86 Ill. Adm. Code 435.110
Definitions
Section 435
Section 435.110 Definitions
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).