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Barrister
Barrister, Attorney
Category: Business Law
Satisfied Customers: 34720
Experience:  16 years practicing attorney, JD, BA, MBA
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We own a small RV resort in Southern Oklahoma and are ready

Customer Question

We own a small RV resort in Southern Oklahoma and are ready to sell it now. We have sold businesses in the past and it is a long and tedious endeavor and so we want to do something totally different now.

We would like to raffle off the entire operation. we would advertise it on the web and in many large city newspapers and the raffle would be run by the bank, with all monies going straight into escrow until closing.

I contacted the Attoney General's office in Oklahoma to see if this was legal but was told to go to the District Attorney in our county (Murray). I hesitate to do this for several reasons, not the least of which is that I would prefer that the entire county not know our plans until we are ready to go. Can someone find out for me if this would be legal in Murray County, Oklahoma?
Submitted: 7 years ago.
Category: Business Law
Expert:  Barrister replied 7 years ago.

The short answer is no, it is not legal. Under OK state law, gambling is illegal unless you hold a license, charitable or otherwise that exempts you. More specifically:

 

§21-1051.

A lottery is any scheme for the disposal or distribution of property by chance among persons who have paid, or promised, or agreed to pay any valuable consideration for the chance of obtaining such property, or a portion of it, or for any share of or interest in such property, upon any agreement, understanding or expectation that it is to be distributed or disposed of by a lot or chance, whether called a lottery, a raffle, or a gift enterprise, or by whatever name the same may be known. Valuable consideration shall be construed to mean money or goods of actual pecuniary value. Provided, it shall not be a violation of the lottery or gambling laws of this state for (1) a bona fide resident merchant or merchants of a city or town, acting in conjunction with the Chamber of Commerce or Commercial Club of this state thereof, to issue free of charge numbered tickets on sales of his merchandise, the corresponding stub of one or more of which tickets to be drawn or chosen by lot by a representative or representatives of said Chamber of Commerce or of said Commercial Club in the manner set forth on said tickets, the numbered stub or stubs so drawn to entitle the holder of the corresponding numbered issued ticket to a valuable prize donated by said merchant; (2) a bona fide community chest welfare fund on a military post or reservation to issue numbered tickets in conjunction with voluntary contributions to said fund, the corresponding stub or stubs of one or more of said tickets to be drawn by lot under the supervision of a military commander, the stub or stubs so drawn entitling the ticket holder to a prize of some value. Provided however, that no person shall sell tickets or receive contributions to said fund off the military reservation.

 

Sorry but this won't work for you as it would be a criminal offense.

Thanks for the question.

 

Matt

 

 

The information given by me here is not legal advice. As all states have different intricacies in their laws, the advice given is general advice only. You should not and may not rely on anything on this website as legal advice and you agree that the nominal price you may voluntarily pay for information here clearly does not pay for any legal advice. I am neither establishing nor accepting an attorney-client relationship with you. You must hire an attorney in your state as a matter of law, in order to receive legal advice and attorney/client relationship and rights. I do not claim to be licensed to practice in the state where this information is being provided or whose law would apply, if any. My licensing credentials are noted in my profile, which you have full access to. As law is always changing, you are recommended to consult with the appropriate legal counsel in your jurisdiction for accurate and complete information. Thank you for your time and consideration.

Customer: replied 7 years ago.
Well, that is just a given but I actually needed someone to make the initial call for me. I was hoping for someone who would do that and, depending on the answer, I would then contact an attorney.
Expert:  Barrister replied 7 years ago.

The local District Attorney would simply quote the state law that I responded with. He would have no authority to authorize that type of activity even if he wanted to since state law always supercedes local law.

As far as contacting a local attorney, I am very confident that they would respond in the same way as they would have no legal basis for challenging the state law prohibiting this.

 

If you really want to hear it from the horse's mouth, I would suggest calling the local DA and changing the facts a little so that it does not reflect your property. The answer will be the same regardless of what type property it is.

 

Thanks.

Matt

Customer: replied 7 years ago.
All stuff I already knew, but, thanks anyway. Guess I'll just have to contact my local attorney. We'll just call this a "never mind".
Expert:  Barrister replied 7 years ago.

Sorry I couldn't be of more assistance.

 

Thanks.

Matt

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