Oklahoma § 21-1051 - Lottery defined - Consideration – Organizations permitted

§ 21-1051. Lottery defined - Consideration – Organizations permitted

to issue tickets.

A. 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

Oklahoma Statutes - Title 21. Crimes and Punishments

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. The Oklahoma Lottery Commission to conduct a lottery

pursuant to the provisions of the Oklahoma Education Lottery Act;

2. 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 merchandise, the corresponding stub of

one or more of which tickets to be drawn or chosen by lot by a

representative or representatives of the Chamber of Commerce or of

the Commercial Club in the manner set forth on the tickets, the

numbered stub or stubs so drawn to entitle the holder of the

corresponding numbered issued ticket to a valuable prize donated by

the merchant;

3. A bona fide community chest welfare fund on a military post

or reservation to issue numbered tickets in conjunction with

voluntary contributions to the fund, the corresponding stub or stubs

of one or more of the 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 the fund off the military reservation;

4.

a.

A qualified organization to raise funds by issuing

numbered tickets in conjunction with voluntary

contributions to the qualified organization, the

corresponding stub or stubs of one or more of the

tickets to be drawn by lot under the supervision of an

official of the qualified organization, the stub or

stubs so drawn entitling the ticket holder to a prize.

As used in this paragraph, "qualified organization"

means:

(1) a church,

(2) a public or private school accredited by the

State Department of Education or registered by

the State Board of Education for purposes of

participating in federal programs,

(3) a student group or organization affiliated with a

public or private school qualified pursuant to

division (2) of this subparagraph,

(4) a parent-teacher association or organization

affiliated with a public or private school

qualified pursuant to division (2) of this

subparagraph,

(5) fire departments,

(6) police departments,

Oklahoma Statutes - Title 21. Crimes and Punishments

(7)

organizations that are exempt from taxation

pursuant to the provisions of subsection (c) of

Section 501 of the United States Internal Revenue

Code, as amended, 26 U.S.C., Section 501(c) et

seq., or

(8) an "organization" as such term is defined in

paragraph 20 of Section 402 of Title 3A of the

Oklahoma Statutes.

b.

Any raffle conducted by a qualified organization shall

be conducted by members of the qualified organization

without compensation to any member. The organization

shall not hire or contract with any person or business

association, corporation, partnership, limited

partnership or limited liability company to conduct a

raffle, to sell raffle tickets or to solicit

contributions in connection with a raffle on behalf of

the organization;

5. The Oklahoma Department of Wildlife Conservation to conduct

controlled, draw, lottery or raffle hunts; or

6. Savings promotion raffle accounts or programs pursuant to

Section 1 of this act.

B. If the Oklahoma Education Lottery Act ceases to have the

force and effect of law pursuant to Section 735 of Title 3A of the

Oklahoma Statutes, the provisions of paragraph 3 of subsection A of

this section shall cease to have the force and effect of law.

R.L. 1910, § 2470. Amended by Laws 1929, c. 19, p. 16, § 1; Laws

1957, p. 163, § 1; Laws 2003, c. 202, § 1; Laws 2004, c. 275, § 4;

Laws 2009, c. 2, § 3, emerg. eff. March 12, 2009; Laws 2018, c. 123,

§ 2, eff. Nov. 1, 2018; Laws 2021, c. 193, § 2, eff. Nov. 1, 2021.

NOTE: Laws 2004, c. 275, § 4 (and Laws 2003, c. 202, § 1, which it

amended) became effective upon approval by the people of Oklahoma of

State Question No. 705, House Bill Number 1278 of the 1st Regular

Session of the 49th Oklahoma Legislature (Laws 2003, c. 58, § 37),

at election held on Nov. 2, 2004.

NOTE: Laws 2003, c. 58, § 37 repealed by Laws 2009, c. 2, § 4,

emerg. eff. March 12, 2009.