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Current through October 23, 2012
(a) No person, firm, partnership, association, organization, or corporation shall sponsor, conduct, or hold a bingo game, raffle, or Monte Carlo night party in the District of Columbia without a license issued by the Board.
(b) The Board may issue a license under this section to a person, firm, partnership, association, organization, or corporation engaged in or existing for charitable, benevolent, eleemosynary, humane, religious, philanthropic, recreational, social, educational, civic, fraternal, or other nonprofit purposes that conducts an activity to which contributions are deductible for federal or municipal income tax purposes if the applicant:
(1) Is incorporated in the District of Columbia as a not-for-profit corporation as defined by Chapter 4 of Title 29;
(2) Has at least 20 members in good standing, if an association or organization;
(3) Is authorized by its constitution, articles, charter, or bylaws to further a lawful purpose in the District of Columbia;
(4) Operates without profit to its partners or members;
(5) Permits no part of its net earnings to inure to the benefit of a private shareholder, partner, employee, or individual; and
(6) Has been in existence for not less than 1 year immediately preceding application for a license, during which time the applicant's membership actively engaged in furthering the lawful purpose authorized by its constitution, articles, charter, or bylaws.
(b-1)(1) The Board may issue a license to sell raffle tickets in the District of Columbia to any person, firm, partnership, association, organization, or corporation that is incorporated in Maryland or in Virginia as a not-for-profit corporation or is organized in Maryland or Virginia as a religious or not-for-profit organization if the applicant:
(A) Is engaged in or exists for charitable, benevolent, eleemosynary, humane, religious, philanthropic, recreational, social, educational, civic, fraternal, or other nonprofit purposes, for which contributions are deductible for federal, state, or municipal income tax purposes;
(B) Operates without profit to its members;
(C) Permits no part of any net earnings to inure to the benefit of any private shareholder, partner, employee, or individual;
(D) Is authorized by its constitution, articles of incorporation, charter, or bylaws to further a lawful purpose in its state of incorporation or organization that is also a lawful purpose in the District of Columbia;
(E) Has been in existence for not less than 1 year immediately preceding application for a license, during which 1-year period a bona fide membership actively engaged in furthering the lawful purpose authorized by its constitution, articles of incorporation, charter, or bylaws has existed;
(F) Has at least 20 members in good standing, all of whom are residents of the applicant's state of incorporation or organization or the District of Columbia;
(G) Holds the raffle draw in the applicant's state of incorporation or organization or in the District;
(H) Has obtained any license required outside the District of Columbia for the conduct of the raffle from the relevant licensing authority; and
(I) Guarantees that 30% or more of the net proceeds from the raffle shall be paid to persons, firms, partnerships, associations, organizations, or corporations that meet the licensing requirements of subsection (b) of this section or shall inure to the benefit of programs or activities of the applicant that are conducted in the District of Columbia.
(2) The Board shall, within 60 days of May 21, 1988, issue rules to implement the provisions of this subsection. The proposed rules shall be submitted to the Council for a 45-day period of review, excluding Saturdays, Sundays, legal holidays, and days of Council recess. If the Council does not approve or disapprove the proposed rules, in whole or in part, by resolution within this 45-day review period, the proposed rules shall be deemed approved. Nothing in this section shall affect any requirement imposed upon the Board by subchapter I of Chapter 5 of Title 2.
(3) To the extent that existing rules issued by the Board are not inconsistent with the provisions of this subsection, those rules shall continue to apply to the issuance of licenses under this section until the rules required by paragraph (2) of this subsection become effective.
(c) The Board may issue a license under this section to a senior citizen group in accordance with rules that may be adopted by the Board pursuant to this chapter.
(d) The Board may issue a license under this section, upon application, to a citizen-service program established pursuant to § 1-1163.38, in accordance with rules that may be adopted by the Board pursuant to this chapter.
(Mar. 10, 1981, D.C. Law 3-172, § 4, 27 DCR 4736; Apr. 11, 1987, D.C. Law 6-220, § 2(b)(4), 34 DCR 900; Mar. 9, 1988, D.C. Law 7-83, § 2, 34 DCR 8119; May 21, 1988, D.C. Law 7-119, § 2, 35 DCR 2690; July 2, 2011, D.C. Law 18-378, § 3(a), 58 DCR 1720; Apr. 27, 2012, D.C. Law 19-124, § 501(l), 59 DCR 1862.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 2-2523.
Effect of Amendments
D.C. Law 18-378, in subsec. (b)(1), substituted "Chapter 4 of Title 29" for "Chapter 3 of Title 29 or organized in the District of Columbia as a religious or not-for-profit organization".
D.C. Law 19-124, in subsec. (d), substituted "§ 1-1163.38" for "§ 1-1104.03".
Emergency Act Amendments
For temporary (90 day) amendment of section, see § 401(l) of Board of Ethics and Government Accountability Establishment and Comprehensive Ethics Reform Emergency Amendment Act of 2012 (D.C. Act 19-298, January 29, 2012, 59 DCR 683).
Legislative History of Laws
For legislative history of D.C. Law 3-172, see Historical and Statutory Notes following § 3-1301.
For legislative history of D.C. Law 6-220, see Historical and Statutory Notes following § 3-1305.
Law 7-83, the "Nonprofit Raffle Licensing Amendment Temporary Act of 1987," was introduced in Council and assigned Bill No. 7-356. The Bill was adopted on first and second readings on November 10, 1987 and November 24, 1987, respectively. Signed by the Mayor on December 10, 1987, it was assigned Act No. 7-118 and transmitted to both Houses of Congress for its review.
Law 7-119, the "Nonprofit Raffle Licensing Amendment Act of 1988," was introduced in Council and assigned Bill No. 7-359, which was referred to the Committee on Finance and Revenue. The Bill was adopted on first and second readings on March 1, 1988 and March 15, 1988, respectively. Signed by the Mayor on March 31, 1988, it was assigned Act No. 7-165 and transmitted to both Houses of Congress for its review.
Law 18-378, the "District of Columbia Official Code Title 29 (Business Organizations) Enactment Act of 2009", was introduced in Council and assigned Bill No. 18-500, which was referred to the Committee on Public Services and Consumer Affairs. The Bill was adopted on first and second readings on December 7, 2010, and December 21, 2010, respectively. Signed by the Mayor on February 27, 2011, it was assigned Act No. 18-724 and transmitted to both Houses of Congress for its review. D.C. Law 18-378 became effective on July 2, 2011.
Law 19-124, the "Board of Ethics and Government Accountability Establishment and Comprehensive Ethics Reform Amendment Act of 2011", was introduced in Council and assigned Bill No. 19-511, which was referred to the Committee on Government Operations. The Bill was adopted on first and second readings on December 6, 2011, and December 20, 2011, respectively. Signed by the Mayor on February 27, 2012, it was assigned Act No. 19-318 and transmitted to both Houses of Congress for its review. D.C. Law 19-124 became effective on April 27, 2012.
