Exemptions; community-based residential facilities, senior citizen community centers and adult family homes.
This subchapter does not apply to an organization listed under s. 563.11 (1) (b)
History: 1989 a. 147
; 1991 a. 269
; Stats. 1991 s. 563.69.
ENFORCEMENT AND PENALTIES
Duties of the department of justice. 563.71(1)(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.
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.
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)
(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.
This section does not apply to subch. VIII
History: 1973 c. 156
; Sup. Ct. Order, 67 Wis. 2d 585, 753 (1975); 1977 c. 29
s. 1656 (27)
; 1977 c. 187
; 1977 c. 273
; 1977 c. 323
; 1977 c. 426
; 1979 c. 34
; 1981 c. 317
; 1991 a. 269
; Stats. 1991 s. 563.71; 2001 a. 61
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.
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.
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.
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.
History: 1973 c. 156
; 1977 c. 426
; 1989 a. 147
; Stats. 1989 s. 163.73; 1991 a. 269
; Stats. 1991 s. 563.73; 1995 a. 27
s. 9123 (6pp)
; 1997 a. 27
GROSS RECEIPTS TAX
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:
One percent of the first $30,000 in gross receipts received by a licensed organization during a year.
Two percent of the gross receipts received by a licensed organization during a year that exceed $30,000.
History: 1973 c. 156
; 1991 a. 269
; Stats. 1991 s. 563.80; 1997 a. 237
; 1999 a. 5
Subch. VIII of ch. 563 Cross-reference
See also ch. Game 44
, Wis. adm. code.
Qualified organizations. 563.907(1)(1)
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.
Local organizations that may conduct raffles include only those organizations 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.
Service organizations that may conduct raffles include all of the following:
A labor organization, as defined in s. 5.02 (8m)
, whose jurisdiction is limited to a specific geographical area within the state.
A political party, as defined in s. 5.02 (13)
, except a state political party registered under subch. III of ch. 11
under whose name candidates appear on a ballot at any election.
History: 1977 c. 426
; 1991 a. 39
, 1991 a. 269
; Stats. 1991 s. 563.90; 1995 a. 27
s. 9123 (6pp)
; 1997 a. 27
; 2013 a. 273
; Stats. 2013 s. 563.907; 2015 a. 6
, ss. 24
; 2015 a. 117
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).
Certain political organizations and subdivisions of the state may qualify for a raffle license. 67 Atty. Gen. 323.
Eligibility requirements for licensure discussed. 76 Atty. Gen. 115
Requirements of raffles.
A raffle may not be conducted in this state unless any winner in the raffle is determined by a drawing with all tickets or calendars having an equal opportunity to win.
History: 2013 a. 273
; 2015 a. 6
No qualified organization under s. 563.907
may conduct more than 365 raffles or more than one calendar raffle during a year. A raffle for which one or more drawings are held on one day at one location is one raffle for purposes of this section.
The department may issue a Class A license or a Class B license to any qualified organization that applies.
Under a Class A license, an organization may do all of the following:
Conduct single-container raffles, a calendar raffle, or plastic or rubber duck races if the raffles or races are authorized under s. 563.908
Sell some or all tickets on days other than the same day as the drawing.
Sell equal shares of a single ticket to one or more purchasers.
Under a Class B license, an organization may do all of the following:
Conduct multiple-container raffles or plastic or rubber duck races if the raffles or races are authorized under s. 563.908
On more than one day if the organization distributes tickets to purchasers only at the event at which the drawing will take place.
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 a complete application if the applicant qualifies under s. 563.907
and has not exceeded the limits of s. 563.91
. The department shall notify the applicant within 15 days after it is filed if the raffle license application is incomplete or the application shall be considered complete. A complete license application that is not denied within 30 days after its filing shall be considered approved. All moneys received by the department under this subsection shall be credited to the appropriation account under s. 20.505 (8) (j)
The department may conduct proceedings to suspend or revoke an organization's license to conduct raffles for failing to comply with the requirements of this subchapter.
With respect to a raffle conducted under a Class A license, the department shall not be held responsible or liable in any dispute regarding the ownership or sale of a share of a ticket under s. 563.93 (3i)
The department and the organization conducting a raffle under a Class B license shall not be held responsible or liable in any dispute regarding the ownership of a ticket if the purchaser of the ticket gives the ticket to another person to claim a prize on behalf of the purchaser under s. 563.935 (6) (c)
History: 2015 a. 6
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:
No person may sell a ticket or calendar unless authorized by an organization with a Class A license.
All tickets and all calendars shall be identical in form and include:
The number of the license issued by the department.
The name and address of the sponsoring organization.
The price of the ticket or calendar and the discounted price, if any, applicable to multiple ticket or calendar purchases.
A place for the purchaser to enter his or her name and address.
A list of each prize to be awarded that has a fair market value of $1,000 or more.
An organization that conducts a raffle under a Class A raffle license shall do all of the following:
Prominently display, at each place where tickets may be purchased, a notice describing any state or federal law that imposes an age restriction on who may possess a prize that will be awarded in the raffle.
Make a good faith effort to award all of the prizes offered for a raffle. If the organization is unable to award a prize, it may hold the prize and use it for future fund-raising purposes.
Provide the purchaser of a ticket or calendar with the purchaser's portion of the ticket or calendar at the time of purchase or at any time before each drawing is held.
Print an identification number on both the purchaser's and the organization's portion of the ticket or calendar. The tickets or calendars shall be numbered consecutively in relation to the other tickets or calendars for the same drawing.
Refund the drawing receipts to the ticket or calendar purchasers if a drawing is canceled. The organization may not deduct from the refund a handling charge or other amount relating to the expense incurred in the sale of a ticket or calendar. The organization may not reclaim any prize awarded in a drawing that has already been held at the time a calendar raffle is canceled.
In raffles that involve drawings, as defined in s. 563.03 (5r) (a)
, place the organization's portion of the ticket or calendar in the drawing container prior to the time of the drawing.
Retain the organization's portion of each ticket or calendar sold for one year after the date on which the drawing is held and provide any of these portions to the department upon request.
An organization that conducts a calendar raffle shall do all of the following:
Print identical drawing dates and identical prize amounts for each drawing on every calendar sold.
After holding a drawing, replace the winning tickets into the container to allow the purchasers the chance to win again in subsequent drawings.
An organization that conducts a raffle under a Class A raffle license may not do any of the following:
Permit another organization or individual to use its license to conduct a raffle.