O-11-10VILLAGE OF DEERFIELD
LAKE AND COOK COUNTIES, ILLINOIS
ORDINANCE NO. 0 -11 -10
AN ORDINANCE AMENDING CHAPTER 14 (LICENSES) OF THE
DEERFIELD MUNICIPAL CODE TO PROVIDE FOR LICENSING NONPROFIT
RAFFLES IN ACCORDANCE WITH THE ILLINOIS RAFFLES ACT
WHEREAS, the Illinois Raffles Act (230 ILCS 1511 et seq.) authorizes the conduct of
certain raffles when the entire net proceeds of the raffle are devoted to the lawful purposes of certain
nonprofit religious, charitable, labor, business, fraternal, educational or veterans' organizations,
provided that the organizations conducting such raffles are licensed to operate raffles by the county
or municipality within which the raffle is to be operated; and,
WHEREAS, the corporate authorities of the Village of Deerfield are of the opinion that bona
fide religious, charitable, labor, business, fraternal, educational and veterans' organizations that
operate without profit to their members and which have been in existence continually for a period of
at least five (5) years should be authorized to conduct raffles on a not - for - profit basis in the Village
of Deerfield, for the benefit of such organizations, provided that they obtain a license in accordance
with the rules, regulations and restrictions set forth in the Raffles Act and this ordinance;
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, in
the exercise of its home rule powers, as follows:
SECTION 1: That Chapter 14 (Licenses) of the Deerfield Municipal Code be and the
same is hereby amended to add the following as Article 2 thereof entitled "Raffles ":
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Article 2. Raffles
Sec. 14 -17. Definitions. For the purposes of this Article, the following terms shall have the
meanings indicated, unless the context clearly required a different meaning:
(a) "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.
(b) "Raffle" means a form of lottery, as defined in Section 28 -2(b) of the Illinois Criminal
Code (750 ILCS 5/28 -2), conducted by an organization licensed under this Article 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; and
(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.
(c) "Nonprofit organization" 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, that have been in existence continuously for a period of at least five years
immediately prior to their making application for a license, and which have had a bona fide
membership engaged in carrying out their objective during that time.
(d) "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.
(e) "Deerfield nonprofit organization" means a nonprofit educational, charitable, religious,
recreational, veterans or public safety organization that: (i) has its headquarters or principal
office in Deerfield; or, (ii) that primarily serves or benefits persons or organizations that
reside within or are located in the Village of Deerfield.
(f) "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.
(g) "Religious" means any church, congregation, society or organization founded for the
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purpose of religious worship.
(h) "Fraternal" means 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
who would otherwise be cared for by the government.
(i) "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.
0) "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.
(k) "Business" means a voluntary organization composed of individuals and businesses
who have joined together to advance the commercial, financial, industrial and civic.interests
of a community.
Sec. 14 -18. License required. No person, firm or corporation shall conduct any raffle or sell
any chances for a raffle within the Village without first having obtained a license for the
particular raffle pursuant to this Article.
Sec. 14 -19. Eligibilily. Licenses shall be issued only to bona fide charitable, educational,
religious, fraternal, veterans, labor or business nonprofit organizations.
Sec. 14 -20. Administration. The village manager shall be charged with the administration of
this Article, and may designate village personnel to assist him in the exercise of such power
and responsibilities.
Sec. 14 -21. Time to Act. The village manager shall act on a license application within thirty
(30) days of the date of the application.
Sec. 14 -22. Powers and Duties. The village manager shall have the following powers,
functions and duties under this Article, in addition to any other powers elsewhere granted by
ordinance or by law:
(a) To grant, suspend or revoke all raffle licenses issued;
(b) To receive or cause to be received all local license fees and pay them to the village
treasurer; and
(c) To receive complaints from any citizen of the village that any provision of this Article
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has been or is being violated, and to act upon such complaint in the manner provided by
law.
Sec. 14 -23. License Fees. The fee for each raffle license shall be Twenty -Five Dollars
($25.00)
Sec. 14 -24. Conduct of Raffles -- Restrictions and Authorization. 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.
(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 premises on which to determine the winning chance or chances in
a raffle only from:
(1) An organization which is also licensed under this chapter; or
(2) A nonprofit corporation or organization approved in the license; or
(3) A commercial entity approved in the license, but only if no rent or other charge is
made or to be made for the renting of the premises above the lowest rates that are being
charged by the entity for use of the same space.
(e) Raffle chances may be sold or issued only within the geographic area specified in the
license, and winning chances may be determined only at those locations specified in the
license.
(f) No person under the age of eighteen years may participate in the conducting of raffles
or chances. A person under the age of eighteen years may be within the area where winning
chances are being determined only when accompanied by his parent or guardian.
(g) Nothing in this section shall be construed so as to limit the aggregate or maximum
retail value of all prizes issued in a single raffle, the maximum price which may be charged
for a raffle chance, or the maximum number of days during which chances may be issued or
sold.
Sec. 14 -25. Raffles Manager; Bond.
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(a) Supervision. The operation of and the conduct of raffles shall be under the supervision
of a single raffles manager designated by the organization.
(b) Amount of Bond. The raffles manager shall give a fidelity bond in the sum of the total
value of the prizes to be awarded in the raffle. Such bond must be issued by a responsible
insurance company or financial institution duly authorized to do business in Illinois, and
shall be in effect from the commencement of sales of chance within the village until at least
thirty days after the raffle is conducted. In the case of raffles involving prizes with a value
of less than $500.00, a fidelity bond may be provided with a personal surety.
(c) Cancellation. Terms of the bond shall provide that notice shall be given in writing to
the village manager not less than thirty days prior to its cancellation.
(d) Waiver of Requirement. A waiver of this bond requirement may be included in the
license issued to any organization under this Article as follows, if requested by a unanimous
vote of the members of the licensed organization:
(1) This bond requirement may be waived by the village manager for any Deerfield
nonprofit organization.
(2) The board of trustees may waive this bond requirement for any licensee.
Sec. 14 -26. License Applications. The application for a license required by this Article shall
contain the following information. Multi -raffle licenses applications authorized for Deerfield
nonprofit organizations shall also comply with the requirements of Section 14 -27 hereof.
(a) The name and address of the organization sponsoring the raffle and submitting the
application;
(b) The type of organization;
(c) The number of years that the organization has been in existence;
(d) The date and place of incorporation or formation of the organization;
(e) The number of members in good standing in the organization;
(f) The name of the president or chairperson of the organization;
(g) The name of the raffle manager;
(h) The names of the organization members responsible for the raffle;
(i) The cumulative retail value of the prizes to be offered at each raffle and the maximum
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value of each prize to be offered at each raffle;
0) If a multi -raffle license is being sought pursuant to Section 14 -27, the number of raffles
to be conducted by the organization pursuant to such license;
(1c) The maximum price to be charged at each raffle for each chance sold;
(1) The area or areas within the village in which raffle chances will be sold or issued for
each raffle;
(m) The time period during which raffle chances will be sold or issued for each raffle;
(n) The time of determination of winning chances for each raffle;
(o) The location or locations at which winning chances will be determined for each raffle;
(p) A sworn statement attesting to the nonprofit character of the prospective licensee
organization signed by its presiding officer and secretary, if any;
(q) In addition to the foregoing information, the applicant shall provide such other and
further information as the village manager may prescribe, not inconsistent with law.
Sec. 14 -27. Multi -Raffle License.
(a) A Deerfield nonprofit organization may request a license authorizing multiple raffles
during a license period not longer than twelve (12) months.
(b) Each multi -raffle license application shall state the number of raffles that the
organization intends to conduct in Deerfield during the license period. Such organizations
shall comply with the requirements of Section 14 -26, paragraphs (g) through (o), by
submitting a supplement to the multi -raffle license application to the village manager in
advance of the sale or issuance of raffle chances for each raffle, and not less than thirty (30)
days prior to the time of determination of winning chances, providing such information to
the village manager. Such raffles shall be authorized under the multi -raffle license
previously issued to the organization, unless the village manager determines that: (i) the
license application supplement submitted by the applicant is incomplete or materially false,
or (ii) that the organization is no longer qualified for a raffle license under this Ordinance.
Sec. 14 -28. Restrictions on License Issuance. No raffle license shall be issued to:
(a) Any person who has been convicted of a felony;
(b) Any person who is or has been a professional gambler or gambling promoter;
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(c) Any person who is not of good moral character;
(d) Any firm or corporation in which a personas defined in subsection (a), (b) or (c) of this
section has a proprietary, equitable or credit interest;
(e) Any organization in which a person defined in subsection (a), (b) or (c) is an officer or
director, whether compensated or not; or
(f) Any organization in which a person defined in subsection (a), (b) or (c) is to participate
in the management or operation of a raffle as defined in this Article;
(g) Any organization which has in the previous three years had a raffle license revoked by
any governmental unit.
Sec. 14 -29. Retroactive License. An otherwise qualified Deerfield nonprofit organization that
conducts a raffle in the Village, without first obtaining a license therefore as required under this
Ordinance, may obtain a retroactive license authorizing the raffle by:
(a) submitting a license application to the Village in accordance with Section 14 -28 of this
Ordinance;
(b) submitting the reports required under Section 14 -31 of this Ordinance;
(c) paying a One Hundred Dollar ($100.00) retroactive license application fee.
Sec. 14 -30. Disposition of Fees. All fees for licenses required by this Article shall be paid to
the village treasurer at the time of application and shall be deposited in the general fund or in
such other fund as may be designated by the board of trustees.
Sec. 14 -31. Record Keep.
(a) The village manager shall keep or cause to be kept a complete record of all licenses
issued by the manager under this Article, and shall forward a copy to the chief of police. The
village manager shall inform the chief of police from time to time of any changes in a raffle
licensed under this Article, and of the revocation or suspension of any license.
(b) Each organization licensed to conduct a raffle under this Article 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 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.
(c) Gross receipts from the operation of raffle programs shall be segregated from other
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revenues of the organization, including bingo gross- receipts if licensed bingo games are also
conducted by the same nonprofit organization, 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.
(d) Each organization licensed to conduct a raffle under this Article shall, within sixty
(60) days after the conclusion of the raffle, report its gross receipts, expenses and net
proceeds from the raffle, and the distribution of net proceeds from the raffle, itemized as to
payee, purpose, amount and date of payment, to its membership and to the village manager.
Sec. 14 -32. License Suspension and Revocation.
(a) The village manager may revoke or suspend any license issued under this Article if he
determines that:
(1) the application contains a false, fraudulent or materially misleading statement;
(2) the licensee, or any officer or director of licensee, has violated any provision of this
Article or of law.
(b) No such license shall be revoked or suspended except after a hearing by the village
manager or his designate with a three -day written notice to the licensee affording an
opportunity to appear, hear the violations found by the village and present reasons why the
license should not be revolted or suspended.
(c) Within five days after such hearing, if the village manager determines that the license
should be revolted or suspended, the manager shall state the reason or reasons for such
determination in a written order of revocation or suspension and shall serve a copy of such
order within such five days upon the licensee.
Sec. 14 -33. Appeal to Board of Trustees.
(a) Any decision of the village manager under this Article may be appealed in writing to
the board of trustees within thirty days from the date of the village manager's decision. The
written appeal shall set forth the decision of the village manager and brief statement of the
basis for the appeal. Any portion of the village manager's decision on a license may be
appealed.
(b) Except as provided in Section 14 -25 hereof, waiver of bond shall only be granted upon
petition to the board of trustees. Such petition may be made at any time. The petition must
be signed by the raffle manager and by the president or chairperson of the organization, and
must give reasons why the procurement of a bond in the required amount would constitute
an undue hardship, and that an alternative method is available to protect the public in lieu of
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the bond.
Sec. 14 -34. Construction -- Gambling not authorized. Nothing in this Article shall be
construed to authorize conducting or operating any gambling or gaming scheme, enterprise,
activity or device other than raffles as provided for herein.
Sec. 14 -35. Penal . Any person, firm or corporation violating the provisions of this Article
shall be subject to a fine of not less than Five ($5.00) dollars and not more than Five Hundred
($500.00) dollars.
SECTION 2: That this Ordinance, and each of its terms, shall be the effective legislative act
of a home rule municipality without regard to whether such Ordinance should: (a) contain terms
contrary to the provisions of current or subsequent non - preemptive state law; or, (b) legislate in a
manner or regarding a matter not delegated to municipalities by state law. It is the intent of the
corporate authorities of the Village of Deerfield that to the extent that the terms of this Ordinance
should be inconsistent with any non - preemptive state law, this Ordinance shall supersede state law in
that regard within its jurisdiction.
SECTION 3: That this Ordinance shall be in full force and effect from and after its passage,
approval and publication in pamphlet form as provided by law.
PASSED this 21st day of March , 20 11
AYES: Benton, Farkas, Jester, Oppenheim, Seiden (5)
NAYS: None (0)
ABSENT: Struthers (1)
ABSTAIN: None (0 )
APPROVED this 21st
day of March
Village Presi ent
ATTEST:
Villade Clerk I
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2011
FR-4 Village of Deerfield
Office of the Village Manager
THE E OF 850 Waukegan Road,
DE ELD Deerfield, IL 600 15,
RAFFLE LICENSE APPLICATION
This application must be completed and filed with the Office of the Village Manager not less than thirty (30) days prior
to the date set for the commencement of the distribution of the raffle chances. A twenty-five dollar fee is required to
hold a raffle. The applicant organization must be recognized as a non - profit entity. Completion of this application is pur-
suant to Chapter 14, Article 2 of Deerfield's Municipal Code. Feel free to contact Jenny Maltas, Assistant to the Village
Manager, at (847) 719/7403 with any questions.
Name of Organization:
Address:
Date & Place of Incorporation:
# of Members:
Is Your Organization a Bona Fide Nonprofit? Y/N
Raffle Manager:
Address:
Date Chance Distribution Begins:
Location ofWinner Selection:
Type of Organization:
Phone:
President/ Chairman:
Years in Village:
Phone:
Member of Organization? Y/N
Raffle Date:
Maximum Cost per Chance: $ Retail Value of TOP PRIZE: $
Aggregate Retail Value of ALL PRIZES: $
# of Raffles to be Conducted:
*The Raffle Manager must tender a Fidelity Bond to the Village in an amount equal to the aggregate value of the prizes
to be awarded in the raffle. This requirement can be waived if the Raffle Manager submits a bond waiver in the form of
proof that the organization's membership or Board ofTrustees have voted unanimously in favor of the waiver.
Fidelity Bond (copy attached) ❑ Bond Waiver (copy attached)
Bond Amount:
We do hereby certify that (organization) is a bona fide non - profit (religious,
charitable, labor, fraternal, educational, -veterans') organization which has been in existence for at least five years with
a bona fide membership engaged in carrying out organizational objectives and we have received, understand and will
adhere to applicable provisions of Chapter 14, Article 2 of the Deerfield Municipal Code.
Subscribed and sworn before me this day of , 20_.
Notary Public
President of Organization
Based on the information submitted, I hereby grant the appliant organization permission to hold a raffle as outlined
above.
Village Manager Date
Village of Deerfield 1 850 Waukegan Road I Deerfield, IL 60015 1 Office of the Village Manager I P. 847.719.7000 1 F. 847.945.0214 1 www.deerfield.il.us