Image Up Advertising & Design

| SUN LAKES LIFESTYLES | AUGUST 2024 | 9 Title 9: Crimes Against the Person Involving Sexual Assault, and Crimes Against Public Decency and Good Morals. Chapter 9. Lotteries, Section 320: Every person who contrives, prepares, sets up, proposes, or draws any lottery, is guilty of a misdemeanor. Section 320.5: Nothing in this chapter applies to any raff le conducted by an eligible organization as defined in subdivision (c) for the purpose of directly supporting beneficial or charitable purposes …. (c) For purposes of this section, "eligible organization" means a private, nonprofit organization that has been qualified to conduct business in California for at least one year prior to conducting a raff le and is exempt from taxation pursuant to Sections … 23701T … of the Revenue and Taxation Code. Section 23701T of the Revenue Taxation Code is for Homeowner Associations incorporated as Non-profit/Mutual Benefit Corporations. Sun Lakes Country Club is such an entity. This is the carve-out that permits Sun Lakes social clubs to use lottery-like methods to raise club revenue within the SLCC population. In order to validate our understanding of this carve-out, we contacted two enforcement agencies. Via the Office of State Senator Ochoa-Bogh, we sent a letter from our Board to the California Attorney General Bonta requesting their confirmation that this carve-out permits our Association social clubs to use lottery-like fundraising within our gated-community population. We also personally briefed the Agents at the Alcoholic Beverage Control, Palm Desert office (they hold our liquor license) with a similar request for confirmation. Neither office took exception to our assertion, so we are good to proceed. Here are the permitted activities, and those to be avoided. • Permitted: Within our gated community population, we can use any lottery game in our club fundraising activities including 50/50. The clubs keep 100 percent. No 90/10. A lottery is defined as: a prize, chance, and consideration. • ree prohibitions: 1. No betting games of any kind. We don't have a gaming license. Don't push the boundaries here. 2. No by-name direct fundraising for outside charities such as Carol's Kitchen. We can't hold money or property for outside community charities without registering with the DOJ as a charitable trust. However, from their treasuries, the clubs may donate to anyone. 3. We can't open up our club fundraising activities to the outside public as Bingo does. Personally invited guests by homeowners are okay. There's wiggle room here on who clubs can invite for club activities such as club shows and theater. Direct any questions on permitted activities to Jason Ewals at (951) 769-6648 or jason.ewals@fsresidential.com. A Lottery Exemption for Sun Lakes Social Clubs

• Cover