Code of Massachusetts Regulations › 961 CMR - STATE LOTTERY COMMISSION › Title 961 CMR 4.00 - Regulations Concerning Certain Raffle And Bazaar Permits › Section 4.02 - Definitions

Current through Register 1525, July 5, 2024
(1)
Licensed Organization
means any
				licensed Organization as defined in
				961 CMR 3.02(10)
				 which also holds a Raffle and Bazaar permit
				issued pursuant to M.G.L. c. 271, § 7A.
(2)
Net Proceeds
is Gross Receipts
				less taxes, prizes and reasonable and necessary expenses ordinarily incidental
				to the conduct of said Raffle and Bazaar.
(3)
Function
is a Bazaar maintained
				and conducted by a Licensed Organization for the disposal of awards of cash or
				its equivalent by means of Games of Chance. This includes, without limitation
				thereto, so-called Las Vegas, Casino or Monte Carlo Nights.
(4)
Gross Receipts
means the total
				amount of money received from the sale of Raffle tickets; or the total amount
				of money received as admission fees and from the sale or transfer for money of
				chips, script or the like used to make wagers on Games Of Chance.
(5)
Games of Chance
means any game in
				which the element of chance predominates over any element of skill in
				determining the winner of a prize.
(6)
Raffle
means an arrangement for
				raising money by the sale of tickets, certain among which, as determined by
				chance after sale, entitle the holders to prizes. In any event, Beano or a
				similar game under another name shall not constitute a Raffle as herein
				defined.
(7)
Bazaar
means a place maintained by
				a Licensed Organization for disposal of merchandise or cash awards by means of
				chance; provided that the awarding of cash prizes in excess of the amount
				allowed by M.G.L. c. 271, § 7A or any successor thereto is expressly
				prohibited.
(8)
Local Licensing Authority
means
				the clerk of the city or town wherein a permit to conduct Raffles and Bazaars
				is issued or to whom an application to conduct same is submitted.
(9)
Lawful Purpose
means one or more
				of the following educational, charitable, religious, civic or fraternal
				purposes or veterans benefits.
(a) Those which benefit needy or deserving persons, indefinite
				in number: by enhancing their opportunity for religious, social or educational
				advancement, by relieving them from disease, suffering or distress, by
				contributing to their physical well-being, by assisting them in establishing
				themselves in life as worthy and useful citizens, or by increasing their
				comprehension of and devotion to the principles upon which this nation was
				founded and increasing their loyalty to their nation.
(b) Those which initiate, perform or foster worthy public works
				or enable or further the construction or maintenance of public
				structures.
(c) Those which lessen the burdens of government or which are
				voluntarily undertaken by an authorized organization to augment or supplement
				services which are usually rendered by government such as the equipment or
				maintenance of an authorized volunteer, non-profit fire company or similar
				organization furnishing public fire protection or the equipment and maintenance
				of an authorized volunteer, non-profit organization furnishing a public
				ambulance or rescue service.
(d) Those purposes which operate for the pleasure, recreation
				and mutual benefit of all the members of a fraternal organization in the
				realization of its purposes and no part of which is distributed to or accrued
				in kind to any of its members.
(e) The preceding purposes shall not include the construction,
				acquisition, improvement, maintenance or repair of any real or personal
				property beyond that portion of the use or occupancy thereof determined by the
				Director to be devoted to one or more Lawful Purpose as herein defined.
(10)
The Director
means the Director
				of the Massachusetts State Lottery Commission or his duly appointed
				representative except as otherwise required by law.
(11)
The Commission
means the
				Massachusetts State Lottery Commission or its duly designated agent.
(12)
Gift Certificate
means a writing
				identified as a gift certificate, purchased by a Licensed Organization or
				donated by a donor, for use by a person other than the Licensed Organization,
				not redeemable in cash and usable in its face amount in lieu of cash in
				exchange for goods or services supplied by the seller or donor thereof.
(13)
Raffle/Bazaar Law
means M.G.L. c.
				271, § 7A as amended.