Code of Massachusetts Regulations
961 CMR - STATE LOTTERY COMMISSION
Title 961 CMR 4.00 - Regulations Concerning Certain Raffle And Bazaar Permits
Section 4.03 - Licensing

Universal Citation: 961 MA Code of Regs 961.4

Current through Register 1531, September 27, 2024

(1) Form of Application. Application for a permit to conduct Raffles and Bazaars shall be made to the clerk of the city or town in which the Raffle will be drawn or the Bazaar held. The application form shall be approved by the Commission of Public Safety and shall include the name and address of the applicant, the evidence on which the applicant relies in order to qualify under 961 CMR 4.03, the names or three officers or members of the organization who shall be responsible for the operation of the Raffle or Bazaar, and the uses to which the net proceeds will be applied. A fee of ten dollars shall accompany each such application and shall be retained by the city or town. Upon receipt of such application, the clerk shall determine whether it is in conformity with 961 CMR 4.03. If the clerk so determines he shall forward the application to the chief of police of the city or town, who shall determine whether the applicant is qualified to operate Raffles and Bazaars under 961 CMR 4.03. If the chief of police so determines, he shall endorse the application and return it to the clerk, who shall forthwith issue a permit, which shall be valid for one year from the date of its issuance. The clerk shall retain a copy of the application and shall send a copy to the Commissioner of Public Safety. If there is any change in the facts set forth in the application for a permit subsequent to the making of such application, the applicant shall forthwith notify the authority granting such permit of such change, and such authority shall issue such permit if the applicant is qualified, or, if a permit has already been issued and the change in the facts set forth in the application disqualify the applicant revoke such permit.

(2) Notice To The Commission. No Licensed Organization shall conduct a Function unless it has first delivered notice to the Director at least 30 days prior to the date upon which the Function is to be held. Said notice shall be in writing and shall include:

(a) The name and address of the Licensed Organization and the name and address of the member in charge of the conduct of the Function;

(b) The date of the Function;

(c) The location at which the Function will be held;

(d) The hours during which the Function will be conducted.

Delivery by mail, postage pre-paid, certified mail return receipt requested shall constitute effective delivery of said notice.

(3) Lists Required to be Kept: Membership List. Each Licensed Organization must maintain a list of its current membership by name, address, telephone number and a description of the type of membership in the o rganization which shall be kept available for inspection at all reasonable times. The Director or the Local Licensing Authority may require any applicant organization to file a list of its current members, officers and directors with the Commission or Local Licensing Authority and may further require filing of supplementary lists of additions, deletions and changes required to keep the original list up to date.

(4) Premises. Unless otherwise authorized by the Director in writing, any Function shall be conducted only on the premise listed on the face of the Licensed Organization's license to conduct Beano issued pursuant to 961 CMR 3.03.

(5) Denial of Original Renewal Application for Permit. If an application is not acted upon within 30 days after it is submitted, or if the organization is refused a permit, any person named on the application may obtainjudicialreview of such refusal by filing within ten days of such refusal or within ten days of the expiration of such 30 day period a petition for review in the district court having jurisdiction in the city or town in which such application was filed. A justice of said court, after a hearing, may direct that such permit be issued, if he is satisfied that there was reasonable grounds for refusing such permit, and that the applicant was not prohibited by law from holding Raffles and Bazaars.

(6) Revocation or Suspension of Permit. The authority granting any permit under 961 CMR 4.03 shall immediately revoke the same for violation of any provision of the Raffle/Bazaar Law and shall not issue any permit to such permittee within three years from the date of such violation. Any person aggrieved by the action of such authority revoking such permit may appeal to the district court having jurisdiction in the city or town where the permit was issued; provided that such appeal shall be filed in such court within 20 days following receipt of notification by said authority. The court shall hear all pertinent evidence and determine the facts and upon the facts so determined annul such action or make such decision as equity may require. The foregoing remedy shall be exclusive.

The Director may suspend or revoke any permit for violation of the Raffle Bazaar Law or for violation of 961 CMR 4.00. Any person aggrieved by the action of the Director revoking or suspending such permit may appeal to the district court having jurisdiction in the city or town where the permit was issued; provided that such appeal shall be filed in such court within 20 days following receipt of notification by the Director.

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