Synopsis: Authorization of Raffles. Allows only non-profit, tax-exempt churches, schools, civic organizations, qualified under Section 501 ( c ) of the IRS or bona fide non-profit organization approved by the Sheriff to become properly licensed to conduct raffles.
License Requirements: No qualified organization will be permitted to operate a raffle until the Sheriff issues a license to the organization authorizing it to do so. If the organization operates in more than one county, only one (1) license is required from the county in which the state headquarters is located.
How to get a license?: The organization shall make application to the Sheriff on forms prescribed by the Sheriff and shall pay an annual fee of $100.00. No license will be issued unless the organization has been in existence at least 24-months. This license expires on December 31st of each year.
Exceptions to license requirements: Any organization that operates raffles for residents and patients of a retirement or nursing home or hospital, at which gross receipts are less than $100.00 and prizes are valued at less than $100.00, none of the applicants have are required to submit fingerprints or photographs as a condition of being granted a license. (SEE LEGISLATION – THERE IS NOT REQUIREMENT FOR FINGERPRINTING AND PHOTOGRAPHING OF ANY OF THE LICENSEE.)
If a non-profit organization only operates up to three (3) raffles during a calendar year and each raffle does not exceed 30-days, the Sheriff can issue a special license and charge NO fee.
- Suspend or revoke any license for any violation of this law.
- Allows the Sheriff to come upon the premises of any licensee or upon the premises on which any licensee is conducting a raffle for purpose of examining the accounts and records.
- Promulgate rules and regulations which the Sheriff deems necessary for the proper administration and enforcement of this code section. These cannot be in conflict with any of the provisions of this code section.
Requirements of Licensees:
- On or before April 15th, every licensee operating raffles shall file a report with the Sheriff disclosing all receipts and expenditures relating to the previous year.
- Maintain the following records for at least three (3) years from the date on which the raffle is conducted:
- Itemized list of the gross receipts for each raffle
- Itemized list of all expense other than prizes that are incurred in the conducting of the raffle as well as the name of each person to whom the expenses are paid and a receipt for all of the expenses,
- List of all prizes awarded and name and address of all person(s) who are winners of prizes of the $50.00 or more,
- An itemized list of the recipients other than the licensee of any proceeds of the raffle,
- A record of the number of person(s) who participate in any raffle conducted by the licensee.
The Licensee shall also:
- Own all the equipment used to conduct a raffle or lease equipment from an organization that is licensed to conduct a raffle.
- Display its raffle license conspicuously at the location of the raffle.
- Conduct raffles only as specified in the licensee’s application.
- Not conduct more than one (1) raffle during any one (1) calendar day.
Operating a raffle without a license is commercial gambling under SS 16-12-22 and punished accordingly – felony conviction – One (1) to Five (5) years and a fine of no more than $ 20,000.00.
Violation of any other provision of this code section is a misdemeanor of a high and aggravated nature. A second offense is a felony – One (1) to Five (5) years and a fine of no more than $ 10,000.00.
THIS IS ONLY A SYNOPSIS OF THE LAW – PLEASE REVIEW THIS LEGISLATION BEFORE YOU IMPLEMENT ANY OF ITS PROVISIONS.