|
CHAPTER 810, ACTS OF 1969
<br /> AN ACT AUTHORIZING CERTAIN ORGANIZATIONS TO CONDUCT RAFFLES AND BAZAARS
<br /> Whereas, The deferred operation of this act would tend to defeat its purpose, which is, in part, to authorize forth-
<br /> with that certain organizations may conduct raffles and bazaars and provide a further source of tax revenue to the common-
<br /> wealth, therefore it is hereby declared to be an emergency law. necessary for the immediate preservation of the public
<br /> convenience.
<br /> Be it enacted by the Senate and House of Representatives in General Court assembled and by the authority of the
<br /> same, ae follows:
<br /> Chapter 271 of the General Laws is amended by inserting after section 7 the following section:-
<br /> Section 7A. .In this section the following words shall have the following meanings:
<br /> "Raffle", an arrangement for raising money by the sale of tickets, certain among which, as determined by chance
<br /> after the sale, entitle the holders to prizes.
<br /> "Bazaar", a place maintained by the sponsoring organization for disposal of merchandise awards by means of chance..
<br /> Notwithstanding any other provisions of law, raffles and bazaars may be promoted, operated and conducted under per-
<br /> mita issued in accordance with the provisions of this section.
<br /> No organization, society, church or club which conducts a raffle or bazaar under the provisions of this section shall
<br /> be deemed to have set up and promoted a lottery and nothing in this chapter shall authorize the prosecution, arrest or con-
<br /> viction of any person connected with the operation of any such raffle or bazaar; provided, however, that nothing contained in
<br /> this section shall be construed as permitting the game commonly known as "beano" or any similar game regardless of name.
<br /> No raffle or bazaar shall be promoted, operated or conducted by any person or organization, unless the same is
<br /> sponsored and conducted exclusively by (a) a veterans' organization chartered by the Congress of the United States or in-
<br /> cluded in clause(12) of section five of chapter forty of the General Laws; (b) a church or religious organization; (c)a fra-
<br /> ternal or fraternal benefit society; (d) an educational or charitable organization; (e) a civic or service club or organization;
<br /> and(f) clubs or organizations organized and operated exclusively for pleasure, recreation and other nonprofit purposes,
<br /> no part of the net earnings of which inures to the benefit of any member or shareholder. Such organization shall have been
<br /> organized and actively functioning as a nonprofit organization in the commonwealth for a period of not less than two years be-
<br /> fore it may apply for a permit. The promotion and operation of the raffle or bazaar shall be confined solely to the qualified
<br /> members of the sponsoring organization and no such member shall receive remuneration in any form for time or effort de-
<br /> voted to the promotion or operation of such raffle or bazaar. All funds derived from any raffle or bazaar shall be used
<br /> exclusively for the purposes stated in the application of the sponsoring organization which purposes shall be Limited to
<br /> educational, charitable, religious, fraternal or civic purposes or for veterans' benefits. An organization which meets the
<br /> qualifications required by this section and which desires to conduct or operate a raffle or bazaar within the commonwealth
<br /> shall apply for a permit to conduct raffles and bazaars from the clerk of the city or town in which the raffle will be drawn or the
<br /> bazaar held. The application form shall be approved by the commissioner of public safety and shall include the name and
<br /> address of the applicant, the evidence on which the applicant relies in order to qualify under this section, the names of three
<br /> officers or members of the organization who shall be responsible for the operation of the raffle or bazaar, and the uses to
<br /> which the net proceeds will be applied. A fee of ten dollars shall accompany each such application and shall be retained by
<br /> the city or town. Upon receipt of such appiication, the clerk shall determine whether it is in conformity with this section. If
<br /> the clerk so determines, he shall forward the application to the chief of police of the city or town, who shall determine
<br /> whether the applicant is qualified to operate raffles and bazaars under this section. If the chief of police so determines, he
<br /> shall endorse the application and return it to the clerk; who shall forthwith issue a permit which shall be valid for one year
<br /> from the date of its issuance. The clerk shalt retain a copy of the application and shall send a copy to the commissioner of
<br /> public safety. If there is any change in the facts set forth in the application for a permit subsequent to the making of such
<br /> application, the applicant shalt forthwith notify the authority granting such permit of such change, and such authority shall
<br /> issue such permit if the applicant is qualified, or, if a permit has already been issued and the change in the facts set forth
<br /> in the application disqualify the applicant revoke such permit.
<br /> If an application is not acted upon within thirty days after it is submitted, or if the organization is refused a permit,
<br /> or if a permit is revoked, any person named on the application may obtain judicial review of such refusal or revocation by
<br /> filing within ten days of such refusal or revocation or within ten days of the expiration of such thirty day period a petition
<br /> for review in the district court having jurisdiction in the city or town in which such application was filed. A justice of said
<br /> court, after a hearing, may direct that such permit be issued, if he is satisfied that there was no reasonable ground for re-
<br /> fusing such permit, and that the applicant was not prohibited by law from holding raffles or bazaars.
<br /> An organization issued a permit under this section shall within thirty days of the expiration of its permit submit a
<br /> report on a form to be approved by the commissioner of public safety. Such form shall require information concerning the
<br /> number of raffles and bazaars held, the amount of money received, the expenses connected with the raffle or bazaar, the
<br /> names of the winners of prizes exceeding twenty-five dollars in value, the net proceeds of the raffles and bazaars, and the
<br /> uses to which the net proceeds were applied. The organization shalt maintain and keep such books.and records as may be
<br /> necessary to substantiate the particulars of such report, which books and records shall be preserved for at least one year
<br /> from the date of such report and shall be available for inspection. Such report shall be certified to by the three persons
<br /> designated in the permit application as being responsible for such raffle or bazaar and by an accountant. Two copies of said
<br /> report shall be filed with city or town clerk. The clerk shall send one copy to the commissioner of public safety. Failure to
<br /> file said report shall constitute sufficient grounds for refusal to renew a permit to conduct raffles or bazaars. The fee for
<br /> renewal of such permit shall be ten dollars.
<br /> The authority granting any permit under this section shall immediately revoke the same for a violation of any pro-
<br /> vision of this section and shall not issue any permit to such permittee within three years from the date of such violation. Any
<br /> person aggrieved by the action of such authority revoking such permit may appeal to the district court having jurisdiction in
<br /> the city or town where the permit was issued; provided that such appeal shall be filed in such court within twenty days
<br /> following receipt of notification by said authority. The court shall hear all pertinent evidence and determine the facts and
<br /> upon the facts so determined annul such action or make such decision as equity may require. The foregoing remedy shall be
<br /> exclusive.
<br /> Any organization conducting or operating a raffle or bazaar under this section shall file a return with the commission-
<br /> er of corporations and taxation, on a form prepared by him, and approved by the state tax commission within ten days after
<br /> the raffle or bazaar is'held and shall pay therewith a tax of five per cent of the gross proceeds derived from such rattle or
<br /> bazaar.
<br /> The provisions of chapter sixty-two relative to the assessment, collection, payment, abatement, verification and ad-
<br /> ministration of taxes, including penalties, shall, so far as applicable apply to the tax imposed by this section. All sums
<br /> received by said commissioner from the tax imposed by this section as taxes, interest thereon, fees, penalties, forfeitures,
<br /> costa of suits or fines, less all amounts refunded thereon, together with any interest or coats paid on account of such refunds,
<br /> shall be paid into the treasury of the commonwealth.
<br /> Whoever violates any provision of this section or submits false information on an application or report required un-
<br /> der this section shalt be punished by a fine of not more than one thousand dollars or by imprisonment in the house of
<br /> correction for not more than one year, or both.
<br /> No person who prints or produces tickets, cards or any similar article used in the conduct of a bazaar or raffle
<br /> pursuant to a permit issued under the provisions of this section shall be subject to any penalty therefor, provided that a
<br /> certified copy of such permit was presented to him prior to his undertaking to print or produce such tickets or cards,
<br /> (effective Aug. 26, 1969)
<br />
|