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
(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.