RAFFLES ARE NOT ALLOWED ON BAND LAND
By Gaming Regulatory Authority
Over the years, the Gaming Regulatory Authority has been asked about conducting raffles on Band land for fundraising purposes. We would like to remind community members why raffles are prohibited, and provide possible legal solutions.
By definition, “gaming” requires three essential elements: consideration, chance, and a prize.
Basically, if a person pays to win a prize and the winner is de termined predominantly by chance, that person is gaming. Stan dard raffles require entrants to purchase a ticket. The winning ticket is then drawn randomly and the entrant who purchased that ticket wins the prize. All three elements of gaming exist in a standard raffle. Therefore, raffles must be considered gaming.
Raffles are considered Class III gaming and must be conduct ed in conformance with a Tribal-State compact. The Band would have to enter into a compact with the State of Minnesota to allow raffles on Band land. No such compact currently exists. Therefore, any raffle taking place on Band land violates GRA.
Title 15 permits community charitable gaming. However, Title 15 only allows two forms of charitable gaming: pull tabs and bingo. Therefore, any raffle taking place on Band land violates Band law.
POSSIBLE SOLUTIONS
Other than compacting with the state and amending Title 15, several options exist for charitable organizations seeking to raise money through a raffle.
1. Conduct the raffle entirely off Band land. IGRA and Title 15 only apply on Band land. IGRA defines Band land as all lands within the limits of the reservation and any lands held in trust. Therefore, raffles can take place out-side the Band’s reserva tion, so long as they do not occur on trust land. However, organizers would have to comply with applicable Minnesota laws. Minnesota raffle laws can be found here: https://mn.gov/gcb/ games/raffles.jsp
2. Solicit suggested donations. Organizers could remove the consideration element of gaming by taking ”suggested dona tions” instead of requiring participants to pay to play. This would require allowing people to participate without paying. Organiz ers should articulate that ”no purchase is necessary” on the sign advertising the raffle. Organizers should also limit the raffle to one ticket per person, as non-paying participants would other wise be able to take an unlimited number of tickets.
If you have any questions, please contact GRA Coordinator Ron Schulz at 320-384-4807.
More information and contact numbers can be found at https://www.millelacsband.com/government/indian-gaming-regulation. You can also LIKE us on Facebook at Mille Lacs Band GRA. GRA Board meetings are open to the public. This month’s virtual meetings are at 9 a.m. Thursday, June 6, and Thursday, June 27.