| ||||
Public Act 099-0405 | ||||
| ||||
| ||||
AN ACT concerning gaming.
| ||||
Be it enacted by the People of the State of Illinois,
| ||||
represented in the General Assembly:
| ||||
Section 5. The Raffles and Poker Runs Act is amended by | ||||
changing Sections 0.01, 1, 2, 5, and 6 as follows:
| ||||
(230 ILCS 15/0.01) (from Ch. 85, par. 2300)
| ||||
Sec. 0.01. Short title. This Act may be cited as the
| ||||
Raffles and Poker Runs Act.
| ||||
(Source: P.A. 98-644, eff. 6-10-14.)
| ||||
(230 ILCS 15/1) (from Ch. 85, par. 2301)
| ||||
Sec. 1. Definitions. For the purposes of this Act the terms | ||||
defined
in this Section have the meanings given them.
| ||||
"Net proceeds" means the gross 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 or poker run.
| ||||
"Key location" means the location where the poker run | ||||
concludes and the prize or prizes are awarded. | ||||
"Poker run" means a prize-awarding an event organized by an | ||||
organization licensed under this Act in which participants | ||||
travel to multiple predetermined locations, including a key | ||||
location, to play a randomized game based on an element of |
chance drawing a playing card or equivalent item at each | ||
location, in order to assemble a facsimile of a poker hand or | ||
other numeric score . "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. | ||
"Raffle" means a form of lottery, as defined in Section | ||
28-2(b) of the
Criminal Code of 2012, conducted by an | ||
organization licensed under this Act, in which:
| ||
(1) 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;
| ||
(2) 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.
| ||
(Source: P.A. 97-1150, eff. 1-25-13; 98-644, eff. 6-10-14.)
| ||
(230 ILCS 15/2) (from Ch. 85, par. 2302)
| ||
Sec. 2. Licensing. | ||
(a) The governing body of any county or municipality
within | ||
this State may establish a system for the licensing of |
organizations
to operate raffles. The governing bodies of a | ||
county and one or more
municipalities may, pursuant to a | ||
written contract, jointly establish a
system for the licensing | ||
of organizations to operate raffles within any
area of | ||
contiguous territory not contained within the corporate limits | ||
of a
municipality which is not a party to such contract. The | ||
governing bodies
of two or more adjacent counties or two or | ||
more adjacent municipalities
located within a county may, | ||
pursuant to a written contract, jointly
establish a system for | ||
the licensing of organizations to operate raffles
within the | ||
corporate limits of such counties or municipalities. The
| ||
licensing authority may establish special categories of | ||
licenses and
promulgate rules relating to the various | ||
categories. The licensing system
shall provide for limitations | ||
upon (1) the aggregate retail value of all
prizes or | ||
merchandise awarded by a licensee in a single raffle, (2) the
| ||
maximum retail value of each prize awarded by a licensee in a | ||
single raffle,
(3) the maximum price which may be charged for | ||
each raffle chance issued
or sold and (4) the maximum number of | ||
days during which chances may be issued
or sold. The licensing | ||
system may include a fee for each license in an
amount to be | ||
determined by the local governing body. Licenses issued | ||
pursuant
to this Act shall be valid for one raffle or for a | ||
specified number of
raffles to be conducted during a specified | ||
period not to exceed one year
and may be suspended or revoked
| ||
for any violation of this Act. A local governing body shall act |
on a license
application within 30 days from the date of | ||
application. Nothing in this
Act shall be construed to prohibit | ||
a county or municipality from adopting
rules or ordinances for | ||
the operation of raffles that are more restrictive
than | ||
provided for in this Act. The governing body of a municipality | ||
may
authorize the sale of raffle chances only within the | ||
borders of the
municipality. The governing body of the county | ||
may authorize the sale of
raffle chances only in those areas | ||
which are both within the borders of the
county and outside the | ||
borders of any municipality.
| ||
(a-5) The governing body of Cook County may and any other | ||
county within this State shall may establish a system for the | ||
licensing of organizations to operate poker runs. The governing | ||
bodies of 2 or more adjacent counties may, pursuant to a | ||
written contract, jointly establish a system for the licensing | ||
of organizations to operate poker runs within the corporate | ||
limits of such counties. The licensing authority may establish | ||
special categories of licenses and adopt rules relating to the | ||
various categories. The licensing system may include a fee not | ||
to exceed $25 for each license. Licenses issued pursuant to | ||
this Act shall be valid for one poker run or for a specified | ||
number of poker runs to be conducted during a specified period | ||
not to exceed one year and may be suspended or revoked for any | ||
violation of this Act. A local governing body shall act on a | ||
license application within 30 days after the date of | ||
application. |
(b) Raffle licenses 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 5 years immediately before making | ||
application
for a raffle license and which have had during that | ||
entire 5-year 5 year period a bona
fide membership engaged in | ||
carrying out their objects, or to a non-profit
fundraising | ||
organization that the licensing authority 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 5 years immediately before making application | ||
for a poker run license and which have had during that entire | ||
5-year period a bona fide membership engaged in carrying out | ||
their objects. Licenses for poker runs shall be issued for the | ||
following purposes: (i) 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 (ii) to maintain the | ||
financial stability of the organization. A licensing authority |
may waive the 5-year requirement under this subsection (b) for | ||
a bona fide religious, charitable, labor, business, fraternal, | ||
educational, or veterans' organization that applies for a | ||
license to conduct a poker run if the organization is a local | ||
organization that is affiliated with and chartered by a | ||
national or State organization that meets the 5-year | ||
requirement.
| ||
For purposes of this Act, the following definitions apply. | ||
Non-profit:
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.
Charitable: 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:
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.
Religious: Any church, congregation, | ||
society, or organization founded for
the purpose of religious | ||
worship. Fraternal: 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. Veterans: 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.
Labor: 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.
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.
| ||
(c) Poker runs shall be licensed by the county governing | ||
body with jurisdiction over the key location. The license | ||
granted by the key location shall cover the entire poker run, | ||
including locations other than the key location. Each license | ||
issued shall include the name and address of each predetermined | ||
location. | ||
(Source: P.A. 98-644, eff. 6-10-14.)
| ||
(230 ILCS 15/5) (from Ch. 85, par. 2305)
| ||
Sec. 5. Manager; bond. All operation of and the conduct
of | ||
raffles and poker runs shall be under the supervision of a | ||
single manager
designated by the organization. The manager | ||
shall give a fidelity bond in an
amount determined by the |
licensing authority in favor of the
organization 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
| ||
licensing authority not less than 30 days prior to its | ||
cancellation. The
governing body of a local unit of government | ||
may waive this bond requirement by
including a waiver provision | ||
in the license issued to an organization under
this Act, | ||
provided that a license containing such waiver provision shall | ||
be
granted only by unanimous vote of the members of the | ||
licensed organization. Nothing in this Section shall be deemed | ||
to apply to poker runs.
| ||
(Source: P.A. 98-644, eff. 6-10-14.)
| ||
(230 ILCS 15/6) (from Ch. 85, par. 2306)
| ||
Sec. 6. Records. | ||
(a) Each organization licensed to conduct raffles and
| ||
chances or poker run events 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 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 programs | ||
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 and | ||
poker runs. The person who accounts for 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 or poker runs shall report promptly
after the conclusion | ||
of each raffle or poker runs or poker run
to its membership . | ||
Each organization licensed to conduct raffles shall report | ||
promptly , and to the licensing local unit of government , its | ||
gross
receipts, expenses and net proceeds from the raffle | ||
raffles or poker runs , and the distribution of
net proceeds | ||
itemized as required in this Section.
| ||
(d) Records required by this Section shall be preserved for | ||
3 years, and
organizations shall make available their records | ||
relating to operation of
raffles or poker runs for public | ||
inspection at reasonable times and places.
| ||
(Source: P.A. 98-644, eff. 6-10-14.)
| ||
Section 99. Effective date. This Act takes effect upon | ||
becoming law.
|