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NOU -22 -1991 10:04 FROM SWEENEY & BORER <br />Thomas M. Sweeney <br />George F. Borer <br />Paul T. Ostrow <br />Douglas B. Maslow <br />Patrick J. Sweeney <br />TO LITTLE— CANADA P.02/10 <br />Sweeney & Borer <br />Professional Association <br />Attorneys at Law <br />Suite 1200 <br />Capital Centre <br />386 North Wabasha Street <br />St. Paul, Minnesota 55102 <br />November 22, 1991 <br />Mr. Joel R. Hanson <br />City Administrator <br />515 Little Canada Road <br />Little Canada, MN 55117 <br />Re: Second Revision of Gambling Ordinance <br />Our File No. 6888 <br />Dear Mr. Hanson: <br />Telephone <br />(6t 2) 222-2541 <br />Facsimile <br />(612) 2234289 <br />Enclosed please find with this letter, the second revision <br />of the Gambling Ordinance for your review and consideration. <br />The Ordinance has been revised to address concerns raised at the <br />City Council Meeting held on November 13, 1991. <br />Please note the revisions in Sections 815.025 (D) and (E). <br />Following this revision, the use of a certified public <br />accountant is required only for the preparation of the annual <br />financial audit and the monthly reports filed with the Board. <br />The audit is required by Minnesota Statutes Section 349.19, <br />Subd. 9, although we are informed by the Gambling Tax Division <br />of the Minnesota Department of Revenue that rules providing for <br />the enforcement of this requirement became effective in October <br />of 1991. Revenue Notice 91 -14, which implements the audit <br />requirement, provides that the audit must be performed either by <br />a certified public accountant or a licensed public accountant. <br />I am advised by the Minnesota Board of Accountancy that the only <br />difference between a CPA and an LPA is that a CPA has passed the <br />Certified Public Accountant's Exam. As a result, the CPA <br />requirement in the Ordinance is slightly more restrictive than <br />State law. In addition, State law does not require a CPA or an <br />LPA to prepare the monthly reports. <br />You will note that paragraph (D) no longer requires that a <br />CPA be used for all bookkeeping and tax preparation services <br />related to lawful gambling. The Department of Revenue Rules <br />require that the individual preparing the audit have no <br />involvement in performing services such as payroll or the <br />issuance of checks. In addition, the individual used by the <br />organization to prepare the audit may not be an employee or <br />officer of the organization. <br />Page 43 <br />