Ill. Admin. Code tit. 86 § 435.170

Current through Register Vol. 48, No. 45, November 8, 2024

Section 435.170 - Restrictions and Limitations on the Conducting of Charitable Games

a)The entire net proceeds from charitable games must be exclusively devoted to the lawful purposes of the organization permitted to conduct that game (Section 8(1) of the Act).

b)No person except a bona fide member or employee of the sponsoring organization, or a volunteer recruited by the sponsoring organization, may participate in the management or operation of a charitable games event (Section 8(2) of the Act).

1) A house dealer must be provided for all card games played at an event. These dealers are considered to participate in the management and operation of the games, and must be a bona fide employee, member or volunteer recruited by the licensed organization.

2)No employee, owner or officer of a consultant service hired by a licensed organization to perform services at the event, including, but not limited to, security for persons or property at the event, or services before the event, including, but not limited to, training for volunteers or advertising, may participate in the management or operation of the games (Section 8(21) of the Act).

c)No person may receive any remuneration or compensation, either directly or indirectly, from any source for participating in the management or operation of a charitable games event (Section 8(3) of the Act). Whether a person has received compensation for participating in the management or operation of a charitable games event shall take into account all the facts and circumstances.

1) Employees of a sponsoring organization may participate in the management or operation of an event on a volunteer basis only. They may not be required to participate as a condition of employment, nor may they receive any compensation for such participation.

2) Food and drink having a retail value less than $10 that is provided to workers shall not be considered to be "remuneration or compensation".

d) No person may participate in the management or operation of a charitable games event and, at the same event, also place any wager, either personally or by proxy, on any charitable game conducted at the event.

e) All persons participating in the management or operation of a charitable games event shall wear name tags, plainly visible, on which are printed the first and last names of the wearer in letters at least one-half inch in height.

f) No person may participate in the management or operation of more than 12 charitable games events, either of the sponsoring organization or any other organization licensed to conduct charitable games, during a calendar year.

g) No person participating in the management or operation of a charitable games event may solicit or accept any tip, gratuity, gift or other consideration from any participant or from any licensed organization under the Act. The charitable games licensed organization shall post at least one sign prohibiting tipping in a conspicuous place on the premises where the charitable games event is being conducted.

h) Only the sponsoring organization of a charitable games event can make a determination that equipment is not working properly and that a game must consequently be shut down. If this determination has been made, the supplier's representative present at the event may contact the supplier to request removal and repair or replacement of the equipment.

i)No single bet at any game may exceed $20 (Section 8(4) of the Act). Accordingly, the amount wagered by any participant on the outcome of any roll of dice, selection of a set of numbers at random, or spin of a wheel shall not exceed $20 worth of chips. The amount wagered by any participant on any round of betting during a card game shall not exceed $20 worth of chips. In poker, a round of betting is deemed to occur whenever a deal of cards, or group of cards on which a wager will be made, has been distributed to participants (e.g., after the first two cards, one up and one hole card, have been distributed in 5-card stud poker). In blackjack, a player is authorized to wager $20 on each hand that has been "split." A blackjack player who has chosen to "double down" may wager an additional bet not to exceed $20. The licensed organization shall not extend credit to any participant in the charitable games event at any time for any reason.

j)No one other than the sponsoring organization of a charitable games event may have a proprietary interest in the game promoted (Section 8(11) of the Act). For example, a person who provides services to a licensed organization in connection with setting up a charitable games event may not receive as compensation for those services a percentage of the gross or net proceeds derived by the licensed organization.

k) Illegal Gambling and Raffles

1) Unlicensed raffles or other forms of gambling prohibited by law shall not be conducted on the premises where a charitable games event is being conducted. A raffle is "licensed" only when a document is issued to the sponsoring organization of the charitable games event by a city or county pursuant to an ordinance providing for the licensing of raffles.

2)No slot machines, including coin-in-the-slot-operated devices which allow a participant to play games of chance, shall be permitted to be used on the premises and during the time at which a charitable games event is being conducted. However, establishments that have video gaming terminals licensed under the Video Gaming Act [230 ILCS 40 ] may operate them along with charitable games under rules adopted by the Department (Section 8(16) of the Act).

l) Miscellaneous Provisions

1)No person under the age of 18 years may play or participate in the conducting of a charitable games event. Any person under the age of 18 may be within the area where charitable games are being played only when accompanied by his or her parent or guardian. (Section 8(10) of the Act) A licensed organization may, at its discretion, prohibit persons under the age of 18 from being within the area where charitable games are being played.

2)No licensee shall knowingly permit the entry into any part of the premises where a charitable games event is being conducted by any person who has been convicted of a violation of Article 28 (Gambling) of the Criminal Code of 1961 or the Criminal Code of 2012 (Section 10 of the Act).

3) No organization licensed to conduct charitable games shall purchase or lease any charitable games equipment other than from a person or organization licensed to supply charitable games equipment under the Act.

4) Any advertising by, or on behalf of, a sponsoring organization regarding the conducting of its charitable games events shall contain its name and charitable games license number.

5) Charitable games may be conducted only between the hours of noon and 2:00 a.m. of the following day. (Section 8(9) of the Act)

Ill. Admin. Code tit. 86, § 435.170

Amended at 21 Ill. Reg. 3978, effective March 14, 1997

Amended at 39 Ill. Reg. 4454, effective 3/10/2015