Loading...
HomeMy WebLinkAboutOrd 3101 04/21/1981 ~ NC O~ ORDINANCE NO. 3101 AN ORDINANCE TO PROVIDE FOR LICENSING AND REGULATING CERTAIN GAMES-~OF CHANCE ~REAS, The Illinois General Assembl~ has enacted Public Law 81.13 2horizing the governing body of any county or municipality to ~ablish a system for the licensing of organizations to operate ffles in accordance with the limitations and requirements set for said Act; and ~REAS, The President and Board of Trustees of the Village of ~nt Prospect find that it is in the best interests of the Village ~t such a system be established. ~ THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEE THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS AS FOLLOWS ZTION ONE: That Chapter 11 of the Municipal Code of the Village Mount Prospect be amended by renumbering Articles XXXI and XXXIi Articles XXXII and XXXIII and by renumbering the sections therei ~ by adding thereto a new Article XXXI, Raffles and Chances, whic ticle XXXI shall be and read as follows: RTICLE XXXI RAFFLES AND CHANCES SECTION: 11.3101 11.3102 11.3103 11.3104 11.3105 11.3106 11.3107 11.3108 -Definitions License Required Eligibility for License Application for License Licenses Conduct of Raffles Record Keeping Revocation and Suspension Sec. 11.3101. DEFINITIONS. For the purpose of this Article, the terms "new proceeds" and "raffles" shall have the meanings given them under Section 1 of "An Act to provide for licensing and regulating certain games of chance", enacted by the 81st Illinois Gen- eral Assembly (hereinafter the "Act"), and the terms "non-profit" "charitable", "educational", "religious", "fraternal", "veterans", -.and "labor" shall have the meanings given them under Section 3(b) of the Act. Sec. 11.3102. LICENSE REQUIRED. It shall be unlawful to conduct a raffle without having obtained a license therefore pursuant to this Article. Sec. 11.3103. ELIGIBILITY FOR LICENSE. Licenses shall be issued only to bona fide religious, charitable, labor, fraternal, educational or veterans' organizations that operate without profit to their members and have been in existence for a period of 5 years immedi- ately'before making application for a license and which have had during the entire 5 year period a bona fide membership engaged in carrying out their objects. No license shall be issued to any of those persons, firms, corporations, and organizations described in Section 3(5) of the Act, as it may be amended from time to time. Sec. 11.3104. APPLICATION FOR LICENSE. An application for a license to conduct, a raffle pur- suant to this Article shall be made to the Village Treasurer on the forms provided by his office. A separate application shall be submitted for each license which is sought. ach app.!ication shall be in the form attached hereto as Appendix~I and shall contain the following: 1. The name and address of the organization seeking the license. 2. If the organization seeking the license is a corpora- tion, the state and date of incorporation. 3. The names and addresses of the officers and direc- tors of the organization seeking the license. e The names and addresses of any person who has a proprietary, equitable or credit interest in the firm or corporation seeking the license. An affidavit that the applicant organization is not ineligible for a license under Section 3(5) of the Act, as it may be amended from time to time. The name and address of the individual designated by the applicant organization to be the manager of the raffle. A fidelity bond given by said manager in the amount of $1,000. The ~erms of the bond shall provide that written notice shall be given to the Village not less than 30 days prior to its cancellation. The President and Board of Trustees may waive this bond requirement for any given license provided they are presented with certification of a unanimous vote of the members of the applicant orqanization that no bond be required. The area or areas Within the Village in which raffle chances will be sold or issued, the time period during which raffle chances will be sold or issued, the time of determination of winning chances and the location or locations at which such winning chances will be determined. 9. The cost of each chance to win such raffle. e 10. A sworn statement attesting to the not-for-profit character of the applicant organization and to the fact that it has been in existence continuously for a period of 5 years immediately before making applica- tion for a license and that during that entire 5 year period, it'has had a bona finde membership engaged in carrying out its objectives. A nonrefundable Ten Dollar ($10.00) application fee shall be paid at the time the application is submitted. No appli- cation shall be complete without the payment of such fee. The Village Treasurer shall act upon an application for a license within 30 days of receiving a complete application. Sec. 11.3105. LICENSES. Any license issued pursuant to this Article shall contain the following: 1. The name and address of the licensee. The area or areas within the Village in which raffle chances will be sold or issued, the time period during which raffle chances will be sold or issued, the time of determination of winning chances and the location or locations at which winning chances will be determined. If the bond requirement set forth in Sec. 11.3104. B.7. above has been waived, such waiver shall be noted on the license. B. Each license issued shall be valid for only one raffle. Sec. 11.3106. CONDUCT OF RAFFLES. The conduct of any raffle licensed pursuant to this Article is subject to the following restrictions: A.The aggregate value of all prizes or merchancise awarded in a single raffle shall be no greater than $25,000. B. The maximum retail value of each prize awarded shall be $25,0oo. he price charged for each raffle chance issued or sold shall not exceed $200. De Chances for a single raffle may not be issued or sold for more than 120 days. The entire net proceeds of any raffle must be exclusively devoted to the lawful purposes of the licensee organization. No person except a bona fide member of the licensee organization may participate in the management or operation of the raffle. No person may receive any 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 the Act. Raffle chances may be sold or issued only within the area specified on the license and winning chances may be determined only at those locations specified on the license. No person under the age of 18 years may participate in the conduct of raffles or chances. A person under the age of 18 may be within the area where winning chances are being determined only when accompanied by his parent or guardian. Ail operation and conduct of a raffle shall be under the supervision of the raffles manager designated in the appliCation for license. Sec. 11.3107. RECORD KEEPING. Each organization licensed pursuant to this Article shall maintain records and make reports as required by Section 6 of the Act. Sec. 11.3108. REVOCATION AND SUSPENSION. ae The Village Treasurer may deny, suspend or revoke any license issued pursuant to this Article if he determines that: . The application contains any false, fraudulent, or misleading statement; or e The applicant, licensee, or any officer or director of the applicant or licensee has violated this Article, or any other ordinance of the Village of Mount Prospect. If any license issued pursuant to this Article is revoked, the licensee shall immediately refund all monies collected to the persons who purchased tickets or chances in the raffle authorized by the revoked license. APPENDIX I VILLAGE OF MOUNT PROSPECT APPLICATION FOR RAFFLE LICENSE 1. Name of Applicant: 2. Address of Applicant: 3. If corporation, State and Date of Incorporation: 4. Names and Addresses of Officers and Directors of Applicant: Title Name Address St (Attach additional pages if necessary.) Names and Addresses of all persons with a Proprietary, Equitable, or Credit Interest in the Applicant: Name Address (Attach additional pages if necessary.) 6. Name of Raffle Manager: Address of Raffle Manager: 7. Area(s) within the Village in which raffle chances will be sold or issued: Time period during which raffle chances will be sold or issued: From , 19 through , 19 .... . Winning chance to be dete~i~ined at (location) , on , 19 , at o'clock .m. 0. ll. 12. Cost of each Chance: $ Attach to application fidelity bond or certification required by Sec. 11.3104.B,7 of the MuniCipal Code of the Village of Mount Prospect. State of Illinois ) ) SS. County of ) The undersigned, (name) , (title) of the Applicant, being just duly sworn on oath states that the above information is true and correct to the best of his knowledge and belief, the applicant is a not for profit organization, that it has been in existence continuously for a period of 5 years immediately to the submission of this application, that during that entire five-year period, it has had a bona fide membership engaged in carrying out its objec- tives, and that it is not ineligible for a license under Section 3(5) Of "An Act to provide for licensing and regulat- ing certain games of chance: of the State of Illinois as it may be amended from time to time. Subscribed and sworn to before me this __ day of , 19 Notary Public CTION TWO: Paragraph 2 of Section 11.605.B of Article VI of ihapter 11 of the Municipal Code of the Village of Mount Prospect ie'and the same is hereby amended by deleting said Paragraph 2 in ts entirety and by substituting therefor a new Paragraph 2 to be nd read as follows: It is unlawful for any perscn or organization to, establish, set up, maintain, carry on, and/or otherwise conduct a lottery or raffle in conjunc- tion with any such carnival or circus unless a license to do so has been issued as provided in Article XXXI of this Chapter. ECTION THREE: Section 23.503 of Article V of Chapter 23 of the ~nicipal Code of the Village of Mount Prospect be and the same i: ~ereby amended by inserting after the word "tickets" and before tl ,eriod at the end of said Section the language ", except that the ~onduct of a raffle licensed pursuant to, and conducted in accord. rith Article XXXI of Chapter 11 of the Municipal Code of the Vill. ~f Mount Prospect shall not be prohibited" so said Section 23.503 ~hall hereafter be and read as follows: Sec. 23.503. Lotteries. No person for himself, or as agent for another person shall keep, maintain, direct o manage or in the same, any lottery or thing whatsoever for the drawing or disposing of Money, or other valuabl p~operty, or sell, give away or otherwise dispose of lottery tickets, except that the conduct of a raffle li censed pursuant to, and conducted in accordance with, Article XXXI of Chapter 11 of the Municipal Code of the Village of Mount Prospect shall not be prohibited. ~ECTION FOUR: If any part or parts of this Ordinance shall be he ko be unconstitutional or otherwise invalid, such unconsitutional invalidity shall not affect the validity Of the remaining this ordinance and to that end, the provisions of this ~re deemed to be severable. iECTION FIVE: This Ordinance shall be in full force and effect nd after its passage, approval and publication in pamphlet form ~he manner provided by'law. sassed this 21st day of April , 1981. lYES: Farley, Floros, MUrauskis, Richardson, Wattenberg ;AYS: None ~BSENT: Miller approved this 21st day of April , 1981. Approved: %ttest: ~Vil lage ~l~e ~__ Vftl&ge e ' e