Village of Sidney, IL
Champaign 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 President and Board of Trustees of the Village of Sidney 3-5-2018 by Ord. No. 2018-02. Amendments noted where applicable.]
The purpose of this chapter is to allow for the issuance of raffle licenses.
There is hereby established a "raffles and chances license," which license 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 the license as provided for in this chapter and which have had, during the entire five-year period, a bona fide membership engaged in carrying out their objectives and who have complied with the provisions of this chapter and the provisions of the Raffles Act, 230 ILCS 15/0.01 et seq., as amended, or to a nonprofit fund-raising organization that the Village 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.
A limitation in the amount of $100,000 is hereby imposed upon the aggregate retail value of all prizes or merchandise awarded by a license in a single raffle. A limitation in the amount of $50,000 is hereby imposed upon the maximum retail value of each prize awarded by a licensee in a single raffle. A limitation in the amount of $125 is hereby imposed upon each raffle chance which is issued or sold in a single raffle. The number of days a licensee may sell chances for a single raffle is limited to 120 days prior to such raffle.
A. 
No license shall be granted to an applicant unless the designated fees are paid at the time the license application is submitted to the Village. License fees, once paid, are not refundable.
B. 
Classifications and fees. All raffle licenses shall be classified as follows based upon the aggregate retail value of all prizes to be awarded and will pay the fees set forth in Chapter 130, Fees, of the Village Code.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(1) 
Class A, less than $5,000: automatically licensed without the necessity of an application.
(2) 
Class B, $5,000 or greater.
The Village Clerk of the Village of Sidney shall act upon any application for licenses submitted to and pursuant to the provisions of this chapter within 45 days from the date such application shall have been filed with the Village Clerk.
Raffle chances authorized to be issued or sold pursuant to the provisions of this chapter may be sold only within the boundaries specified on the license.
A license issued pursuant to the provisions of this chapter shall be subject to the following restrictions:
A. 
No person, firm or corporation shall conduct a raffle by the provisions of this chapter without first having obtained a license therefor as provided for in this chapter.
B. 
An application for a license pursuant to the provisions of this chapter must specify the area or areas within the Village within raffle chances may be sold or issued, as well as the time and place for the determination of the winning chance.
C. 
The license issued pursuant to the provisions of this chapter must specify the area or areas within the Village within which raffle chances may be sold or issued, and the time and place for the determination of the winning chance or chances.
D. 
An application for a license pursuant to the provisions of this chapter must contain a sworn statement attesting to the not-for-profit character of the prospective licensee organization and that the organization meets all the requirements of this chapter and the Raffles Act, 230 ILCS 15/0.01 et seq., as amended, and must be signed by the presiding officer and secretary of such organization.
The following are ineligible for any license issued pursuant to this chapter:
A. 
Any person who has been convicted of a felony;
B. 
Any person who has been a professional gambler or gambling promoter;
C. 
Any person who is not of good moral character;
D. 
Any firm or corporation in which a person defined in Subsection A, B or C has a proprietary, equitable or credit interest, or in which such a person is active or employed;
E. 
Any organization in which a person defined in Subsection A, B or C is to participate in the management or operation of a raffle as defined in this chapter; and
F. 
Any organization which fails to meet all the requirements of this chapter and the Raffles Act, 230 ILCS 15/0.01 et seq., as amended.
Each raffle conducted pursuant to a raffle and chances license issued as provided for in this chapter shall be subject to the following restrictions:
A. 
The entire net proceeds of any raffle must be exclusively devoted to the lawful purposes 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 chances in a raffle only from an organization which is also licensed under the provisions of this chapter;
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; and
F. 
No person under the age of 18 years may participate in the conducting of raffles or chances. 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.
All operations of and the conduct of Class B raffles as provided for in this chapter shall be under the supervision of a single manager designated by the organization. Such manager shall give a fidelity bond in the sum of $5,000 or two times the aggregate value of prizes, whichever is less, in favor of the licensee conditioned upon his honesty in the performance of his duties. The bond shall provide that notice shall be given in writing to the Village of Sidney not less than 30 days prior to cancellation. Bonds as provided for in this section may be waived by the Village by the inclusion of a waiver provision in the license, provided that a license containing such a waiver provision shall be granted only by unanimous vote of the members of the licensed organization.
A. 
Each organization licensed pursuant to the provisions of this chapter to conduct a raffle shall keep records of its gross receipts, expenses and net proceeds for each single raffle. All deductions from gross receipts for each single raffle shall be documented with receipts or other records indicating the amount, a description of the purchased items or service or other reason for 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 each single raffle 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 a 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 each separate raffle. The person who accounts for gross receipts, expenses and net proceeds from the operation of each raffle shall not be the same person who accounts for other revenues of the organization.
C. 
Each organization licensed to conduct a raffle under the provisions of this chapter shall report to its membership, and to the Village of Sidney, its gross receipts, expenses and net proceeds from each 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 any raffle for public inspection and inspection by the Village at reasonable times and places.
Nothing contained in this chapter shall be construed to authorize the conducting or operating of any gambling scheme, enterprise activity or device other than raffles as provided for in this chapter.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any person, firm or corporation violating or failing to comply with any provision of this chapter shall be fined not more than $750 for each offense, and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues.
Applicants shall submit a written, sworn application substantially similar to the application form attached hereto and by reference incorporated herein.[1]
[1]
Editor's Note: The application form is available in the Village offices.