Public Act 099-0405
 
HB3538 EnrolledLRB099 07124 MLM 30873 b


  
    AN ACT concerning gaming.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  
 
 
    Section 5. The Raffles and Poker Runs Act is amended  by 
changing Sections 0.01, 1, 2,  5, and 6 as follows:
 



    (230 ILCS 15/0.01)  (from Ch. 85, par. 2300)



    Sec. 0.01. Short title. This Act may be cited as the

Raffles and Poker Runs Act.

(Source: P.A. 98-644, eff. 6-10-14.)

 



    (230 ILCS 15/1)  (from Ch. 85, par. 2301)



    Sec. 1. Definitions.  For the purposes of this Act the terms 
defined
in this Section have the meanings given them.

    "Net proceeds" means 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 or poker run.

    "Key location" means the location where the poker run 
concludes and the prize or prizes are awarded. 
    "Poker run" means a prize-awarding an event organized by an 
organization licensed under this Act in which participants 
travel to multiple predetermined locations, including a  key 
location, to play a randomized game based on an element of 
chance drawing a playing card or equivalent item at each 
location, in order to assemble a facsimile of a poker hand or 
other numeric score. "Poker run" includes dice runs, marble 
runs, or other events where the objective is to build the best 
hand or highest score by obtaining an item or playing a 
randomized game at each location. 
    "Raffle" means a form of lottery, as defined in Section 
28-2(b) of the
Criminal Code of 2012, conducted by an 
organization licensed under this Act, 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.

(Source: P.A. 97-1150, eff. 1-25-13; 98-644, eff. 6-10-14.)

 



    (230 ILCS 15/2)  (from Ch. 85, par. 2302)



    Sec. 2. Licensing. 
    (a) The governing body of any county or municipality
within 
this State may establish a system for the licensing of 
organizations
to operate raffles. The governing bodies of a 
county and one or more
municipalities may, pursuant to a 
written contract, jointly establish a
system for the licensing 
of organizations to operate raffles within any
area of 
contiguous territory not contained within the corporate limits 
of a
municipality which is not a party to such contract.  The 
governing bodies
of two or more adjacent counties or two or 
more adjacent municipalities
located within a county may, 
pursuant to a written contract, jointly
establish a system for 
the licensing of organizations to operate raffles
within the 
corporate limits of such counties or municipalities.  The

licensing authority may establish special categories of 
licenses and
promulgate rules relating to the various 
categories. The licensing system
shall provide for limitations 
upon (1) the aggregate retail value of all
prizes or 
merchandise awarded by a licensee in a single raffle, (2) the

maximum retail value of each prize awarded by a licensee in a 
single raffle,
(3) the maximum price which may be charged for 
each raffle chance issued
or sold and (4) the maximum number of 
days during which chances may be issued
or sold.  The licensing 
system may include a fee for each license in an
amount to be 
determined by the local governing body.  Licenses issued 
pursuant
to this Act shall be valid for one raffle or for a 
specified number of
raffles to be conducted during a specified 
period not to exceed one year
and may be suspended or revoked

for any violation of this Act.  A local governing body shall act 
on a license
application within 30 days from the date of 
application.  Nothing in this
Act shall be construed to prohibit 
a county or municipality from adopting
rules or ordinances for 
the operation of raffles that are more restrictive
than 
provided for in this Act.  The governing body of a municipality 
may
authorize the sale of raffle chances only within the 
borders of the
municipality.  The governing body of the county 
may authorize the sale of
raffle chances only in those areas 
which are both within the borders of the
county and outside the 
borders of any municipality.

    (a-5) The governing body of Cook County may and any other 
county within this State shall may establish a system for the 
licensing of organizations to operate poker runs. The governing 
bodies of 2 or more adjacent counties may, pursuant to a 
written contract, jointly establish a system for the licensing 
of organizations to operate poker runs within the corporate 
limits of such counties. The licensing authority may establish 
special categories of licenses and adopt rules relating to the 
various categories. The licensing system may include a fee not 
to exceed $25 for each license. Licenses issued pursuant to 
this Act shall be valid for one poker run or for a specified 
number of poker runs to be conducted during a specified period 
not to exceed one year and may be suspended or revoked for any 
violation of this Act. A local governing body shall act on a 
license application within 30 days after the date of 
application. 
    (b) Raffle licenses Licenses shall be issued only to bona 
fide religious, charitable,
labor, business, fraternal, 
educational or veterans' organizations that
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 raffle license and which have had during that 
entire 5-year 5 year period a bona
fide membership engaged in 
carrying out their objects, or to a non-profit
fundraising 
organization that the licensing authority determines is

organized for the sole purpose of providing financial 
assistance to an
identified individual or group of individuals 
suffering extreme financial
hardship as the result of an 
illness, disability, accident or disaster. Poker run licenses 
shall be issued only to bona fide religious, charitable, labor, 
business, fraternal, educational, veterans', or other bona 
fide not-for-profit organizations that 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 poker run license and which have had during that entire 
5-year period a bona fide membership engaged in carrying out 
their objects. Licenses for poker runs shall be issued for the 
following purposes: (i) providing financial assistance to an 
identified individual or group of individuals suffering 
extreme financial hardship as the result of an illness, 
disability, accident, or disaster or (ii) to maintain the 
financial stability of the organization. A licensing authority 
may waive the 5-year requirement under this subsection (b) for 
a bona fide religious, charitable, labor, business, fraternal, 
educational, or veterans' organization that applies for a 
license to conduct a poker run if the organization is a local 
organization that is affiliated with and chartered by a 
national or State organization that meets the 5-year 
requirement. 

    For purposes of this Act, the following definitions apply.  
Non-profit:
An organization or institution organized and 
conducted on a not-for-profit
basis with no personal profit 
inuring to any one as a result of the operation.
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.
Religious: Any church, congregation, 
society, or organization founded for
the purpose of religious 
worship.  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.  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.
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.
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.

    (c) Poker runs shall be licensed by the county governing 
body with jurisdiction over the key location. The license 
granted by the key location shall cover the entire poker run, 
including locations other than the key location. Each license 
issued shall include the name and address of each predetermined 
location. 
(Source: P.A. 98-644, eff. 6-10-14.)

 



    (230 ILCS 15/5)  (from Ch. 85, par. 2305)



    Sec. 5. Manager; bond. All operation of and the conduct
of 
raffles and poker runs shall be under the supervision of a 
single manager
designated by the organization.  The manager 
shall give a fidelity bond in an
amount determined by the 
licensing authority in favor of the
organization conditioned 
upon his honesty in the performance of his duties.
Terms of the 
bond shall provide that notice shall be given in writing to the

licensing authority not less than 30 days prior to its 
cancellation.  The
governing body of a local unit of government 
may waive this bond requirement by
including a waiver provision 
in the license issued to an organization under
this Act, 
provided that a license containing such waiver provision shall 
be
granted only by unanimous vote of the members of the 
licensed organization. Nothing in this Section shall be deemed 
to apply to poker runs. 

(Source: P.A. 98-644, eff. 6-10-14.)

 



    (230 ILCS 15/6)  (from Ch. 85, par. 2306)



    Sec. 6. Records. 
    (a) Each organization licensed to conduct raffles and

chances or poker run events shall keep records of its gross 
receipts, expenses and net proceeds
for each single gathering 
or occasion at which winning chances in a raffle or winning 
hands or scores in a poker run 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 
or poker runs shall be segregated
from other revenues of the 
organization, including bingo gross receipts,
if bingo games 
are also conducted by the same nonprofit 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 and 
poker runs.  The person who accounts for gross receipts,

expenses and net proceeds from the operation of raffles or 
poker runs shall not be the
same person who accounts for other 
revenues of the organization.

    (c) Each organization licensed to conduct raffles or poker 
runs or poker runs shall report promptly
after the conclusion 
of each raffle or poker runs or poker run
to its membership. 
Each organization licensed to conduct raffles shall report 
promptly , and to the licensing local unit of government, its 
gross
receipts, expenses and net proceeds from the raffle 
raffles or poker runs, and the distribution of
net proceeds 
itemized as required in this Section.

    (d) Records required by this Section shall be preserved for 
3 years, and
organizations shall make available their records 
relating to operation of
raffles or poker runs for public 
inspection at reasonable times and places.

(Source: P.A. 98-644, eff. 6-10-14.)

 
 
    Section 99. Effective date. This Act takes effect upon 
becoming law.