[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]
[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:
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 on the public.
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.
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.
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.
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.
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, 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 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 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.
[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:
[Amended 4-7-2021 by Ord.
No. 21-04-2181A]
(1)
The aggregate value of all prizes or merchandise awarded by a licensee
in a single raffle shall not exceed $100,000.
(2)
The retail value of each prize awarded by a licensee in a single
raffle shall not exceed $100,000.
(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 180.
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.
[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.
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]
[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.
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.
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]
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:
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 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.
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.
The location where the poker run concludes and the prize
is, or prizes are, awarded.
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.
An organization which has been issue a license to operate
a raffle.
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.
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.
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.
Any church, congregation, society, or organization founded
for the purpose of religious worship.
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.
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.
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.
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:
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.
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.
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.
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.
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.
