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TO: Mayor Thomas J. Weisner
FROM: Isabel M. GarcÃa-Kodron, City Clerk
DATE: February 6, 2014
SUBJECT:
An ordinance establishing a temporary moratorium on progressive raffle licenses in the City of Aurora - Committee of the Whole Agenda Item - February 18, 2014.
PURPOSE:
To obtain City Council's approval to place a temporary moratorium on progressive raffles.
BACKGROUND:
An ordinance establishing a system for the licensing of certain organizations to operate raffles was first adopted by the City of Aurora in 1982. Since then, there has been a single revision to this ordinance, which amended Sec. 25-224(b) in 1999.
DISCUSSION:
The City of Aurora raffle ordinance does not contemplate the licensing and conduct of "progressive raffles." Because these types of raffles may have, in a single game, numerous drawings without a winner, there is great potential for prize pots to continue to grow indefinitely. In fact, there have been recent issues with prize pots growing to more than double the prize limit set by ordinance O99-018.
In addition, although historically social clubs have been able to apply for and obtain raffle licenses, the City of Aurora Code of Ordinances does not make it clear that these types of organizations are eligible to obtain licenses to operate such games of chance.
I am requesting that a six (6) month moratorium on the issuance of progressive raffle licenses be established. This moratorium would afford staff the opportunity to research the laws in other communities, as well as best practices and any related legal matters, so that we may come up with language to appropriately address the above mentioned issues. We anticipate we should be able to bring before the Council the needed revisions to the ordinance language within one hundred and twenty (120) days, after which time the moratorium will expire.
RECOMMENDATIONS:
I hereby recommend that the City Council approve the attached proposed ordinance that will declare a temporary moratorium on the issuance of raffle licenses for the conduct of progressive raffles in the City of Aurora.
CITY OF AURORA, ILLINOIS
ORDINANCE NO. _________
DATE OF PASSAGE ________________
title
An Ordinance Establishing a Temporary Moratorium on Progressive Raffle Licenses in the City of Aurora.
body
WHEREAS, the City of Aurora has a population of more than 25,000 persons and is, therefore, a home rule unit under subsection (a) of Section 6 of Article VII of the Illinois Constitution of 1970; and
WHEREAS, subject to said Section, a home rule unit may exercise any power and perform any function pertaining to its government and affairs for the protection of the public health, safety, morals, and welfare; and
WHEREAS, the City of Aurora has not significantly reviewed nor modified its raffle license standards in many years; and
WHEREAS, there has recently arisen issues, safety and otherwise, with the progressive type of raffles being held in the City, specifically with the amount of prize money and the administration/operation of said type of raffles; and
WHEREAS, it appears that there could be a detrimental impact upon the health, safety and welfare of our community were these issues arise again with respect to said progressive raffles; and
WHEREAS, there have been concerns expressed with respect to the lack of specific provisions within our code dealing with progressive raffles and the various impact the conducting of this type of raffle can have, and that our code provisions should be updated accordingly; and
WHEREAS, it is in the best interests of the City and its residents that a review of all applicable regulations and Municipal Code provisions concerning progressive raffles be undertaken for the purpose of determining what, if any, revisions to such regulations and Codes should be adopted; and
WHEREAS, the City of Aurora has determined that it would not be in the best interests of the City and its residents to issue any new licenses for progressive raffles during the period that the review of applicable regulations and Municipal Code provisions is being conducted; and
WHEREAS, a municipality may suspend and deny the issuance of licenses when it is actively involved in considering amendments to relevant provisions of its Code, ordinances, rules and regulations.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Aurora, Illinois, as follows:
Section One: The above recitals are hereby adopted and incorporated herein as findings of fact.
Section Two: That the City Council of the City of Aurora hereby declares a temporary moratorium on the issuance of new licenses for progressive raffles, in the City of Aurora.
Section Three: That the temporary moratorium established in Section two of this Ordinance shall be, and hereby is, established for a period of six (6) months from the effective date of this Ordinance, which period shall expire at 12:01a.m. on August 25, 2014, unless, prior to that time, the City Council of the City of Aurora, in its sole and absolute discretion, terminates such moratorium by ordinance duly adopted.
Section Four: That a report as to the status of the review of the raffle license standards shall be made to the Council by April 25th, 2014.
Section Five: That this Ordinance shall be in full force and effect, and shall be controlling, upon its passage and approval.
Section Six: That all ordinances or parts of ordinances thereof in conflict herewith are hereby repealed to the extent of any such conflict.
Section Seven: That any Section or provision of this Ordinance that is construed to be invalid or void shall not affect the remaining sections or provisions which shall remain in full force and effect thereafter.
PASSED AND APPROVED on ______________.
AYES ____ NAYS ____ NOT VOTING ____ ABSENT ____
ATTEST:
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City Clerk Mayor