Judges: WINSTON BRYANT, Attorney General
Filed Date: 1/23/1996
Status: Precedential
Modified Date: 7/5/2016
The Honorable Mike Todd State Senator 333 West Court Street Paragould, Arkansas 72450
Dear Senator Todd:
This is in response to your request for an opinion on the following question:
Can a nonprofit organization conduct a raffle? Does it make any difference in the legality of the raffle if the proceeds are being used for charitable or non-charitable purposes by the organization?
You have noted that over the past several years I, and my predecessors in office, have issued several opinions concerning the legality of raffles held by school and other nonprofit organizations. You have received a recent inquiry concerning the legality of a raffle held by a local nonprofit organization and note that the "normal rules" for these types of raffles were followed, "i.e., no requirement for attendance to win, the purchase of tickets was viewed as a donation, etc." You have asked for any previously issued opinions on the topic and for my opinion on the question set out above.
It appears that the opinions from this office which have been issued on the topic involve the legality or constitutionality of bingo rather than raffles.1 I have not found any Arkansas Attorney General Opinion issued by my administration or any former administration specifically discussing the legality of raffles held by nonprofit organizations. It seems clear, however, that a raffle, as commonly conducted, meets the definition of a "lottery" as that term is used in the Arkansas Constitution.2 A "lottery" is defined as "a species of gaming . . . for the distribution of prizes by chance among persons who have paid, or agreed to pay, a valuable consideration for the chance to obtain a prize." Burks v. Harris,
Although the precise issue has not been addressed by the Arkansas Supreme Court in quite some time, it appears that existing Arkansas precedent makes no exception for the fact that the proceeds may go to charitable purposes. State v. Bass,
Of course, the prosecuting attorneys of the various districts have the authority to review the facts of particular cases and, in their discretion, determine whether legal action is warranted under art. 19, § 14. These officials also have the discretion to determine if criminal charges are warranted under the gambling statutes found in the Arkansas Criminal Code. See A.C.A. §§
The foregoing opinion, which I hereby approve, was prepared by Deputy Attorney General Elana C. Wills.
Sincerely,
WINSTON BRYANT Attorney General
WB:ECW/cyh