Somerton--For $100 you could own a restaurant on Main Street in Somerton, Arizona.
The owners of “Taqueria El Amigo” want out of the restaurant business but they’re avoiding the hassle of a sale or becoming landlords by raffling off the business.
Traffic is light on Somerton’s main street. Its summertime and many businesses are closed for the evening. Right next to the Somerton municipal court house is the Mexican Food Restaurant “Taqueria El Amigo”.
Estimated value of “Taqueria El Amigo”? $300,000
In the restaurant’s kitchen, owners Roman and Irma Cervantes prepare carne asada tacos for the only couple dining at a table in the restaurant’s main dining area.
Roman says business is slow during the summer months but still profitable. Business picks up during the winter months when the Cervantes hire more employees.
But by the end of 2015, the Cervantes hope to be out of the restaurant business, and out of the country, where the climate is cooler and more comfortable for his wife Irma who suffers from heat hives.
"It frustrates me seeing her go through this," Cervantes said in Spanish.
But selling a $300,000 dollar business takes time. And renting it out would keep the Cervantes tied to it. So they decided to try to raffle off their business.
The person who buys the lucky $100 ticket will be the new owner of the 24-hundred square foot business that includes two dining areas, one outdoors, a kitchen and a counter area.
"This place is new and still smells like new," he said. "I would like that the winner would put a lot of effort into this place because it has a lot of potential."
The Cervantes plan to hold the raffle in December if they are able to sell 3,000 tickets. When we last talked to him, he had sold only 500.
"People need to believe this is real. This isn't a joke," he said. " We've been on TV, newspapers, Spanish radio. It's very clear. I would like for someone with just $100 to make their dream come true."
Cervantes wants to handle the money responsibly. He said he has a plan if he doesn’t sell enough tickets.
"I will return people's money," he said. " To all the people who participated, I will return their money. That's why we have all their contact information. We also have a special bank account for that money."
"That money will not be touched," he said.
But can a business owner raffle off their business?
Arizona Revised Statutes said all type of gambling is illegal unless specifically excluded from illegality.
That’s mostly reserved for non-profits. Arizona Statutes don’t define what a raffle is and no Arizona court has defined what a raffle is either.
KAWC reached out to the Arizona Department of Gaming to ask about the Cervantes’ raffle. In an email, they sent us a link to the Arizona Revised Statutes.
We reached out to the Arizona Attorney General’s Office. Their public relations department referred us to the Arizona Department of Gaming.
We reached out to experts on Arizona Gaming Laws.
They did not want to comment on the record.
Despite this legal limbo, the Cervantes continue to sell raffle tickets for the chance to own “Taqueria El Amigo”.
"I figured it's easier for someone to invest $100 than $300,000 and be a happy business owner," Cervantes said.
