[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.Â
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.
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.Â
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.Â
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.Â
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.Â
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.Â
Any person who has been convicted of a felony;
B.Â
Any person who has been a professional gambler or gambling promoter;
C.Â
Any person who is not of good moral character;
F.Â
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.Â
The entire net proceeds of any raffle must be exclusively devoted
to the lawful purposes of the organization permitted to conduct the
raffle;
B.Â
No person except a bona fide member of the sponsoring organization
may participate in the management or operation of the raffle;
C.Â
No person may receive any remuneration or profit for participating
in the management or operation of the raffle;
D.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.
