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            Wed, 14 Feb 2001 17:05:39 -0600
Message-ID: <002a01c096db$00e84480$c1e81a41 at mmcable.com>
From: "Jennene Stanley" <mooharpist at mmcable.com>
To: <northern at ansteorra.org>
References: <200102142129.PAA03106 at blackstar.ansteorra.org>
<20010214164243.A1646 at stardock.pug.net>
Subject: Re: NR - Drawing vs. Raffle
Date: Wed, 14 Feb 2001 17:08:11 -0600
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Greetings,

I've been know as a troublemaker for years. <grin)

Despite having taken the LSAT after I completed my BA, I am not a lawyer. I
do not presume to state "facts"   for which  I have neither the education.
real life experience or qualifications . I do know how to look up stautes
(a
legacy from the pre-law classes I took at KU)

This is going to get lengthy as I am including all the stautes that I found
concerning "raffles"as written. I do not wish to exclude anything so that
it
can not be taken out of context.


I will contine to search the database to see if I can find what *is* legal.



************ Legal stuff ***************


Oklahoma Staute

§21-1051.

   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
   his 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.

§21-1053.

   Any person who contrives, prepares, sets up, proposes or draws any
   lottery shall be guilty of a felony punishable by a fine equal to
   double the amount of the whole sum or value for which such lottery was
   made, and if such amount cannot be ascertained, then, by imprisonment
   in the State Penitentiary not exceeding two (2) years or by
   imprisonment in a county jail not exceeding one (1) year, or by a fine
   of Two Thousand Five Hundred Dollars ($2,500.00), or by both such fine
   and imprisonment.

§21-1054.

   Every person who sells, gives or in any manner whatever furnishes or
   transfers to or for any other person, any ticket, chance, share or
   interest, or any paper, certificate or instrument, purporting or
   represented or understood to be or represent any ticket, chance, share
   or interest in or depending upon the event of any lottery, is guilty
   of a misdemeanor.

§21-1056.

   Every person who, by writing or printing, by circulars or letters, or
   in any other way advertises or publishes any account of any lottery
   stating when or where the same is to be or has been drawn, or what are
   the prizes or any of them therein, or the price of a ticket or of any
   share or interest or where it may be obtained, or in any way aiding or
   assisting the same, or adapted to induce persons to adventure therein,
   is guilty of a misdemeanor.

§21-1057.

   Every person who offers for sale, distribution or disposition in any
   way, any real or personal property, or things in action, or any
   interest therein, to be determined by lot or chance, that shall be
   dependent upon the drawing of any lottery within or out of this state,
   and every person who sells, furnishes or procures, or causes to be
   sold, furnished or procured in any manner whatsoever, any chance or
   share, or any interest whatsoever in any property offered for sale,
   distribution or disposition in violation of this section, or any
   ticket or other evidence of any chance, share, or interest in such
   property, is guilty of a misdemeanor.

§21-1058.

   Every person who opens, sets up or keeps, by himself, or by any other
   person or persons, any office or other place for registering the
   numbers of any ticket in any lottery or for making, receiving or
   registering any bets or wagers upon the drawing, determination or
   result of any lottery, is punishable by imprisonment in a county jail
   not exceeding one (1) year, or by a fine not exceeding One Thousand
   Dollars ($1,000.00).

§21-1059.

   Every person who, by writing or printing by circulars or letters, or
   in any other way, advertises or publishes any account of the opening,
   setting up or keeping of any office or other place for either of the
   purposes prohibited by the last section, is guilty of a misdemeanor.

§21-106.

   Where the term "person" is used in this chapter to designate the party
   whose property may be the subject of any offense, it includes this
   state, any other state, government or country which may lawfully own
   any property within this state, and all public and private
   corporations or joint associations, as well as individuals.

§21-1060.

   Every person who insures or receives any consideration for insuring
   for or against the drawing of any ticket, share, or interest in any
   lottery, or for or against the drawing of any number, or ticket, or
   number of any ticket in any lottery; and every person who receives any
   valuable consideration upon any agreement to pay any sum, or to
   deliver any property or thing in action in the event that any ticket,
   share, or interest in any lottery, or any number, or ticket, or number
   of any ticket in any lottery shall prove fortunate or unfortunate, or
   shall be drawn or not drawn on any particular day or in any particular
   order; and every person who promises, agrees, or offers to pay any sum
   of money or to deliver any property or thing in action, or to do, or
   forbear to do anything for the benefit of any other person, with or
   without consideration, upon any event whatever connected with any
   lottery, is guilty of a misdemeanor.


§21-1061.

   Every person who, by writing or printing, by circulars or letters, or
   in any other way, advertises or publishes any offer, notice or
   proposal for any violation of the last section, is guilty of a
   misdemeanor.


§21-1062.

   All property offered for sale, distribution, or disposition, in
   violation of the provisions of this article, is forfeited to the
   people of this state, as well before as after the determination of the
   chance on which the same was dependent. And it is the duty of the
   respective district attorneys, to demand, sue for, and recover, in
   behalf of this state, all property so forfeited, and to cause the same
   to be sold when recovered, and to pay the proceeds of the sale of such
   property, and any monies that may be collected in any such suit, into
   the county treasury for the benefit of common schools.

§21-1063.

   Every person who lets or permits to be used any building or portion of
   any building, knowing that it is intended to be used for any of the
   purposes declared punishable by this article, is guilty of a
   misdemeanor.

§21-1064.

   The provisions of this article apply in respect to lotteries drawn or
   to be drawn out of this state, whether authorized or not by the laws
   of the state where they are drawn or to be drawn, in same manner as to
   lotteries drawn or to be drawn within this state.


§21-1065.

   The provisions of Sections 2475 and 2478 are applicable wherever the
   advertisement was published, or the letter or circular sent or
   delivered through or in this state, notwithstanding the person causing
   or procuring the same to be published, sent or delivered, was out of
   this state at the time of so doing.

§21-1066.

   Every person who sets up, promotes or engages in any plan by which
   goods or anything of value is sold to a person, firm or corporation
   for a consideration and upon the further consideration that the
   purchaser agrees to secure one or more persons to participate in the
   plan by respectively making a similar purchase or purchases and in
   turn agreeing to secure one or more persons likewise to join in said
   plan, each purchaser being given the right to secure money, credits,
   goods or something of value, depending upon the number of persons
   joining in the plan, shall be held to have set up and promoted a
   lottery and shall be punished as provided in Section 1068 of this
   title.

§21-1067.

   The district court of the judicial district in which any such plan is
   proposed, operated or promoted may issue an injunction without bond,
   upon petition filed by the Attorney General, the district attorney of
   the county in which such plan is proposed, operated or promoted, or
   other interested individual, to enjoin the further operation of any
   such plan.

§21-1068.

   Any person violating the provisions of Section 1066 or 1067 of this
   title shall, upon conviction thereof, be guilty of a felony and be
   punished by a fine of not less than One Thousand Dollars ($1,000.00)
   nor more than Five Thousand Dollars ($5,000.00), or by imprisonment
   for a term not exceeding two (2) years in the State Penitentiary, or
   by both such fine and imprisonment.


 *** end legal stuff ****

Anya
Jennene Stanley
***********************************************************************
"Chase the light I see ahead. Luminate the path I tread.
 I live to be the best I can"                       - Queensrÿche
***********************************************************************
"Mooharpist"    send e-mail to : Mooharpist at mmcable.com
 Elizabethan (& Regency)  Website http://phelan.ou.edu/anya









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