[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:
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 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)]
The location where the poker run concludes and the prize
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 issued a license to operate
a raffle or poker run.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
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)]
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 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)]
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:
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;
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 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.
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;
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.
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.
