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CHAPTER 810, ACTS OF 1969
<br /> AN ACT AUTHORIZING CERTAIN ORGANIZATIONS TO CONDUCT RAFFLES ARID 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 certair. organtzarons may co^.a ct 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 /> f Representatives in General Court assembled and by the authority of the
<br /> Be it enacted by the Senate and House o
<br /> same,as follows:
<br /> ended by inserting after section 7 the following section:-
<br /> Chapter 271 of the General Laws is am
<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 /> ther provisions of law, raffles and bazaars may be promoted, operated and conducted under per
<br /> Notwithstanding any o
<br /> -
<br /> mits issued in accordance with the provisions of this section. r
<br /> No organization, society, church or club which conducts a raffle or bazaar under the provisions of this section shall
<br /> hapter shall
<br /> e the p-
<br /> be jeemed to have up and
<br /> tedrwithathe oleraron of antery and y ghnrafflethis cor bazaar; provided,zhoweverO9 that inoth ng contained in
<br /> viction of any p p y
<br /> this section shall be construed as permitting the game commonly known as this
<br /> 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 r-
<br /> cluded in clause (12) of settlor.five of chapter forty of the General Laws; (b) a church or religious organization; (c)a[ra-
<br /> ternat 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 toofit organization the benefit of Yn the commonwealth member or or a period of Such not lesser. nthanitwo years be-
<br /> no
<br /> as a nonprbe confined solely to the qualified
<br /> organized and actively Bde-
<br /> organization it may apply for a permit. The promotion and operation of the raffle or bazaar shall
<br /> on in an
<br /> members of t=empt sponsoring or operatnonaof suchdraffleuor bazaar. All lf funds derived from l receive any raffle or bazaar t hall be used de
<br /> voted to thep
<br /> exclusively for the purposes stated in the application of the sponsoring organization which purposea shall be limited to
<br /> or for veterans'
<br /> educational, charitable, religious, fraternal or civic purposes 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 /> ommissioner o
<br /> bazaar held. The application form shall be approved by the cf qualify under this section, the names of three
<br /> public safety and shall include the name and
<br /> address of the applicant, the evidence on which tKe applicant relies in order to
<br /> officers or members of the organization who shall oe,responsible for the operation of the raffle or bazaar, and the uses to
<br /> which the net proceeds will be applied. A fee of ter.dollars shall accompany each such application and shall be retained by
<br /> the city or town. Upon receipt of such application., the clerk shall determine whether it is in conformity with this section. If
<br /> determine
<br /> ice of the
<br /> ty or to
<br /> the clerk so determines, he shall foo erste rafard the flesation to the chief andbazaars underothislsection. Ifithe chief of policwn, who e sol determines, he
<br /> qualified to all be valid for one year
<br /> whether the applicant is qua P
<br /> shall endorse the application and return it to the clerk, who shall forthwith issue a permit, which s
<br /> ng of such
<br /> from the date of its issuance, The clerk shall retain a copy of the application and shall send a copy to the commissioner of
<br /> ubsequt to the maki
<br /> public safety. he is any shah forthwith hange in e factify Bheeauthority granting applicationst forth in the suchpermt ofrsuchpemitschangeenand suc}au hority shall
<br /> application, theappli
<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, acy person named on the application may obtain judicial review of such refusal or
<br /> a petition y
<br /> filing within ten days of such refusal or revocation or within ten days of the expiration of such thirty day p
<br /> on
<br /> for review in the district court having jurisdiction mit be a til dorif penis satisfied that in which such there was nor easonablefiled. A lground forre-
<br /> court, after a hearing, may airect that such p olden raffles or bazaars.
<br /> c
<br /> ou h
<br /> fusing such permit, ana that the applicant was not prohibited by Law from g
<br /> An organization issued a permit under this section shall within thirty days of tileall expiration of its permit concerning
<br /> t
<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 shall maintain and keep such books and records as may be
<br /> hich books and records shall be preserved for at least one year
<br /> necessary to substantiate the particulars of such report, w
<br /> from the date of such report and shall be available for inspection, Such report shall be certified to by the three persons
<br /> bazaar and by an
<br /> designated
<br /> i be fi ed withapplication
<br /> or town as being responsiThe blesfor
<br /> such
<br /> rafle one con to the commissioner neroof public safety.untant. Two PtFaes ilureito
<br /> a file said report shall constitute sufficient grounds for refusal to renew a permit to conduct raffles or bazaars, The tee for
<br /> report ah
<br /> y 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 a such violation. Any
<br /> ority revoking such permit may appeal
<br /> person aggrieved by the action of such authto the district court having jurisdiction in
<br /> I be filed in such court within twenty days
<br /> the city or town where the permit was issued; provided that such appeal shal
<br /> j following receipt of notification by said authority. the facts and
<br /> d The court shall hear all pertinent evidence and determine
<br /> upon the facts pt determined annul such action or make such decision as equity may require, The foregoing remedy shall be
<br /> pt
<br /> exclusive.
<br /> i.,
<br /> Any organization conducting or operating a raffle or bazaar under this section shall file a return with the commiesion-
<br /> er of corporations and taxation, on a form prepared by him, and approved by the state tax commission within ten days after
<br /> f five per cent of the gross proceeds derived from such rattle or
<br /> the raffle or bazaar is held and shall pay therewith a tax o
<br /> bazaar.
<br /> The provisions of chapter sixty-two relative to the assessment, collection, payment, abatement, verification and ad-
<br /> -two by this section. ALL sums
<br /> ministration of taxes, including penalties, shall, so far as applicable apply to the tax impos
<br /> received by said commissioner from the tax imposed by this section as taxes, interest thereon, tees, penalties, forfeitures,
<br /> costs of suits or fines, less all amounts refunded thereon, together with any interest or costs 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 /> es
<br /> der this section shall be punished by a fine of not more than one thousand dollars or by imprisonment in the house of
<br /> IA 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 /> • j 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 /> �y s
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