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<br /> 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 its4purpose, which is, in part, to authorize forth-
<br /> with that certain. orgar.tzat:xs m and ct ffd� and bazaars and p pvide'� f,y tthe so t;cAbf tax revenue to the common-
<br /> wealth, therefore it is hereby declr3 the gn rgency [ sY�the irr�rediat ' <eservation of the public
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<br /> convenience.
<br /> Be it enacted by the Senate and House of Representatives in Genera3 Court assembled and by the authority of the
<br /> same, as 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 organ14%4ion for disposal of merchandise awards by means of chance..
<br /> Notwithstandin 0th':'arovisio 011`1 , r e d bazaars may b(Womoted, op_Wtgd a�rtd�nS�ct� der per-
<br /> �lt' 5kec�ion Y tt r,r �" }
<br /> tea ed in acc ane i provi#ions f i it
<br /> o or�azo soci� churciuESivt� ,couctsr�atfle of 6aat�y,uypder ritero�k}aof tilt$ $ect�on shalt
<br /> 4� ,"jeem!ed to have setgup ajti8�pA)mct�d a Lotter +aYfd n`othiit9 i�tt tht chapter srhaLl authorize the prosecution, arrest or con-
<br /> viction of any person connected with the operatiop of any such raffle or bazaar; provided, however, that nothing contained in I
<br /> commonly known as "beano" or any similar game regardless of name,
<br /> this section shall be construed as permitting the game t
<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 /> chided 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 /> f membere�of the sponsoring organization and no such member shall receive remuneration in any form for time or effort de-
<br /> , .+ • `p;,voted to thie promotio• operation ofIr
<br /> ch raffle or bazaar. All funds derived from any raffle or bazaar shall be used
<br /> e d ive y sea to toa licatio f e pporisoring organization which purposes shall be limited to
<br /> �• ?"� a i�c^at�ion2li i to ta� re 1, tit n�s � �nfor veterans' benefits. An organization whish meets the
<br /> qualifications required by this section and which desires to conduct or operate a raffle or bad
<br /> e 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 reliess in order to qualify under this sectiorL the names of three
<br /> t ? eible IOt th' d{Ldfi"6fisflitT raffle or bazaar, an`dtthe uses to
<br /> offibtc+tnembeise.of.the=organaza•tieat Wtt3shti � li
<br /> which the net proceeds will be applied. A lee of ten dollars shall accompany each such application antoshabl bg„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 /> 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 shall retain a copy of the application and shalt send a copy to the commissioner of
<br /> public safety. If there is any cange in the facts set forth in the application for a permit subsequent to the making of such
<br /> application, tk� plicant shall orthwith notify :he a horit�igranting such permit of'siu change, nd suck a it ellall
<br /> igeue�tf h&r�4i f the a ca is lifi ��if,,?,pe1 t has already been issu a t€+change np+tdilsfa t 1s$� d;t
<br /> n e apv.
<br /> plication isquaf}fyTth appl�ic revoke such p rmit, �4
<br /> If an apk�.' zAisyn ,b�t,d ip�n w*iipt=tttyrt� 1;4er it is submitte''''-%i'�fhrlorx�atTiz ion is•r,�IF4* ape 11,
<br /> or if a e t iS re ke , ar.}(�e.r on named on tho,-Appli ai on may obtain judic`i;al reviewxo%such al or revd�ati
<br /> n duce re$u � 1csRa�t�tro-$wiinfeen days of the sit ttiorlZA�su�c ttity da pee ti
<br /> v for review in the district•co t}fav n u�i�$dicti ' tie cit wn in which lcb ap I aQAQn t p��rfiled, lyts�ticg�oj d
<br /> court, after a hearingtila`ytbir ct til such'permlpbe tsau `,ii he is satisfieA'flTatlere Was hO geasot bye'gr uu�i�6k ik're=
<br /> fusing such pe h a at't�he$ plica t�vas�i9t pr. i1�gt2U�b, l frTotfi holc} ig••r ff or t �5 -q �� C4
<br /> An or iza iod issuel-,a Mrni6 nde# is se on sgi IVL w in thirty days oft expiratiorY o s p mit ybmit a A
<br /> report on a fostp o a arpprpyg the�3aommif i e�yof ptf�l'e`as et Such f rr� h$� seg6ar fir orr Cationic c r agrthe V
<br /> nuyab flee and ba`��at He' gp�amoutrt OISeyllrek� ed, the xpense b ecfed itb�ie tfle or b#za� `�ttle'• ,
<br /> namesi of the winners of prizes-excee*ng twenty-five dollars-in,value, the A proceeds of the raffles and bazaars, and the
<br /> uses to the*iet e sere applied. Tile,drganVatiY��1 h tl mamti i and keep such books and records as may be
<br /> 1 necessary a is ulaFo�h7reporj��tio7l'I11orand retoijis shall be preserved for at least one year
<br /> from the da f s c report and sAlalke av i able Tor inspection. Such report shall be certified to by the three persons
<br /> j designated in the permit application as being responsibleJor such raFfie 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.
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<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 /> f 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 tiled in such court within twenty days
<br /> following receipt of notification oy 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 /> i the raffle or bazaar is held and shall pay therewith a tax of five per cent of the gross proceeds derived from such raffle or
<br /> q, bazaar,
<br /> aThe provisions of chapter sixty-two relative to the assessment, collection, payment, abatement, verification and ad-
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<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 /> 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 /> der this section shall be punished by a fine of not more than one thousand dollars or by imprisonment in the house of
<br /> t
<br /> correction for not more than one year, or both.
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<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)
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