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1988-073� r ` ORDINANCE NO.88 -73 AN ORDINANCE AMENDING TITLE 5, "BUSINESS TAXES, LICENSES AND REGULATIONS ", BY ADDING THERETO CHAPTER 5.09 ENTITLED "RAFFLES" WHEREAS, the Village of Buffalo Grove is a home rule unit pursuant to the Illinois Constitution of 1970; and, WHEREAS, Section 2301 et.seq. of Chapter 85, Illinois Revised Statutes, 1987 provides for licensing and regulating certain games of chance; and, WHEREAS, the President and Board of Trustees believe it is in the best interest of the public to allow certain eleemosynary organizations to conduct raffles. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS: SECTION 1. Title 5 of the Village of Buffalo Grove Municipal Code, as amended, is hereby amended by adding Chapter 5.09, entitled "Raffles ", which shall read as follows: CHAPTER 5.09 RAFFLES 5.09.010 - Definitions: A. "Raffle" means a form of lottery conducted by an organization licensed by the Village 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, or 1 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. B. "Non- profit" means 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. C. "Charitable" means 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. D. "Educational" means 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. E. "Religious" means any church, congregation, society or organization founded for the purpose of religious worship. F. "Fraternal" means an organization of persons having a common interest, the primary interest of which is to both promote the welfare of the 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. 2 G. "Veterans" means 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. H. "Labor" means 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. I. "Business" means a voluntary organization composed of individuals and ubsinesses who have joined together to advance the commercial, financial, industrial and civic interests of the Village. 5.09.020 - License Required: No person, firm or corporation shall conduct a raffle within the corporate limits of the Village without first having obtained a license from the Village. Such license is valid for only two raffles during a calendar year. 5.09.030 - Eligibility: A. Licenses for raffles shall be issued only to bona fide religious, charitable, labor, business, fraternal, educational or veterans' organizations which are located within the corporate limits of the Village of Buffalo Grove and which have been in existence continuously for a period of five years immediately before applying for such license and have had during said period a bona fide membership engaged in carrying out their objectives, or to a non - profit fundraising organizations that the Village determines is organized for the sole purpose of providing financial assistance to an indentified individual 3 or group of individuals suffering extreme financial hardship as the result of an illness, disability, accident or disaster. B. The following are ineligible for any license under this chapter 5.09: 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 paragraph (1), (2), or (3) above 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 paragraphs (1), (2), or (3) above is an officer, director, or employee, whether compensated or not. 6. Any organization in which a person defined in paragraphs (1), (2), or (3) above is to participate in the management or operation of a raffle as defined in this Chapter. 5.09.040 - License - Application- Contents: Application shall be made in writing through the Village Clerk's office at least thirty (30) days prior to the first day intended for sale of raffle chances. The application shall be on a form furnished by the Clerk and shall set forth: A. The name, address and telephone number of the applicant. B. The name, address and telephone number of the raffle manager. F] pe of C. The purpose of the raffle. D. The area (s) in the Village in which the raffle chances will be sold or issued. E. The time, manner and location at which winning chances will be determined. F. Each application must contain a sworn statement attesting to the not - for - profit character of the applicant, signed by its presiding officer and secretary. 5.09.050 - Licensing Conditions and Limitations: A. The maximum cash prize awarded in any raffle shall be $5,000. B. The maximum retail value of a non -cash prize awarded in raffle shall be $25,000. C. The aggregate retail value of all prizes awarded in any raffle shall not exceed $30,000. D. The maximum which may be charged for each raffle chance issued or sold is $100. E. The maximum number of days during which chances may be issued is 90. 5.09.060 - License Fee: The license fee, if any, shall be established by the Village Board for each raffle. 5.09.070 - Conduct of Raffles: The conduct of raffles is subject to the following restrictions: A. The entire net proceeds of any raffle must be exclusively devoted to the lawful purposes of the organization permitted to conduct that raffle. 5 B. No person except a bona fide member of the sponsoring organization may participate in the management or operation of the raffle. C. No person may receive any remuneration or profit for participating in the management or operation of the raffle. D. 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. E. Raffle chances may be sold or issued only within the area (s) specified on the license and winning chances may be determined only at those locations specified on the license. F. No person under the age of 18 years may participate in the conducting of raffles or chances. A person under the age of 18 years may be within the area where winning chances are being determined only when accompanied by his parent or guardian. G. The location of the premises on which to determine the winning chance or chances in a raffle shall be restricted to a Business District, Commercial District or where a special use permit has been granted for a school, church, governmental or similar institution. 5.09.080 - Raffles Manager - Bond: 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 fide 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 obtain a fidelity bond in the sum of 25% of the total value of the 0 prizes to be awarded. The terms of the bond shall provide that notice be given in writing to the Village of Buffalo Grove 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 pursuant to this Chapter, provided that a license containing such waiver provision shall be granted only by unanimous vote of the members of the licensed organization. 5.09.090 - Recnrds: A. Each organization licensed to conduct raffles and chances 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. B. Gross receipts from the operation of raffles programs shall be segregated from other revenues of the organization, 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 the State of Illinois, and placed in a separate account. Each organization shall have 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 organization. 7 L C. Each organization licensed to conduct raffles shall report promptly after the conclusion of each raffle to its membership, and to the Village, its gross receipts, expenses and net proceeds from raffles, and the distribution of net proceeds itemized as required in this Chapter 5.09. D. Records required by this section shall be preserved for 3 years, and organizations shall make available their records relating to operation of raffles for public inspection at reason- able times and places. 5.09.100 - License - Suspension, Revocation: Any license granted under this Chapter may be 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 public peace, health, safety or welfare. Any license granted under this Chapter may be suspended in whole or in part at any time that the raffle is conducted contrary to the license or to any state or Village law, or when any such raffle or portion thereof is conducted so as to constitute a public nuisance or to disturb the peace, health, safety of welfare. Suspension shall become effective immediately. It shall be a violation for any person to operate, engage, or participate in, except as a patron, any such raffle as may be ordered suspended. 5.09.110 - Violation - Penalty: Any person violating the provisions of this Chapter shall be punished according to the provisions of Chapter 1.08 General Penalty. M SECTION 2: This ordinance shall be in full force and effect from and after its passage and approval according to law and publication in pamphlet form. AYES: h Marienthal Glover Re; d_, Shy lds Shifrin. Mathias NAYES: 0 None ABSENT: 0 None PASSED: August 1 , 1988 APPROVED: August 1 , 1988 PUBLISHED: August 2 , 1988 ATTEST: VILL=E CLERK I APPROVED: 7L VILLArE PRESIDENT VILLAGE OF BUFFALO GROVE ORDINANCE NO. (f ADOPTED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GRM�,�,VE�� ��i THIS DAY OF, 13� Published in pamphlet form by authority of the President and Board of Trustees of the Village of Buffalo Grove, Cook & Lake Counties, Illi�°is, this �� day of � qg 19 C�o . Village Clerk By_ Acting Deputy Clerk ORDINANCE NO.88 -73 AN ORDINANCE AMENDING TITLE 5, "BUSINESS TAXES, LICENSES AND REGULATIONS ", BY ADDING THERETO CHAPTER 5.09 ENTITLED "RAFFLES" WHEREAS, the Village of Buffalo Grove is a home rule unit pursuant to the Illinois Constitution of 1970; and, WHEREAS, Section 2301 et.seq. of Chapter 85, Illinois Revised Statutes, 1987 provides for licensing and regulating certain games of chance; and, WHEREAS, the President and Board of Trustees believe it is in the best interest of the public to allow certain eleemosynary organizations to conduct raffles. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS: SECTION 1. Title 5 of the Village of Buffalo Grove Municipal Code, as amended, is hereby amended by adding Chapter 5.09, entitled "Raffles ", which shall read as follows: CHAPTER 5.09 RAFFLES 5.09.010 - Definitions: A. "Raffle" means a form of lottery conducted by an organization licensed by the Village 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, or 1 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. B. "Non- profit" means 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. C. "Charitable" means 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. D. "Educational" means 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. E. "Religious" means any church, congregation, society or organization founded for the purpose of religious worship. F. "Fraternal" means an organization of persons having a common interest, the primary interest of which is to both promote the welfare of the 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. 2 G. "Veterans" means 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. H. "Labor" means 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. I. "Business" means a voluntary organization composed of individuals and ubsinesses who have joined together to advance the commercial, financial, industrial and civic interests of the Village. 5.09.020 — License Required: No person, firm or corporation shall conduct a raffle within the corporate limits of the Village without first having obtained a license from the Village. Such license is valid for only two raffles during a calendar year. 5.09.030 — Eligibility: A. Licenses for raffles shall be issued only to bona fide religious, charitable, labor, business, fraternal, educational or veterans' organizations which are located within the corporate limits of the Village of Buffalo Grove and which have been in existence continuously for a period of five years immediately before applying for such license and have had during said period a bona fide membership engaged in carrying out their objectives, or to a non — profit fundraising organizations that the Village determines is organized for the sole purpose of providing financial assistance to an indentified individual or group of individuals suffering extreme financial hardship as the result of an illness, disability, accident or disaster. B. The following are ineligible for any license under this chapter 5.09: 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 paragraph (1), (2), or (3) above 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 paragraphs (1), (2), or (3) above is an officer, director, or employee, whether compensated or not. 6. Any organization in which a person defined in paragraphs (1), (2), or (3) above is to participate in the management or operation of a raffle as defined in this Chapter. 5.09.040 - License - Application- Contents: Application shall be made in writing through the Village Clerk's office at least thirty (30) days prior to the first day intended for sale of raffle chances. The application shall be on a form furnished by the Clerk and shall set forth: manager. A. The name, address and telephone number of the applicant. B. The name, address and telephone number of the raffle ri C. The purpose of the raffle. D. The area (s) in the Village in which the raffle chances will be sold or issued. E. The time, manner and location at which winning chances will be determined. F. Each application must contain a sworn statement attesting to the not- for - profit character of the applicant, signed by its presiding officer and secretary. 5.09.050 - Licensing Conditions and Limitations: A. The maximum cash prize awarded in any raffle shall be $5,000. B. The maximum retail value of a non -cash prize awarded in raffle shall be $25,000. C. The aggregate retail value of all prizes awarded in any raffle shall not exceed $30,000. D. The maximum which may be charged for each raffle chance issued or sold is $100. E. The maximum number of days during which chances may be issued is 90. 5.09.060 - License Fee: The license fee, if any, shall be established by the Village Board for each raffle. 5.09.070 - Conduct of Raffles: The conduct of raffles is subject to the following restrictions: A. The entire net proceeds of any raffle must be exclusively devoted to the lawful purposes of the organization permitted to conduct that raffle. 5 B. No person except a bona fide member of the sponsoring organization may participate in the management or operation of the raffle. C. No person may receive any remuneration or profit for participating in the management or operation of the raffle. D. 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. E. Raffle chances may be sold or issued only within the area (s) specified on the license and winning chances may be determined only at those locations specified on the license. F. No person under the age of 18 years may participate in the conducting of raffles or chances. A person under the age of 18 years may be within the area where winning chances are being determined only when accompanied by his parent or guardian. G. The location of the premises on which to determine the winning chance or chances in a raffle shall be restricted to a Business District, Commercial District or where a special use permit has been granted for a school, church, governmental or similar institution. 5.09.080 - Raffles Manager - Bond: 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 fide 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 obtain a fidelity bond in the sum of 25% of the total value of the rl prizes to be awarded. The terms of the bond shall provide that notice be given in writing to the Village of Buffalo Grove 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 pursuant to this Chapter, provided that a license containing such waiver provision shall be granted only by unanimous vote of the members of the licensed organization. 5.09.090 — Records: A. Each organization licensed to conduct raffles and chances 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. B. Gross receipts from the operation of raffles programs shall be segregated from other revenues of the organization, 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 the State of Illinois, and placed in a separate account. Each organization shall have 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 organization. 7 C. Each organization licensed to conduct raffles shall report promptly after the conclusion of each raffle to its membership, and to the Village, its gross receipts, expenses and net proceeds from raffles, and the distribution of net proceeds itemized as required in this Chapter 5.09. D. Records required by this section shall be preserved for 3 years, and organizations shall make available their records relating to operation of raffles for public inspection at reason- able times and places. 5.09.100 - License - Suspension, Revocation: Any license granted under this Chapter may be 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 public peace, health, safety or welfare. Any license granted under this Chapter may be suspended in whole or in part at any time that the raffle is conducted contrary to the license or to any state or Village law, or when any such raffle or portion thereof is conducted so as to constitute a public nuisance or to disturb the peace, health, safety of welfare. Suspension shall become effective immediately. It shall be a violation for any person to operate, engage, or participate in, except as a patron, any such raffle as may be ordered suspended. 5.09.110 - Violation - Penalty: Any person violating the provisions of this Chapter shall be punished according to the provisions of Chapter 1.08 General Penalty. 5 SECTION 2: This ordinance shall be in full force and effect from and after its passage and approval according to law and publication in pamphlet form. AYES: h - Marienthal. Glover, Reid, Shields. Shifrin. Mathias NAYES: 0 - Nnna ABSENT: 0 - None PASSED: August 1 , 1988 APPROVED: August 1 , 1988 PUBLISHED: August 2 , 1988 ATTEST: VILLAfE CLERK 0 APPROVED: VIL E PRESIDENT 0