ENFORCEMENT AND PENALTIES
563.71
563.71
Duties of the department of justice. 563.71(1)(a)(a) Whenever the attorney general files with a circuit or supplemental court commissioner a statement that the attorney general believes that a violation of this chapter has occurred, the commissioner shall issue a subpoena for any person requested or named by the attorney general. Mileage and witness fees need not be paid in advance, but only verified claims for mileage and fees which are approved by the attorney general shall be paid out of the state treasury and charged to the appropriation under
s. 20.455 (1) (d) and shall be the same rates as those paid witnesses in circuit court.
563.71(1)(b)
(b) Testimony from persons subpoenaed under
par. (a) shall be taken by a stenographic reporter and transcribed and read to or by the witness and subscribed to by the witness, unless the parties represented stipulate upon the record that the reading of the transcript of such testimony to or by the witness and his or her signature thereto are waived and that the transcript may be used with like force and effect as if read and subscribed by the witness. The attendance of the witness for the purpose of reading and subscribing to the transcript may be compelled in the same manner that his or her attendance to be examined may be compelled.
563.71(1)(c)
(c) The supplemental court commissioner shall be entitled to the fees under
s. 814.68 (1). All such fees and all other costs and expenses incident to such inquiry shall be paid out of the appropriation under
s. 20.455 (1) (d).
563.71(2)
(2) Violations a public nuisance. A violation of this chapter constitutes a public nuisance under
ch. 823, irrespective of any criminal prosecution which may be or is commenced based on the same acts.
563.71(3)
(3) Application. This section does not apply to
subch. VIII.
563.71 History
History: 1973 c. 156; Sup. Ct. Order, 67 Wis. 2d 585, 753 (1975);
1977 c. 29 s.
1656 (27);
1977 c. 187 s.
135;
1977 c. 273;
1977 c. 323 s.
16;
1977 c. 426;
1979 c. 34;
1981 c. 317 s.
2202;
1991 a. 269 s.
782kd; Stats. 1991 s. 563.71;
2001 a. 61.
563.72
563.72
Inspection for enforcement. Any peace officer or district attorney, within their respective jurisdictions, or an authorized employee of the department, may, at all reasonable hours, enter the premises where a bingo occasion is being conducted and examine the books, papers and records of the licensed organization to determine if all proper taxes or fees imposed have been paid. Any refusal to permit such examination of the premises by the licensed organization, its agent or an employee or the person in charge of the premises to which the bingo license relates, constitutes sufficient grounds for the suspension or revocation of a license, and is punishable under
s. 563.73 (2). In addition, such refusal constitutes sufficient grounds for any peace officer or other persons authorized under this section within their respective jurisdictions or authority to employ whatever reasonable action is necessary to conduct inspections permitted by this section.
563.73(2)
(2) Whoever violates any other provision of this chapter may be fined not more than $5,000 or imprisoned not more than 90 days or both.
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
Subch. VIII of ch. 563 Cross-reference
Cross-reference: See also ch.
Game 44, Wis. adm. code.
563.905
563.905
Definitions. In this subchapter:
563.905(1)
(1) "Local organization" means an organization whose activities are limited to this state, to a specific geographical area within this state, or to a specific geographical area that is partly within this state and partly within another 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;
2009 a. 316.
563.907
563.907
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 from the department. No other person may conduct a raffle in this state.
563.907 History
History: 1977 c. 426;
1991 a. 39,
1991 a. 269 s.
782Lp; Stats. 1991 s. 563.90;
1995 a. 27 s.
9123 (6pp);
1997 a. 27;
2013 a. 273 s.
7; Stats. 2013 s. 563.907.
563.907 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).
563.907 Annotation
Certain political organizations and subdivisions of the state may qualify for a raffle license. 67 Atty. Gen. 323.
563.907 AnnotationEligibility requirements for licensure discussed.
76 Atty. Gen. 115.
563.908
563.908
Types of raffles allowed. A raffle may not be conducted in this state unless it is one of the following types:
563.908(1)
(1) A game of chance for which tickets or calendars are sold and a drawing for prizes is held.
563.908(2)
(2) A game of chance for which a method, other than the methods described in
sub. (1), is used to determine a winner and that has been approved by the department under
s. 563.909. Any method approved under
s. 563.909 shall be based on the winner being determined by random selection with all participants having an equal opportunity to win.
563.908 History
History: 2013 a. 273.
563.909
563.909
Approval for additional types of raffles. 563.909(1)(1) The department shall approve a type of raffle that consists of flexible plastic or rubber ducks being used in a race. In approving this type of raffle, the department shall establish requirements for conducting this type of raffle so that the raffles will comply with the requirements under this subchapter and any applicable rules promulgated under
s. 563.04 or
563.05.
563.909(2)
(2) An organization that holds a Class A or Class B license and that seeks to conduct a raffle that is not of the type that is described under
s. 563.908 (1) or
sub. (1) shall obtain approval from the department before conducting such a raffle. The request for approval submitted to the department shall include all of the following information:
563.909(2)(b)
(b) The number of the license issued to the organization by the department.
563.909(2)(c)
(c) The address of the premises where the drawings will be held.
563.909(2)(d)
(d) A description of how this type of raffle will be conducted, including the method to be used for selling certificates of participation and the type of random selection process to be used for determining winners.
563.909(2)(e)
(e) A description of the record-keeping and accounting procedures that will be used for this type of raffle.
563.909(2)(f)
(f) The date on which the membership of the organization approved this type of raffle.
563.909(2)(g)
(g) The signature of a member of the organization whom the organization has designated to submit the request for approval.
563.909(3)
(3) The department may not approve a type of raffle under this section unless it determines that the raffle will comply with the requirements under this subchapter and with any applicable rules promulgated under
s. 563.04 or
563.05. The department shall issue a written determination as to whether the type of raffle is approved or denied and the basis for its determination. If the raffle is approved, the determination shall include a description of how the raffle must be conducted and a description of record-keeping and accounting procedures that must be used. The department shall post a copy of the determination on the department's Internet site.
563.909(4)
(4) Upon approval of a type of raffle under this section, any organization holding a Class A or Class B license issued under
s. 563.92 may conduct this type of raffle without receiving specific approval under this section.
563.909 History
History: 2013 a. 273.
563.91
563.91
Limit. No qualified organization under
s. 563.907 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;
2013 a. 273.
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 that the drawing occurs 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 that the drawing occurs or within the 24 hours immediately preceding the start of the 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 business days after the filing of an application if the applicant qualifies under
s. 563.907 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)(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 $500 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 date of the 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 drawing.
563.93(4m)
(4m) The organization that conducts a raffle under a Class A license shall provide the purchaser of a raffle ticket or calendar the purchaser's portion of the ticket or calendar before each raffle drawing is held, but need not provide it to the purchaser at the time of purchase.
563.93(5)
(5) All 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 game is canceled, the organization shall refund the receipts to the ticket or calendar purchasers.
563.93(8)
(8) The organization that holds a raffle game 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 for a raffle game, the person shall, prior to the date on which the drawing is held, 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.
