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HomeMy WebLinkAbout0123 . , ORDINANCE NO.~_ CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA AN ORDINANCE LICENSING AND REGULATING THE CONDUCT OF BINGO, GAMBLING DEVICES AND RAFFLES, AND PROVIDING A PENALTY FOR VIOLATIONS The City Council of the City of Lakeville ordains as follows: Section 1. Purpose. The purpose of this ordinance is to closely regulate and control the conduct of the game of bingo, gambling devices and raffles and to prohibit commercial- ization. Section 2. Definitions. Whenever the following terms appear in this ordinance, they shall have the meanings assigned to them in this section. Subd. 1. Active member. A member of the organization requesting a license whose dues are paid for the current membership period and who has been a member for at least six months. Subd. 2. Bingo. A game where each player has a card or board for which a consideration has been paid, con- taining horizontal rows of spaces, with each row except the central one containing five figures. The central row has four figures with the word "free" marked in the center space thereof. A player wins a game of bingo by completing any pre-announced combination of spaces or, in the absence of a pre-announcement of a combination of spaces, any combination of five spaces in a row, either vertical, horizontal or diagonal. Subd. 3. Bingo occasion. A single gathering or session at which a series of one or more successive bingo games is played. Subd. 4. Eligible organization. Any fraternal, religious, veterans, or other nonprofit organization which has been in existence for at least three years and has at least thirty (30) active members. Subd. 5. Profit. The gross receipts collected from one or more bingo occasions of the operation of gambling devices or the conduct of raffles less reasonable sums necessarily and actually expended for supplies and equipment, prizes, rent and City license fees. Subd. 6. Gambling devices. Those gambling devices known as "paddlewheels" or "tipboards", or apparatus used in conducting raffles. Subd. 7. Paddlewheel. A wheel marked off into sections containing one or more numbers, and which, after being turned or spun, uses a pointer or marker to indicate winning chances. Subd. 8. Tipboard. Aboard, placard or other device measuring at least 12 inches square, marked off in a grid or similar pattern, in which each section contains a hidden number or numbers, or other symbol, which determines the winning chances. Subd. 9. Raffle. A game in which a participant buys a ticket for a chance at a prize with the winner determined by a random drawing. Section 3. License Required. Subd. 1. No bingo occasion may be conducted, raffle held or gambling devices used except by an eligible -2- organization which has secured a license for that purpose, as provided in this ordinance. Separate licenses shall be re- quired for raffles, bingo and gambling devices. Subd. 2. A license shall be valid for twelve calendar months from the date of issue. Subd. 3. The annual license fee shall be established by resolution of the City Council. Subd. 4. A license application shall be acted upon by the council no sooner than 30 days and no later than 180 days after the date of application. Subd. 5. No license issued may be transferred to any other person or organization. Pdo license shall be trans- ferred to any location other than the location specified in the license, without prior approval by the council. Section 4. License Applications. Every application for a license shall be made to the city clerk on a form supplied by the City and containing such information as the clerk or council may require. No person shall make a false statement in an application. Copies of each application shall be referred to the City's police chief, fire chief, and building inspector, for their recommendations. Section 5. Suspension or Revocation. The council may suspend fora period not exceeding 60 days, or revoke, any license for violation of any provision of Minnesota Statutes Chapter 349 or this ordinance. The holder of the license shall be granted a hearing upon at least 10 days notice be- fore revocation or suspension is ordered. The notice shall state the time and place of the hearing and the nature of the charges against the license. Section 6. Appointment of Gambling Manager. All operation of gambling devices, the conduct of raffles or bingo games shall be under the supervision of a single gambling manager designated by the organization. The gambling manager shall be responsible for gross receipts and profits from -3- the gambling devices, raffles or bingo and for their operation. The gambling manager shall post a fidelity bond in the sum of $10,000.00 in favor of the organization conditioned on the faithful performance of his or her duties. Terms of the bond shall provide that notice shall be given in writing to the City Council not less than thirty (30) days prior to its cancellation. The City Council, by unanimous vote of the entire Council, may waive the bond requirement by including a waiver provision in the license. The manager shall be an active member of the organization. No person shall act as a manager for more than one organization. Section 7. Conduct of Bingo. Subd. 1. One or more checkers shall be engaged for each bingo occasion. The checkers shall be active members of the licensed organization or spouses of active members of the licensed organization. The checker or checkers shall record the number of cards purchased and 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 or she has recorded as accurate and correct to the best of his or her knowledge, on forms prescribed by the city clerk. Subd. 2. Additional persons may be engaged for other duties in connection with bingo occasions as needed, but no person shall assist in the conduct of a bingo occasion who is not an active member of the licensed organization, or the spouse of an active member of the licensed organization. Subd. 3. No person shall receive more than $12.00 as compensation for any duties in connection with any one bingo occasion. Subd. 4. No more than 104 bingo occasions each year or two bingo occasions each week shall be conducted by any licensed organization. Subd. 5. A bingo occasion may not continue for more than four consecutive hours. -4- Subd. 6. Any person, corporation, or eligible organization, which leases any premises that it owns to two or more eligible organizations for purposes including the conduct of bingo occasions, shall not allow more than four bingo occasions to be conducted on the premises in any week. Subd. 7. Any eligible organization which leases any premises to one or more eligible organizations for purposes including the conduct of bingo occasions shall use the proceeds of the rental, less reasonable sums for maintenance, furnishings and other necessary expenses, only for the uses for which bingo profits may be used, as set out in Section 12 of this ordinance. Not less than once each year the lessor organization shall re- port to the City Council the disposition of all receipts which it has received during the reporting period from the rental of its facilities to other organizations for purposes including the conduct of bingo occasions. Subd. 8. No eligible organization shall conduct bingo on any leased premises without a written lease for a term at least equal to the remainder of the term of the bingo license of the lessee organization. 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 provide that rental payments be based on a per- centage of receipts or profits from bingo occasions. Subd. 9. Prizes for a single bingo game shall not exceed One Hundred Dollars ($100.00) except for a game of the type commonly known as a "cover-all" game. "Cover-all" prizes may exceed $100.-00 provided that the aggregate. value of such prizes for a bingo occasion shall not exceed $500.00. The aggregate value of prizes for a bingo occasion shall not exceed $2,500.00 except that in the case of a bingo occasion during which a "cover-all" game is played for a maximum prize of more than $100.00 but less than $500.OD, the aggregate value of -5- prizes for the bingo occasion shall not exceed $3,000.00. Merchandise prizes shall be valued at fair market retail value. Subd. 10. Each bingo winner shall be determined and every prize shall be awarded and delivered the same day on which the bingo occasion is conducted. Subd. 11. Each licensed organization shall keep records of its gross receipts and profits for each bingo occasion. All deductions from gross receipts from a bingo occasion shall be documented with receipts or other records. The distribution of profits shall be itemized as to payee, amount, and date of payment. Records required by this ordinance shall be preserved for three years. Subd. 12. Gross receipts shall be compared to the checkers' records for the bingo occasion by a person who did not sell cards for the bingo occasion. If a discrepancy exceeding $20.00 is found between the amount of gross receipts for a bingo occasion as determined by the checkers' records, and the amount of gross receipts as determined by totaling the cash receipts, the discrepancy shall be reported to and investigated by the City. Subd. 13. Bingo gross receipts shall be segregated from other revenues of an organization and placed in a separate account. Each organization shall maintain separate records of its bingo operations. The person who accounts for bingo gross receipts and profits shall not be the same person who accounts for other revenues of the licensed organization. Subd. 14. Reports. Each licensed organization shall report monthly to its membership its gross receipts from bingo, its profits from bingo, and the itemized distribu- tion of those profits. -6- r Section 8. Conduct of Raffles and Operation of Gambling Devices. Subd. 1. No compensation shall be paid to any person in connection with the operation of a gambling device or the conduct of a raffle by a licensed organization. No person who is not an active member of an organization, or its auxiliary, or the spouse or surviving spouse of an active member may partic- ipate in the organization's operation of a gambling device or conduct of a raffle. Subd. 2. Each organization licensed to operate gambling devices shall keep records of its gross receipts, expenses and profits for each single gathering or occasion at which gambling devices are operated or a raffle is conducted. All deductions from gross receipts for each single gathering or 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 recipient. The distribution of profits shall be itemized as to payee, purpose, amount and date of payment. Subd. 3. Gross receipts from the operation of gambling devices and the conduct of raffles shall be segregated from other revenues of the organization, including bingo gross receipts, and placed in a separate account. Each organization shall have separate records of its gambling operations. The person who accounts for gross receipts, expenses and profits from the operation of gambling devices or the conduct of raffles shall not be the same person who accounts for other revenues of the organization, except that such person may be the same person who accounts for bingo gross receipts, expenses and profits. -7- Subd. 4. Each organization licensed to operate gambling devices or to conduct raffles shall report monthly to its membership, and to the City its gross receipts, expenses and profits from gambling devices or raffles, and the itemized distribution of profits. Subd. 5. Records required by this section shall be preserved for three years, and organizations shall make available their records relating to operation of gambling devices and the conduct of raffles for public inspection at reasonable times and places. Subd. 6. Gambling devices shall be operated and raffles conducted by a licensed organization only upon premises which it owns or leases except that tickets for raffles conducted in accordance with this section may be sold off the premises. Leases, unless authorized in another location by the City, shall be for a period of not less than one year and shall be in writing. No lease shall provide that rental payments be based on a per- centage of receipts or profits from gambling devices or raffles. Copies of all leases shall be provided to the City. Subd. 7. Total prizes from the operation of paddlewheels and tipboards awarded in any single day in which they are operated shall not exceed $500.00. Total prizes resulting from any single spin of a paddlewheel, or from any single tipboard, shall not exceed $100. Total prizes awarded in any calendar year by any organization from the operation of paddlewheels and tipboards and the conduct of raffles shall not exceed $15,000. Merchandise prizes shall be valued at fair market retail value. Subd. 8. Nothing in this ordinance shall be construed to authorize any use, possession. or operation of: (a) Any gambling device which is activated by the insertion of a coin or token; or (b) Any gambling game or device in which the winning numbers, tickets or chances are in any way determined by the outcome of any athletic contest or sporting event. Section 9. At the time of making its first license application under this ordinance, and on an annual basis thereafter, each licensed organization shall file with the council copies of the following: a. The most recently filed department of the 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. The most recently filed department of the 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. c. The most recently filed annual report required of charitable organizations by M.S. 309.53, provided that an organization that is licensed to conduct bingo but is exempt from submitting this report to the department of commerce under Section 309.53, Subd. la, shall nevertheless submit such a report under this subdivision. -9- ` ~ d. If a bingo license is involved the most recently filed 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 statement. e. Any lease agreements required by this act, executed by the organization in regard to premises leased for the conduct of bingo. Section 10. Inspection and Investigation. Subd. 1. Any city official or employee having a duty to perform with reference to a license, and any police officer, may inspect and examine the records of any licensed organization upon 24 hours notice. Section 11. Use of Receipts. No expense shall be incurred or amounts paid in connection with the conduct of bingo, raffles or the operation of gambling devices, except those reasonably expended for supplies and equipment, prizes, rent, City license fees, and compensation to persons lawfully hired to conduct or assist in conducting a bingo occasion. Section 12. Use of Profits. Profits from any bingo occasion, raffle or operation of gambling devices shall be expended only as authorized by a resolution recorded in the official minutes at a regular meeting of the licensed organization and only for one or more of the following purposes: (1} Benefitting persons by enhancing their oppor- tunity for religious or education advancement by relieving or protecting them from disease, suffering, or distress, by contributing to their physical well-being, by assisting them in establishing themselves in life as worthy and useful citizens, or by increasing their comprehension of and devotion to the principles -10- . ~ upon which this nation was founded. (2) Initiating, performing, or fostering worthy public works or enabling or furthering the erection or maintenance of public structures. (3) Lessening the burdens borne by government or voluntarily supporting, augmenting, or supple- menting services which government would normally render to the people. (4) The improving, expanding, maintaining, or repairing of real property owned or leased by the licensed organization. Profits from bingo occasions, raffles and operation of gambling devices shall not be expended for the erection or acquisition of any real property, unless the City Council specifically authorizes the expenditures after finding that the property will be used exclusively for one or more of the purposes specified in this section. Section 13. Exemptions. Bingo may be conducted without complying with the requirements of Section 6, Subds. 4,5,6,7 and 8 if conducted: (1) in connection with the county fair conducted by the county agricultural society or in connection with a civic celebration recognized by resolution of the City Council, provided that bingo shall not be conducted for more than 12 days during any one county fair or recognized civic celebration, or (2} by an organization that conducts fewer than five bingo occasions in any calendar year. Section 14. Penalties. Violation of any provision of this ordinance shall be a misdemeanor. A person convicted of violating any provision of this ordinance shall be subject to -11- . a fine of not more than $500.00 or imprisonment for a term not to exceed 90 days or both. Section 15. Effective Date. This ordinance becomes effective upon its passage and publication. Adopted this 21st day of August, 1978. CITY OF LAKEVILLE ordon Lek n, Mayor ATTES ' ~C .12c--~.G Patrick E. Mc arvey, C er -12- BLI N I ORDINANCE NO. 123 CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA AN ORDINANCE LICENSING AND REGULATING THE CONDUCT OF BINGO, GAMBLING DEVICES AND RAFFLES, AND PROVIDING A PENALTY FOR VIOLATIONS The • evine 1 which 'leases any premises to one lir more eligible organizations tor purpoees including the conduct of bingo heceiions shall use the proceeds of the rental, lees reasonable, sums for maintenance, furnishings and other necessary expanses, its the tivat.' 'by the insertion of a Coln or of u oken; or b t Any gambling genie or.devlce In „ t which the winning Numbers, tickets all ler of or chances are in any way de- the ease termined by the outcome of any its ern - athletic contest or sporting event.:; for ze $Won 9. At the time of making Its firstlice�^ lication under this ordinance,j ach and non anse annual nnual basis thereat et, each all i kit a licensed argent/anon shall Nle with the . sl c aw council copies otthe folloWing: den' a. The most reaeatly filed department = he . five of the treasury, internal revenue..n_ ti the, service, "Return of Organization Ex- empt from Income Taut" Form 990, or of a a comparable tOrm it the organize- he Ni- hon Is required to file the form with nt • la the department of the treasury. - a b. The most recently filed department ion of the treasury, Internet revenue el. service, "Exempt Organization Bust- e ness Income Tax" Form 990•T. or a rs tgle comparable form If the organization pe a of is required to file the form with Ibe ems.; a is department of the treasury. c. The most recently Wed annual re- lh port herquired of charitable organize• ; lions by M.S. 309.53. provided that an f 1 in organization that Is licensed to con- ix• -las duct bingo but 1s exempt from sub- a mltttng this report to the department hr - of commerce under Section 309.53. 7Ilep or Ile rd at 1 this con - Ingo, pre- Subd. 1a, shall pevertheless submit such a report under this subdivision. se d. If a bingo license Is involved the 0. . most recently filed Minnesota it, Department of Commerce "Stat trent of Bingo Operation." All In itae formation contained In the statement shall be true, correct. and complete to I n s the best of the person or per$onsksigning gofe thestat - hi menl.s e. Any lease agreements required by 'II this act, executeli by the organization t" in regard to premises leased for the • conduct of bingo. •. • Section 10. Inspection and"Inveatigit lion. ... ...... .. .: Subd. 1. Any tlly.dtttfiaGor etnptoyee having a duty to perform with reference society or in connection with a civic celebration recognized byresolution luth n of the City Council, provided bingo shaU not be conducted for more than 12 days during any one county lair or recognized civic celebration. or 025 by an organization that conducts fewer than five bingo occasions In any calendar year. Section 14. Penalties. Violation of any provision of this ordinance shall be a ml1- ,i demeanor. A person convicted of violat- ing any provision of this ordinance shall `,, be subject to a fine of not more than 5500.00 or imprisonment for a term not to exceed 90 days or both. Section 19. Effective Date. This or- dinance becomes effective upon Its passage and publication. '1 Adopted this 21st day of August, 1978. CITY OF LAKEV ILLE i BY; GORDON LEKSON, . Mayor ATTEST: PATRICK E. McGARVEK, Clerk 128 AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ) County of Dakota ) SS JOSEPH R. CLAY and DANIEL H. CLAY, being duly sworn, on oath say they are and during all the times herein stated hove been the publishers and printers of the news- paper known as Dakota County Tribune and hove full knowledge of the facts herein stated as follows: Said newspaper is printed in the English language in newspaper format and in column and sheet form equivalent in printed space to at least 900 square inches. Said newspaper is a weekly and is distributed at least once each week. Said newspaper has 50 per cent of its news columns devoted to news of local interest to the community which it purports to serve and does not wholly duplicate any other publico - tion and is not made up entirely of patents, plate matter and advertisements. Said newspaper is circulated in and near the municipality which it purports to serve, hos at least 500 copies regularly delivered to paying subscribers, has an average of at least 75 per cent of its total circulation currently paid or no more than three months in arrears and has entry as second-class matter in its local post -office. Said newspaper purports to serve the Cities in the County of Dakota and it has its known offices of issue in the Cities of Farmington, Rosemount, Burnsville, Apple Valley, and Lakeville established and open during its regular business hours for the gathering of news, sale of advertise- ments and sale of subscriptions and maintained by the managing officer of said news- paper or persons in it's employ and subject to their direction and control during all such regular bLsiness hours and at which said newspaper is printed. Said newspaper files a copy of each issue immediately with the State Historical Society. Said newspaper has complied with all the foregoing conditions for at least two years preceding the day or dates of publication mentioned below. Said newspaper has filed with the Secretary of State of Minnesota prior to January 1, 1966 and each January 1 thereafter an affi- davit in the form prescribed by the Secretary of State and signed by the managing officer of said newspaper and sworn to before a notary public stating that the news- paper is a legal newspaper. They further state on oath that the printed 1, hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and published therein in the English language, once each—week forks_t_hat it was first so published on Thursday, the ( 1 day of \00) ' 19 0 and was thereafter printed and published on every thursday to and including Thursday the .__ _ day of 19 _ _ .. and that the following is a printed copy of the lower case alphabet from A to Z, both inclusive, and is hereby ac- knowledged as being the size and kind of type used in the composition and publication of said notice, to wit; Subscribed and �y 1 / sworn to before me this t t o of o-,�Cmbe betIcl'giniklmnopgrst uvwx yr. CAROL J. HAVERLAND NOTARY PUBLIC - MINNESOTA DAKOTA COUNTY My Commission Expires Dec 3, 1982