ORDINANCE NO. 2007-32

AN ORDINANCE ADDING TITLE 3, CHAPTER 12, RAFFLES, IN THE VILLAGE OF MINOOKA, WILL COUNTY, GRUNDY COUNTY, AND KENDALL COUNTY, STATE OF ILLINOIS

WHEREAS, the Village President and Board of Trustees of the Village of Minooka, Will, Grundy and Kendall County, Illinois has the authority to adopt ordinances and to promulgate rules and regulations that pertain to its government and affairs and protect the public health, safety, and welfare of its citizens; and

WHEREAS, the Illinois Raffles Act, 230 ILCS 15/0.01 et seq., authorizes the Village to establish a system of licensing raffles; and

WHEREAS, the Village President and Board of Trustees has determined that it is in the best interest of the welfare and safety of its citizens that the conduct of raffles within the Village be licensed and regulated.

NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND THE BOARD OF TRUSTEES OF THE VILLAGE OF MINOOKA, WILL COUNTY, GRUNDY COUNTY, AND KENDALL COUNTY, ILLINOIS, AS FOLLOWS;

SECTION 1. The President and Board of Trustees hereby finds that all of the recitals contained in the preamble to this Ordinance are true, correct and complete and are hereby incorporated by reference herein.

SECTION 2. That Title 3, Chapter 12, Raffles, shall be added as follows:

For the purposes of this chapter, the following words as used herein shall be construed to have the meanings herein ascribed thereto:

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.

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.

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.

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.

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

Non-profit: An organization or institution organized and conducted on a not-for-profit basis with no personal profit inuring to anyone as a result of the operation.

ON-LINE: Connected to, served by, or available through an electronic information service or the Internet, through a computer or telecommunications system; or done while connected to such a system, e.g. online shopping.

Raffle: A form of lottery, as defined in Section 28-2(b) of the "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 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.

Religious: Any church, congregation, society, or organization founded for the purposes of religious worship.

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.

No person, firm, corporation or other entity shall conduct raffles or chances without having first procured a valid raffle license issued by the Village President. The license shall be issued to the operator of said raffle. Such license shall be in addition to any other license required by this code or Illinois statutes. This chapter applies to raffles: 1) if the applicant sells raffle chances on-line, or 2) if the aggregate retail value of all prizes or merchandise is more than $10,000.00.

1. An applicant for a raffle license shall submit to the Village President an application in writing under oath at least thirty (30) days prior to the first day intended for sale of the raffle chances.
2. Applications for licenses under this chapter must contain, but is not limited to, the following information:
   1. Name, age, address, date of birth, social security number, and contact number of the applicant in the case of an individual; in the case of a copartnership, the persons entitled to share in the profits thereof; and in the case of a corporation, the date of incorporation, the purpose for which it was organized, the names and addresses of the officers and directors and if a majority in interest of the stock of such corporation is owned by one person or his nominees, the name and address of such person.
   2. Purpose of raffle.
   3. Area within the Village in which raffle chances will be issued or sold.
   4. The maximum number of days during which raffle chances will be issued or sold.
   5. Time period during which raffle chances will be issued or sold.
   6. Sworn statement attesting to the not-for-profit character of the prospective licensee organization, signed by the presiding officer and secretary of the organization.
   7. Date, time and location at which winning chances will be determined.
   8. The aggregate retail value of all prizes or merchandise to be awarded by a licensee in a single raffle.
   9. The maximum retail value of each prize to be awarded by a licensee in a single raffle.
   10. The maximum price to be charged for each raffle chance issued or sold and the number of chances to be issued or sold for each raffle.
   11. The name(s), address(es), date(s) of birth, social security number(s) and contact number(s) of the operator(s) of the raffle and raffle manager(s).
   12. The last date and location which the applicant has applied for a raffle license.
   13. Whether or not the applicant has ever been convicted of a felony.
   14. Whether or not the applicant will sell raffle chances on-line, and, if so, the name(s) and address(es) of the individual, partnership, or corporation licensing the software.
   15. Background checks on the operator(s) of the raffle and raffle manager(s).

Each such license shall be valid for one raffle, and may be suspended or revoked by the Corporate Authorities in the event of violation of the terms of this chapter or any applicable State or Federal law.

The following are ineligible for any license under this chapter:

1. Any person who has been convicted of a felony;
2. Any person who is or has been a professional gambler or gambling promoter;
3. Any person who is not of good moral character;
4. Any firm or corporation in which a person defined in (1), (2), or (3) has a proprietary, equitable or credit interest, or in which such a person is active or employed;
5. Any organization in which a person defined in (1), (2), or (3) is an officer, director or employee, whether compensated or not; or
6. Any organization in which a person defined in (1), (2), or (3) is to participate in the management or operation of a raffle as defined in 230 Illinois Compiled Statutes, Act 15.

Licenses shall be issued only to bona fide non-profit religious, charitable, labor, business, fraternal, educational or veterans' organizations which 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 license and which have had during that entire 5 year period a bona fide membership engaged in carrying out their objectives, or to a non-profit 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 hardships as the result of an illness, disability, accident or disaster.

3-12-7: LIMITATIONS:

1. The aggregate retail value of all prizes or merchandise awarded by a licensee in a single raffle shall not exceed $1,000,000.00.
2. The maximum retail value of each prize awarded by a licensee in a single raffle shall not exceed $1,000,000.00.
3. The maximum price which may be charged for each raffle chance issued or sold shall not exceed $200.00.
4. The maximum number of days during which chances may be issued or sold is limited to 365 days.
5. Licenses issued shall be valid for one raffle to be conducted during a specified period not to exceed 365 days and may be suspended or revoked for any violation of this chapter or 230 Illinois Compiled Statutes, Act 15.
6. Any raffle where the winning number is drawn or generated in the Village of Minooka will be deemed to be conducted in the Village thereby requiring a license to be issued by the Village.
7. The license shall authorize the sale of raffle chances only within Village limits.
8. Any license issued under the terms of this chapter shall be non-transferable.
9. No person or organization shall be issued more than one (1) license in any three (3) month period.
10. Tickets may be purchased on-line.
11. Credit cards, cash, or checks may be used to purchase raffle chances.

The fee for such a license to conduct a raffle shall be $250.00.

The Village President shall, within thirty (30) days of receipt of an application for a raffle license, evaluate and either approve or disapprove of said application. The Village President may appoint persons to assist in the exercise of the powers and the performance of the duties herein provided, including, but not limited to, Village staff and the Chief of Police. The approval of a raffle license shall be in writing, signed by the Village President.

1. The conducting of raffles is subject to the following restrictions:
   1. Proceeds. The entire net proceeds of any raffle must be exclusively devoted to the lawful purpose of the organization permitted to conduct that game.
   2. Participation in management. No person except a bona fide member of the sponsoring organization may participate in the management or operation of the raffle. The designated raffle manager shall be a bona fide officer of the sponsoring organization.
   3. Remuneration. No person may receive any remuneration or profit for participating in the management or operation of the raffle.
   4. Premises. 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.
   5. Locations. Raffle chances may be sold or issued only within the area specified and winning chances may be determined only at those locations specified.
   6. Age of participants. No person under the age of eighteen (18) years may participate in the operation or conduct of raffles or chances. 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/her parent or guardian.
2. If a lessor rents premises where a winning chance or chances on a raffle are determined, the lessor shall not be criminally liable if the person who uses the premises for the determining of winning chances does not hold a license issued by the Village under the provisions of this chapter or applicable State law.

All operations of and conduct of raffles shall be under the supervision of a single raffles manager designated by the organization. The manager or operator of the raffle must be a bona fine member of the organization holding the license for such a raffle and may not receive any remuneration or profit for participating in the management or operation of the raffle. The manager shall give a fidelity bond in a sum equal to the greater of 110% of 1) the anticipated gross receipts to be received by the organization or 2) the estimate aggregate value of all prizes for the raffle, in favor of the organization conditioned upon his/her honesty in the performance of his/her duties. Terms of the bond shall provide that notice shall be given in writing to the Village not less than thirty (30) days prior to its cancellation. The Village 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 Corporate Authorities.

Any license granted under this chapter may be suspended or revoked by the Village at any time it appears that the proposed or actual operation of the raffle will be or is such as to constitute a public nuisance or to endanger the public peace, health, safety or welfare. Any license granted under this chapter may be suspended or revoked in whole or in part at any time that the raffle is conducted contrary to the license or to any State law or Village ordinance, or when such raffle or portion thereof is conducted so as to constitute a public nuisance or to disturb the peace, health, safety or welfare. Suspension or revocation shall become effective immediately. It shall be a violation for any person to operate, engage or participate in, except as a patron, any raffle in which a license has been suspended or revoked.

Any license issued under this chapter shall be revoked or suspended if the licensee violates any terms of the license or any other provisions of this chapter or applicable State law. Any person who violates any provision of this chapter shall be prosecuted in Will/Kendall/Grundy County and shall be guilty of a Class C misdemeanor, punished by a fine of not more than the amount as set forth in section 1-4-1 of this code, and/or imprisoned not more than thirty (30) days. Each day that a violation hereof exists shall be considered a separate offence. Each raffle held in violation hereof shall be considered a separate offence.

SECTION 3. In the event that any provision or provisions, or portion or portions of this Ordinance shall be declared to be invalid or unenforceable by a Court of competent jurisdiction, such adjudication shall in no way affect or impair the validity or enforceability of any of the remaining provisions or portions of this Ordinance that may be given effect without such invalid or unenforceable provision or provisions, portion or portions.

SECTION 4. That all ordinances or parts of ordinances conflicting with any of the provisions of this Ordinance shall be and the same is hereby repealed.

SECTION 5. That the Village Clerk is hereby directed to publish this Ordinance in pamphlet form.

SECTION 6. That this Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form as provided by law.

Passed by the Board of Trustees on a roll call vote on the 26^th day of June 2007.