[Namron] Fw: Raffles

Northern Regional Seneschal northern_seneschal at ansteorra.org
Thu Feb 10 22:51:07 PST 2005


Here is what the law said:

§21 1051v2.  Lottery defined   Consideration   Issuance of tickets by
merchants and military posts.

A.  A lottery is any scheme for the disposal or distribution of property by
chance among persons who have paid, or promised, or agreed to pay any
valuable consideration for the chance of obtaining such property, or a
portion of it, or for any share of or interest in such property, upon any
agreement, understanding or expectation that it is to be distributed or
disposed of by a lot or chance, whether called a lottery, a raffle, or a
gift enterprise, or by whatever name the same may be known.  "Valuable
consideration" shall be construed to mean money or goods of actual pecuniary
value. Provided, it shall not be a violation of the lottery or gambling laws
of this state for:
1.  A bona fide resident merchant or merchants of a city or town, acting in
conjunction with the Chamber of Commerce or Commercial Club of this state
thereof, to issue free of charge numbered tickets on sales of merchandise,
the corresponding stub of one or more of which tickets to be drawn or chosen
by lot by a representative or representatives of said Chamber of Commerce or
of said Commercial Club in the manner set forth on said tickets, the
numbered stub or stubs so drawn to entitle the holder of the corresponding
numbered issued ticket to a valuable prize donated by said merchant;
2.  A bona fide community chest welfare fund on a military post or
reservation to issue numbered tickets in conjunction with voluntary
contributions to said fund, the corresponding stub or stubs of one or more
of said tickets to be drawn by lot under the supervision of a military
commander, the stub or stubs so drawn entitling the ticket holder to a prize
of some value.  Provided however, that no person shall sell tickets or
receive contributions to said fund off the military reservation; or
3.   a. A qualified organization to raise funds by issuing numbered tickets
in conjunction with voluntary contributions to the qualified organization,
the corresponding stub or stubs of one or more of the tickets to be drawn by
lot under the supervision of an official of the qualified organization, the
stub or stubs so drawn entitling the ticket holder to a prize. As used in
this paragraph, "qualified organization" means:
(1) a church,
(2) a public or private school accredited by the State Department of
Education or registered by the State Board of Education for purposes of
participating in federal programs,
(3) a student group or organization affiliated with a public or private
school qualified pursuant to division (2) of this subparagraph,
(4) a parent-teacher association or organization affiliated with a public or
private school qualified pursuant to division (2) of this subparagraph,
(5) fire departments, police departments, livestock organizations and
wildlife organizations, or
(6) an "organization" as such term is defined in paragraph 20 of Section 402
of Title 3A of the Oklahoma Statutes.
b. Any raffle conducted by a qualified organization shall be conducted by
members of the qualified organization without compensation to any member.
The organization shall not hire or contract with any person or business
association, corporation, partnership, limited partnership or limited
liability company to conduct a raffle, to sell raffle tickets or to solicit
contributions in connection with a raffle on behalf of the organization.
B.  If the Oklahoma Education Lottery Act ceases to have the force and
effect of law pursuant to Section 36 of the Oklahoma Education Lottery Act,
the provisions of paragraph 3 of subsection A of this section shall cease to
have the force and effect of law.

R.L.1910, § 2470.  Amended by Laws 1929, c. 19, p. 16, § 1; Laws 1957, p.
163, § 1; Laws 2003, c. 202, § 1.

NOTE:  Laws 2003, c. 202, § 1 became effective upon approval by the people
of Oklahoma of State Question No. 705, House Bill Number 1278 of the 1st
Regular Session of the 49th Oklahoma Legislature (Laws 2003, c. 58, § 37),
at election held on Nov. 2, 2004.

Title 3A section 402 paragraph 20

20.  "Organization" means a religious, charitable, labor, fraternal,
educational, or other type of association or any branch, lodge, chapter, or
auxiliary of such association which:
a. operates without profit to its members,
b. has been in existence and been operating as a nonprofit organization for
not less than two (2) years prior to applying for an organization license,
c. is exempt from taxation pursuant to the provisions of paragraphs (3),
(4), (5), (6), (7), (8), (9), (10), or (19) of subsection (c) of Section 501
or paragraph (1) of subsection (a) of Section 509 of the United States
Internal Revenue Code of 1986, as amended, 26 U.S.C., Section 501(c) et seq.
or Section 509(a)(1), and
d. formulates bylaws which clearly identify and establish:
(1) method of electing officers and their duties,
(2) method by which members are elected, initiated or admitted,
(3) the rights and privileges of each member,
(4) that each member has one vote, and
(5) that membership rights are personal to the member and not assignable;

What we got out of this was that raffles are legal for 501c3, which the SCA
is.  In section A above it says: Provided, it shall not be a violation of
the lottery or gambling laws of this state for: Then you go to paragraph
3(6).  The SCA meets the definition of organization per the term. The
sections appropriate to the law and the definitions from the Oklahoma
Statues which applied to this issue were pasted above, but you are welcome
to look up the data your self in the Oklhoma state laws.






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