Legal Question in Business Law in New York
Is it legal for me to start an on-line raffle? For example, enter for $3 to win a big-screen LCD TV? An entrant is assigned a number and a random drawing of the numbers assigned determines who gets the TV. If it is legal but under very restricted circumstances, what type of attorney should I be hiring to walk me through it?
1 Answer from Attorneys
Here is part of the NY law. I suggest you retain an attorney familiar with both NY and federal charitable laws and how to qualify for conducting a raffle. In many communities, local approval is also required. 190-a. Raffles; license not required.
1. Notwithstanding the licensing requirements set forth in this article and their filing requirements set forth in subdivision four of section one hundred ninety of this article, an authorized organization may conduct a raffle without complying with such licensing requirements or such filing requirements, provided, that such organization shall derive net proceeds from raffles in an amount less than five thousand dollars during the conduct of one raffle and shall derive net proceeds from raffles in an amount less than twenty thousand dollars during one calendar year.
2.
(a) For the purposes of this section, "authorized organization" shall mean and include any bona fide religious or charitable organization or bona fide educational, fraternal or service organization or bona fide organization of veterans or volunteer firefighter, which by its charter, certificate of incorporation, constitution, or act of the legislature, shall have among its dominant purposes one or more of the lawful purposes as defined in this article, provided that each shall operate without profit to its members, and provided that each such organization has engaged in serving one or more of the lawful purposes as defined in this article for a period of three years immediately prior to being granted the filing requirement exemption contained in subdivision one of this section.
(b) No organization shall be deemed an authorized organization which is formed primarily for the purpose of conducting games of chance and which does not devote at least seventy-five percent of its activities to other than conducting games of chance. No political party shall be deemed an authorized organization.
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