Illinois Administrative Code › Title 86 - REVENUE › Part 435 - CHARITABLE GAMES ACT › Section 435.110 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
As used in this Part, the terms listed below are defined as
				follows:
"Act": The Charitable Games Act [230 ILCS 30 ].
"Charitable games": The 14 games of chance involving
				cards, dice, wheels, random selection of numbers, and gambling tickets
enumerated in Section
				435.160
				that
may be conducted at charitable games events
. Only the
				following games may be conducted at a charitable games event:
roulette,
				blackjack, poker, pull tabs, craps, bang, beat the dealer, big six, gin rummy,
				five card stud poker, chuck-a-luck, keno, hold-em poker, and merchandise
				wheel.
(Section 2 of the Act)
"Charitable games equipment": Any supplies, devices, equipment,
				products or materials designed for use or used in the playing of charitable
				games, including, but not limited to, cards, dice, pull tabs and any related
				type of gambling ticket, chips, representations of money, and wheels.
"Charitable games event" or "event": The type of
				fundraising event authorized by the Act at which participants pay to play
				charitable games for the chance of winning cash or noncash prizes
, and
				which may be conducted only on the date stated on a license issued by the
				Department (Section 2 of the Act).
"Charitable games license": A license to conduct charitable
				games issued under Section
				435.120,
				including any renewed or amended license issued under Section 435.120.
"Charitable organization":
An
				organization or institution organized and operated to benefit an indefinite
				number of the public.
(Section 2 of the Act)
"Chips": Scrip, play money, poker or casino chips, or
				any other representations of money, used to make wagers on the outcome of any
				charitable game.
(Section 2 of the Act)
"Consultant company": Any person, as defined in this Section,
				that is hired by or on behalf of a licensed organization to perform services at
				the event (other than management or operation of the event), including, but not
				limited to, security for persons or property at the event (other than for the
				charitable games equipment and money, chips or scrip used in the conducting of
				charitable games), or to perform services before the event, including, but not
				limited to, training for volunteers or advertising. "Consultant companies"
				include, for instance, "party planners" who plan an event for a licensed
				organization by locating and securing qualified suppliers and providers on
				behalf of the licensed organization, or who assist a licensed organization in
				planning a hosted casino night that is not open to the public (e.g., an event
				open to only a corporation and its clients that is hosted by the licensed
				organization and in return for which a donation is made to the licensed
				organization).
"Currency": Coin, checks, marketable securities, or any other
				similar item that can be readily redeemed or converted into legal
				tender.
"Department": The Illinois Department of
				Revenue
(Section 2 of the Act).
"Educational organization":
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
that
compare favorably in their scope
				and intensity with the course of study presented in tax-supported
				schools
(Section 2 of the Act). For purposes of the Act, a public
				school or school district is not considered an educational organization.
"Fraternal organization":
An
				organization of persons, including but not limited to ethnic organizations,
				having a common interest, organized and operated exclusively to promote the
				welfare of its members and to benefit the general public on a continuing and
				consistent basis
(Section 2 of the Act).
"Holiday": Any of the holidays listed in Section 17 of the
				Promissory Note and Bank Holiday Act [815 ILCS 105 ].
"Ineligible organization": An organization that is ineligible
				for any license under the Act and Section
				435.150.
"Labor organization":
An organization
				composed of labor unions or workers organized with the objectives of betterment
				of the conditions of those engaged in such pursuit and the development of a
				higher degree of efficiency in their respective occupations
(Section 2
				of the Act).
"License year": The two-year period beginning on the date a
				charitable games license, or the renewal of a charitable games license, is
				effective under the Act. The licensure date is stated on the license or renewed
				license.
"Licensed organization":
A qualified
				organization that has obtained a charitable games license
under
				Section
				435.120
				(Section 2 of the Act).
"Management or operation" of an event includes, but is not
				limited to:
selling admission tickets or pull tabs at the event; selling or
				redeeming or in any way assisting in the selling or redeeming of chips; or
				participating in the conducting of any games played at the event or acting as a
				supervisor or pit boss of a person conducting the games;
conducting a game, which includes, but is not limited to,
				dealing cards in poker or other card games, spinning the roulette wheel,
				turning the chuck-a-luck cage, or acting as a croupier;
counting or handling, or supervising anyone who counts or
				handles, any of the proceeds or chips at the event;
being present at the event to ensure that the games are being
				conducted in conformance with the rules established by the licensed
				organization or to ensure that the equipment is working properly; and
providing security for the charitable games equipment, the
				chips used in the conducting of charitable games, or money at the event.
"Management or operation" of an event does not include setting
				up, cleaning up, selling food and drink, or providing security either for
				persons or property at the event (other than for the charitable games equipment
				or chips used in the conducting of charitable games).
"Non-profit organization":
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
(Section 2 of the Act).
"Organization":
A corporation, agency,
				partnership, association, firm, business or other entity consisting of two or
				more persons joined by a common interest or purpose
(Section 2 of the
				Act).
"Person": Any natural individual, corporation,
				partnership, limited liability company, organization as defined in this
				Section, qualified organization,
sponsoring organization,
licensed organization, or volunteer
(Section 2 of the
				Act).
"Premises":
A distinct parcel of land and the buildings
				thereon
(Section 2 of the Act)
.
Premises may also
				include a boat upon which charitable games are being played, provided that
				documentation required by the Department regarding the location and
				identification of the boat is submitted with the application.
"Provider":
Any
person or organization
				owning, leasing, or controlling premises upon which any charitable game event
				is to be conducted
(Section 2 of the Act).
"Qualified organization": An organization that:
is not an ineligible organization;
is a bona fide
charitable, religious, fraternal,
				veterans, labor or educational organization that is exempt from federal income
				taxation under sections 501(c)(3), (c)(4), (c)(5), (c)(8), (c)(10) or (c)(19)
				of the Internal Revenue Code; a veterans organization as defined in Section
				1.1 of the Bingo License
				and Tax Act
[230 ILCS 25 ];
an auxiliary organization of a
				veterans organization;
or a local fraternal mutual benefit
				organization;
is organized in Illinois
(Section 2 of the
				Act);
is a non-profit organization; and
except in the case of a local fraternal mutual benefit
				organization,
has been in existence in Illinois continuously for a
				period of 5 years immediately before making application for a license and which
				has had during that 5-year period a bona fide membership engaged in carrying
				out its objects. The 5-year period is reduced to 2 years in the case of a local
				organization that is affiliated with and chartered by a national organization
				that meets the 5-year requirement.
To be chartered by a national
				organization, an Illinois organization must have a document issued by the
				national organization formally authorizing the establishment of the Illinois
				organization.
The period of existence specified in this subparagraph
				shall not apply to an organization, organized for charitable purposes, created
				by a fraternal organization that meets the existence requirements if the
				charitable organization has the same officers and directors as the fraternal
				organization. Only one charitable organization created by a branch lodge or
				chapter of a fraternal organization may be licensed under this
				provision.
In the case of a
local fraternal mutual benefit
				organization
, the organization must
be chartered at least 40
				years before it applies for a license under the Act
. (Section 3 of the
				Act)
"Religious organization":
Any church,
				congregation, society, or organization founded for the purpose of religious
				worship
(Section 2 of the Act).
"Sponsoring organization": A qualified organization
				that has obtained a license to conduct a charitable games event in conformance
				with the provisions of the Act (Section 2 of the Act).
"Supplier":
Any person, firm, or
				corporation that sells, leases, distributes or otherwise provides to any
				licensed organization any charitable games equipment
(Section 2 of the
				Act).
"Veterans' organization":
An
				organization 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
(Section 2 of the Act).
"Volunteer":
A
person
who,
				without consideration
, performs services at a charitable games
				event
for the benefit of a licensed organization
, including
				participation in the management or operation of a game under
Section
				435.170(b)
				 (Section 2 of the Act).