Legal Question in Business Law in California

creating my own lottery?

How do i go about starting my own lottery in CA, legally? Is there some sort patent needed to create for an idea I have or organization I need to contact. What if I wanted to create an individual city lottery, or online based lottery?


Asked on 8/28/08, 6:19 pm

2 Answers from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

Re: creating my own lottery?

I'm afraid you are out of luck.

Lotteries are a form of gambling and are illegal in California (as in most states) unless specifically authorized by the Legislature. The state's lottery operates under such an authorization. The Legislature is not about to grant others and create competition for the existing lottery.

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Answered on 8/28/08, 6:29 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: creating my own lottery?

Lotteries are a form of gambling and are illegal in California except for the big one run by the state. Penal Code section 320 says "Every person who contrives, prepares, sets up, proposes or draws any lottery, is guilty of a misdemeanor." There is one additional exemption: a raffle, which is a subspecies of a lottery, can be conducted by a private nonprofit tax-exempt organization that has been in business for at least a year may conduct a raffle under certain rules per Penal Code section 320.5.

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Answered on 8/29/08, 12:28 am


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