Village of Westville, IL
Vermilion County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Westville as Ch. 7, Art. VI, of the 2015 Code. Amendments noted where applicable.]
The following words, terms and phrases, when used in this chapter, 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 ORGANIZATION
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 ORGANIZATION
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 ORGANIZATION
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 fund-raising organization that has not been in existence continuously for a period of five years immediately before making application for a license that the Village 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 at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
KEY LOCATION
The location where the poker run concludes and the prize or prizes are awarded.
LABOR ORGANIZATION
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 issued a license to operate a raffle or poker run.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
NET PROCEEDS
The gross receipts from the conduct of raffles or poker runs, 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.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
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.
POKER RUN
A prize-awarding event organized by an organization licensed under this chapter 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.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
RAFFLE
A form of lottery, as defined in Section 28-2(b) of the Criminal Code of 2012 (720 ILCS 5/28-2), conducted by an organization licensed under this chapter, in which:
A. 
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 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 ORGANIZATION
Any church, congregation, society, or organization founded for the purpose of religious worship.
VETERANS' ORGANIZATION
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 for any person, firm, business, corporation, organization or other entity to conduct or operate a raffle, or to sell, offer for sale, convey, issue, or otherwise transfer for value a chance on a raffle without having first obtained a license therefor pursuant to this chapter and the Raffles and Poker Runs Act (230 ILCS 15/0.01 et seq.).
B. 
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 chapter and the Raffles and Poker Runs Act.
A. 
Any person, firm, business, corporation, organization or other entity seeking to conduct or operate a raffle shall file an application therefor with the Village Clerk on the forms provided by the Village Clerk.
B. 
Applications for licenses under this chapter must contain the following information:
(1) 
The name and address of the applicant organization;
(2) 
The type of organization that is conducting the raffle, 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, raffles manager and any other members responsible for the conduct and operation of the raffle;
(5) 
The aggregate retail value of all prizes or merchandise awarded by a licensee in a single raffle;
(6) 
The maximum retail value of each prize awarded by a licensee in a single raffle;
(7) 
The maximum price which may be charged for each raffle chance issued or sold;
(8) 
The maximum number of days during which chances may be issued or sold;
(9) 
The area in which raffle chances will be sold or issued;
(10) 
The time period during which raffle chances will be sold or issued;
(11) 
The date, time, and name and address of the location or locations at which winning chances will be determined;
(12) 
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
(13) 
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 raffle shall be accompanied by a nonrefundable filing fee. Such fee shall be paid by cash, credit card or cashier's check. The Village Clerk shall refer the application to the Mayor.[1]
[1]
Editor's Note: The "NOTE" which immediately followed this section was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. 
Any person, firm, business, corporation, organization or other entity seeking to conduct or operate a poker run shall file an application therefor with the Village Clerk on the forms provided by the Village Clerk.
B. 
Applications for licenses under this chapter must contain the following information:
(1) 
The name and address of the applicant organization;
(2) 
The type of organization that is conducting the raffle or 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;
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(5) 
The name, address, and telephone number of all locations at which the poker run will be conducted;
(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;
(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; and
(10) 
The area or areas within the Village in which the poker run will be conducted.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
C. 
An application for a license to conduct or operate a poker run shall be accompanied by a nonrefundable filing fee in an amount set from time to time by the Board of Trustees by resolution. Such fee shall be paid by cash, cashier's check, or credit card. The Village Clerk shall refer the application to the Mayor.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A. 
Raffle 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 fund-raising organization that the Mayor 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. Poker run licenses shall be issued only to bona fide religious, charitable, labor, business, fraternal, educational, 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 objects. Licenses for poker runs shall be issued for the following purposes: 1) 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; or 2) to maintain the financial stability of the organization. The Mayor may waive the five year requirement under this section for a bona fide religious, charitable, labor, business, fraternal, educational, or veterans' organization that applies for a license to conduct a raffle or 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.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
B. 
The following are ineligible for any raffle or poker run license:
(1) 
Any person whose felony conviction will impair the person’s ability to engage in the licensed position;
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(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 B(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 B(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 B(1), (2) or (3) of this section is to participate in the management or operation of a poker run as defined in this section.
A. 
The Mayor shall review all raffle license applications and all poker run license applications. The Mayor shall, within 30 days from the date of application, accept or reject a raffle or poker run license application. If an application is accepted, the Mayor shall forthwith issue a raffle or poker run license to the applicant.
B. 
A raffle license or poker run license shall specify:
(1) 
The area or areas within the Village in which raffle chances will be sold or issued or a poker run will be conducted;
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(2) 
The time period during which raffle chances will be sold or issued or a 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 chapter shall be nontransferable.
D. 
A license shall be valid for one raffle event or one poker run only, unless the Mayor specifically authorized a specified number of raffles or poker runs to be conducted during a specified period not to exceed one year.
E. 
A raffle license or poker run license may be suspended or revoked for any misrepresentation on the application, any violation of this chapter or state law, or when such raffle or poker run or portion thereof is conducted so as to constitute a public nuisance or to disturb the peace, health, safety or welfare.
F. 
Prominent display of license.
(1) 
A raffle license shall be prominently displayed at the time and location of the determination of the winning chances.
(2) 
A poker run license shall be prominently displayed at each location at which the poker run is conducted or operated.
G. 
Locations for poker run licenses. Any poker run 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.
A. 
The operation and conduct of raffles and poker runs are subject to the following restrictions:
(1) 
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.
(2) 
No person except a bona fide member of the sponsoring organization may participate in the management or operation of the raffle or poker run.
(3) 
No person may receive any remuneration or profit for participating in the management or operation of the raffle or poker run.
(4) 
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 chapter. 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) 
Raffle chances may be sold or issued only within the area specified on the raffle license, and winning chances may be determined only at those locations specified on the license for a raffle. A playing card or equivalent item may be drawn only within the area specified on the poker run license, and winning hands or scores may be determined only at those locations specified on said license.
(6) 
A person under the age of 18 years may participate in the conducting of raffles or 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 in a raffle or 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 chance on a raffle or 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 Village.
A. 
All operations of and conduct of raffles shall be under the supervision of a single manager designated by the organization. The manager or operator of the raffle must be a bona fide member of the organization holding the license for such a raffle and may not receive any remuneration or profit for participating in the management or operation of the raffle. Nothing in this section shall be deemed to apply to poker runs.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
B. 
The manager shall give a fidelity bond in the sum of $1,000 conditioned upon his honesty in the performance of his duties. 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 Mayor is authorized to waive this bond requirement by including a waiver provision in the license issued to an organization under this chapter, 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 raffles and chances or poker runs shall keep records of its gross receipts, expenses and net proceeds for each single gathering or occasion at which winning chances in a raffle or 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 raffles or 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 or poker runs. The person who accounts for the 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 organization.
C. 
Each organization licensed to conduct raffles or poker runs shall report monthly to its membership, and each organization licensed to conduct raffles shall report promptly to the Village Clerk, its gross receipts, expenses and net proceeds from the raffle, and the distribution of net proceeds itemized as required by this section.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
D. 
Records required by this section shall be preserved for three years, and the organization shall make available its records relating to operation of raffles and poker runs for public inspection at reasonable times and places.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
E. 
The Village shall maintain the records required by this section in compliance with the Raffles and Poker Runs Act and the Local Records Act (50 ILCS 205/1 et seq.).
Nothing in this chapter shall be construed to authorize the conducting or operating of any gambling scheme, enterprise, activity, or device other than raffles or poker runs as provided for herein.