23.16.2602 RAFFLE GENERAL REQUIREMENTS, AUTHORIZED RANDOM SELECTION PROCESSES, AND RECORD KEEPING REQUIREMENTS
(1) The following random selection processes are authorized for use in determining a winner of a raffle as defined in 23-5-112, MCA:
(a) a drawing from a drum or other receptacle containing raffle ticket stubs or other suitable indicators of the ticket purchaser's identity that have been thoroughly mixed before the drawing; and
(b) selection by any other process if:
(i) the process is reasonably assured of being random and is not connected to an event that has its own intrinsic significance (e.g., a sports event, game of chance, contest); and
(ii) the indicator of the raffle ticket purchaser's identity reasonably assures the random selection of a winner.
(2) Any raffle conducted by a nonprofit organization, college, university, public school district as provided in 20-6-101 and 20-6-701, MCA, or nonpublic school as described in 20-5-102(2)(e), MCA, must be publicly identified as a charitable raffle.
(3) For each raffle conducted, the entity conducting the raffle shall maintain for a period of 12 months from the date of the raffle drawing, and provide to the department upon request:
(a) a record of the total proceeds collected;
(b) a detailed description of the prize(s) awarded;
(c) a description of the selection process used to determine the winner(s);
(d) a record reflecting the source of the prize(s), including any money paid to purchase prizes;
(e) a record of any administrative costs paid with raffle proceeds;
(f) a description of how the raffle was publically identified as a charitable raffle, where applicable;
(g) the name and address of the person(s) awarded raffle prize(s); and
(h) a detailed record of the distribution of the charitable raffle proceeds, where applicable.
(4) All raffle terms, including the date of the raffle drawing, must be available to the public prior to the sale of any raffle tickets.
History: 23-5-115, MCA; IMP, 23-5-112, 23-5-413, MCA; NEW, 1991 MAR p. 1942, Eff. 10/18/91; AMD, 2009 MAR p. 1260, Eff. 7/31/09.