Opinion No. (1999)

BILL LOCKYER Attorney General GREGORY L. GONOT Deputy Attorney General THE HONORABLE JAMES P. FOX, DISTRICT ATTORNEY, COUNTY OF SAN MATEO, has requested an opinion on the following question: May a charitable organization offer raffle tickets at $100 each or $500 for six tickets, with an automobile as the contest prize, if all prospective purchasers are told they may obtain one raffle ticket free? CONCLUSION A charitable organization may not raffle tickets at $100 each or $500 for six tickets, with an automobile as the contest prize, even if all prospective purchasers are told they may obtain one raffle ticket free. ANALYSIS The question presented for resolution concerns whether a charitable organization may conduct a raffle if it allows each participant to obtain one raffle ticket free. Would the proposal violate the terms of Penal Code section 319 , 1 which implements article IV, section 19, subdivision (a) of the California Constitution? The constitutional provision states: "The Legislature has no power to authorize lotteries and shall prohibit the sale of lottery tickets in the State." 2 Section 319 defines a lottery as follows: "A lottery is any scheme for the disposal or…