CHAPTER 99

§ 99.02 CONSTRUCTION.

In the construction of this chapter, the definitions hereunder shall be observed and applied, except when the context clearly indicates otherwise:

Words used in the present tense shall include the future; words used in the singular number shall include the plural number; and the plural number shall include the singular number.
The word SHALL is mandatory and not discretionary.
The word MAY is permissive or discretionary.
Words not defined shall be interpreted in accordance with definitions contained in Webster's New Collegiate Dictionary (1973 edition).

(Ord. 1527, passed 7-20-87)

§ 99.03 DEFINITIONS.

For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.

CHANCE. A number or a combination of numbers, or some other symbol or combination of symbols, one or more of which chances is represented to qualify for designation as the winning chance.

CHARITABLE ORGANIZATION. An organization or an 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 upon the public.

CITY. The city of Washington, Illinois.

CITY COUNCIL. The City Council of the city of Washington, Illinois.

CITY CLERK. The City Clerk of the city of Washington, Illinois.

EDUCATIONAL ORGANIZATION. 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.

FRATERNAL ORGANIZATION. 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 who otherwise would be cared for by the government.

LABOR ORGANIZATION. 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.

LICENSEE. An organization which has been issued a license to operate a raffle.

NET PROCEEDS. The gross receipts from the conduct of raffles, less sums expended for prizes, local license fees, and other reasonable operating expenses incurred as a result of operating a raffle.

NONPROFIT. Organized, operated, and conducted on a not-for-profit basis with no personal profit inuring to anyone as a result of said operation.

PERSON. An individual, firm, organization, public or private corporation, government, partnership, or unincorporated association.

PRIZE. The goods, services, money or other items of value or consideration awarded or represented to be awarded to the winning chance or chances.

RAFFLE. A form of lottery, as defined in Section 28-2(b) of the "Criminal Code of 1961," conducted by an organization licensed under said Criminal Code 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 means, one or more of which chances is to be designated the winning chance; and

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.

RELIGIOUS ORGANIZATION. Any church, congregation, society, or organization founded for the purpose of religious worship.

VETERANS ORGANIZATION. 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.

(Ord. 1527, passed 7-20-87)

§ 99.04 LICENSE REQUIREMENTS.

It shall be unlawful to conduct or operate a raffle or to sell, offer for sale, convey, issue, or otherwise transfer for value a chance on a raffle unless said raffle has been licensed in accordance herewith.

(Ord. 1527, passed 7-20-87) Penalty, see § 99.99

§ 99.05 AREA LIMITATION ON SALE OF CHANCES.

No license issued pursuant to this chapter authorizes any person or organization to conduct or operate a raffle or to sell, offer for sale, convey, issue, or otherwise transfer for value a raffle chance outside the corporate limits of the city and no persons or organizations shall conduct or operate a raffle licensed pursuant to this chapter outside the corporate limits of the city.

(Ord. 1527, passed 7-20-87) Penalty, see § 99.99

§ 99.06 APPLICATION.

Any person seeking to conduct or operate a raffle shall file an application therefor with the City Clerk on forms provided by the City Clerk. Said application shall contain the following information:

The name, address, and type of organization;
The length of existence of the organization and, if incorporated, the date and state of incorporation;
The name, address, telephone number, social security 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;
The aggregate retail value of all prizes to be awarded in the raffle;
The maximum retail value of each prize to be awarded in the raffle;
The maximum price charged for each raffle chance issued or sold;
The time period during which raffle chances will be issued or sold; the same to be not more than one hundred twenty (120) days after issuance of the license;
The time and location at which winning chances will be determined;
A detailed description of the method of determining the winning chances.
A sworn statement attesting to the not-for-profit character of applicant organization, signed by its presiding officer and secretary; and
A certificate signed by the presiding officer of the applicant organization attesting to the fact that the information contained in application is true and correct.

(Ord. 1527, passed 7-20-87)

§ 99.07 LICENSE QUALIFICATIONS.

Raffle licenses shall be issued only to bona fide charitable, educational, fraternal, labor, religious, and veterans organizations that operate without profit to their members and which have been in existence continuously for a period of five years or more immediately before making application for a license and which have had during that entire five (5) year period a bona fide membership engaged in carrying out their objects. The following are ineligible for any raffle license:

Any person who has been convicted of a felony;
Any person who is or has been a professional gambler or gambling promoter;
Any person who is not of good moral character;
Any organization in which a person defined in divisions (A) through (C) above has a proprietary, equitable, or credit interest, or in which such person is active or employed;
Any organization in which a person defined in divisions (A) through (C) above is an officer, director, or employee, whether compensated or not; and
Any organization in which a person defined in divisions (A) through (C) above is to participate in the management or operation of a raffle as defined herein.

(Ord. 1527, passed 7-20-87)

§ 99.08 LICENSE ISSUANCE.

The Chief of Police shall review all raffle license applications, recommend approval or denial, and submit them to the City Clerk within ten (10) days from the date of application. The City Clerk shall, within thirty (30) days from the date of application, accept or reject a raffle license application. If an application is accepted, the City Clerk shall forthwith issue a raffle license to the applicant. If an application is rejected by the City Clerk, the applicant may appeal said rejection directly to the Washington City Council.

A single raffle license may be valid for as long as one (1) year and may provide for as many as fifty-two (52) weekly raffles. No individual raffle may be conducted for a period in excess of one hundred twenty (120) days, unless the City has specifically authorized a license for a longer period of time or grant an extension.

(Ord. 1527, passed 7-20-87; Am. Ord. 1666, passed 4-15-91; Am. Ord. 2887, passed 5-17-10)

§ 99.09 CONDUCT OF RAFFLES.

The operation and conduct of raffles are subject to the following restrictions:

The entire net proceeds of any raffle must be exclusively devoted to the lawful purpose of the licensee;
No person except a bona fide member of the licensee may participate in the management or operation of the raffle;
No person may receive remuneration or profit for participating in the management or operation of the raffle;
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;
Raffle chances may be sold, offered for sale, conveyed, issued or otherwise transferred for value only within the city; the winning chances may be determined only at the location specified on the license;
No person under the age of eighteen (18) years may participate in the operation or conduct of raffles. A person under the age of eighteen (18) years may be within the area where winning chances are being determined only when accompanied by his parent or guardian; and
No chance shall be sold, offered for sale, conveyed, issued or otherwise transferred for value to any person under the age of eighteen (18) years; however, any person may make a gift of a chance to any person of any age.

(Ord. 1527, passed 7-20-87) Penalty, see § 99.99

§ 99.10 RAFFLES MANAGER.

The operation and conduct of all raffles held under one license shall be under the supervision of a single raffle manager designated by the licensee. In the case of a license allowing multiple raffles, the same raffle manager must supervise all raffles under the license. The raffle manager shall give a fidelity bond equal in the amount to the aggregate retail value of all prizes to be awarded in favor of the licensee conditioned upon his honesty in the performance of his duties. The terms of the bond shall provide that notice shall be given in writing to the City of Washington not less than thirty (30) days prior to its cancellation. The City Council may 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.

(Ord. 1527, passed 7-20-87; Am. Ord. 1666, passed 4-15-91)

§ 99.11 RECORDS.

Each licensee shall keep records of 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 payee, purpose, amount, and date of payment.
Gross receipts from the operation of raffles shall be segregated from other revenues of the licensee including bingo gross receipts, if bingo games are also conducted by the same non-profit organization pursuant to license therefor issued by the Department of Revenue of this state, and placed in a separate account. Each licensee shall keep separate records of its raffles. The person who accounts for gross receipts, expenses, and net proceeds from the operation of raffles shall not be the same person who accounts for other revenues of the licensee.
Each licensee shall report to its membership and to the city its gross receipts, expenses and net proceeds from the raffle, and the distribution of net proceeds itemized as required herein. If a license is valid for more than thirty (30) days the report shall be made monthly.
Raffle records shall be preserved for three (3) years, and organizations shall make available their records relating to the operation of raffles for public inspection at reasonable times and places.
Notwithstanding any provisions herein to the contrary, all licensees holding a license allowing multiple raffles must file all required reports with the city within thirty (30) days of the conclusion of each individual raffle. A licensee holding a license allowing multiple raffles, and which licensee holds more than one such raffle in any thirty (30) day period, may file a single report document reporting the results of all raffles held and which have not previously been reported every thirty (30) days, and may exclude from said single report document any raffle held within three (3) days prior to the filing of said single report document. Any raffle so excluded from a current single report document shall be reported on the next filed single report document.

(Ord. 1527, passed 7-20-87; Am. Ord. 1666, passed 4-15-91; Am. Ord. 1678, passed 8-5-91) Penalty, see § 99.99

§ 99.12 FEE SCHEDULE.

No fee will be charged, and no fee must be submitted, when an application is made for a license to conduct a single raffle.
A raffle fee will be charged, and a fee must be submitted, when an application is made for a license to conduct more than one raffle under a single license. The amount of the fee will be equal to one dollar ($1.00) for each raffle included within the license.
Any and all raffles payable, as hereinabove provided, are nonrefundable even if the application is rejected by the City Council.

(Ord. 2081, passed 7-7-97)

§ 99.13 SALE LIMITATIONS.

Chances may not be sold, offered for sale, conveyed, issued, or otherwise transferred for value after the time designated in the application made pursuant to § 99.06(H) as the time at which winning chances will be determined.

(Ord. 1527, passed 7-20-87) Penalty, see § 99.99

§ 99.14 PRIZE LIMITATIONS.

The aggregate retail value of all prizes awarded in a single raffle shall not exceed twenty-five thousand dollars ($25,000).

(Ord. 1527, passed 7-20-87; Am. Ord. 2807, passed 12-1-08) Penalty, see § 99.99

§ 99.15 CHANCE LIMITATION.

The price which may be charged for each raffle chance sold, offered for sale, conveyed, issued, or otherwise transferred for value shall not exceed the following schedule:

Aggregate Retail Value of Prizes	Chance Price
Less than $100.00	$1.00
$100.00 or more but less than $500.00	$5.00
$500.00 or more but less than $1,000.00	$10.00
$1,000.00 or more but less than $10,000.00	$20.00
$10,000.00 or more	$100.00

(Ord. 1527, passed 7-20-87) Penalty, see § 99.99

§ 99.16 AWARDING OF PRIZE.

Upon the sale, conveyance, issuance or other transfer for value of any chance, the licensee shall award the prize or prizes designated as such in the application made pursuant to § 99.06(H).

(Ord. 1527, passed 7-20-87) Penalty, see § 99.99

§ 99.17 SEVERABILITY.

If any provision of this chapter or the application thereof is held to be unconstitutional or otherwise invalid by a court of competent jurisdiction, such ruling shall not affect any other provisions of this chapter not specifically included in such ruling or which can be given effect without the unconstitutional or invalid provision or application; and to this end, the provisions of this chapter are declared severable.

(Ord. 1527, passed 7-20-87)

§ 99.18 LICENSE SUSPENSION OR REVOCATION.

The Chief of Police may suspend or revoke any license issued hereunder if he has reason to believe the licensee has failed to comply with any material requirement of this chapter. Nothing herein shall prevent the city from seeking penalties from the licensee in addition to suspension or revocation of a license.

(Ord. 1666, passed 4-15-91)

§ 99.99 PENALTY

Failure to comply with any of the requirements of this chapter shall constitute a violation; and any person, upon conviction thereof, shall be fined not more than five hundred dollars ($500.00) for each offense. Each day the violation continues shall be considered a separate offense.

(Ord. 1527, passed 7-20-87)