Judges: RICHARD P. IEYOUB
Filed Date: 8/28/2001
Status: Precedential
Modified Date: 7/5/2016
Dear Dr. Michel:
Your request for an Attorney General's Opinion has been forwarded to my office for response. As I understand it, your question is:
Does the law permit the City of Marksville Police Department to engage in fund raising activities for the purpose of off-setting its operating expenses?
Though your inquiry appears to present public finance issues as well, I will attempt to address the gaming issues raised in your letter.
The gaming issues are governed by Louisiana gaming law, specifically La.R.S.
Gambling is the intentional conducting, or directly assisting in the conducting, as a business, of any game, contest, lottery, or contrivance whereby a person risks the loss of anything of value in order to realize a profit.
Accordingly, activities such as auctions, golf tournaments and fund-raising dinners do not per se fall under the purview of La.R.S.
Once it is determined that an activity is gambling in accordance with La.R.S.
Under these statutes, particularly La.R.S.
1) Raffles, defined as the "drawing for prizes or the allotment of prizes by chance, by the selling or shares, tickets, or rights to participate in such game or games, and by conducting the game or games accordingly";
2) Bingo;
3) Pull-tabs, played either with card tickets or via electronic pull-tab devices;
4) Electronic Video Bingo; and
5) Casino Night, or "Las Vegas Night," which is limited by LAC
42:I.2325 (A) to the conducting of Blackjack, Roulette, dice games where the player competes with the house, Money Wheel, Baccarat, Poker and Bourree.
Licenses for these activities may only be obtained through the Office of Charitable Gaming, and, furthermore, may only be granted to charitable organizations who are qualified as such with the Internal Revenue Service via a 501(c) tax exemption, or to Mardi Gras carnival organizations, civic or service associations, volunteer fire companies, booster clubs and parent-teacher associations, as defined in La.R.S.
Additionally, La.R.S.
It is important to note that donations to police departments are almost always considered to be public-spirited in nature, in accordance with La.R.S.
Also noteworthy is La.R.S.
In conclusion, if the City of Marksville desires to engage in an activity that meets the criteria of gambling, then it must either obtain a license to do so, or be statutorily exempted from the licensing requirement. Again, it would appear to be permissible for any licensed charitable organization to donate funds to the City, public finance issues notwithstanding.
Your letter has been forwarded to the Civil Division, Public Finance Section for further consideration of other issues raised in your letter.
I hope that this information has adequately addressed you needs. If I may be of further assistance, please feel free to contact my office.
Sincerely,
RICHARD P. IEYOUB ATTORNEY GENERAL
BY: _____________________________ KAREN DAY WHITE Assistant Attorney General Gaming Division
KDW/am
Date Received:
Date Released: August 27, 2001