[Effective 7/1/2024]

(a) Except as otherwise provided in § 3-17-103(a)(1), all annual event applications shall be submitted to the secretary from July 1 to January 31 for the annual event period beginning July 1 following the close of the application period and ending June 30 of the subsequent calendar year.
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Terms Used In Tennessee Code 3-17-104 v2

  • Annual event: means an event:
    (A) Authorized by two-thirds (2/3) vote of all members elected to each house of the general assembly. See Tennessee Code 3-17-102
  • Annual event application: means the application made to the secretary of state to operate an annual event. See Tennessee Code 3-17-102
  • Code: includes the Tennessee Code and all amendments and revisions to the code and all additions and supplements to the code. See Tennessee Code 1-3-105
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Nonprofit organization: means :
    (A) A 501(c)(3) organization that is exempt from federal income taxation under §. See Tennessee Code 3-17-102
  • Person: means any individual, organization, trust, foundation, group, association, partnership, limited liability company, corporation, society, or any combination of them, or any other entity. See Tennessee Code 3-17-102
  • Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in a perceivable form. See Tennessee Code 1-3-105
  • Secretary: means the secretary of state or the secretary of state's authorized representative. See Tennessee Code 3-17-102
  • signed: includes a mark, the name being written near the mark and witnessed, or any other symbol or methodology executed or adopted by a party with intention to authenticate a writing or record, regardless of being witnessed. See Tennessee Code 1-3-105
  • State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
  • Trustee: A person or institution holding and administering property in trust.
  • Type of lottery game: means a game of chance played by a person eighteen (18) years of age or older, including bingo, raffles, reverse raffles, cakewalks and cakewheels, but expressly prohibiting pulltabs, punchboards, instant bingo, video lottery, instant and online lottery games of a type operated by the Tennessee education lottery corporation, keno and games of chance associated with casinos including, but not limited to, slot machines, roulette wheels, and the like. See Tennessee Code 3-17-102
  • Year: means a calendar year, unless otherwise expressed. See Tennessee Code 1-3-105
(b) The secretary of state may prescribe and furnish forms and filing methods for all filings required by this part.
(c)

(1) An initial application fee of fifty dollars ($50.00) must be paid at the time of submission of an annual event application. An annual event application must not be accepted by the secretary unless accompanied by the initial application fee.
(2) The secretary shall collect a reasonable fee for annual event applications. The secretary may establish a fee schedule for annual event applications based on the gross revenue of the annual event. No fee shall exceed seven hundred dollars ($700). Funds collected under this chapter shall be used by the secretary to defray the cost of operating the division of the department of state administering this chapter, including, but not limited to, conducting investigations pursuant to § 3-17-113.
(3) Annual event application fees are nonrefundable.
(4) Notwithstanding subdivision (c)(1), for the period of July 1, 2024, through January 31, 2025, the initial application fee referenced in subdivision (c)(1) is ten dollars ($10.00) rather than fifty dollars ($50.00).
(5) Notwithstanding subdivision (c)(2), for the period of July 1, 2024, through June 30, 2025, the fee referenced in subdivision (c)(2) is ten dollars ($10.00) rather than the fees established in subdivision (c)(2) and by rule promulgated by the secretary of state.
(d) All annual event applications must be signed by the nonprofit organization‘s chair, president, or chief administrative officer, and the preparer of the application. Such persons shall certify that the information contained in the annual event application is true and accurate.
(e) A nonprofit organization filing an annual event application shall submit, on a form prescribed by the secretary, the following information:

(1) The name, mailing address and physical address of the nonprofit organization. If the organization has multiple chapters or affiliates in Tennessee operating under the same tax exemption, the organization shall submit the physical addresses and mailing addresses of such multiple locations; provided that, for the purposes of this chapter, a post office box, or similar address at a mail or package delivery service, shall not be considered a physical address. If the principal office of the nonprofit organization is outside Tennessee, the organization shall submit the physical address and mailing address of such principal location;
(2) The name of the event;
(3) The date of the event;
(4) The location of the event;
(5) A description of the type of lottery game to be conducted. Such description shall include the estimated number of tickets, shares, chances or other similar records to be offered and the actual dollar amount at which a ticket, share, chance or other similar record shall be sold; provided that, if tickets, shares, chances or other similar records are to be sold at different value levels or tiers, then the actual dollar amounts and structure of such value levels or tiers;
(6) A description of the charitable use of the proceeds from the event;
(7) The name and telephone number of a contact person for the event;
(8) A copy of the organization’s determination letter from the internal revenue service showing that the organization is exempt from federal income taxation under § 501(a) of the Internal Revenue Code as an organization described in § 501(c)(3) or § 501(c)(19) of the Internal Revenue Code;
(9)

(A) A copy of the nonprofit organization’s last annual report, Form 990, filed with the internal revenue service and any attached schedules for the organization’s tax year ending immediately preceding the annual event application;
(B) If the organization has not filed an annual report with the internal revenue service for the organization’s tax year ending immediately preceding the annual event application, the organization shall submit a signed statement on a form prescribed by the secretary of state from the nonprofit organization’s chair, president or administrative officer affirming that the organization has not filed an annual report and shall begin to file annual reports as required by this chapter; provided, that the organization may submit this statement only one (1) time;
(C) An organization shall not be required to comply with this subdivision (e)(9) if it is not required to file a Form 990 with the internal revenue service; provided, that the organization submits proof of such determination by the internal revenue service;
(10) The names and addresses of any officers, directors, trustees, and the principal salaried executive staff officer of the nonprofit organization;
(11) A statement that the organization has been in continuous and active existence as a nonprofit organization located in Tennessee as defined by § 3-17-102;
(12) A statement that no officer, director, trustee, or the principal salaried executive staff officer of the nonprofit organization has been convicted of a violation of § 39-14-103, § 39-14-104, § 39-14-105, § 39-16-702, § 39-16-703, title 39, chapter 17, parts 5 or 6, or a similar offense in another jurisdiction; and
(13) A statement that the board, or functional equivalent, of the nonprofit organization has approved the filing of an annual event application and intends to operate an annual event if authorized by the general assembly.
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