563.73(3)
(3) The department of justice or the district attorney of the county where the violation occurs may commence an action in the name of the state to recover a civil forfeiture to the state of not more than $10,000 for the violation of any provision of this chapter.
563.73(4)
(4) The department of justice, the department or the district attorney of a county of an actual or potential violation, after informing the department of justice, may commence an action in the circuit court in the name of the state to restrain any violation of any provision of this chapter. The court may, prior to entry of final judgment, make such an order or judgment as necessary to restore to any person any pecuniary loss suffered because of the acts or practices involved in the violation, provided proof thereof is submitted to the court. The department of justice may subpoena persons, require the production of books and other documents and request the department to exercise its authority to aid in the investigation of alleged violations of this section.
563.73 History
History: 1973 c. 156;
1977 c. 426;
1989 a. 147 s.
45; Stats. 1989 s. 163.73;
1991 a. 269 s.
782kp; Stats. 1991 s. 563.73;
1995 a. 27 s.
9123 (6pp);
1997 a. 27.
GROSS RECEIPTS TAX
563.80
563.80
Gross receipts tax. 563.80(1)(1) An occupational tax is imposed on those gross receipts of any licensed organization which are derived from the conduct of bingo, in the following amounts:
563.80(1)(a)
(a) One percent of the first $30,000 in gross receipts received by a licensed organization during a year.
563.80(1)(b)
(b) Two percent of the gross receipts received by a licensed organization during a year that exceed $30,000.
563.80 History
History: 1973 c. 156;
1991 a. 269 s.
782Ld; Stats. 1991 s. 563.80;
1997 a. 237;
1999 a. 5.
RAFFLES
563.90
563.90
Qualified organizations. Any local religious, charitable, service, fraternal or veterans organization or any organization to which contributions are deductible for federal income tax purposes or state income or franchise tax purposes, which has been in existence for one year immediately preceding its application for a license or which is chartered by a state or national organization which has been in existence for at least 3 years, may conduct a raffle upon receiving a license for the raffle event from the department. No other person may conduct a raffle in this state.
563.90 Annotation
The "local" requirement applies to all applicants, including tax-exempt organizations. Knights of Columbus v. Bingo Control Board,
151 Wis. 2d 404,
444 N.W.2d 447 (Ct. App. 1989).
563.90 Annotation
Certain political organizations and subdivisions of the state may qualify for a raffle license. 67 Atty. Gen. 323.
563.90 AnnotationEligibility requirements for licensure discussed.
76 Atty. Gen. 115.
563.905
563.905
Definitions. In this subchapter:
563.905(1)
(1) "Local organization" means an organization whose activities are limited to this state or to a specific geographical area within this state.
563.905(2)
(2) "Service organization" includes all of the following:
563.905(2)(a)
(a) A labor organization, as defined in
s. 5.02 (8m), whose jurisdiction is limited to a specific geographical area within the state.
563.905(2)(b)
(b) A political party, as defined in
s. 5.02 (13), except a state committee registered under
s. 11.05 and organized exclusively for political purposes under whose name candidates appear on a ballot at any election.
563.905 History
History: 1987 a. 240;
1989 a. 147;
1991 a. 269 s.
782Lt; Stats. 1991 s. 563.905.
563.91
563.91
Limit. No qualified organization under
s. 563.90 may conduct more than 200 raffles or more than one calendar raffle during a year.
563.91 History
History: 1977 c. 426;
1983 a. 222;
1989 a. 147;
1991 a. 269 s.
782md; Stats. 1991 s. 563.91.
563.92(1m)(1m) The department may issue a Class A license for the conduct of a raffle in which some or all of the tickets for that raffle are sold on days other than the same day as the raffle drawing and in which equal shares of a single ticket may be sold to one or more purchasers. The department may issue a Class B license for the conduct of a raffle in which all of the tickets for that raffle are sold on the same day as the raffle drawing.
563.92(2)
(2) The fee for a raffle license shall be $25 and shall be remitted with the application. A raffle license shall be valid for 12 months and may be renewed as provided in
s. 563.98 (1g). The department shall issue the license within 30 days after the filing of an application if the applicant qualifies under
s. 563.90 and has not exceeded the limits of
s. 563.91. All moneys received by the department under this subsection shall be credited to the appropriation account under
s. 20.505 (8) (j).
563.92(4)
(4) Proceedings to suspend or revoke a license to conduct raffles shall be initiated by the department pursuant to the rules promulgated under
s. 563.05 (4).
563.93
563.93
The conduct of raffles under a Class A license. All of the following shall apply to the conduct of a raffle under a Class A license:
563.93(1)
(1) All raffle tickets and all calendars shall be identical in form and include:
563.93(1)(a)
(a) The number of the license issued by the department.
563.93(1)(b)
(b) The name and address of the sponsoring organization.
563.93(1)(c)
(c) The price of the ticket or calendar and the discounted price, if any, applicable to multiple ticket or calendar purchases.
563.93(1)(d)
(d) A place for the purchaser to enter his or her name and address.
563.93(1)(e)
(e) The date, time and place of the drawing or drawings.
563.93(1)(f)
(f) A list of each prize to be awarded which has a retail value of $500 or more.
563.93(1s)
(1s) Each raffle ticket and each calendar sold by an organization shall include a separate identification number, printed on both the purchaser's and the organization's portion of the ticket or calendar, numbered consecutively in relation to the other tickets or calendars for the same drawing.
563.93(2)
(2) No raffle ticket may exceed $100 in cost.
563.93(2m)
(2m) No calendar may exceed $10 in cost for each month covered by the calendar.
563.93(3)
(3) No person may sell a raffle ticket or calendar unless authorized by an organization with a Class A license.
563.93(4)(a)(a) Except as provided in
par. (b), tickets for a proposed raffle may not be offered for sale more than 270 days before the raffle drawing.
563.93(4)(b)
(b) An organization that existed at least 5 years before the organization was issued a Class A license may offer tickets for sale for a proposed raffle up to one year before the date of the raffle drawing.
563.93(5)
(5) All raffle drawings shall be held in public.
563.93(6)
(6) All prizes shall be awarded. The purchaser of a ticket or calendar need not be present at the drawing to win a prize.
563.93(7)
(7) If a raffle drawing is canceled, the organization shall refund the receipts to the ticket or calendar purchasers.
563.93(8)
(8) The organization that holds a raffle drawing shall furnish a list of prize winners to each ticket or calendar holder who provides the organization with a self-addressed stamped envelope and requests the list.
563.93(9)
(9) If a person who holds a Class A license sells equal shares of a single ticket to one or more purchasers, the person shall, prior to the raffle drawing for which the shares were sold, purchase any shares of the ticket that have not been sold.
563.935
563.935
The conduct of raffles under a Class B license. All of the following shall apply to the conduct of a raffle under a Class B license:
563.935(1)
(1) All raffle tickets shall be identical in form.
563.935(2)
(2) The tickets need not be numbered consecutively.
563.935(3)
(3) No raffle ticket may exceed $10 in cost.
563.935(4)
(4) No person may sell a raffle ticket unless authorized by an organization with a Class B license.
563.935(5)
(5) All raffle drawings shall be held in public.
563.935(6)(a)(a) Except as provided in
par. (b), the purchaser of a ticket must be present at the drawing to win a prize, unless the purchaser gives the ticket to another person who may claim the prize on behalf of the purchaser, but only if that other person is present at the drawing. If the purchaser of the ticket gives the ticket to another person to claim a prize on behalf of the purchaser, the organization conducting the raffle and the department shall not be held responsible or liable in any dispute regarding the ownership of the ticket.
563.935(6)(b)
(b) Any organization conducting a raffle may, according to procedures determined by the organization, allow the purchaser of a ticket not to be present at the drawing to win a prize.
563.935(8)
(8) The time of the drawing and the prizes to be awarded, the prize amount or the methodology used to determine the prize amount shall be posted or announced before the drawing.
563.935(9)
(9) If a raffle drawing is canceled, the organization shall refund the receipts to the ticket purchasers.
563.935 History
History: 1995 a. 27,
301;
1997 a. 27.
563.94
563.94
Profits. All profits from raffles shall be used by the organization conducting the raffles to further the organization's purpose for existence and no salaries, fees or profit shall be paid to any other organization or individual in connection with the operation of a raffle. This section does not prohibit the printing of raffle tickets or calendars or the purchase of equipment or prizes for a raffle.
563.94 History
History: 1977 c. 426;
1983 a. 222;
1989 a. 147;
1991 a. 269 s.
782nh; Stats. 1991 s. 563.94.
563.95
563.95
Denial of application; hearing. Within 30 days after receiving written notification of a denial by the department of a license to conduct a raffle, an applicant may demand in writing a hearing before the department upon the applicant's qualifications and the merit of the application. At the hearing, the burden of proof shall be on the applicant to establish eligibility for a license. If, after the hearing, the department enters an order denying the application, the order shall set forth in detail the reasons for the denial. Upon entry of such an order or upon expiration of the 30-day period during which a hearing may be demanded, the applicant's license fee shall be refunded. If the department approves the application, the department shall issue the license within 14 days after approval.
563.97
563.97
Records. Each organization licensed to conduct raffles shall maintain a list of the names and addresses of all persons winning prizes with a retail value of $100 or more, and the prizes won, for at least 12 months after each raffle is conducted. The list shall be available at reasonable times for public examination and shall be provided to the department upon request.
563.97 History
History: 1983 a. 222;
1991 a. 269 s.
782nt; Stats. 1991 s. 563.97;
1995 a. 27 s.
9123 (6pp);
1997 a. 27.
563.98
563.98
Annual financial reports; renewals. 563.98(1)
(1) Each organization licensed under this subchapter shall, on or before the last day of the 12th month beginning after the date on which the license is issued and on or before that same date in each subsequent year, report the following information in writing to the department regarding the raffles which it has conducted:
563.98(1c)
(1c) Upon request of any organization that conducts a raffle during the month in which the report under
sub. (1) is due, the department may extend by not more than 30 days the deadline for submitting the report.
563.98(1g)
(1g) An organization licensed under this subchapter may renew the license by submitting a $25 renewal fee with the report under
sub. (1). All moneys received under this subsection shall be credited to the appropriation account under
s. 20.505 (8) (j).
563.98(1m)
(1m) Any organization that reports to the department under
sub. (1) and that had total receipts from the conduct of raffles of more than $50,000 during the reporting period shall include in its report a list of the names and addresses of all persons winning prizes with a retail value of $100 or more, and the prizes won, during the reporting period.
563.98(2)
(2) If a copy of the financial report is not filed or is not fully, accurately and truthfully completed, or if the fee specified in
sub. (1g) is not paid, the department may refuse to renew a license or may suspend a license until the report in proper form has been filed or the fee is paid.
563.99(1)(1) Any person who violates this subchapter shall be fined not more than $1,000 or imprisoned not more than 30 days or both.
563.99(2)
(2) The district attorney of a county of an actual or potential violation may commence an action in circuit court in the name of the state to restrain any violation of this subchapter. The court may, prior to entry of final judgment, make such an order or judgment as necessary to restore to any person any pecuniary loss suffered because of the acts or practices involved in the violation.
563.99 History
History: 1977 c. 426;
1979 c. 34;
1991 a. 269 s.
782ph; Stats. 1991 s. 563.99.
