HomeMy WebLinkAboutOrdinance #1248ORDIIIAI~dCE NO. 1248
AN ORDIi~IA1CE A~IENDIIIG TITLE 3, CliliPTE~: 1 OF TI-IE CANTObt lU~tICIPAL
CODE CONCER'i'12NG LICENSING OF RAFFLES j~?ITiiIid TIi1 CITY OF C~`~I•?TON,
FUL`1~iJ COUi~1TY, ILLI"rd0I5
t°IIiI~2EAS, the State of Illinois has, by Public Act 81-1 365,
authorized the City of Canton to establis;~ a system for the
licensing of organizations to operate raffles; and,
I?iP.~';EAS, the City Council of the Cite of Canton, Fulton
County, Illinois has determined that it is in the best interest of
the City of Canton, to amend `s~itle 3, Chapter 1 concerning the
permitting, licensing, and regulation of raffles by the City of
Carlton.
T~30I'd, TFiEREFORl, BL IT OF:OAII~IED I3Y THE CITY COUNCIL OF ^tIIE
CI'T'Y OF CAdTOI~t, Fulton County, Illinois as follo~~s:
1. `That the Canton City Council hereby finds the foregoing
recitals to be fact.
2. That Title 3, Chapter 1 of the Canton I~•iunicipal Code is
here?~~:~ amended to re<<d as -follot•~s:
°'3-1-19: RAFFL: LICEPdSIP~1G
Definitions: Unless the context otherwise requires, the words and
phrases herein defined are used in this Chapter is tine sense given
them in the followinc3 c?efinitions:
PdE`i' PF,OCEEilS: The ~~ross 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 .
RAI'FLL': A form of lottery, as defined in Section 23-2(b) of the
"Illinois Criminal Code of 1961'", conducted by an organization
licensed under this Chapter in which:
(1) The player pays or agrees to pay something of value for a
chance, represented and differentiated by a num'raer or by a
combination of numbers or by some other medium, one or more of
which chances is to be designated the :vinninc~ chance;
(2) ~i'he winning chance is to be deterrzined 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 he
determined by the outcome of a publicly exhibited sporting
contest.
i~10z~T-Pi~Oi,IT UT2GANIZATIOt<: 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.
CTIAtI'i'ALLh O_::GI~:~TTZA~i'TUl r'ln organization or institution organized
and operated to benefit an indefinite number of the public. The
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service rendered to those eligible for benefits must also confer
some benefit on the public.
E17UCATIONAL ORG~'~,T~IIZATIOId: 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.
RL;LIGIOUS ORGANIZATIO~1: Any church, congregation, society, or
organization founded for the purpose of religious worship.
FI2ATI~2NAL ORGAI•dIZA7'IOi3: An organization of persons having a
common interest, the primary interest of c•~hich is to both promote
the welfare of its members and to provide assistance to the
general public in such a ~~,ay as to lessen the burdens of
government by caring for those that otherwise would be cared for
by the government.
VETET',AiQS URGAI'dIZATIOId: An organization or association comprised
of members of which substantially all are individuals who are
veterans or spouses, wido~~~s, 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.
LA130it OI~GF~IQIZATIOtd: AT1 organization composed of woryers organized
with the objective of betterment of the conditions of those
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engaged in such pursuit and the development of a higher degree of
efficiency in their respective occupations.
BUSIi~J~`ESS ORGt~NIZATIUN: r~ voluntary organization composed of
individuals and businesses who have joined together to advance the
commercial, financial, industrial and civic interest of a
community .
3-1-19.1 : LICENSIVG:
ra. LOCATIOPI: Sales of raffle chances shall be only at locations
designated in the license application and which are within the
corporate limits of the City of Canton, Illinois.
B. ELIGIBILITY FUR LICEI~TSE: Licenses shall be issued only to
bona fide religious, charitable, labor, fraternal, educational,
veterans or business organizations tiZat operate without profit to
their rnemk~ers and which have been in existence continuously for a
period of five (5) years immediately before mal>ing application for
a license and cahich have had during the entire 5 year period a
bona fide membership engaged in carrying out their objectives.
C. DURATIOT~d OF LICEiVSE: Licenses shall permit the applicant to
issue or sell raffle chances only for those dates stated in the
license application, but in no event shall the period of sales
exceed 1S0 days. Each license is valid for one raffle only.
D. T•'uT~XII~lU~1 VALUE OF PRIZES: (1 ) The aggregate retail value of
all prices or merchandise awarded by a licensee in a single raffle
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shall not exceed $150,000.00 dollars.
(2) The retail value of each individual price awarded by a
licensee in a single raffle shall not exceed X150,000.00 dollars.
E. PRICE OF CFIAI7CES: The price charged for each raffle chance
sold o-r issued shall not exceed ;250.00 dollars.
3-1-19.2 : LICENSE, APPLIC<~TIO~d, RLSri'i2ICTI0IdS:
A. r?o person, firm or corporation shall conduct a raffle e~ithout
having first obtained a license therefor.
B. Each application for a license shall be in ~~~riting upon forms
provided by the City Clerk of the City of Canton and shall contain
the following:
1. Name and address of individual making application.
2. P~~ame and address of organization applying for a license.
3. Approximately number of members of the organization and the
length of existence of the organization.
4. ~1arne and address of the raffle manager.
5. The location(s) at 4~hich raffle chances are to be sold or
issued.
6. "1'he time period during which raffle chances will be sold or
issued.
7. The maximum number of raffle chances to be sold.
8. Tl~ie time of determination of winning chances.
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9. The location(s) at ~~~hich winning chances will he determined.
10. A s~aonz statement, signed by the presiding officer, and
secretary, if there is one, of the organization attesting to
the not for profit character of the organization, and
attesting to the fact the organization is not otherwise
ineligible to receive a license.
11. much other information as the City clerk may require.
C. Lach application for a license shall be accompanied by payment
of a fee of >5.00.
ll. r'lpplication for licenses shall be submitted to the Canton City
Cler}:. The City Clerk shall act to either issue or deny the
license ~•~ithin 5 working days.
3-1-19.3 : IIVLLIGIBILITY: 'The following are ineligible for any
license under this Chapter:
(a) Any person who has been convicted of a felony;
(b) Any person who is or has been a professional gambler or
gambling promoter;
(c) Any person who is not of goad moral character;
(d) %~ny firm or coraoration in which a person defined in (a),
(l.~), or (c) has a L~roprietary, equitable or credit interest,
or in cahich such a person is active or employed;
(e) Any organization in which a person defined in (a), (b) or (c)
is an officer, director, or employee, whether compensated or
not;
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(f ) Zany organization in cahich a person defined in ( a) , ( b) , or
(c) is to participate in the management or operation of a
raffle .
3-1-1 9.4: RAFFLE i~7AI~1AGIsc~, BOI~1D: All operations of, and the
conduct of, raffles shall be under the supervision of a single
raffle manager designated by the organization. At the time the
application is submitted to the Canton City Clerk the manager
shall give a fidelity bond in the amount of the maximum dollar
amount of all raffle chances to be sold, as stated on the
application, in favor of the organization conditioned upon his
honesty in the performance of his duties.
The above bond requirement may be waived by the unanimous vote of
the members of the organization. The occurrence of said unanimous
vote shall be by affidavit of the organizations's presiding
officer, filed ,pith the Canton City Cleric.
3-1-1 9.5: RECORDS Ai~1D REPORTS:
(a) Each organization licensedd to conduct raffles shall keep
records or 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 item
or service or other reason for the deduction, and the recipient.
The distribution of net proceeds shall be itemized as to pa~~ee,
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purpose, amount, and date of payment.
(b) Gross receipts from the operation of raffle programs shall be
segregated frorl other revenues of the organization, including
bingo gross receipts, if bingo games are also conducted by the
same non-profit organization pursuant to license therefore issued
by the Department of Revenue of the State of Illinois, and placed
in separate account. Each organization shall have separate
records for its raffles. The person who accounts for gross
receipts, e:~penses 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 raffles shall report
rlonthly to its rlembership, and to the Canton City Clerk its gross
receipts, expenses and net proceeds frorn raffles, and the
distribution of net proceeds itemized as required by this section.
(d) Records required by this section shall be preserved for three
(3) years, and organizations shall make available their records
relating to operation of raffles for public inspection at
reasonable times and places.
3-1-19.6: PEidAL'I'Y: any person, firm, corporation, society,
association or organization that violate any provision of this
Section 19 shall be finecl not less than ono hundred dollars
(;100.00) nor more than five hundred dollars (:500.00).°'
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3. z'hat this Ordinance shall be in full force and effect ten (10)
days of ter its passage by the City Council of the City of Canton,
Fulton County, Illinois, approval by the t~~Iayor thereof, and
publication in pamphlet form as provided by law.
PASSED by the City Council of the City of Canton, Fulton County,
Illinois at a regular meeting this 6th clay of June , 1989,
upon a roll call vote as follows:
t3YES• Aldermen Chapman, May, Meade, Saxff, Steck, Zilly,
Kovachevich.
T~IAYS; None.
A:t3SE~`I'• Alderman Bohlen.
APPROVED:
~~
Donald E. Edwards, ~~ayor
ATTEST:
i ~ c
Nancy tv'hit , City Clerl:
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APPLICATION FOR A RAFFLE LICENSE
1, Name of Applicant S.S. #
Address of organization applying for license
2, Approximate number of members of the organization
3. Length of existence of the organization
4 , Name of Raffle manager
Address of raffle manager
5. The location(s) at which raffle chances are to be sold or issued
6. The time period during which raffle chances will be sold or issued
7. The maximum number of raffle chances to be sold.
8, The time of determination of winning chances.
9, The location(s) at which winning chances will be determined.
10. Each application for a license shall be accompanied by payment of a
fee of $5.00.
Applicant
Raffle Manager
Date 19
Subscribed and sworn to before me this day of
19
Notary Public