Dear triplemmm-ga;
Thank you for allowing me an opportunity to answer your interesting
question. Let’s begin by talking about the raffle and lottery laws in
Georgia:
What is a raffle in the State of Georgia?
“'Raffle' means any scheme or procedure whereby one or more prizes are
distributed by chance among persons who have paid or promised
consideration for a chance to win such prize. Such term shall also
include door prizes which are awarded to persons attending meetings or
activities provided that the cost of admission to such meetings or
activities does not exceed the usual cost of similar activities where
such prizes are not awarded.”
GEORGIA STATE CODE 16-12-22.3
By definition, the State of Georgia considers a raffle and a lottery
to be one and the same under most conditions:
“'Lottery' means any scheme or procedure whereby one or more prizes
are distributed by chance among persons who have paid or promised
consideration for a chance to win such prize, whether such scheme or
procedure is called a pool, lottery, raffle, gift, gift enterprise,
sale, policy game, or by some other name…”
GEORGIA STATE ASSEMBLY UNANNOTATED CODE 16-12-20
Who can legally operate a raffle in the State of Georgia?
“It is the intention of the General Assembly that only nonprofit,
tax-exempt churches, schools, civic organizations, or related support
groups; nonprofit organizations qualified under Section 501(c) of the
Internal Revenue Code, as amended; or bona fide nonprofit
organizations approved by the sheriff, which are properly licensed
pursuant to this Code section shall be allowed to operate raffles.”
GEORGIA STATE CODE 16-12-22.1(a)
Where can raffles be legally operated (assuming the legal criteria is
met)?
“Raffles shall be operated only on premises owned by the nonprofit,
tax-exempt organization operating the raffle, on property leased by
the nonprofit, tax-exempt organization and used regularly by that
organization for purposes other than the operation of a raffle, or on
property leased by the nonprofit, tax-exempt organization operating
the raffle from another nonprofit, tax-exempt organization.”
GEORGIA STATE CODE 16-12-22.4(h)
What are the penalties?
“Any person who violates any other provision of this Code section
shall be guilty of a misdemeanor of a high and aggravated nature. Any
person who commits any such violation after having previously been
convicted of any violations of this Code section shall be guilty of a
felony and, upon conviction thereof, shall be punished by imprisonment
for not less than one nor more than five years or by a fine not to
exceed $10,000.00, or both.”
GEORGIA STATE CODE 16-12-22.2(m)
The quotes from above and indeed the entire statute related to raffles
in the state of Georgia can be found here:
GEORGIA GENERAL ASSEMBLY
GEORGIA STATE CODE CODE SECTION 16-12-22.1.
http://www.legis.state.ga.us/cgi-bin/gl_codes_detail.pl?code=16-12-22.1
Assuming you have read the raffle statute in it’s entirety, regardless
of what other might have done, you now know that such a raffle of
one’s home in the State of Georgia would be illegal unless you apply
for and receive (in advance) a non-profit exemption, a license from
the Sheriff of the county in which the raffle would be held, meet the
clerical, accounting and tax requirements and meet all the other mind
boggling requirements of the statute.
Alternatively, should you choose to call your “game of chance” a
lottery rather than a raffle, the stakes are even higher since it is
not only against the law to hold a private lottery but to print
receipts, tickets, empower an outside agency to assist or even
advertise one:
GEORGIA STATE CODE CODE SECTION 16-12-26
http://www.legis.state.ga.us/cgi-bin/gl_codes_detail.pl?code=16-12-26
GEORGIA STATE CODE CODE SECTION 16-12-27
http://www.legis.state.ga.us/cgi-bin/gl_codes_detail.pl?code=16-12-27
Not to mention the fact that every single person who purchased a
ticket (chance) in an illegal lottery can be summoned to testify
AGAINST the lottery operator:
GEORGIA STATE CODE CODE SECTION 16-12-29
http://www.legis.state.ga.us/cgi-bin/gl_codes_detail.pl?code=16-12-29
As for your questions then, let’s address each one individually:
“Do I need to ask an attorney who specializes in real estate?”
Not if you sell your home in the conventional way. If you plan to hold
a raffle to dispose of the home I’d most assuredly suggest you contact
an attorney before taking that step.
“Is this legal in Georgia?”
No. Not if the raffle is a “for-profit” enterprise.
“What are the rules or laws surrounding a raffle in this state?”
Refer to the detailed explanation above to see the laws concerning
reffles in the State of Georgia.
“Can they be applied to selling a house?”
The laws can indeed be applied in favor of the raffle of a house if
the raffle is a non-profit enterprise and all other requirements are
met. Conversely, the laws can be used against you if the legal
criteria set forth in the statutes is not met and the non-profit
status has not been granted.
I'd like to go on and on and expound on this issue but frankly the law
speaks for itself. There really isn't much more one can say than what
the statutes themsmelves already address.
Below you will find that I have carefully defined my search strategy
for you in the event that you need to search for more information. By
following the same type of searches that I did you may be able to
enhance the research I have provided even further. I hope you find
that that my research exceeds your expectations. If you have any
questions about my research please post a clarification request prior
to rating the answer. Otherwise, I welcome your rating and your final
comments and I look forward to working with you again in the near
future. Thank you for bringing your question to us.
Best regards;
Tutuzdad-ga
INFORMATION SOURCES
Defined above
SEARCH STRATEGY
SEARCH ENGINE USED:
Google ://www.google.com
SEARCH TERMS USED:
Lottery, raffle Georgia, statutes, laws, requirements, General
Assembly |
