California Code of Regulations › Title 11 - Law › Division 3 - Gambling Control › Chapter 1 - The Bureau of Gambling Control › Article 8 - Major League Sports Raffle Program › Section 2097 - Winner Determination

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Once
				  verified, a registered event shall have only one winning raffle ticket.
(b) Raffle winners need not be present to claim
				  the prize.
(c) Prior to conducting the
				  manual draw, the gross receipts from the registered event must be tallied, and the
				  prize amount of the raffle must be determined and publicly announced.
(d) Every eligible organization shall use a manual
				  draw procedure that ensures that every counterfoil generated after the sale of a
				  raffle ticket has an equal chance of being selected during the manual
				  draw.
(e) An eligible organization must
				  not conduct a manual draw unless the fiduciary or manual draw supervisor is present.
				  Every manual draw must occur at an authorized public or private site and the entire
				  draw process must be video recorded. All draw numbers in the container must be
				  intermixed before drawing a winning number. A copy of the video recording described
				  in this subdivision must be maintained as part of the records required for the
				  registered event.
(f) The counterfoil
				  selected as the winner during the manual draw must be validated as sold during the
				  registered event for which the manual draw is conducted.
(g) Voided raffle tickets shall not qualify toward
				  a prize.
(h) The raffle player shall
				  present the purported winning raffle ticket to the fiduciary or manual draw
				  supervisor overseeing the registered event for validation as containing the prize
				  winning draw number.
(i) Every eligible
				  organization is responsible for collecting appropriate identification information
				  and for providing the winner of raffle prize at a registered event with the
				  appropriate tax reporting documentation.
(j) Every eligible organization must comply with
				  any tax withholding requirements established by the Department of the Treasury, the
				  Internal Revenue Service or the State of California, Franchise Tax Board, and any
				  reporting requirements on monetary transactions imposed by state or federal
				  laws.
(k) Each eligible organization
				  shall post the winning raffle draw number for each registered event on the
				  affiliated sports team's website or on the eligible organization's website within 48
				  hours after the manual draw for the registered event is held.
(l) The winner of a raffle prize must present the
				  actual, purchased raffle ticket from the registered event, displaying the winning
				  raffle draw number within 30 days of the event in order to be eligible to redeem the
				  prize.
(m) Any raffle prize unclaimed by
				  a winner within the 30-day redemption period may be used as provided in Penal Code
				  section
				  320.6, subdivision
				  (d)(4)(A) by the eligible organization provided the time for redemption of the prize
				  has expired.
(n) Within 31 days of the
				  conclusion of a registered event, an eligible organization shall post on either its
				  Internet Web site or the affiliated sport team's Internet Web site all of the
				  information required pursuant to subdivision (o)(12) of Penal Code section
				  320.6.
1. New section
					 filed 4-28-2016 as an emergency; operative 4-28-2016 (Register 2016, No. 18). A
					 Certificate of Compliance must be transmitted to OAL by 10-25-2016 or emergency
					 language will be repealed by operation of law on the following day.
2.
					 New section refiled 10-17-2016 as an emergency; operative 10-25-2016 (Register 2016,
					 No. 43). A Certificate of Compliance must be transmitted to OAL by 1-23-2017 or
					 emergency language will be repealed by operation of law on the following
					 day.
3. New section refiled 1-18-2017 as an emergency; operative
					 1-23-2017 (Register 2017, No. 3). A Certificate of Compliance must be transmitted to
					 OAL by 4-24-2017 or emergency language will be repealed by operation of law on the
					 following day.
4. Certificate of Compliance as to 1-18-2017 order,
					 including amendment of subsection (k), new subsections (l) and (m) and amendment of
					 NOTE, transmitted to OAL 4-17-2017 and filed 5-30-2017; amendments operative
					 5-30-2017 pursuant to Government Code section
					 11343.4(b)(3)
					 (Register 2017, No. 22).
5. New subsection (n) and amendment of NOTE
					 filed 10-28-2019; operative 10-28-2019 pursuant to Government Code section
					 11343.4(b)(3)
					 (Register 2019, No. 44).
Note: Authority cited: Section
						320.6, Penal Code.
						Reference: Section
						320.6, Penal
						Code.