other than raffles as provided for herein.
[Adopted 9-11-2014 by Ord. No. 14-09-2103]

§ 331-9 Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
BUSINESS
A voluntary organization composed of individuals and businesses who have joined together to advance the commercial, financial, industrial and civic interests of a community.
CHARITABLE
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 on the public.
EDUCATIONAL
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
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.
HARDSHIP
A nonprofit fundraising organization that has not been in existence continuously for a period of five years immediately before making application for a license 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.
KEY LOCATION
The location where the poker run concludes and the prize is, or prizes are, awarded.
LABOR
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 occupations.
LICENSEE
An organization which has been issue a license to operate a raffle.
NET PROCEEDS
The gross receipts 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 or poker run.
NONPROFIT
An organization or institution organized and conducted on a not-for-profit basis with no personal profit inuring to any one as a result of the operation.
POKER RUN
An event organized by an organization licensed under this chapter in which participants travel to multiple predetermined locations, including a key location, drawing a playing card or equivalent item at each location, in order to assemble a facsimile of a poker hand or other numeric score. "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 at each location.
RELIGIOUS
Any church, congregation, society, or organization founded for the purpose of religious worship.
VETERANS
An organization or association composed 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.

§ 331-10 License required.

It shall be unlawful for any person, firm, business, corporation, organization or other entity to conduct or operate a poker run without having first obtained a license therefor pursuant to this article and the Raffles and Poker Runs Act.[1]
[1]
Editor's Note: See 230 ILCS 15/0.01 et seq.

§ 331-11 Application for license.

A. 
Any person, firm, business, corporation, organization or other entity seeking to conduct or operate a poker run with a key location in Stephenson County shall file an application therefor with the County Clerk on the forms provided by the County Clerk's office.
B. 
Applications for licenses under this section must contain the following information:
(1) 
The name and address of the applicant organization;
(2) 
The type of organization that is conducting poker run, i.e., religious, charitable, labor, fraternal, educational, veterans or other;
(3) 
The length of existence of the organization and, if incorporated, the date and state of incorporation;
(4) 
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;
(5) 
The name, address, and telephone number of all locations at which the poker run will be conducted; provided, however, if the locations are to be determined by the participant, then such application need only include the starting location, the key location and any location where winning chances will be determined;
(6) 
The time period during which the poker run will be conducted;
(7) 
The time of determination of winning chances and the location or locations at which the winning chances will be determined;
(8) 
A sworn statement attesting to the not-for-profit character of the prospective licensee organization signed by the presiding officer and the secretary of that organization; and
(9) 
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.
C. 
An application for a license to conduct or operate a poker run shall be accompanied by a nonrefundable filing fee of $25. Such fee shall be paid by cash, check or cashier's check. The County Clerk's office shall refer the application to the County Clerk. The filing fee of $25 shall cover all poker runs specified in the application for a time period of up to one year from the date of the application.

§ 331-12 Licensee qualifications.

A. 
Poker run licenses shall be issued only to bona fide religious, charitable, labor, business, 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 which have had during that entire five-year period a bona fide membership engaged in carrying out their objects, or to a nonprofit fundraising organization that the County Clerk 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 an illness, disability, accident or disaster. The County Clerk may waive the five-year requirement under this subsection for a bona fide religious, charitable, labor, business, fraternal, educational, 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. The following are ineligible for any poker run license:
(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(1), (2), or (3) of this section 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(1), (2), or (3) of this section is an officer, director, or employee, whether compensated or not; and
(6) 
Any organization in which a person defined in Subsection A(1), (2), or (3) of this section is to participate in the management or operation of a poker run as defined in this section.

§ 331-13 License issuance.

A. 
The County Clerk shall review all poker run license applications. The County Clerk shall, within 30 days from the date of application, accept or reject a poker run license application. If an application is accepted, the County Clerk shall forthwith issue a poker run license to the applicant.
B. 
A poker run license shall specify:
(1) 
The name and address of the predetermined locations, as set forth on the application, at which the poker run will be conducted;
(2) 
The time period during which the poker run will be conducted; and
(3) 
The time of determination of winning chances and the location or locations at which the winning chances will be determined.
C. 
Any license issued under this article shall be nontransferable.
D. 
Each license shall be valid for one or more specified number of poker runs to be conducted on a particular date or over a specified time period not to exceed one year and may be suspended or revoked for any misrepresentation on the application, any violation of this article or state law, or when such poker run or portion thereof is conducted so as to constitute a public nuisance or to disturb the peace, health, safety or welfare.
E. 
Any license issued shall cover the entire poker run, including locations other than the key location. Each license issued shall include the name and address of each location at which the poker run will be conducted; provided, however, if the locations are to be determined by the participant, then such license need only be displayed at the starting location, the key location and any location where winning chances will be determined.
F. 
The license shall be prominently displayed at each location at which the poker run is conducted or operated; provided, however, if the locations are to be determined by the participant, then such license need only be displayed at the starting location, the key location and any location where winning chances will be determined.

§ 331-14 Conduct of poker runs.

A. 
The operation and conduct of poker runs is subject to the following restrictions:
(1) 
The entire net proceeds of any poker run must be exclusively devoted to the lawful purposes of the organization permitted to conduct that game.
(2) 
No person except a bona fide member of the sponsoring organization may participate in the management or operation of the poker run.
(3) 
No person may receive any remuneration or profit for participating in the management or operation of the poker run.
(4) 
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.
(5) 
A playing card or equivalent item may be drawn only within the area specified on the license, and winning hands may be determined only at those locations specified on the license.
(6) 
A person under the age of 18 years may participate in the conducting of 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 hands or scores in a poker run are being determined only when accompanied by his parent or guardian.
B. 
If a lessor rents premises where a winning hand or score in a poker run is determined, the lessor shall not be criminally liable if the person who uses the premises for the determining of winning chances does not hold a license issued by the County.

§ 331-15 Manager; bond.

A. 
All operations of and conduct of poker runs shall be under the supervision of a single poker run manager designated by the organization. The manager or operator of the poker run must be a bona fide member of the organization holding the license for such a poker run and may not receive any remuneration or profit for participating in the management or operation of the poker run.
B. 
The manager shall give a fidelity bond in a sum equal to the estimated gross revenue of the run in favor of the organization, conditioned upon his/her honesty in the performance of his/her duties. Terms of the bond shall provide that notice shall be given in writing to the County not less than 30 days prior to its cancellation.
C. 
The County Clerk is authorized to waive this bond requirement by including a waiver provision in the license issued to an organization under this article, provided that a license containing such waiver provision shall be granted only by unanimous vote of the members of the licensed organization.

§ 331-16 Records.

A. 
Each organization licensed to conduct poker runs shall keep records of its gross receipts, expenses and net proceeds for each single gathering or occasion at which winning hands or scores in a poker run are determined. All deductions from the 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 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 poker runs. The person who accounts for the gross receipts, expenses, and net proceeds from the operation of poker runs shall not be the same person who accounts for other revenues of the organization.
C. 
Each organization licensed to conduct poker runs shall report monthly to its membership, and to the County Clerk of Stephenson County, Illinois, its gross receipts, expenses and net proceeds from poker runs, and the distribution of net proceeds itemized as required by this section.
D. 
Records required by this section shall be preserved for three years, and the organization shall make available its records relating to operation of poker runs for public inspection at reasonable times and places.
E. 
The County shall maintain the records required by this section in compliance with the Raffles and Poker Runs Act[1] and the Local Records Act, 50 ILCS 205/1 et seq.
[1]
Editor's Note: See 230 ILCS 15/0.01 et seq.

§ 331-17 Interpretation.

Nothing in this article shall be construed to authorize the conducting or operating of any gambling scheme, enterprise, activity, or device other than poker runs as provided for herein.

§ 331-18 Severability.

The articles, provisions, and sections of this Chapter 331, Article II, shall be deemed to be separable, and the invalidity of any portion of this article shall not affect the validity of the remainder.