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HomeMy WebLinkAboutORDINANCE - 2837 - 6/12/2001 - GAMBLINGORDINANCE NO. 2837 AN ORDINANCE AMENDING CHAPTER 8 GAMBLING OF THE VILLAGE CODE WITH RESPECT TO CHARITABLE GAMES AND RAFFLES BE IT ORDAINED by the Mayor and Board of Trustees of the Village of Elk Grove Village, Counties of Cook and DuPage Illinois as follows: Section 1: That Paragraph F of Section 6-8-2 Exemption of the Village Code be amended in order to permit gambling activity conducted in conformance with the Illinois Charitable Games Act, said amendment to read as follows: Paragraph F Charitable games when organized and conducted in accordance with the Illinois "Charitable Games Act" (230 ILCS 30/1) Section 2: That Section 6-8-3 Pinball and Bagatelle Games be deleted in its entirety and replaced by provisions for the licensing of raffles in the Village, which Section shall read as follows: 6-8-3 Raffles W For the purpose of this Chapter, the following Definitions shall apply unless the context clearly indicates or requires a different meaning. 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 favorable 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, local 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. RAFFLE. A form of lottery, 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 purpose 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. B. LICENSE/REQUIRED APPLICATION (1) No organization within the Village shall operate a raffle without first having secured a license pursuant to the provisions of this subchapter. No raffle shall award prizes or merchandise in a single raffle to exceed the value of $100,000. The maximum retail value of each prize awarded by a licensee in a single raffle shall be $50,000. The maximum price which may be charged for each raffle chance issued or sold shall be $100.00. The maximum number of days during which the chances may be issued or sold shall be 90 days. The fee for each license shall be $10.00 per year unless waived by the Mayor and Board of Trustees. (2) Any person desiring to secure a license to conduct a raffle pursuant to the provisions of this subchapter shall make an application to the Village Clerk, who shall submit such application to the Village Manager. All such applications shall be acted upon by the Village Manager within 30 days from the date of application. (3) Licenses shall be issued only to bona fide religious, charitable, labor, fraternal, education or veterans' organizations that operate without profit to their members and which have been in existence continuously for a period of five years immediately before making application for a license and which have had during that entire five-year period a bona fide membership engaged in carrying out their objectives. (4) The license and application for license must specify 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 or determination of winning chances and the location or locations at which winning chances will be determined. (5) The license application must contain a sworn statement attesting to the not-for- profit character of the prospective license 3 organization, signed by the presiding officer and the secretary of that organization or the manager of the raffle. (6) The following are ineligible for any license under this Chapter: a. Any person who has been convicted of a felony; b. Any person who is or has been a professional gambler or gambling promoter; C. Any person who is not of good moral character. C. RESTRICTIONS The conducting of raffles is subject to the following restrictions: (1) The entire net proceeds of any raffle must be exclusively devoted to the lawful purposes of the organization permitted to conduct that game. (2) No person except a bona fide member of the sponsoring organization may participate in the management or operation of the raffle. (3) No person may receive any remuneration or profit for participating in the management or operation of the raffle. (4) 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) No person under the age of 18 years may participate in the conducting of raffles or chances. Cf D. RAFFLES; MANAGER All operation of and the conduct of raffles shall be under the supervision of a single raffles manager designated by the organization. E. RECORDS Each organization licensed to conduct raffles and chances shall keep a complete record of charitable games conducted within the previous three (3) years. F. COMPLIANCE WITH STATE STATUTE All raffles licensed under the provisions of this chapter must be conducted in accordance with the Illinois Raffles Act (230 ILCS 15/0.01 et.seq). Section 3: Any person, firm or corporation who violates the provisions of this ordinance shall be subject to a fine of not less than $25.00 nor more than $500.00 for each violation, and a separate violation shall be deemed committed on each day during or on which a violation occurs. Section 4: That the Village Clerk is authorized to publish this ordinance in pamphlet form. Section 5: That this ordinance shall be in full force and effect from and after its passage, approval and publication according to law. VOTE: AYES: 5 NAYS: 0 ABSENT: 1 PASSED this 12th day of June 2001. APPROVED this 1217h day of June 2001. Approved: Craig B. Johnson Mayor Attest: Ann I. Walsh Village Clerk PUBLISHED this 15th day of June 2001 in pamphlet form. Ordgambling.doc 5