Current through Register Vol. 48, No. 38, September 20, 2024
a)
Licenses
1) In General
A) Except as otherwise provided, no person
may conduct charitable games without having in its possession a valid
charitable games license issued by the Department. In addition, a licensed
organization may conduct charitable games only on the date, during the hours,
and (except as provided in subsection (a)(4)) at the location stated on the
license.
B) A charitable games
license will be issued for as many as four events during a license year. A
charitable games event is considered to be a one-date event (beginning no
earlier than noon of one day and concluding no later than 2 a.m. on the
following day). These dates may be consecutive or separate, or a combination of
both.
C)
A licensed
organization may hold only one charitable games license. (Section 3 of
the Act) A license is not assignable or transferable. (Section
4(8) of the Act)
D) The Department
shall issue a charitable games license only upon:
i) submission of an application in the form
and manner provided in this Section;
ii) payment of a nonrefundable fee of $400 in
the form of a check or money order payable to the Illinois Department of
Revenue; and
iii) a determination
by the Department that the applicant is a qualified organization.
E) Unless renewed or extended as
provided in subsection (a)(3) and (a)(5), a charitable games license shall be
valid only for the two-year period beginning with the effective date stated on
the license. However, as provided in Section
435.200,
the Department may suspend or revoke a license prior to the expiration of the
two-year period.
2)
Application. At least 30 days prior to the date or dates an organization wishes
to conduct charitable games, the organization must submit to the Department an
application for a charitable games license.
The Department may issue a
license to an organization that applies less than 30 days prior to the date or
dates the licensee wishes to conduct the games if all other requirements of the
Act are met and the Department has sufficient time and resources to issue the
license in a timely manner. (Section 3 of the Act) Application for a
license shall be made on the forms prescribed by the Department and must
contain the following information:
A)
A sworn statement attesting to the not-for-profit character of the
prospective licensee organization, signed by a person listed on the application
as an owner, officer, or other person in charge of the necessary day-to-day
operations of that organization. (Section 4(1) of the Act)
B) Documentary evidence sufficient to show
that the organization is a qualified organization. The documentation (bylaws,
constitution, charter, minutes of past meetings, promotional material and
articles of incorporation) should prove that the organization has been carrying
out its objectives for the requisite period preceding the
application.
C) Any other
information requested by the Department necessary to establish the eligibility
of the organization for a license, including a copy of the determination letter
or other document issued to the organization by the Internal Revenue Service
showing that the organization is currently exempt from federal income taxation
under section 501(c)(3), 501(c)(4), 501(c)(5), 501(c)(8), 501(c)(10) or
501(c)(19) of the Internal Revenue Code.
D) Information concerning all of the members,
volunteers and employees of the organization who will participate in the
management or operation of the charitable games events to be conducted under
the license. This information shall include the names, addresses, social
security numbers and dates of birth of all persons who will participate in the
management or operation of the games, along with a sworn statement made under
penalty of perjury, signed by the presiding officer and secretary of the
applicant, that the persons listed as participating in the management or
operation of the games are bona fide members, volunteers or employees of the
applicant, that to the best of his or her knowledge these persons have not
participated in the management or operation of more than 12 charitable games
events conducted by any licensed organization in the calendar year, and that
these persons will receive no remuneration or compensation, directly or
indirectly, from any source, for participating in the management or operation
of the games. Any amendments to this listing, including a list of additional
members, volunteers and employees who will participate in the management or
operation of the charitable games events, must contain an identical sworn
statement. If, from the information provided, the Department cannot determine
with reasonable certainty that a member, volunteer or employee does not have a
criminal record that would make the organization ineligible for a license under
Section
435.150,
the Department will require the member, volunteer or employee to submit to
fingerprinting in order to make a more certain determination as to the lack of
a criminal history of the member, volunteer or employee. Information concerning
additional members, volunteers and employees must be received by the Department
in writing at least 3 days before the event and must contain all the
information required in this subsection (a)(2)(D).
3) Renewals
A) In General. At least 30 days prior to the
expiration of its current license (but no earlier than 60 days), an
organization holding a valid license may apply for renewal of its license in
the manner provided in this subsection (a)(3). A license so renewed shall be
considered a valid license for the two-year period beginning on the effective
date stated on the renewed license.
B) Notice of License Renewal. Upon payment of
a nonrefundable fee of $400, in the form of a check or money order payable to
the Department, and a determination by the Department that the organization
remains a qualified organization eligible for a license, the Department shall
issue the organization a renewed license. An organization may not conduct
charitable games at any time following the expiration of its license without
having been issued a renewed license.
C) Application for Renewal. Application for
renewal shall be made on the forms prescribed by the Department and must
contain the following information:
i)
A sworn statement attesting to the not-for-profit character of the
prospective licensee organization, signed by a person listed on the application
as an owner, officer, or other person in charge of the necessary day-to-day
operations of that organization. (Section 4(1) of the Act)
ii) A statement of the names, addresses,
social security numbers and dates of birth of all persons who will participate
in the management or operation of the games not previously provided to the
Department under this subsection (a)(3)(C)(ii) or under subsection (a)(2)(D),
plus a statement that information previously provided to the Department under
subsection (a)(2)(D) regarding the persons who will participate in the
management or operation of the games remains unchanged, plus a sworn statement
made under penalty of perjury, signed by the presiding officer and secretary of
the applicant, that the persons who will participate in the management or
operation of the games are bona fide members, volunteers or employees of the
applicant, that to the best of his or her knowledge these persons have not
participated in the management or operation of more than 12 charitable games
events conducted by any licensed organization in the calendar year, and that
these persons will receive no remuneration or compensation, directly or
indirectly, from any source, for participating in the management or operation
of the games. Any amendments to this listing, including a list of additional
members, volunteers and employees who will participate in the management or
operation of the charitable games events, must contain an identical sworn
statement. If, from the information provided, the Department cannot determine
with reasonable certainty that a member, volunteer or employee does not have a
criminal record that would make the organization ineligible for a license under
Section 435.150, the Department will require the member, volunteer or employee
to submit to fingerprinting in order to make a more certain determination as to
the lack of a criminal history of the member, volunteer or employee.
Information concerning additional members, volunteers and employees must be
received by the Department in writing at least 3 days before the event and must
contain all the information required in this subsection
(a)(3)(C)(ii).
iii) Any other
information requested on the form supplied by the Department necessary to
establish the continued eligibility of the organization for a charitable games
license.
4)
Amended License. Upon submission by a licensed organization of a written
request, the Department may issue the organization an amended license that
changes the location, day or time in which the licensed organization is
authorized to conduct charitable games. In the case of a request to change the
location, the requirements of subsection (a)(1)(B) apply. An organization may
not conduct charitable games at the new location, date, or time without having
in its possession the amended regular license. If a licensee wishes to
conduct games at a location other than the locations originally specified in
the license, the licensee shall submit the written request at least 30 days
before the night on which the licensee wishes to conduct games at the alternate
location. The Department may accept an applicant's change in location with less
than 30 days' notice if all other requirements of the Act are met and the
Department has sufficient time and resources to process the change in a timely
manner. (Section 3 of the Act)
5) Extensions. The Department may grant an
extension of a charitable games license beyond the period for which the license
is otherwise effective (but not to exceed one year), provided that an
application for renewal of the license has been first submitted to the
Department in accordance with subsection (a)(3).
b) Upon receipt of a charitable games
license, including any renewed or amended license, the licensed organization
shall file a copy of the license with each police department or, if in
an unincorporated area, each sheriff's office whose jurisdiction includes the
premises on which the charitable games events are authorized under the
license (Section 4(4) of the Act).
c) The Department will not issue a charitable
games license for an event to be held in a municipality if the municipality or
county has adopted an ordinance prohibiting such events and has filed a copy of
the ordinance with the Department.
d) A licensed organization must notify the
Department of a change in officers within 30 days after the change.
Notification must include the name, address, social security number, date of
birth, sex and daytime telephone number of the officer. In addition, the
presiding officer and secretary will be required to sign an amended
application.