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Thank you for your interest in obtaining information about licensing of non profit/tax-exempt charitable organizations to conduct fund raising lotteries in Georgia. Please read (below) the abstract of the raffle law, formally known as House Bill 456, as ratified by the Georgia Legislature, and signed into law on April 9, 1995, Contact the DeKalb County Sheriff’s Office of Professional Standards (OPS) Monday - Friday between 8:30 a.m. and 5:00 p.m. at (404) 298-8125 or fax (404) 298-8460 if you have questions. Terms: A raffle is defined as any scheme or procedure whereby one or more prizes are distributed by chance among persons who have paid or promised consideration for a chance to win such prize. Such term shall include door prizes, which are awarded to persons attending meetings or activities provided that the cost of admission to such meetings or activities does not exceed the usual cost of similar activities where such prizes are not awarded. A nonprofit/tax-exempt charitable organization is defined as churches, schools, civic organizations or related support groups qualified under the 501(c) section of the Internal Revenue Code, as amended, or bona fide nonprofit organizations approved by the Sheriff. A lottery is defined as any scheme or procedure whereby one or more prizes are distributed by chance among persons who have paid or promised consideration for a chance to win such prize, whether such scheme or procedure is called a pool, lottery, raffle, gift, gift enterprise, sale, policy game, or by some other name. A lottery shall also include the organization of chain letter or pyramid clubs as provided in Code Section 16-12-38. A lottery shall not mean: · Promotional giveaway or contest which conforms to the qualifications of a lawful promotion specified in paragraph (16) of subsection (b) of Code Section 10-1-393 · Scheme whereby a business gives away prizes to persons selected by lot if such prizes are made on the following conditions: Such prizes are conducted as advertising and promotional undertakings in good faith solely for the purpose of advertising the goods, wares, and merchandise of such business; and No person to be eligible to receive such prize shall be required to: Pay any tangible consideration to the operator of such business in he form of money or other property or thing of value; Purchase any goods, wares, merchandise, or anything of value from such business; or Be present or be asked to participate in a seminar, sales presentation, or any other presentation, by whatever name denominated, in order to win such prizes. It is the intention of the General Assembly that only nonprofit, tax-exempt churches, schools, civic organizations, or related support groups; nonprofit organizations qualified under 501(c) of the Internal Revenue Code, as amended, or bona fide nonprofit organizations approved by the sheriff, which are properly licensed pursuant to this Code section shall be allowed to operate raffles. Any other law to the contrary notwithstanding, no nonprofit, tax-exempt organization shall be permitted to operate a raffle until the sheriff issues a license to the organization authorizing it to do so. The license described in this subsection is in addition to and not in lieu of any other licenses which may be required by this state or any political subdivision thereof, and no raffle shall be operated until such time as all requisite licenses have been obtained. In the event a nonprofit, tax-exempt organization desires to conduct a raffle in more than one county, such organization shall not be required to obtain a license under this code section in each county in which such raffle is to be conducted and shall only be required to obtain such license from the sheriff of the county in which the state headquarters of such organization are located.
Raffle Licensing Information
These requirements must be met to obtain a license to conduct raffles
1) Name and home address of applicant or if applicant is a corporation, association, or other similar legal entity;
The names and home addresses of each of the officers of the organization
The names and addresses of the directors, or other persons similarly situated, of the organization.
2) The names and home addresses of each of the persons who will be operating, advertising, or promoting the raffle.
3) The names and home addresses of any persons, organization or other legal entities that will act as surety for the applicant or to which the applicant is financially indebted or to which any financial obligation is owed by the applicant.
4) Convictions, if any, for any criminal offense other than minor traffic offenses of each person listed in numbers 1, 2 and 3 of the raffle application.
5) Status of the organization. Must be one of the following:
Nonprofit tax-exempt, church, school, civic organization or related support group; or
Nonprofit organization qualified under Section 501 (c) of the Internal Revenue Code, as amended; or
Bona fide nonprofit organization approved by the Sheriff
6) A determination letter from the Internal Revenue Service certifying that the applicant is exempt under federal tax law must be provided.
7) A determination letter from the Georgia Department of Revenue certifying that the applicant is exempt under tax laws of the State must be provided.
8) No license shall be issued to any nonprofit, tax-exempt organization unless the organization has been in existence for 24 months immediately prior to the issuance of the license.
9) The location at which the applicant will conduct the raffle(s).
10) List the certified or registered public accountant and the organization responsible for filing the disclosure report of operation expenditures and receipts to the operation of raffles in the previous year.
Any nonprofit, tax-exempt organization desiring to obtain a license to operate raffles shall make application to the Sheriff on forms prescribed by the Sheriff and shall pay an annual fee of $100.00. The license will expire at 12:00 midnight on December 31 following the granting of the license. Renewal application for each calendar year shall be filed with the Sheriff prior to January 1 of each year.
Notwithstanding the other provisions of House Bill 456, the Sheriff, upon receiving written application therefore, shall be authorized to issue a special limited license to a nonprofit, tax-exempt organization, which will allow it to operate up to three raffles during a calendar year. Each such single raffle shall be conducted in its entirety during a period not to exceed 30 days. In such cases, the Sheriff shall waive the fee.
On or before April 15th of each year, every nonprofit, tax-exempt organization engaged in operating raffles shall file with the Sheriff a report disclosing all receipts and expenditures relating to the operation of raffles in the previous year.
For complete information regarding raffles please review the attached copy of House Bill 456.