1979-16,i ,
f '
Bill 1979-16
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A_n~EPdDMENT TO CHAPTER V, PART II,
SECTION 5.19 AND APPENDIX D OF
THE ORDINANCE CODE OF THE CITY
OF RICHFIELD
CITY OF RICHFIELD DOES ORDAIN:
A. Chapter V, Part II, Section 5.19 of the Ordinance Code of the
City of Richfield dealing with the licensing and regulation
of certain types of amusement and recreation is hereby
amended to read as follows:
"5.19 BINGO, GAb~1BLING DEVICES AND RAFFLES
Subdivision 1. Definitions.
(1) The following terms shall have the meanings given to them
by Minnesota-Statutes, [1976]1978, Sections 34.9.12 and 349.26:
[(1)] (a) Active member •
[(2)] (b) Bingo
[(3)1 (c) Bingo occasion
[(4)] (d) Checker
[(5)] (e) Lawful purpose
[(6)] (f) Organization
L(7)1 (q) Profit
[(8)] (h) Bingo manager
(i) Gambling devices
(j) Paddle wheel
(k) Tipboard
(1) Raffle
(2) As used in this section, the term "gambl_ing" shall refer and
be limited to the operation of paddle wheels tipboards and the conduct
of raffles.
(3) As used in this section, the term "gammbling occasion" means a
single gathering or session at which gambling is conducted.
Subdivision 2. License Required. Any organization authorized to
apply for [a] bingo or gambling licenses pursuant to Minnesota
Statutes, [1976] 1978, Chapter 349, shall apply to the City Clerk for
a license before conducting [the game of bingo] any such activity,
within the city. [Bingo] No such activity ma_y [not] be conducted
until the proper license is issued.
Subdivision 3. Application. Application shall be made on forms
prepared for that purpose by the City Clerk. Separate application
shall be made for bingo and gambling licenses.• Applications shall be
verified by a duly appointed officer of the organization and by the
person designated by the organization as bingo or gambling manager.
Applications shall state the dates for which permission to [play
the game] conduct the activity is requested and the place where
the [games] activities will be [played] conducted. The application
shall contain an agreement on the part of the applicant that if the
license applied for is granted, the licensee will save the city and
its officers, agents and employees harmless against any claims or
actions and the cost of defending the same arising out of or by
reason of the granting of the license or the conduct of any of the
activities authorized by the license. The City Clerk may require
additional information on the application for the purpose of carry-
ing out the provisions of this section. 21o application for a
gambling license may be submitted until the effective date of this
section. ,_
Subdivision 4. Change in Organization Officers. If during the
period for which jthe] a license is issued there is a change in the
officers of the organization, or in the person designated to act as
bingo or gambling manager, a new application disclosing such change
must be made and filed with the city clerk.
Subdivision 5. License~Fee and License Year. The annual
license fee for bingo licenses and for gambling license shall be as
provided in Appendix D of this Code. The [annual] license year in
the case of both types of licenses shall run from January 1 [to]
through December 31 of the year.
Subdivision 6. Bond.
(1) Except as provided in subdivision 17 of this section jA]
at the time of filing the application, the designated bingo or gambling
manager shall file with the City Clerk a fidelity bond with corporate
surety duly licensed to do business in the State of Minnesota. Such
bond shall be in the amount of $10,000 for each bingo license requested
and $10,000 for each gambling license requested even though the same
individual may be designated by the organization as its bingo and
gambling manager. Such bonds shall be subject to approval by the
city attorney as to form and e~:ecution. Such bonds shall run in
favor of the organization conducting the [bingo] activity and be
conditioned as follows:
(a) The designated bingo or gambling manager will obey all
ordinances and statutes relating to the licensed activity.
(b) The designated bingo or gambling manager shall fully and
faithfully perform his duties.
(c) The bond may not be cancelled for any reason without the
written consent of the city and then only after [at least] 30 days
written notice of intention to cancel the bond.
(2) The city council may upon unanimous vote waive the bonding
requirement. If waived, the license shall state that it is issued
with a waiver of [surety] fidelity bond.
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,° (3) Should there be [any] a change in the designated bingo
or gambling manager during the license year, the new [bingo]
~~ manager shall, before assuming his duties, comply with all of
the bond requirements of this subdivision.
Subdivision 7. Approval and Issuance of License. The
application shall be referred to [the Police and Fire Divisions of]
the Public Safety Department[, to the inspection division of the
Public Works Department] and to such other persons or departments
as the city manager shall deem appropriate for investigating and
recommendations. The application shall thereupon be returned to
the city manager who shall note his own recommendations and
comments thereon. The application shall be then presented to the
council for final approval or denial. The council may not act on
the application until at least 30 days after it has been submitted
in completed form; and must act within 180 days of submission.
Subdivision '8. Conditions Governing Issuance. The following
conditions govern the issuance of licenses pursuant to this section:
(1) No license shall be issued to an organization whose desig-
nated manager, or any organization officer, has been convicted by
any court of competent jurisdiction of any offense which relates to
the competency of the designated manager or the organization to
perform the licensed activity.
(2) Licenses shall be issued only upon applications which are
complete in every respect and have been accompanied by the payment
of the annual license fee and filing of the bingo or gambling
manager's [surety] fidelity bond.
(3) No license shall be issued to any organization unless such
organization has existed in the city for at least three years prior
to the date of application. [This restriction shall not apply if
the organization making application is, or is a subsidiary of, any
religious, charitable or fraternal organization of national or
statewide jurisdiction which has been in existence for at least
three years.]
(4) No license shall be issued to any organization which does
not have, on the date of application, at least 30 active members.
(5) No license shall be issued to any organization whose desig-
nated bingo or gambling manager is not a member in good standing
of the organization and who has not been a member for at least two
years prior to the date on which application is made.
(6) No organization may be licensed to conduct bingo or
gambling on any leased premises without a written lease for a term
at least equal to the term of the [bingo] license sought and in no
event for a term extending less than six months from the date the
license is issued. In the case of bingo, lease payments shall be
at a fixed monthly rate or rate per bingo occasion, not subject
to change during the term of the lease. No such lease shall pro-
vide that rental payments be based on a percentage of receipts or
projects from bingo occasions.
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~`~ Subdivision 9. Conditions Governing Conduct of Bingo and
• Gambling. _
(1) The bingo manager shall not be the bingo manager for any
other organization. The gambling manager shall not be the gambling
manager for any-other organization. One person may simultaneously
serve as the bingo manager and the gambling manager for the same
organization.
(2) No compensation shall be paid to any person in connection
with [a] bingo or gambling [occasion] activities except that in the
case of bingo, an active member of the organization, or its
auxiliary, or the spouse or surviving spouse of an active member,
conducting the bingo occasion. In the case of bingo only,
a [nor shall any] person not ari active member of the organization
or its auxiliaryy, or the spouse or surviving spouse of an active
member may participate in the conduct of a bingo occasion [, except]
by resolution of a majority of the membership recorded in the
approval minutes of the organization. Non-management assistants
who are not active members of the organization, or the spouse or
surviving spouse of an active member, may be hired to assist
members in conducting the bingo occasion. Compensation shall not
exceed $12.00 per bingo occasion.
~r
(3) Unless the city council shall so provide in the license,
no more than 104 bingo or gambling occasions each year or two
bingo or gambling occasions per week may be conducted by the
organization. No bingo or gambling occasion shall continue for
more than four consecutive hours.
(4) Any person or corporation, other than an organization, which
leases any premises that it owns to two or more organizations for
purposes including the conduct of bingo occasions, shall not allow
more than four bingo or gambling occasions to be conducted on the
premises in any week.
(5) Any organization which leases any premises to one or more
other organizations for purposes including the conduct of bingo
occasions shall use the proceeds to the rental, less reasonable
sums for maintenance, furnishings and other necessary expenses,
only for lawful purposes as defined in Minnesota Statutes, [1976]
1978, Section 349.12. At the end of each license year the
organization shall report to the City Clerk. the disposition of all
receipts which it has received during the license period from the
rental on its facilities to other organizations for purposes
including the conduct of bingo occasions.
(6) Prizes for a single
except for prizes for a game
"cover-all" game which shall
The aggregate of prizes for
$2,500.00, except that when
all" game, the aggregate of
Merchandise prizes shall be
bingo game shall not exceed $100.00
of the type commonly known as a
in aggregate value not exceed $500.00.
a bingo occasion shall not exceed
the bingo occasion includes a "cover-
prizes shall not exceed $3,000.00.
valued at fair market retail value.
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>` (7) Total prizes from the operation of paddle wheels and_
tipboards awarded in a single day in which they are operated
shall not exceed $500.00. Total prizes resulting from any single
spin of a paddle wheel or from a single tipboard shall not exceed
$100.00.. The total prizes awarded for both paddle wheel and tip-
board by any organization shall not exceed $15,000 per license
year.
• [7] (8) No expense shall be incurred or amounts paid in con--
. nection with the conduct of bingo, except those reasonably expended
for bingo supplies and equipment, prizes, rent or utilities used
during the bingo occasion, bingo license fees, taxes related to
bingo and compensation- to active members who conduct the game.
(9) No expense shall be incurred or amounts paid in connection
with licensed gambling activities except those reasonably expended
for prizes, local licensing fees, taxes and maintenance casts for
the gambling deices.
[8] (10) Each bingo or gambling winner shall be determined and
every prize shall be awarded and delivered the same day on which
the bingo [occasion) or gambling activity is conducted, except
that raffle vainners not present for the drawing may be delivered
their prizes at a later date. "
[9] (11) All bingo or gambling activities [occasions] shall be
under the direct supervision of the designated bingo or gambling
manager who shall be responsible for gross receipts and profits.
from bingo or gambling and for the conduct of the bingo or gambling
activity [occasion] in compliance with all applicable statutes and
ordinances.
~[10] (12) Bingo or gambling shall not be conducted on dates or
at places other than those dates and places enumerated in the
application.
[ll] (13) Bingo and gambling may only be [played] conducted
only in the hall where regular meetings of the organization are
held unless otherwise permitted by the council[.]; provided that
tipboards are permitted in areas where the licensee regularly sells
food and beverages. Tickets for raffles conducted in accordance
with this section may be sold off the premises, but may not be sold
in residential districts of the city[.] without prior approval of
the city council.
[12] (14) Bingo and gambling may [shall] not be played by any
person under 18 years of age unless accompanied by his parent or
legal guardian.
Subdivision 10. Recording Players and Receipts-Bingo. One or
more checkers shall be engaged for each bingo occasion.- The checker
or checkers shall record the numbers of cards played in each game
prior to the completion of each game and record the prizes awarded
to the recorded cards. Each checker shall certify all figures
which he has recorded as accurate and correct to the best of his
knowledge. This record shall be kept on file by the association
within the city and shall be open to inspection by city police
officers.
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Subdivision 11. Records. Each organization shall keep
records of its gross receipts, expenses and profits for each
[bingo] single gathering or occasion. Gross receipts shall be
compared to the checker's records for the bingo occasion by a
person who did not sell cards for the bingo occasion. All
deductions from gross receipts [fer a bingo occasion] shall be
documented with receipts or other records indicating the amount,
a description of the purchased item or service or other reason
for the deduction and the name of the recipient. The distribu-
tion of profits shall be itemized as to payee, amount, and. date
of payment.
(Bingo] Gross receipts from each activity required to be
licensed under this section shall be segregated from other
revenues, including other activities licensed hereunder, and
placed in a separate account. Each organization shall maintain
separate records,of [its bingo] each licensed operation[s]. The
person who accounts for [bingo]-gross receipts, expenses and
profits shall not be the same person who accounts for other
revenues of the organization. Records required to be kept by
this section and by Minnesota Statutes [1976], 1978, Chapter. 349
shall be preserved for at least three years. Licensees shall
make their bingo and gambling records available~to the [police]
public safety department at any reasonable time and after proper
notice.
Subdivision 12. Reports and Applications.
(1) If any discrepancy is found between the amount of gross <
receipts for a bingo occasion as determined by the checker's
records and the amount of gross receipts as determined by totaling
the cash receipts and the discrepancy exceeds $20.00, the
discrepancy shall be reported to .the City Clerk within five
days of its discovery.
(2) An organization shall report monthly to its membership
gross receipts [from bingo], its expenses, its profits [from
bingo] from the licensed activity and the distribution of these
profits itemized as required by subdivision Il of this section
and Minnesota Statutes 1978, Sections 349.17 and 349.26. Copies
of all such reports shall be furnished monthly to the City Clerk.
(3) At least 30 days prior to conducting its first (bingo
occasion) licensed activity of the license year, an organization
shall file with the City Clerk copies of the following:
(a) Department of Treasury, Internal Revenue Service,
"Return of Organization Exempt from Income Tax", Form 990, or a
comparable form if the organization is required to file the form
with the Department of the Treasury;
(b) Department of Treasury, Internal Revenue Service,"Exempt
Organization Business Income Tax", Form 990-T, or a comparable
form if the organization is required to file the form with the ~
Department of the Treasury;
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(c) The annual report required of charitable organizations by
Minnesota Statutes, [1974] 1978, Section 309.53,.provided that the
organization that conducts [bingo] licensed activities but is
exempt from submitting this report to the Department of Commerce
under Section 309.53, Subdivision 1.a, shall nevertheless submit
such a report under this subdivision;
(d} The Minnesota Department of Commerce
Operations". All information contained in th~
true, correct and complete to the best of the
person or persons signing the statement. Any
knowingly make a false statement or knowingly
fact in the statement shall be subject to the
in subdivision 14 of this section.
"Statement of Bingo
statement shall be
knowledge of. the
person who shall
conceal a material
penalties provided
(e) Any lease agreements required by this [ordinance) section
executed by the organization in regard to premises leased for the
conduct of [bingo] the licensed activity.
Subdivision 13. Revocation or Suspension of License. The
license may be revoked or suspended by the city manager whenever
the licensee, its owners, directors, bingo manager, gamblinq
manager, or employees or agents have engaged in any of the follow-
ing conduct:
(1) Fraud, deception or misrepresentation in connection with
the securing of a license.
(2) Conduct inimical to the interests of public health,
safety, welfare or morals.
(3) Conduct involving moral turpitude.
(4) Conviction for an offense involving moral turpitude or
relating to the conduct of the licensed activity.
(5) Failure to promptly comply with any of the requirements
of this [ordinance] section or state laws relating to bingo or
gambling. ~`
(6) Engaging in activity, action or change which would have
disqualified the licensee from obtaining a license.
The matter shall then proceed as provided in Richfield Ordinance
Code Section 5.14 Subdivision 4.
Subdivision 14. Penalty. Any alleged violation of the pro-
visions of this section which shall also constitute a violation
of the provisions of Minnesota Statutes, [1976], 1978 Chapter 349
shall first be presented to the office of the Hennepin County
Attorney for prosecution of a gross misdemeanor. In any instance
where the county attorney shall decline, for ariy reason, to
prosecute the alleged violation, and in all other cases involving
alleged violations of this section the matter shall be presented
to the city attorney for prosecution as a misdemeanor.
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Subdivision 15. Existing Licenses. All licenses heretofore
issued for the conduct of bingo shall continue unless revoked or
suspended until-the end of the current license year. [terminate
upon the effective date of this ordinance. Any organization
whose license is terminated must cease conducting bingo not later
than twenty days thereafter unless within that period it makes
application as above provided. If application is made, the
organization may continue to conduct bingo until the council shall
act upon the application and thereafter if a license is granted.]
Subdivision 16. Exemptions - Bingo. In lieu of obtaining the
annual bingo license as provided in this section, daily permits
may be issued, covering the conduct of bingo if conducted.
s
(1) In connection with a county fair conducted by a county
agricultural society or association, the state fair conducted by
the state agricultural society, or a civic celebration recognized
by resolution or other similar action by the city council provided
that bingo is not conducted more than twelve days in any one
calendar year.
(2) By an organization which conducts less than five bingo
occasions in any calendar year. Application for daily permits
shall be on forms prepared for the City Clerk for that purpose.
Applications shall be presented to the council for its approval.
The daily permit fee shall be as provided in Appendix D of this
Code and the city council may waive all or part of the fee. The
council may also place such conditions and restrictions upon the
daily permit as it shall deem necessary.
Subdivision 17. Bond -- License Fee Reduction - Gambling.
(1) The fee established in subdivision 5 of this section
shall not apply_ to gambling license applications involving less
than five single occasions during the license year. In such
instances, the fee shall be as provided in Appendix D of this code
and the city council may waive all or part of the daily permit fee.
(2) At the time of filing an application for a license to
conduct less than 5 single gambling occasions during the license
year, the designated gambling manager shall file with the city clerk
a fidelity bond in the amount of $10,000. Such bond shall run in
favor of the organization conducting the activity and be conditioned •~
as described in subdivision 6 of this section. The bond may, at
the option of the licensee, be with corporate surety as required in
subdivision 6 or with a personal surety who is a person of good
credit and a property owner in the city. The bond shall be subject
to approval by the city attorney.
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C
B. Appendix D of the Ordinance Code of the. City of Richfield estab-
lishing fees for various licensed activities is hereby amended
by amending Section 5, paragraph 3 thereof to read as follows:
Type of Permit Section Fee -
of License Requiring Schedule Fee
(3) Bingo and Gambling 5..19
a. Daily permit.
Bingo and Gambling,
each type l day $ 30.00/day
b. Annual license-Bingo [.1 year] Calendar year $200.00
s
c. Annual license-
Ti~board Calendar year $200.00
d. Annual license-
Paddle wheel Calendar dear $200.00
e, Annual license-
Raffle Calendar year $200.00
f. Annual licenses. If the licensee is granted a license for
any two gambling activities otizer than Bingo (i.e. tipboard,
paddle wheel or raffle),, the license fee shall be $300 and
if the licensee receives an annual license for all three
types of gambling, the license fee shall be $400."
Passed by the City Council of the City of Richfield, P~Tinnesota, this
24th day of September
ATTEST:
City erk
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Loden L. Law ~ ~~ ~ ~ I•~ayor
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Bloomington, Minnesota
lg all times here stated has been the
1 and has full knowledge of the facts
h language in newspaper format and
0 square inches. (2) Said newspaper
~spaper has 50% of its news columns
ports to serve and does not wholly
:s, plate matter and advertisements.
h it purports to serve, has at least 500
fat least 75% of its total circulation
•y as second-class matter in its local
in the County of Hennepin and it has
:ablished and open during its regular
nts and sale of subscriptions and
is in its employ and subject to his
~ted exclusively during such regular
ewspaper files a copy of each issue
)er is made available at single or
other unincorporated association
aid newspaper has complied with all
of publication mentioned below. (9)
i prior to January 1, 1966 and each
ecretary of State and signed by the
lblic stating that the newspaper is a
a'~g-~ 6
aid newspaper, and was printed
eek, for OriC successive weeks;
of October 19 79
to and including
that the following is a printed copy
acknowledged as being the size and
to wit:
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,f October 19 79
(Oft is ial Puhlica UOn)
Bill 197gg-16 ~'
AMENDMENT TO CHAPTER V, PART II, SECTION 5.19 A1~TD APPENDI~D OF THE ORDINANCE CODE OF' THE
C[ OF RICHFIELD -'
CI Y OF.RICHFIELD DOES ORDAIN:
A.=~Chap$er~4,,Part 11, Section 5.19 of the Ordinance Code of-the City of Richfield dealing with the licensing ani
~. f.}egulatiob of certain types of amusement and recreation is hereby amended to readas tollows:
"i5.19B1NG0, GAMBLING DEVICES AND RAFFLES,
Subdivision 1. Definitions.
(l) The following termsshall have the meanings given to thembr• Minnesota Statutes. [1976]1978. Sections.349.L'
and 349.26:
[(1)] (a.).~etivemember
[(2)] (b) BIB o _
[(3)] (c)Bin'~''occasion
[(4)] (d) Checker
[(5)] (e) Laa~y'fulpurpose
((8)] (h) -BFh$6 ix~anager
(i) Gambling devices
(j) Parfdle wheel /
(k)Tfjt(jaard
(q RaFgle.:;.
(2) As ~useU''in this section, the term "gambling" shall refer and be limited to the operation of paddle wheels
tipboards and the conduct of raffles.
(3) As used in this section, the term "gambling occasion" means a single'gatherinq or session al which gambling i~.
conducted.
Subdivisjot] 2.LicensrRequired. Any prganization authorized to apply for [a] bingo or gambling licenses pursuan
to Minnesota' Statutes, [1976] 1978, Chapter 349, shall apply to the City Clerk for u license before conducting [the game
Of bingo] any such activity, within 4he city. [Bingo] No such activity may [not] be conducted until the proper license i.
issued. i
Subdivision 3: Application. Application shall be made on forms prepared for that purpose by the City Clerk
Separate applicatiop shall be made for bingo and gambling licenses. Applications shall be verified by a duly uppointci
officer of the' organization and by the person designated by the organization as bingo or gambling manager
Applications shall state the dates For which permission to [play the game] conduct the activity is requested and the
.place where [he{games] activities will be [played] conducted. The application shall contain an agreement on the par
of the applic~ni~thaf if the license applied [or is granted, the licensee will save the city and its officers, agents am
employees harmless against any claims or actions and the cost of defending the same arising out of or by reason of the
ranting of the Iicenseor the conductof any of the activities authorized by the license. The City Clerk may regain
additional information on the application [or the purpose of currying out the provisions of this section. No applicatioi
for a gambling litense may be submitted until the effective date of this section.
' Subdivision~•Change in Organiialion Officers. If during the. period for which. [the] a~ license is issued there is;
change in the officers of the organization, or in the person designated to act as,bingo or gambling manager, a net
application disctosiAg such change must tie made and tiled with the city clerk.
Subdfvision5: License Fee and License Year. The annual license fee [or bingo licenses and for gambling livens
shall be as pcodided in Appendix D of this Code. The [annual] license year in the case of both types of licenses shall ru.
from January 1 [;tA] through December 31 of the year.
Subdivision §;;,Bond.
' (1) Except a9provided in subdivision 17 of this section [A] al the time of tiling the application, the designated bing
or gambling mat$ager shall file with the City Clerk a fidelity'6ond with corporate surety duly licensed to do business i
Elie State of MlnneSOtB. Such bond shall be in the amount of $10,000 for each bingo license requested and $10,000 for eac
gambling license. requested even though the same individual may be designated by the organization as its bingo an
gambling manager. Such bonds shall be subject to approval by the city attorney as to form and exeoution. Such bond
shall run in favor of the organization conducting the [bingo] activity and be conditioned as follows:
(a) The designated bingo or gambling manager will obey all ordinances and statutes relating to the license
activity.
(b) The deSignailed bingo or gambling manager s~iall fully and faithfully perform his duties.
(c) The bogrf may no! be cancelled [or any reason without the written consent of the city and [hen only after [t
least] 30 days~writted notice of intention to cancel the bond.
(2) The efty council may upon unanimous vote waive the bonding requirement. If waived, the license shall slat
t}iat i[ is issued with a waiver of [surety] fidelity bond.
(3) Should there be [any] a change m the designated bingo or gambling manager during the license year, the ne~
bingo manager shall, before assuming his duties, comply with all of the bond requirements of this subdivision.
Subdivision 7. Approval and Issuance of License. The application shall be referred to [the Police and Fir
divisions ofJ the Public Safety.Departrrtent[, to the inpention dives+on of the Public Works Department] and to sac
other perso$si departments as the city manager shall deem appropriate for investigating and recommendation
the appli~5 'shall` thereupon be returned to the city manager who shall note his own recommendatiotis an
Gommeat8• _ neon. The application shall be then presented to the council for final approval or denial. The council ma
got ac apjlication until at least 30 days after i[ has been submitted in completed form; and must act within 1£
days o isston.
Subdivision 8. Conditions Governing Issuance. The following conditions govern the issuance o[ licenses pursuant I
this section:
(1) Noiicense shall be issued to an organization whose designated manager, or any organization officer, has bee
eonvicted,gy' any court o[ competent jurisdiction of any offense which relates to the competency o[ the designate
manager or the organization to perform the licensed activity.
(2) Licenses shall be issued only upon applications which are complete in every respect and have bee
accompanied by the payment o[ the annual license fee and filing of the bingo or gambling manager's [surety] fidelil
Ijond.
(3) No license shall be issued to any organization unless such organization has existed in the city for at least thr(
years prior to the date of application. [This restriction shall not apply if the organization making application is, or is
subsidiary of; any religious, cfiaritable or fraternal organization of national or statewide jurisdiction which has bee
in exfstenFe,ior at least three years.]
(4) No Ijcens2 shall be issued to any organization which does not have, on the date of application, at least 30 actii
members. "'.
(5) No license shall be issued to any organization whose designated bingo or gambling manager is not a member ~.
good standing of the organization/and who has not been a member for at least two years prior to the. date on whit
applicatioa~u made.
(6) Ntv ' anization may be licensed to conduct bingo or gambling on any leased premises without a written lea:
[or a terim ast equal to the term of the [bingo] license sought and in no event for a term extending less than s,
months~.f " ~`' to [he license is issued. In the case of bingo, lease payments shall be at a fixed monthly rate or ra
per binj[ ,not subject to change during the term of the lease. No such lease shall provide that rent
paymen ' on a percentage of receipts or projects from bingo occasions. -
- Sub onditions Governing Conduct of Bingo and Gambling.
(1) onager shall not be the bingo manager for any other organization. The gambling manager sha
not be tb manager for any other organization. One person may simultaneously serve as the bingo manage
and the'~~ onager for the same organization.
(2)fNo F sation shall be paid to any person in connection with [a] bingo or gambling [occasion] activiti~
exceptt>'~` ~" ase of bingo, an active member of the organization, or its auxiliary, or the spouse or survivir
spouse o ' 'member, conducting the bingo occasion. In the case of bingo only, a [nor shall any] person not a
active Ift he organization or its auxiliary, or the spouse or surviving spouse of an active may participate
the coltif tJjingo occasion [, except] by resolution,of a majority of the membership recorded in the approv
minutQS.:, ganization. Non-management assistants who are not active members of the organization, or tl
spousal. g spouse of an active member, may be hired to assist members in conducting the bingo occasio
Coin alt not exceed $12.00 per bingo occasion.
$~; ~ e city council,shall so provide in the license, no more than 104 bingo or gambling occasions each ye.
or tw . r gambling occasions per week may be conducted by the organization. No bingo or gambling occasii
shall contfniie for more than four consecutive hours.
(4)~s1ny person o} corporation, other than an organization, which leases any premises that it owns to two or mo
organizati or p Qses including the conduct of bingo occasions, shall not allow more than four bingo or gamblii
occasi cted on the premises in any week.
(5), ization which leases any premises [o one or more other organizations for purposes including tl
condudt ~ occasioyns shall use the proceeds to the rental, less reasonable sums for maintenance, furnishings ai
other :'itpenSes, only for lawful purposes as defined in Minnesota Statutes, [1976] 1978, Section 349.12. At tl
end of'each tibense year [he organization shall report to the City Clerk the disposition of all receipts which it h;
received'durug he iicense period from the rental on its facilities to other organizations for purposes including tl
conduct of t ~ecasions.
(0), Pr• a'single bingo game shall not exceed $100.00 except for prizes for a game of the type common
known ase: r~~all" game which shall in aggregate value not exceed $500.00. The aggregate of prizes for a hint
occasion shalf iiot exceed $2,500.00, except that when the bingo occasion includes a "cover-all" game, the aggregate
prize's st1aH tint exceed $3,000:00. Merchandise prizes shall be valued at fair market retail value.
(7) Total. prizes from the operation Hof paddle wheels and tipboards awarded in a single day in which they a
opertttedwNhall not exceed $500.00. Total prizes resulting from any single spin of a paddle wheel or from a sing
tipt!$ard shall not exceed $100.00. The total prizes awarded for both paddle wheel and tipboard by any organizali
shall not exceed $15,000 per license year.
[7) (8) No expense shall be incurred or amounts paid in connection with the conduct o[ bingo. except lho
reasonably expended for bingo supplies and equipment, prizes, rent or utilities used during the bingo occasion, bing
license fees, taxes related to bingo and compensation to active members who conduct the game.
(9) No expense shall be incurred or amounts paid in connection with license gambling activities except tho:
reasonably expended for prizes, logal licensing fees, taxes and maintenance costs son the gambling devices.
[8] (10) Eech bingo or gambling winner shall be determined and every prize shall be awarded and delivered tl
same day on which the bingo [occasion] or gambling activity is conducted, except that raffle winners not present t
the drawing may be delivered their prizes at a later date.
[9] (11) All bingo or gambling activities [occasions] shall be under the direct supervisiotiot~the designated bingo
gambling manager who shall be responsible for gross receipts and profits from bingo or gambling and for the condo
of the bingo or or gambling activity [occasion] in compliance with all applicable statutes and ordinances.
[10] (12) Bingo or gambling shall nut be conducted on dates or at places other than those datesand plac
enumerated m the application. `
[11] (13) Bingo and gambling rtiay only be [played] conducted only in the hall where regular meetings of t
organization are held unless otherwise permitted by the council [.7; provided that tipboards are permitted in are
where the licensee regularly sells food.and beverages. Tickets for raffles conducted in accordance with this sect)
may be soldoff the premises,put may not be sold in residential districts of the city[.]without prior approval of the c
council.
[12] C14) Bingo and gambling may [shall] not be played by any person viler 18 years o[ age unless accompanied
his parent or legal guardian.
Subdivision 10. Recording Players and Receipts-Bingo. One or more checkers shall be engaged [or each bit
occasion. The checker or checkers shall record the numbers of cards played in each game prior to the completion
each game and record the prizes awarded to the recorded cards. Each checker shall certify all figures which he I
recorded as accurate and correct to the best of his knowledge. This record shall be kept on file by the association wit
the city and shall be open to inspeotion by city, police officers.
Subdivision 11. Records. Each organization shall keep records of its gross receipts, expenses and profits for ei
[bingo] single gathering or occasion. Gross receipts shall be compared to the checker's records for the bingo occas
by a person who did not sell cards for the bingo occasion. All deductions from gross receipts [for a bingo occasion] st
be documented with receipts or other records indicating the amount, a description of the purchased item or servict
other reason for the deduction and the name of the recipient. The distribution of profits shall be itemized as to pay
amount, and date of payment. ~ -
(Bingo] Gross receipts from each activity required to be licensed under this section shall be segregated from of
revenues,including other activities licensed hereunder, and placed in a separate account. Each organization sl
maintain 'separate records o[ [its bingo] each licensed operation[s]. The person who accounts for [bingo] gr
receipts, expenses and profits shall not be the same person who accounts for other revenues of the organizati
Records required to be kept by this section and by Minnesota Statutes [1976], 1978, Chapter 349 shall be preserved fo
least three years. Licensees shall make their bingo and gambling records available to the [police] public sal
department at any reasonable time and after proper notice.
Subdivision 12. Reports and Applications.
(1) If any discrepancy is found between the amount of gross receipts for a bingo occasion as determined by
checker's records and the amount of gross receipts us determined by totaling the cash receipts and the discrepu
,.-,..,,ea.. con nn rho dlscrenancv shall be reported to the City Clerk within five days of its discovery_ _^^ ,
- JUDq VIIV (ltVIIJ VVYCIItt[I~ l.V[tU Utt ul uutbV auu uuu,u (i•
(1) onager shall not be the bingo manager for any other organization. The gambling manager shall
~
not be tL
manager for any other organization. One person may simultaneously serve as the bingo manager
and theiq- onager for the same organization.
'essive weeks; (2)F:Nt>`¢ cation shat] be paid to any person in connection with [a] bingo or gambling [occasion] activities
except f ace of bingo, an active member of the organization, or its auxiliary, or the spouse or surviving
'
spouse,o '
member, conducting the bingo occasion. In the case of bingo only, a [nor shall any] person not an
~
r active ni
he organization or its auxiliary, or the spouse or surviving spouse o[ an active may participate in
'
~
t9 / 9 the cotrd
~ :'bingo occasion [, except] by resolution ,of a majority o[ the membership recorded in the approval
minutes,4~. ganization. Non-management assistants who are not active members of the organization, or the
"
~
spouse;-,ti;'y
ti
g spouse of an active member, may be hired t.o assist members in conducting the bingo occasion.
~~
Gom
all not exceed $12.00 per bingo occasion.
he city council shall so provide in the license, no more than 104 bingo or gambling occasions each year
~~
or twb. •
41~r gambling occasions per week may be conducted by the organization. No bingo or gambling occasion
and includjng sftall dtinfinue for more than four consecutive hours.
(4}Any person of corporation, other than an organization, which leases any premises that it owns to two or more
organizatf or p oses including the conduct of bingo occasions, shall not allow more than four bingo or gambling
ticcasi eted on the premises in any week.
(5) ~~ ,; ization which leases any premises to one or more other organizations for purposes including the
a printed co
Py condudf o)occasions shall use the proceeds to the rental, less reasonable sums for maintenance, furnishings and
other .expenses. only for Jawful purposes as defined in Minnesota Statutes, [1970] ]978
Section 349
1L
At the
ng the slze and .
.
.
end of each+hcense year the organization shat] report to the Cily Clerk the disposition o[ all receipts which it has
received during: he license penod from the rental on its facilities to other organizations for purposes including the
conduct of iq bccaswns.
(8) Pr• a single bingo game shall not exceed $100.00 except for prizes for a game of the type commonly
known asoat er-all" game which shall in aggregate value not exceed $500.00. The aggregate of prizes for a bingo
occasion shalt not exceed $2,500.00, except that when the bingo occasion includes a "cover-a!1" game, the aggregate of
prizes shall not exceed $3,000:00. Merchandise prizes shall be valued at fair market retail value.
` (7) Totalprizes from the operation~of,paddle wheels and tipboards awarded in a single day in which they are
~-~._ opet(ats~'§ha~R not exceed $500.00. Total prizes resulting from any single spin of a paddle wheel or from a single
tip~ard shall not exceed $100.00. The total prizes awarded for both paddle wheel and tipboard by any organization
shat) not exceed $15,000 per license year.
[7] (8) No expense shalt be incurred or amounts paid in connection with the conduct of bingo, except Lhose
~ 9 reasonably expended for bingo supplies and equipment, prizes, rent or utilities used during the bingo occasion, bingo
licen
f
t
l
d t
bi
d
y se
ees,
axes re
ate
o
ngo an
compensation to active members who conduct the game.
(9) No expense shall be incurredor amounts paid in connection with license gambling activities except those
reasonably expended for prizes, Iocai licensing tees, taxes and maintenance costs for the gambling devices.
[8] (10) Each bingo or gambling winner shall be determined and every prize shall be awarded and delivered the
same day on which the bingo [occasion] or gambling activity is conducted, except that raffle winners noL present for
the drawing may be delivered their prizes at a later date.
[9] (11) All bingo or gambling activities [occasions] shall be under the direct supervision o[ the designated bingo or
gambling manager who shall be responsible for gross receipts, and profits from bingo or gambling and for the conduct
of the bingo or or gambling activity [occasion] in compliance with all applicable statutes and ordinances.
[10] {12) Bingo or gambling shall not be conducted on dates or at places other than those dates and places
enumerated in the application.
[11] (13) Bingo and gambling itiay only be [played] conducted only in the hall where regular meetings of the
organization are held unless otherwise permitted by the council [.]; provided that tipboards are permitted in areas
where the licensee regularly sells food.and beverages. Tickets for raffles conduMed in accordance with this seMion
may be soldoff the premises, but may not be sold in residential districts of the cily[.]without prior approval of the city
council. -
[12] (14) Bingo and gambling may [shall] not be played by any person uder 18 years of age unless accompanied by
his parent or legal guardian. _
Subdivision 10. Recording Players artd Receipts-Bingo. One or more checkers shalt be engaged for each bingo
occasion. The checker or checkers shall record the numbers of cards played in each game prior to the completion of
each game and record the prizes awarded to the recorded cards. Each checker shall certify all figures which he has
recorded as accurate and correct to the best of his knowledge. This record shalt be kept on file by the association within
the city and shall be open to inspeotion by city police officers.
Subdivision 11. Records. Each organization shall keep records of its gross receipts, expenses and profits for each
[bingo) single gathering or occasion. Gross receipts shall be compared to the checker's records for the bingo occasion
by a person who did not sell cards for the bingo occasion. All deductions from gross receipts [for a bingo occasion] shall
be documented with receipts or other records indicating the amount, a description of the purchased item or service or
other reason for the deduction and the name of the recipient. The distribution of profits shall be itemized as to payee,
amount, and date of payment.
[Bingo] Gross receipts from each activity required to be licensed under this section shall be segregated from other
revenues including other activities licensed hereunder, and placed in a separate account. Each organization shall
'
maintain
separate records of [its bingo] each licensed operation[s]. The person who accounts for [bingo] gross
receipts, expenses and profits shall not be the same person who accounts for other revenues of the organization.
Records required to be kept by this section and by Minnesota Statutes [1976], 1978, Chapter 349 shall be preserved for at
least three years. Licensees shall make their bingo and gambling records available to the [police] public safety
department at any reasonable time and after proper notice.
Subdivision 12. Reports and Applications. •
(1) If any discrepancy is found between the amount of gross receipts for a bingo occasion as determined by the
'
checker
s records and the amount of gross receipts as determined by totaling the cash receipts and the discrepancy
exceeds $20.00. the discrepancy shall be reported to the City Clerk within five days of its discovery.
(2) An organization shall report monthly [o its membership gross receipts [from bingo], its expenses, its profits
[from bingo] from the licensed activity and the distribution of these profits itemized as required by subdivision 11 of
this section and Minnesota Statutes 1978, Sections 349.17 and 349.26. Copies of ail such reports shall be furnished
monthly to the City Clerk.
(3) At least 30 days prior to conducting its first (bingo occasion] licensed activity of the license. year, an
organization shall file with the City Clerk copies of the following:
(a) Department of Treasury, Internal Revenue Service, ".Return of Organization )µxempl from Income Tax",
Form 990, or a comparable Corm if the organization is required to file the form with the Department of the Treasury;
(b) Departmentof Treasury, Internal Revenue Service, "Exempt Organization Business Income Tax", Form 990-
T, or a comparable form it the organization is required to file the form with the Department o[ the Treasury;
(d' The annual report required of charitable organizations by Minnesota Statutes, [1974] 1978, Section 309.53,
provided that the organization thaCconducts [bingo] licensed activities but is exempt from submitting this report to
the Department of Commerce under Section 309.53, Subdivision l.a, shall nevertheless submit such a report under this
subdivision;
(d) The Minnesota Department of Commerce "Statement of Bingo Operations". All information contained in the
statement shall be true, correct and complete to the best of the knowledge of the person or persons signing the
sCatement. Any person who shall knowingly make a false statement or knowingly conceal a material fact in the
statement shall be subiect to the penalties provided in cuhdivisinn 14 of this wnrin„