HomeMy WebLinkAboutOrd 2501 05/21/1974
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ORDINANCE NO. 2501
AN ORDINANCE AMENDING CHAPTER 11 OF THE
MUNICIPAL CODE OF MOUNT PROSPECT
BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE
OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS:
SECTION ONE: That, pursuantto authority contained in Article VII of the 1970
Constitution of the State of Illinois, Subsection E of Section 11.605 of the Municipal
Code of Mount Prospect of 1957, as amended, be and the same is hereby further
amended by adding thereto provisions for the conduct of lotteries under certain
conditions in conjunction with carnivals and circuses; so that hereafter the said
Subsection E of Section 11. 605 shall be and read as follows:
"E. No table game or other amusement device, whether controlled by skill
or chance, for the operation of a game, pastime, or contest by the mani-
pulation of a marble, sphere, or of objects or figures, or by control-
ling the movements of same or setting them in motion by mechanical
means shall be conducted in conjunction with any carnival, circus,
and/ or side show.
1. When permitted by law, the preceding shall not apply, however,
to not for profit charitable corporations and other charitable insti-
tutions which meet the definitions thereof set forth by the United
States Government; provided, further, however, -that members of
the not for profit charitable corporations or other charitable insti-
tutions are in fact in control of and operating such table game or
other amusement device.
2. It is unlawful for any of the aforesaid not for profit charitable cor-
porations and/or other charitable institutions to establish, set up,
maintain, carryon, and/or conduct a lottery in conjunction with
any such carnival or circus unless a license to do so has been is-
sued as hereinafter provided and is in full force and effect.
a. Procedure on Application.
1) Applications for lottery licenses required by this subsec-
tion shall be made in writing to the Village Treasurer on
the form provided by the office of said Village Treasurer.
2) The form of any such application shall require the follow-
ing information: Name of not for profit charitable corpora-
tion or other charitable institution; the business address
of the applicant; the state and date of incorporation; the
names, addresses, birth dates, and Social Security Num-
bers of all officers and directors of such not for profit
charitable corporation or other charitable institution; the
length of time for which such lottery license is desired;
a statement as to whether any officer or director of the ap-
plicant has ever been convicted of a felony and, if so, the
nature of the offense and the punishment or penalty as-
sessed therefor; the cost of each chance to win such lot-
tery, and the location, date, and time where and when the
drawing is to take place.
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b . Issuance of License.
1) Prior to the issuance of any lottery license, the Village
Treasurer shall, in conjunction with the Chief of Police,
make or cause to be made an investigation in regard to
such application, in order to determine that the applicant
is a proper applicant under the terms of this subsection.
2) Within fifteen (15) days of the receipt of any such lottery
license application properly completed and filed as set
forth hereinabove, accompanied by the appropriate fees
as may be required elsewhere in this subsection, the Vil-
lage Treasurer is hereby authorized to grant any such
lottery license for any period of time not exceeding six (6)
months.
c. Denial, Revocation, and Termination.
1) Any such lottery license application may be denied, or any
existing license may be revoked by the Village Treasurer
if he determines either:
(a) That the application of the applicant or licensee con-
tains any false, fraudulent, or misleading statement;
or
(b) That the applicant, licensee, or any officer or direc-
tor of such applicant or licensee has made any false,
fraudulent, or misleading statement, or has been con-
victed of a felony or of perpetrating a fraud upon any
person -- whether or not such fraud was perpetrated
within the corporate limits of the Village of Mount Pros-
pect; or
(c) That the applicant, licensee, or any officer or direc-
tor of any applicant or licensee has conducted any ac-
tivities in the Village of Mount Prospect in an unlaw-
ful manner or in such a manner as to constitute a breach
of the peace or a menace to the health, safety, or
general welfare of the public.
In the event any revocation of any such lottery license, the
licensee shall immediately refund all monies to the persons
who purchased lottery tickets and/or chances through the
time of such revocation.
2) All lottery licenses shall automatically terminate on the
last day of the period of time for which they were issued --
as stated on the license form itself unless terminated by
prior revocation pursuant to the regulations contained
elsewhere in this subsection.
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d. Other Regulations.
1) Location of drawing on any licensed lottery may be changed
provided ten (10) days' written notice thereof is given the
Village Treasurer and provided other requirements of this
subsection are complied with.
2) No license issued under this subsection shall be transferred
or assigned or used by any other person, firm, or corpora-
tion than the one to whom it is originally issued.
3) Each license shall be displayed in a conspicuous place at
the location where the drawing is to take place.
4) The Village Treasurer may make procedural rules to carry
out and implement the powers and duties under this sub-
section, included but not limited to the following:
(a) The types of lotteries to be conducted;
(b) The price, or prices, of tickets or shares in the
lottery;
(c) The numbers and sizes of the prizes on the winning
tickets or shares;
(d) The manner of selecting the winning tickets or shares;
(e) The manner of payment of prizes to the holders of
winning tickets or shares;
(f) The frequency of the drawing or selections of win-
ning tickets or shares, without limitation;
(g) Without limit to number, the type or types of loca-
tions at which tickets or shares may be sold;
(h) The method to be used in selling tickets or shares; and
(j) Such other matters necessary or desirable for the effi-
cient and economical operation and administration of
the lottery and for the convenience of the purchasers
of tickets or shares and the holders of winning tickets
or shares.
e. License Fee.
1) The Village Treasurer shall charge a non-refundable ap-
plication fee in the amount of Ten Dollars ($10) per each
lottery license application.
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2) Within thirty (30) days after the drawing held at the cul-
mination of any lottery, the licensee shall pay over to the
Village Treasurer a license fee in the amount of one per-
cent (1%) of the gross ticket and/or chance sales.
SECTION TWO: That this Ordinance shall be in full force and effect from and after
its passage, approval, and publication in the manner provided by law.
AYES: 5
NAYS: 0
PASSED and APPROVED this 21st day of May, 1974.
Village President
ATTEST:
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Village Clerk
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