The Nonprofit FAQ

Should we conduct a raffle?
For some considerations, see Michael Wyland's notes on this question at http://www.sumptionandwyland.com/faq/FAQ-Raffles%20&%20Charitable%20Lotteries.htm

Susan D. Smith, the ED of the Utica Symphony Orchestra, posted to CharityLaw on July 18, 2003, in response to a question about a fundraiser involving raffling a car:

Many states consider charity raffles, bell jar games and such as
games of chance and they are regulated by the state wagering and gaming
board. So, you will need a permit to conduct such a raffle in NY and many other states.

Once you have a state permit, you will need a license from the
jurisdiction[s] in which raffle tickets are to be sold -- city, town,
village. There can be a lot of paperwork to both these processes,
so allow for time -- ideally 30-60 days before you wish to conduct the
raffle. In some place, the license may include a police check of all people who will sell
tickets, so you can't just hand a bunch of tickets to people and ask them to
sell them.

If your raffle will gross more than $30,000, NY State (and maybe others) requires additional paperwork
after the raffle concludes. It is extensive.
Be sure to keep good records of income, expenses gross/net proceeds.

When we conducted our first raffle, I opened a separate bank account into
which all raffle proceeds went and from which all raffle expenses were paid.
It made it much easier.

As to the car itself -- you will need to pay for the title, insurance for
the time during which it is to be raffled [and especially if the car will be
on display during the raffle period].

Wherever you sell raffle tix, your
permit must be displayed.

Your raffle rules should make it clear who may
purchase tix -- over 18 or 21 [depending on the state], whether or not
people affiliated with the organization may purchase or not [think about
this one: if there is only one winner, do you want it to be the spouse of
the Board president, a volunteer for your agency or an employee?], that your
organization is required to file a 1099 with the IRS [the vehicle is
considered income to the winner], that only "X" number of tickets will be
sold [people like to know odds], that the purchase of a raffle tix is not
considered a charitable gift and is not tax deductible (see http://www.nonprofits.org/npofaq/11/06.html). State when and
where the tix will be drawn and whether or not you need to be present to
win. Will there be a limit on the # of tix that any one person may buy?
State the value of the vehicle. And make sure your literature is given to
every person who buys a ticket and that it has your permit # on it.

I've done this before -- last year the Symphony I work for sold 2000 $25 tix
on a Ford Explorer. We netted $49,000. This year, we're raffling a 2003
Centennial Edition Ford Mustang Convertible [black] for $25 a tix and we're
selling 2500. Last year the car was donated to us. This year we have to
pay $8300 for it [dealer consortium we're working with is paying the other
$20,000].

Raffles are labor intensive. Raffle ticket buyers do NOT translate into
donors of other types. A raffle tix bought at the mall or through a
telethon is an impulse purchase. You will not realize new members or
museum-goers as a result of the raffle. But, if you've got the right
vehicle, you'll make money.

Oh, and be sure that your raffle isn't going on at the same time as another
group's.




Posted 7/25/03 -- PB