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Can Auxiliaries (or Aerie) raffle off booze in New York?
In general and for many different reasons, NO.
Answer Provided by Robert Yager 06.20.2010
Many do and I don't know of ANYONE that has EVER had a problem with these
type raffles.
Here's some of the raffle laws and rules:
§ 190-a. Raffles; license not required. 1. Notwithstanding the licensing
requirements set forth in this article and their filing requirements set
forth in subdivision four of section one hundred ninety of this article, an
authorized organization may conduct a raffle without complying with such
licensing requirements or such filing requirements, provided, that such
organization shall derive net proceeds from raffles in an amount less than
five thousand dollars during the conduct of one raffle and shall derive net
proceeds from raffles in an amount less than twenty thousand dollars during
one calendar year.
2. (a) For the purposes of this section, "authorized organization" shall
mean and include any bona fide religious or charitable organization or bona
fide educational, fraternal or service organization or bona fide
organization of veterans or volunteer firefighter, which by its charter,
certificate of incorporation, constitution, or act of the legislature, shall
have among its dominant purposes one or more of the lawful purposes as
defined in this article, provided that each shall operate without profit to
its members, and provided that each such organization has engaged in serving
one or more of the lawful purposes as defined in this article for a period
of three years immediately prior to being granted the filing requirement
exemption contained in subdivision one of this section.
(b) No organization shall be deemed an authorized organization which is
formed primarily for the purpose of conducting games of chance and which
does not devote at least seventy-five percent of its activities to other
than conducting games of chance. No political party shall be deemed an
authorized organization.
3. No person under the age of eighteen shall be permitted to play, operate
or assist in any raffle conducted pursuant to this section.
4. No raffle shall be conducted pursuant to this section except within a
municipality in which the authorized organization is domiciled that has
passed a local law, ordinance or resolution in accordance with sections one
hundred eighty-seven and one hundred eighty-eight of this article approving
the conduct of games of chance, and in municipalities which have passed a
local law, ordinance or resolution in accordance with sections one hundred
eighty-seven and one hundred eighty-eight of this article approving the
conduct of games of chance that are located within the county or contiguous
to the county in which the organization is domiciled.
§ 5620.22 Raffles.
(a) Equipment. The equipment used in the conduct of raffles and the method
of play shall ensure that each and every ticket to participate shall have an
equal opportunity to be drawn as a winner.
(1) Raffle tickets, with the exception of the two-part "admission-style"
tickets utilized in the game commonly known as a "50/50 raffle" shall
reflect the following:
(i) name and identification number of the authorized organization;
(ii) the location(s), date(s) and time(s) of the drawing(s);
(iii) the consecutively printed serial number of the ticket;
(iv) the price of the ticket;
(v) a list of the prizes offered;
(vi) the statement: "Ticket holders need not be present to win"; and
(vii) each ticket stub or receipt shall reflect the name, address and
telephone number of the ticket purchaser, and the consecutively printed
serial number of the ticket.
(2) Each part of a two part "admission-style" ticket used in the game
commonly known as a "50/50 raffle" shall bear an identical, consecutively
printed serial number, to be used in verifying the winning ticket.
(b) The play.
(1) No single prize shall exceed the sum of $50,000 except that an
organization may award a single prize of $100,000 if it lists in the
appropriate schedule (schedule 5) of the application for games of chance
license (form GC-2) the amount of this increased prize.
(2) The aggregate fair market value of all prizes to be offered or awarded
by a licensee in raffles in any one calendar year (license period) shall not
exceed $100,000.
(3) The method of drawing and determining the winning ticket(s) shall be
clearly announced and described prior to drawing a ticket.
(4) Each drawing shall be conducted openly and in plain view of the ticket
purchasers present.
(5) Raffle tickets may be sold, and raffle drawings may be conducted, during
a licensed organization's games of chance license period, during a licensed
organization's bingo occasions, and during the games of chance license
periods and licensed bingo occasions conducted by an organization that is an
affiliate of, or is auxiliary to, the organization licensed to conduct
raffles, when permitted by the licensed auxiliary or affiliate.
(6) Raffle tickets may also be sold to the public outside the premises of an
authorized organization or an authorized games of chance lessor or in
municipalities, which have passed a local law, ordinance or resolution in
accordance with sections 187 and 188 of the General Municipal Law that are
located in the county in which the municipality issuing the license is
located, and in the counties which are contiguous to the county in which the
municipality issuing the raffle license is located, provided the licensee
has received written approval, on a form prescribed by the bard, from each
municipality to sell raffle tickets therein and provided that no sale of
raffle tickets shall be made more than 180 days prior to the date scheduled
for the final drawing of the winning raffle ticket(s).
(7) No ticket shall be sold in conjunction with any raffle, including
raffles in which winning tickets are scheduled to be drawn on multiple
dates, more than 180 days prior to the date scheduled for the drawing of the
last ticket in that raffle.
(8) All raffle tickets, with the exception of the two-part "admission-style"
tickets used in the game commonly known as a "50/50 raffle," shall be sold
at a uniform price per ticket, unless the discount offered is based on the
selling price per book of tickets and the price per single ticket and the
discounted price per book of tickets are printed on each ticket.
(9) The value of merchandise to be awarded as a raffle prize shall be the
fair market value of the merchandise at the time of submission of an
application or verified statement for a raffle license.
(10) Purchasers of raffle tickets need not be present at the raffle drawing
to win.
(11) Alcoholic beverages may be sold an consumed in locations where raffle
tickets are sold and raffle drawings are conducted.
(12) Alcoholic beverages shall not be awarded as a raffle prize.
(13) No commission, salary, compensation, reward or recompense shall be paid
or given to any person for the sale or assisting with the sale of raffle
tickets.
(14) Raffle tickets shall be sold by a member of an authorized organization
licensed to conduct raffles and may also be sold by any person with a blood
relationship or affinity with a member of an authorized organization
licensed to conduct a raffle.