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HomeMy WebLinkAboutORDINANCES-1982-029-O-822/23/82 .z 29-0-82 Granting Variations from the Control over Bulk, Lot Area, Off -Street Parking, and Off -Street Loading Berth Regulations at �i 720-1/2 - 26 Clark Street I I WHEREAS, the Evanston Board of Appeals conducted a public hearing on January 19, 1982 and again on February 16, 1982 upon the application of �I the LaSalle National Bank as Trustee under trust 14835, Ben Seltz, Ruth Stern, Morton Seltz, David Seltz, and Jenny Cohler, beneficiaries for variations from the control over bulk, lot area, off-street parking, and off-street j loading berth regulations of the Zoning Ordinance to permit retention of the thirty-first, thirty-second, and thirty-third dwelling units on the premises at 720-1/2 - 26 Clark Street, Evanston, Illinois, property located in a B-4 j Business District; said hearings having been conducted pursuant to notice and publication thereof in the manner prescribed by law; and WHEREAS, the Zoning Board of Appeals has recommended that the application for said variations be granted; • NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: That the application of the LaSalle National Bank as Trustee under trust 14835, Ben Seltz, Ruth Stern, Morton Seltz, David Seltz, and Jenny Cohler, beneficiaries for variations from the control over bulk, lot area, off-street parking, and off-street loading berth regulations to permit retention of the thirty-first, thirty-second, and thirty-third dwelling units on the property located at 720-1/2 - 26 Clark Street, Evanston, and legally described as: i The East 6 ft. of Lot 9 and all of Lot 10 in Block 16 in Village of Evanston, a subdivision of parts of Section 13, T41N, R13 East and Sections 7, 18 and 19, T41N, R14 East of the 3rd P.M., in the City of Evanston, Cook County, Illinois i is granted subject to compliance with all other provisions of the Zoning Ordinance, and other applicable laws. I ordinance. SECTION 2: The Director of Building and Zoning is hereby directed to issue such permit pursuant to the terms of this f SECTION 3: This ordinance shall be in full force and effect from and after its passage and approval in the manner i i provided by law. �I Introduced: 1982. j Adopted: 1982. Approved: 1982. ATTEST: - 1` City Clerk I Approved as to form: • �Zorporati on Counsel �i • 1pla 28-0-82 i • U ' CHAPTER 28 LICENSING OF RAFFLES SECTION: 3-28- 1: Definitions 3-29- 2: License Required 3-28- 3: Eligibility 3-28- 4: Administration 3-28- 5: Time to Act 3-28- 6: Powers, Duties 3-28- 7: License Fees, Limitation 3-28- 8: Conduct of Raffles, Restrictions 3-28- 9: Raffles Manager - Bond 3-28-10: Applications and Contents 3-28-11: Restrictions on Issuance 3-28-12: Disposition of Fees 3-28-13: Record Keeping 3-28-14: Supervisor, Revocation Procedures 3-28-15: Construction 3-28-16: Penalties and Authorization 3-28-1: DEFINITIONS: For the purposes of this Chapter, the following terms shall have the meanings indicated, unless the context clearly required a different meaning: NET PROCEEDS: The gross receipts from the conduct of raffles, '! less reasonable sums expended for prizes, local license fees and other reasonable !� operating expenses incurred as a result of j� operating a raffle. RAFFLE: A form of lottery, as defined in Illinois Re- vised Statutes, Chapter 38,• Section 20-s(b), conducted by an organization licensed under this chapter in which: (A) The player pays or agrees to pay something of value for a chance, represented and differentiated by a number or by a combination of numbers or j by some other medium, one or more of which chances is to be designated the winning chance; !i and I ' I (B) The winning chance is to be determined through a drawing or by some other method based on an element of chance by an act or set of acts on the part of persons conducting or connected with the lottery, except that the winning chance �. shall not be determined by the outcome of a publicly exhibited sporting contest. NON-PROFIT: An organization or institution organized and conducted on a not -for -profit basis with no personal profit inuring to anyone as a result of the operation. CHARITABLE: i An organization or institution organized and operated to benefit an indefinite number of the public. The service rendered to those eligible for benefits must also confer some benefit on i the public. -2- • •28-0-82 R i EDUCATIONAL: An organization -.or institution organized and operated to provide systematic instruction in useful branches of learning by methods common to schools and institutions of learning which compare favorably in their scope and intensity • ! with the course of study presented in tax -sup- ported schools. !i ' RELIGIOUS: Any church, congregation, society or brganiza- tion founded for the purpose of religious worship. FRATERNAL: An organization of persons having a common - interest, the primary interest of which is to both promote the welfare of its members and to {i provide assistance to the general public in i I f` such a way as to lessen the burdens of govern- ment by caring for those who would otherwise be cared for by the government. ' VETERANS: An organization or association comprised of members of which substantially all are indivi- duals who are veterans, or spouses, widows or i widowers of veterans, the primary purpose of which is to promote the welfare of its members +, and to provide assistance to the general public in such a way as to confer a public benefit. LABOR: An organization composed of workers organized with the objective of betterment of -the condi- tions of those engaged in such pursuit and the development of a higher degree of efficiency in their respective occupations. • �i 3-28-2: LICENSE REQUIRED: No person, firm or corporation shall �i conduct any raffle or sell any chances for a raffle, within 'i the City of Evanston, without first having obtained a license for the . particular raffle pursuant to this chapter. 3-28-3: ELIGIBILITY: Licenses shall be issued only to bona fide I charitable, educational, religious, fraternal, veterans', or labor organizations that operate without a profit to their members and which have been in existence continuously for a period of at least five years immediately prior to their making application for a license and which have had a bona fide membership engaged in carrying out.their. objective during that time. j 3-28-4: ADMINISTRATION: The City Manager shall be charged with the administration of this Chapter, and may designate i City personnel to assist him in the exercise of such power and responsi- bilities. 3-28-5: TIME TO ACT: The City Manager shall act on a license application within thirty (30) days of the date of the application. - i 3-28-6: POWERS, DUTIES: The City Manager shall have the fol- lowing powers, functions and duties under this chapter, in addition to any other powers elsewhere granted by ordinance or by law: ; I (A) To grant, suspend or revoke all raffles licenses issued. • I - (B) To receive or cause to be received all local license fees and pay them to the City Collector; and (C) To receive complaints from any citizen of the City that any pro- vision of this Chapter has been or is being violated, and to act upon such complaint in the manner provided by law. -3- 3-28-7: LICENSE FEES, LIMITATION: The fee for such license shall be $25.00. Licenses issued pursuant to this Chapter shall be valid for one raffle. 3-28-8: CONDUCT OF RAFFLES, RESTRICTIONS AND AUTHORIZATION: The conduct of raffles is subject to the following restrictions. •(A) The entire net proceeds of any raffle must be exclusively devoted ' to the lawful purposes of the organization permitted to conduct i that raffle. (B) No person except a bona fide member of the sponsoring organization may participate in the management or operation of the raffle. (C). No person may receive any remuneration or profit for participating in the management or operation of the raffle. i� (D) A licensee may rent premises on which to determine the winning chance or chances in a raffle only from (1) an organization which is also licensed under this chapter, or (2 a non -profit -corporation or organization approved in the license, or (3) a commercial entity approved in the license, but only if no rent or other charge is made for the renting of the premises above the lowest rates that are being charged by the entity for use of the same space. �! (E) Raffle chances may be sold or issued only within the area specified in the license and winning chances may be determined only at those locations specified in the license. H (F) No person under the age of eighteen (18) years may participate in the conducting of raffles or chances. A person under the age of eighteen (18) years may be within the area where winning chances j� are being determined only when accompanied by his parent or guardian. i I • � (G) Nothing in this Section shall be construed as to limit the aggregate or maximum retail value of all prizes issued in a single raffle, the maximum prize which may be charged for a raffle chance, or the . maximum number of days during which chances may be.issued or sold. 3-28-9: RAFFLES MANAGER - BOND: (A) Supervision: The operation of and the conduct of raffles shall be under the supervision of a single raffles manager designated by the organization. i (B) Amount of Bond: The raffles manager shall give a fidelity bond in j j; the sum of the total value of the prizes to be awarded in the raffle.; i Such bond must be issued by a responsible insurance company or financial institution duly authorized to do business in Illinois, , and shall be in effect from the commencement of sales of chance i within the City of Evanston until at least thirty (30) days after the raffle is conducted. (C) Cancellation: Terms of the bond shall provide that notice shall be j given in writing to the City Manager not less than thirty (30) days prior to its cancellation. (D) Waiver of Requirement: The City Manager may waive this bond require' ment to any organization under this Chapter, if upon investigation it is determined that such a bond requirement imposes a hardship on the organization so as to prevent the operation of the raffle. i •. 3-28-10: APPLICATIONS AND CONTENTS: The application for a license required by this Chapter shall contain the following in- formation: -4- • • The area or areas within the City in which raffle chances will be sold or issued; The time period during which raffle chances will be sold or issued; The time of determination of winning chances; (D) The name and address of the organization; ! I (E) The type.or,organization; !i (F) The number of years that the organization has been in existence; (G) The date and place of incorporation or formation of the organization;' (H) The number of members in good standing in the organization; (I) The name of the president or chairperson of the organization; - �j (J) The name of the raffle manager; (L) The cumulative retail. value of the prizes; �I (M) The maximum value of each prize; (N) The maximum price to be charged for each chance sold; ij (0) The location or locations at which winning chances will be de- j i termined; �{ (P) A sworn statement attesting to the non-profit character of the pro- spective licensee organization signed by its presiding officer and ' secretary, if any. I j In addition to the foregoing information, the application shall if contain such other and further information as the City Manager may I 'I proscribe not inconsistent with law. i 3-28-11: RESTRICTIONS ON ISSUANCE: No raffle license shall be i issued to: (A) Any person who has been convicted of a felony; (B) Any person who is or has been a professional gambler or gambling �. promoter; j i (C) I Any person who is not of good moral character; i (D) Any firm or corporation in which a person as defined in (A), (B), or (C) has a proprietary, equitable or credit interest; i (E) Any organization in which a person defined in (A), (B) or (C) is !' an.officer or director, whether compensated or not; or (F) Any organization in which a person defined in (A), (B) or (C) is to participate in the management or operation of a raffle as defined in ; this chapter. (G) Any organization which has in the previous three (3) years had a license revoked by any governmental unit; i 3-28-12: DISPOSITION OF FEES: All fees for licenses required by this Chapter shall be paid to the City Collector at the time of application and.shall. be deposited in the general fund or in such other fund as may be designated by the City Council. -5- 28-0-82 3-28-13: RECORD KEEPING: (A) The City Manager shall keep or cause to be kept a complete record { of all licenses required by this Chapter issued by him, and shall ii forward a copy to the Chief of Police. The City Manager shall in- form the Chief of Police from time to time ofany changes and of • ?; the issuance, revocation or suspension of any licenses. !� (B) Each organization to conduct raffles and chances shall keep records of its gross receipts, expenses, and net proceeds for each single I� gathering or occasion at which winning chances are determined. All deductions from gross receipts shall be documented with receipts or other records indicating the amount, a description of the purchased i item or service or other reason for the deduction, and the recipient. The distribution of net proceeds shall be itemized as to payee, pur- pose, amount and date of payment. (C) Gross receipts from the operation of raffles programs shall be segre- gated from other revenues of the organization, including bingo gross j receipts, if licensed bingo games are also conducted by the same non-profit organization, and placed in a separate account. Each organization shall have separate records of its raffles. The per- son who accounts for.gross receipts, expenses and net proceeds from the operation of raffles shall not be the same person who accounts for other revenues of the organization. 3-28-14: SUPERVISOR, REVOCATION PROCEDURES: (A) - The City Manager may revoke or suspend any license issued by the City under this Chapter if he determines that the licensee has violated any provision of this Chapter or of law. (B) No such license shall be revoked or suspended except after public hearing by the City Manager or his designate with a three (3) • days' written notice to the licensee affording him an opportunity to appear and defend himself. (C) Within five (5) days after such hearing, if the City Manager deter- mines that the license should be revoked or suspended, he shall state the reason or reasons for such determination in a written order of revocation or suspension and shall serve a copy of such order within such five (5) days upon the licensee. 3-28-15: CONSTRUCTION: Nothing in this Chapter shall be construed to authorize the conducting or operating of any gambling scheme, enterprise, activity or device other than raffles as provided for herein. Ij 3-28-16:, PENALTY: Any violation of the provisions of this Chapter shall be an offense punishable by a fine of not less than twenty five dollars ($25.00) nor more than five hundred dollars ($500.00) for each violation. A separate dffense shall be deemed committed for each day a violation exists. In addition thereto, any violator of the provisions of this Chapter may be enjoined from the conduct constituting the violation. 3-28-17: REPEAL: This ordinance shall be repealed effective January 1, 1983. • 'i SECTION• 2: All ordinances or parts of ordinances in conflict herewith are.hereby repealed. ;I i' .1 tl 28-0-82 I !� SECTION 3: This ordinance shall be. -in full force and effect jl from and after its passage, approval, and publication 1 in the manner provided by law. i Introduced: ,�%�G LL, 1982. i� _ !j Adopted: /�� , 1982. I I i ATTEST - City Clerk i Ap oved as to f) rm: 1 ` - Corporation Counsel • Approved- 1982. Mapf/" ` -7-