CHAPTER 116:  GAMBLING REGULATIONS

 

Section

 

116.01   Definitions

116.02   Incorporation by Reference

116.03   License or Permit Required

116.04   Permit Fee

116.05   Application

116.06   Investigation Fee

116.07   Unauthorized Gambling Prohibited

116.08   Lawful Gambling Fund

116.09   Location of Lawful Gambling Operation

116.10   Bingo and Raffles

116.11   Reports

116.12   Inspection of Premises and Records

116.13   Age Limit

 

SECTION 116.01  DEFINITIONS.

 

       (A)  The term “Gambling Equipment” as used in this section means those devices known as bingo cards, bingo numbers, paddle wheels, tip boards, pull-tabs (or ticket jars) or apparatus used in conducting bingo and other gambling games as those various devices are described and defined in M.S. Ch. 349, as amended from time to time.

 

       (B)  The words “Trade Area” shall mean the corporate boundaries of the City and each city immediately contiguous to the City.

 

SECTION 116.02  INCORPORATION BY REFERENCE.

 

       Unless the provisions of this section are inconsistent with the provisions of state law, in which case those provisions shall control, all the terms, provisions and subdivisions of M.S. Ch. 349, as amended from time to time, which regulate and provide for the licensing of the operation of gambling devices, are hereby adopted and incorporated in this section by reference.

 

SECTION 116.03 LICENSE OR PERMIT REQUIRED.

 

       No person shall keep, operate, maintain or permit to be operated or maintained upon premises within his or her direct or indirect control any gambling equipment without having first procured a gambling license from the state, and as approved by the City, or in the case of operations exempt from licensing by state law, without a permit issued by the City.

 

SECTION 116.04 PERMIT FEE.

 

       As provided herein, the fee for various types of gambling device permits shall be established in the Ordinance Establishing Fees and Charges adopted pursuant to this code, as that ordinance may be amended from time to time.

 

SECTION 116.05 APPLICATION.

 

       Applications for City approval or a permit shall be submitted to the City Administrator at least sixty (60) days before the proposed effective date of the permit.  Criteria for the issuance of premises permits shall be adopted from time to time by the Council.

 

SECTION 116.06 INVESTIGATION FEE.

 

       If requested, the City’s designated law enforcement provider shall investigate any application and shall submit a recommendation to the City Administrator prior to issuance or denial of the permit or license approval.  Applicants shall pay the City a non-refundable investigation fee as established in the Ordinance Establishing Fees and Charges adopted pursuant to this code, as that ordinance may be amended from time to time.

 

SECTION 116.07 UNAUTHORIZED GAMBLING PROHIBITED.

 

       No person shall conduct lawful gambling within the City unless such activity is in compliance with the provisions of the Minnesota Lawful Gambling Act and this section.  If the provisions of the Minnesota Lawful Gambling Act and this section are inconsistent, the more restrictive provisions shall apply.

 

SECTION 116.08 LAWFUL GAMBLING FUND.

 

       All organizations permitted to conduct lawful gambling within the City shall contribute ten percent (10%) of their net profits derived from lawful gambling activities within the City on lawful purposes conducted or located within the Trade Area or to a special fund to be administered by the City Council for lawful purposes.  Payments to the fund shall be calculated at least quarterly and installment payments shall be submitted together with verifiable supporting documentation, not later than the 20^th day of the month following the end of the reporting period (monthly or quarterly).

 

SECTION 116.09 LOCATION OF LAWFUL GAMBLING OPERATION.

 

       No gambling operation shall be maintained except on the premises listed in the license.  The listed location shall comply with all state regulations and city zoning regulations

 

SECTION 116.10 BINGO AND RAFFLES.

 

       Bingo and raffles shall follow the rules explicitly stated in Minnesota Statutes.

 

SECTION 116.11 REPORTS.

 

       On or before February 1^st of each year, organizations licensed as permitted to conduct lawful gambling within the City shall submit a report to the City Administrator indicating how the net profits derived from lawful gambling activities conducted by the organization have been spent for lawful purposes and such other reports as may be required from time to time by Council resolution.  It shall be a misdemeanor to falsify any reports submitted pursuant to this section.

 

SECTION 116.12 INSPECTION OF PREMISES AND RECORDS.

                     

       The City Administrator, City Attorney, City law enforcement officers, City official and/or City employee having a duty to perform with reference to this section may inspect and examine the records concerning lawful gambling activities of any organization upon 24 hours advance notice and may inspect the premises upon which the organization is conducting lawful gambling activities at all reasonable times without advance notice.

 

SECTION 116.13 AGE LIMIT.

 

       No person under the age of 18 years shall be permitted to engage in any lawful gambling activity including bingo and raffles.  No permitted organization shall allow any person under the age of 18 to engage in any lawful gambling activity including bingo and raffles.