13-3302

13-3302. Exclusions

A. The following conduct is not unlawful under this chapter:

1. Amusement gambling.

2. Social gambling.

3. Regulated gambling if the gambling is conducted in accordance with the statutes,
rules or orders governing the gambling.

4. Gambling that is conducted at state, county or district fairs and that complies
with section 13-3301, paragraph 1, subdivision (d).

B. An organization that has qualified for an exemption from taxation of income
under section 43-1201, paragraph 1, 2, 4, 5, 6, 7, 10 or 11 may conduct a raffle that is
subject to the following restrictions:

1. The nonprofit organization shall maintain this status and no member, director,
officer, employee or agent of the nonprofit organization may receive any direct or
indirect pecuniary benefit other than being able to participate in the raffle on a basis
equal to all other participants.

2. The nonprofit organization has been in existence continuously in this state for
a five year period immediately before conducting the raffle.

3. No person except a bona fide local member of the sponsoring organization may
participate directly or indirectly in the management, sales or operation of the raffle.

4. Nothing in paragraph 1 or 3 of this subsection prohibits a licensed general
hospital, a licensed special hospital or a foundation established to support
cardiovascular medical research that is exempt from taxation of income under section
43-1201, paragraph 4 or section 501(c)(3) of the internal revenue code from contracting
with an outside agent who participates in the management, sales or operation of the
raffle if the proceeds of the raffle are used to fund medical research, graduate medical
education or indigent care and the raffles are conducted no more than three times per
calendar year. The maximum fee for an outside agent shall not exceed fifteen per cent of
the net proceeds of the raffle.

C. A state, county or local historical society designated by this state or a
county, city or town to conduct a raffle may conduct the raffle subject to the following
conditions:

1. No member, director, officer, employee or agent of the historical society may
receive any direct or indirect pecuniary benefit other than being able to participate in
the raffle on a basis equal to all other participants.

2. The historical society must have been in existence continuously in this state
for a five year period immediately before conducting the raffle.

3. No person except a bona fide local member of the sponsoring historical society
may participate directly or indirectly in the management, sales or operation of the
raffle.

D. A nonprofit organization that is a booster club, a civic club or a political
club or political organization as defined in section 16-901 may conduct a raffle that is
subject to the following restrictions:

1. No member, director, officer, employee or agent of the club or organization may
receive any direct or indirect pecuniary benefit other than being able to participate in
the raffle on a basis equal to all other participants.

2. No person except a bona fide local member of the sponsoring club or organization
may participate directly or indirectly in the management, sales or operation of the
raffle.

3. The maximum annual benefit that the club or organization receives for all
raffles is ten thousand dollars.

4. The club or organization is organized and operated exclusively for pleasure,
recreation or other nonprofit purposes and no part of the club's or organization's net
earnings inures to the personal benefit of any member, director, officer, employee or
agent of the club or organization.