The short answer
Selling tickets for a prize drawing is a lottery, so a nonprofit needs an express state exemption or license before it can run one. Apply through the agency your state assigns, which may be the gaming commission, the attorney general, the lottery, or the county clerk, and file before tickets go on sale.
Does my organization need a license at all?
Almost certainly, if money changes hands for a chance at a prize. Selling tickets for a drawing supplies all three elements of a lottery: prize, chance, and consideration. Private lotteries are unlawful in nearly every state, and the charitable purpose does not create an exception by itself. The exception has to be written into the state's law and claimed through its process.
Which agency runs that process varies more than anything else in this area. Depending on the state it may be the gaming commission, the attorney general's charitable division, the state lottery, the department of revenue, a county clerk, or a combination where the state licenses the organization and the county licenses the event.
A few states allow small raffles without a license below a proceeds threshold, and a few prohibit charitable gaming outright. Because the framing differs so widely, the only reliable first step is to search your state's own name alongside the words charitable gaming and read the agency page you land on rather than a template borrowed from another state.
Which organizations qualify to run charitable games?
Statutes typically list eligible categories rather than accepting any nonprofit. Religious, educational, veterans, fraternal, volunteer fire and rescue, and charitable organizations are the usual list, and a booster club or parent association often qualifies through the school.
Two conditions catch new organizations. Most states impose a minimum period of continuous existence and active operation before an application will be considered, which is designed to stop a group forming solely to run games. Many also require that the organization already be registered as a charity with the state, which is a separate filing from the gaming permit.
- Eligible category — the organization fits a type named in the statute.
- Minimum operating period — often measured in years of continuous activity.
- Charitable registration — a separate state filing that usually must be current.
- Good standing — no revoked license, unresolved audit, or delinquent report.
- Local approval — some counties and municipalities require their own permit as well.
Federal recognition as a tax-exempt organization is not the same as state eligibility. A group can hold an exemption letter and still be ineligible to run a raffle in its own state, and the reverse also happens.
What does the permit application involve?
Expect to name the event, the location, the games, the prize structure, and the person responsible. Applications ask for the organization's governing documents, its charitable registration number, the intended use of proceeds, and identification for the officer who will supervise. Some states require the venue to hold its own license, which matters when using a rented hall.
File early. Processing takes weeks in many states, and several prohibit advertising or selling a single ticket before the permit is issued. Fees are set by the agency and change, so the amount is on the application page rather than something to budget from memory.
| Activity | Common permit posture | Frequent extra condition |
|---|---|---|
| Raffle or 50/50 drawing | License or registration, sometimes waived below a threshold | Ticket must show price, prize, and drawing details |
| Bingo | Usually licensed, often with a session limit | Caps on prizes per session and per occasion |
| Casino or Monte Carlo night | Separate license; prohibited in some states | Chips redeemable only for prizes, not cash |
| Pull-tabs | Licensed, with tickets bought from approved suppliers | Serial tracking and deal reconciliation |
Who may run the game and can anyone be paid?
Members and volunteers, in most states. The recurring rule is that the games must be conducted by people connected to the organization, unpaid for that work, and that no outside promoter may take a cut of the proceeds. States wrote it that way because paid promoters were the mechanism by which charitable gaming exemptions were historically abused.
There are narrow allowances. Some states permit a licensed supplier to lease equipment at a fixed rate rather than a share, and some permit a paid bingo caller or hall manager within limits. A vendor whose fee rises with the take is the arrangement most likely to void the permit.
Naming one accountable person helps more than any policy. States generally require a designated member in charge who signs the reports and answers to the agency, and that person should be the one holding the ticket log, the deposit slips, and the prize receipts. Splitting those duties across several well-meaning volunteers is how reconciliations fail even when nothing improper happened.
Age rules apply to workers as well as players. Minors generally may not conduct games and often may not play, which is worth confirming before a school event assigns students to sell tickets. The wider consequences of age failures in gaming are set out in the explanation of what happens when a minor gambles.
How must the money be handled and reported?
Through a dedicated account, with records that reconcile. Most states require gaming receipts to be deposited into a separate bank account, expenses to be paid from that account, and net proceeds to be transferred to the charitable purpose stated in the application. Cash boxes and personal accounts are how organizations lose their licenses.
Expense limits are common. States cap the percentage of gross receipts that may be spent on prizes, rent, supplies, and advertising, and require a minimum share to reach the charitable purpose. Post-event reports are usually mandatory even for a single small raffle, with ticket stubs, unsold tickets, and prize receipts retained for a set period.
Retain ticket stubs, unsold ticket stock, the drawing witness statement, and every prize receipt. An audit that cannot reconcile tickets sold against money deposited usually ends with the license suspended, whatever the intent was.
What are the federal tax duties?
Separate from the state permit and easy to overlook. Gaming income can be unrelated business income for an exempt organization, though volunteer-conducted bingo and games run substantially by volunteers often fall within exceptions. Gaming activity is also disclosed on the organization's annual information return.
The organization also has duties toward the winner. Above thresholds set by the IRS, a prize must be reported on an information return, and larger prizes may require tax to be withheld before the prize is handed over, including a special calculation when the organization pays the tax on a noncash prize. Those figures move, so read the current instructions on the form's own page rather than relying on a number someone remembers.
Collect the winner's identifying details before the prize leaves the room. If several people claim a single prize, the shared-winnings statement exists for exactly that. And a raffle ticket is not a deductible charitable contribution to the buyer, which is worth saying on the ticket to avoid an awkward conversation.
What goes wrong most often?
Selling before the permit issues. Advertising a drawing on social media reaches people in states where the ticket may not lawfully be sold, and it starts sales in the eyes of most agencies. Hold the announcement until the license is in hand and confine sales to where the permit reaches.
The second recurring failure is treating a casino night as a party rather than a licensed activity. Several states prohibit them entirely; others allow them only where chips convert to prizes rather than cash. Running a cash game under a raffle permit is a different offense from running it under no permit at all, and neither ends well.
The third is drifting into commercial territory: an outside operator supplying dealers for a share, a prize funded by a sponsor with strings attached, or proceeds used for general operating costs when the application named a specific purpose. If the design starts resembling a business rather than a fundraiser, compare it against the boundary drawn in the discussion of what separates a lawful promotion from an unlawful lottery, and against the licensing standards described in how regulated gaming venues are supervised.
What to remember
- A raffle without a permit is an unlicensed lottery, even when every dollar goes to a good cause.
- Eligibility usually requires the organization to have existed for a minimum period before it may apply.
- Most states require volunteers rather than paid staff to conduct the game itself.
- Net proceeds must go to the stated charitable purpose, and expense caps limit what the event may spend.
- Federal tax duties run in parallel with the state permit, including winner identification and prize reporting.
Other questions people ask
Can we sell raffle tickets online or across state lines?
Usually not without specific authority. Many charitable gaming statutes require tickets to be sold in person within the state, and federal law restricts carrying lottery material across state lines and through the mail. Some states have authorized online raffle sales under conditions. Check before advertising to anyone outside your jurisdiction.
Do we have to award the prize if we sell fewer tickets than expected?
Yes, unless the printed rules said otherwise before sales began. Most states require the advertised prize to be awarded as described, and treat a substitution or cancellation as a violation unless the possibility and the alternative were disclosed in advance on the ticket and in the rules.
Is a 50/50 drawing treated differently from a fixed-prize raffle?
It is still a raffle, but the prize is a share of ticket sales rather than a set amount. Some states regulate it separately, cap the number held per event, or require a stated maximum. The winner's share is still a reportable prize, and the organization still needs whatever permission its state requires.
Where this comes from
- IRS — Charities and NonprofitsExempt organization obligations, including gaming activity and unrelated business income.
- IRS — About Form W-2G, Certain Gambling WinningsCarries the current reporting and withholding thresholds for prizes.
- IRS — About Form 5754, Statement by Person(s) Receiving Gambling WinningsUsed when a prize is shared among several winners.
- IRS — About Form 990, Return of Organization Exempt From Income TaxWhere gaming revenue and expenses are disclosed.
- New York State Gaming CommissionCharitable gaming licensing for bingo and games of chance.
- Ohio Attorney GeneralCharitable registration and charitable gaming oversight.
- Michigan Gaming Control BoardCharitable gaming licenses for raffles, bingo, and millionaire parties.
Clear Justice is a publication, not a law firm. Reading this creates no attorney–client relationship, and nothing here is advice about your situation. Rules change and many of them differ by state — check the official source above or speak to a licensed attorney before you act.