bank night

A device by which a theater provides a registration book which any person over eighteen years of age, whether a patron of the theater or not, may sign. The book is placed in the lobby or outside the doors of the theater and no charge is made for registration nor need one who does so buy a ticket to the theater. A number is given to each name. On stated occasions, the numbers representing all the names registered are placed in a container on the stage of the theater and one number is drawn. The name of the person having that registration number is announced both inside and outside the theater and on coming forward within a certain time, he receives a sum of money which the theater provides from its own funds. If the person whose number is drawn is outside the theater, he is permitted to enter and claim the award without paying the admission. If he does not come forward within the time set, the money is added to the sum to be awarded on the next bank night. Under the plan, various safeguards are imposed on the operation to insure fairness in the allotment of the money. If not a lottery, a bank night is at least a gift enterprise. But it is generally considered to be a lottery. Furst v. A. & G. Amusement Co., 128 N.J.L. 311, 25 A.2d 892, 893; Commonwealth v. Lund, 142 Pa.Super. 208, 15 A.2d 839, 846