Rule 23.16.2602 - RAFFLE GENERAL REQUIREMENTS, AUTHORIZED RANDOM SELECTION PROCESSES, AND RECORD KEEPING REQUIREMENTS(1) A raffle sponsor must make all raffle terms available to the public prior to the sale of any raffle tickets. In all cases a raffle sponsor must establish and make available the date of the raffle drawing. Other raffle terms may include: (a) the name and contact information of the raffle sponsor; (b) persons eligible or ineligible to purchase tickets; (c) locations where sales are known to be prohibited; (d) cost of raffle tickets;(e) a complete description of the prize(s) and its value;(f) an estimated number of tickets to be sold which may be unlimited; (g) the date ticket sales close; and (h) the method of drawing winning ticket(s).(2) The following random selection processes are authorized for use in determining a winner of a raffle as defined in 23-5-112, MCA: (a) a drawing from a drum or other receptacle containing raffle ticket stubs or other suitable indicators of the ticket purchaser's identity that have been thoroughly mixed before the drawing; (b) an approved 50/50 raffle electronic processing system containing a random number generator; and(c) selection by any other process if: (i) the process is reasonably assured of being random and is not connected to an event that has its own intrinsic significance (e.g., a sports event, game of chance, contest); and (ii) the indicator of the raffle ticket purchaser's identity reasonably assures the random selection of a winner. (3) Any raffle conducted by a nonprofit organization, college, university, public school district as provided in 20-6-101 and 20-6-701, MCA, or nonpublic school as described in 20-5-102(2)(e), MCA, must be publicly identified as a charitable raffle.(4) Prior to conducting a raffle on the internet, a nonprofit organization must first complete a one-time registration form (Form 46) supplied by the department. (5) A raffle sponsor's challenge to the department's intended action to refuse registration as a nonprofit must proceed under ARM 23.16.203. (6) For each raffle conducted, the entity conducting the raffle shall maintain for a period of 12 months from the date of the raffle drawing, and provide to the department upon request: (a) a record of the total proceeds collected; (b) a detailed description of the prize(s) awarded; (c) a description of the selection process used to determine the winner(s); (d) a record reflecting the source of the prize(s), including any money paid to purchase prizes; (e) a record of any administrative costs paid with raffle proceeds; (f) a description of how the raffle was publically identified as a charitable raffle, where applicable; (g) the name and address of the person(s) awarded raffle prize(s); and(h) a detailed record of the distribution of the charitable raffle proceeds, where applicable.(7) For any violation of this rule, the department may pursue remedies available under 23-5-136, MCA.Mont. Admin. r. 23.16.2602
NEW, 1991 MAR p. 1942, Eff. 10/18/91; AMD, 2009 MAR p. 1260, Eff. 7/31/09; AMD, 2017 MAR p. 1893, Eff. 10/14/2017; AMD, 2019 MAR p. 302, Eff. 3/16/2019AUTH: 23-5-115, 23-5-413, MCA; IMP: 23-5-112, 23-5-413, MCA