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CHAPTER 810, ACTS OF 1965
<br />AN ACT AUTHORIZING CERTAIN ORGANIZATIONS TO CONDCCT 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 orgar,:zations may conduct raffles and bazaars and pro%ide a farther source of tax revenue m 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 b the Senate d House of Representatives in Gcrenit Cassembled, and by the authority of the
<br />same, as follows:
<br />Chapter 271 of the General Laws m amendedbyinserting after, section 7, the following section: -
<br />Section 7A. In this section the following words shall have the following meanings:
<br />"Raffle", an arrangement in. 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 dnposa: 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 />mits used 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 shalt
<br />be deemed to have sea up and promoted a livery and nothing in this chapter sibs:: authorize the prosecution, arrest or con-
<br />viction of any person connected vith the operation of any such raffle or tazaar; provided, however, that noting contained in
<br />this section shall be construed as permitting the game commonly known as • bea-o" or any similar game regardless of name.
<br />No raffle or bazaar shall be promoted, operated or conducted by ary persor. or organization, unless the same is
<br />sponsored and conducted exclusively by Lal a veterans' organization char a etl t. the Congress of the Untied S..tea or in-
<br />cluded in clause ()2) of section five of chapter forty of the General Laws, lbl a church or religious organization; (c) a fra-
<br />ternal or fraternal benefit society; (d) an educational or cl•ariable orga-za-foc; (e) a avis or service club or organizallm;
<br />.rid (fl elrbs or orElinll.atiOnS organized and operated exclusively for pleas:rt, rccra.nm and other amp. .11 purposes,
<br />ad pan of the net earnings V which inures to the benefit of any member o: shE tit -older, Such organization grail hove been
<br />organized o the qualified
<br />and actively functioning as a nonprofit organization in the com.mo-wen:ti. for a period of not less than two year. be-
<br />fore it may apply' for a permit. The promotion and operation of the r file or bazaar shall be confined solely t
<br />members o'the sponsoring organization and no such member shall recetre rem.-cera:;on in any form for 1:me or effort de-
<br />voted to the promailon, or operation of such raffle or bazaar. All funds cer:v' fro= any raffle or bazaar -tall be used
<br />exclusively for the purposes staled in the applical:on of the sponsoring crga-.:cs:or. vr.:ch purposes .hall be limited to
<br />educational, charitable, religious, fraternal or civic purposes or for veterans' oeref::a. An organization winch meets the
<br />qualiflaatims regeired by this .e<lim and whist desires to conduct or operate a raf'ie or bazaar within the commonwealth
<br />shall apply for a permit to conduct raffles and bazaars from the clerk of the c:c or roar. in which the raffle will. be drawn or the
<br />bazaar held. The apphcatioa form shall be approved by the commiSSIOner of p_c::c safety and shall incluse the name and
<br />address of the applicant, thcur.e evidence cwhich the applicant relies in Order tc Baa;.''i under this section, the names of three
<br />officers or members of the o.-gzrizatfon who shall be respcosible for the opera::on, of the raffle or bazaar, and the uses to
<br />which the net proceeds will he applied. A fee of ten.dollars shall accompany east. math application and s.'.a:l be retained by
<br />the city or town. Upon receipt of such application, the clerk shall determine whether it ts in conformity with this section. If
<br />tl:e clerk ao determines, he shalt forward the application to the chief of police o' the city Or town, whoa.hall determine
<br />whether the applicant 18 qu2111tee to operate raffles and bazaars under the san:on. If the chief of police as determine., he
<br />.hall endorse the application. and return it to the clerk, who shall forihwi O. iss-e a permit, which shall be valid for one year
<br />from the date of is issuance. The clerk shall retain a copy of the application and shall send a copy to the commissioner of
<br />pebifc safety-. Lc inere is any change in the facts set forth in the application is. a permit subsequent to the making of such
<br />applieaton, the applicant stall forthwith notify the authority granting ssh Pa..—.;! of sych change, and acct. authority shall
<br />iss_e such permit if the applicant is qualified, or, if a permit has already bet:, :ss_ed apd the change in int :acts .el forth
<br />in the application d:sgaa Ilfy tie applicant revoke such permit
<br />If tar, application is not acted upon within thirty days after it is submice d, or a' the organization is refused a permit,
<br />or if a permit is revoked, any person named on the application may obtain jcd:cna! review of such refusal or revocation by
<br />filing within ten days of sac:it. ret_nr,
<br />sal or revocaoor within ter, days of the exp.raor, oof such tbiny da+period a petition
<br />for review in the d:strict sour: haying jurisdiction in the sir: or tows it. v -c aJch application was filed. A justice of said
<br />court, after a hearing, may direct that such permit be issued, if he is satilf:e= the: there was no reasonable ground for re-
<br />fusing such permit, and that the applicant was not prohibited by law from hoi'_::g raffles or bazaars.
<br />An organization issues a permit under this section shall within thirty days of fiie expiration of its permit submit a
<br />report or. a farm to be approved by the commissioner of public safety. Sunt form ah.11 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 tuenty-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 />-z rsez^' a etlbs+?,•:ate the naviculars of such report, which books and records shall be preserved far al least one year
<br />from the date of sect report and shall be available for inspection.. Such report shall be certified to by the three per.ors
<br />designated in the permit application as being responsible for such raffle o: bazaar and by an accountant. Two copies of said
<br />report shall be filed with city or town clerk. The clerk shall send ore copy to the commissioner of public safety. Failure to
<br />file said report shall constitute sufficient grounds for refusal to renew a perm.,:: to conduct raffle. 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 :evoke the same for a vic:alim of any pro-
<br />vision Of m
<br />this section and shall not issue any permit to such permittee with:.. three years from the date of s:ch violation. Any
<br />person aggrieved by the action of such authority revoking such permit may apyal to the district coon having jurisdiction In
<br />the city or town where the permit was issued; provided that such appeal shill.: be filed in such court with:n twenty days
<br />following receipt of nolif icat!oh by said authority. The court shall hear al: pee:nen: evidence and determine the facts and
<br />upon the facts so determined annul such action or make such decision as eq_ v 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 aitb the commission-
<br />er of corporations and taxation, on a form prepared by him, and approved by me sate tax commission w;t*.in ten day. after
<br />the raffle or bazaar is held and shall pay therewith a ax of five per can: of the gross proceeds der ived fror. such raffle or
<br />bazaar.
<br />The provisions of chapter sixty-two relative to the assessment, co',ien;or., payment, abatement, verification and ad-
<br />ministration of taxes, including penalties, shall, so far as applicable apply it 2e tax imposed by this section. All Mums
<br />received by said commissloser from the tax imposed by this section as taxes, toteres: thereon„ fees, penalties, forfeitures,
<br />cess of .c:a or firte, less tai`, amounts refunded thereon, together mill. ars, :nares: Or costs paid op acus -rt of each nfm6e,
<br />shall be paid into the ire:e.:ry of the commonwealth -
<br />,A, h ... er
<br />ommonwealth.A,h...er violates any provision of this section or submits false leftrma:ion on an application or report required un-
<br />der this sectioc stall be punished by a fine of not more than. one thousand dc:.ars or by imprisonment it. the house of
<br />correction for no! more than one year, a both.
<br />No perstn mhc. pr ins or produces tickets, cards or any similar artc:t used in the conduct of a tazaar or raffle
<br />p_rs nail to a perm;: lair+_ u. -.v the p:oytatmE of this Beaton ata!! be s •ec: to any penalty 4rtreto,. ;r":-* Id that a
<br />..! -d ca;:. if a. r4. parr,.:: war preavv:ed is ,.,m prior to his urctraa..-.: 17 print or profuse z.tn. t:''.f O cardf.
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