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HomeMy WebLinkAbout1980-075 Council OrdinancesORDINANCE NO. 75 CITY OF LINO LAKES COUNTY OF ANOKA STATE OF MINNESOTA AN ORDINANCE AUTHORIZING THE ISSUANCE OF BINGO LICENSE TO QUALIFIED ORGANIZA- TIONS, PRESCRIBING CONDITIONS THEREFORE, AND PROVIDING PENALTIES FOR THE VIO- LATION THEREOF. THE CITY COUNCIL OF THE CITY OF LINO LAKES DOES HEREBY ORDAIN: SECTION 1. Purpose. The purpose of this ordinance is to closely regulate and control the conduct of the game of Bingo and prohibit commercialization of Bingo. SECTION 11. Statutes incorporated by Reference. Minnesota State Statue 349.11 through 349.23 are incorporated by reference and made a part hereof as if set out herin. SECTION 111. Definitions. Whenever the following terms appear in this Ordinance, they shall have the meanings assigned to them in section. Subdivision 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 (6) months. Subdivision 2. Bingo. A game where each player has a card or a board for which consideration has been paid containing five (5) horizontal rows of spaces with each row except the central one containing five (5) figures. The central row has four (4) figures with the word "free" marked in the center space there- of. A player wins a game of bingo by completing any preannounced combination of spaces or, in the absence of a preannouncement of a combination of spaces, any combination of five (5) spaces in a row, either vertical, horizontal or diagonal Subdivision 3. Bingo Occasion. A single gathering or session at which a series of one or more successive bingo games are played. Subdivision 4. Eligible Organizations. Any Fraternal, Religious, Veteran, or other non-profit organization which has been in existence for at least three (3) years and has at least thirty (30) active members. Subdivision 5. Profit. The gross receipts collected from one or more Bingo occasions less reasonable sums necessarily and actually expended for Bingo supplies and equipment, prizes,rent, utilties used during the Bingo occasion, Bingo license fees and compensation to persons lawfully hired to conduct or assit in conducting a Bingo occasion. SECTION 1V. License Required. Subdivision 1. No Bingo occasion shall be conducted except by an eligible or- ganization which has secured a license for that purpose as provided in this ordinance. Subdivision 2. A license shall be valid for twelve (12) calendar months from the date of issuance. Subdivision 3. The annual license fee shall be as set by resolution by Council. Subdivision 4. The license application shall be acted upon by the City Council no sooner than Thirty (30) days and no later than One Hundred Eighty (180) days after the date of application. Subdivision 5. No Bingo license issued may be transferred to any other person or organization. No. Bingo license shall be transferred to any location other than the location specified in the license without prior approval by the City Council. SECTION V. License Applications. Every application for a Bingo license shall be made to the City Clerk on a form supplied by the City and containing such information as the clerk or the 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 and Building Inspector for their recommendations when the Council deems this necessary. SECTION V1. Suspension or Revocation. The Council may suspend for a period of not ex- ceeding sixty (60) days or revoke any Bingo license for violation of any provis- ions of Minnesota Statues, Chapter 349 or this Ordinance. The holder of the license shall be granted a hearing upon at least ten (10) days notice before re- vocation 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 V11.. Conduct Bingo. Subdivision 1. Each licensed Organization shall appoint a Bingo manager to super- vise Bingo occasions conducted by it. The Bingo manager must be a member of the licensed organization with dues paid for the current membership period and must have been a member of the organization for at least two (2) years. The Bingo manager shall give a Fidelity Bond in the sum of $10,000.00 in favor of the or- ganization conditioned on the faithful performance of his or her duties, except the City Council may waive the bond requirement upon the showing by the proposed Bingo manager and the licensed organization that the bond is not required to pro- tect the organization and upon an unanimous vote of the City Council. Terms of the bond shall provide that notice shall be given in writing to the City Council not Tess than ten (10) days prior to its cancellation. Each Bingo occasion shall be conducted under the direct supervision of the Bingo manager who shall be respon- sible for the conduct of the Bingo occasion in compliance with all applicable laws and ordinances. No person shall act as Bingo manager for more than one or- ganization. Subdivision 2. One or more checkers shall be engaged for each Bingo occasion. Checkers shall be active members of the licensed organization or spouses of ac- tive 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 that all figures that he or she has recorded as accurate and correct to the best of his or her knowledge on forms prescribed by the City Clerk. Subdivision 3. No person shall receive more than twelve (12) Dollars as compen- sati•on for any duties in connection with any one Bingo occasion. Subdivision 4. No person shall receive more than One Hundred Fout:(104) Bingo occasions each year, or two (2) Bingo occasions each week shall be conducted by any licensed organization. Subdivision 5. A Bingo occasion shall not continue for more than four (4) con- secutive hours. SECTION V111. Prizes. Subdivision 1. Prizes for a single Bingo game shall not exceed One Hundred Dollars ($100.00) except prizes for a game commonly known as coverall game. Coverall prizes may exceed One Hundred Dollars ($100.00) provided that the aggregate value of such prizes for a Bingo occasion shall not exceed Five Hundred Dollars ($500.00). The aggregate value of prizes for a Bingo occas- ion shall not exceed Two Thousand, Five Hundred Dollars ($2,500.00) except in the case of a Bingo occasion during which a coverall game is played for a maximum of more than One Hundred Dollars ($100.00) but less than Five Hundred Dollars ($500.00) the aggregate value of prizes for the Bingo occasion shall not exceed Three Thousand Dollars ($3,000.00). Merchandise prizes shall be valued at fair market retail value. Subdivision 2. Each Bingo winner shall be determined and every prize shall be awarded and delivered the same day on which the Bingo occasion is conducted. SECTION 1X. Subdivision 1. Each licensed organization shall keep records of its gross receipts and profits for each Bingo occasion. All deductions from gross re- ceipts from a Bingo occasion shall be documented with receipts or other re- cirds. 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 (3) years. Subdivision 2. 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 Twenty Dollars ($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 Council. Subdivision 3. Bingo gross receipts shall be segregated from other revenues of an organization and placed in a separate account. Each Organization shall maintain seperate 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. SECTION X. Reports. Subdivision,l. Each licensed organization shall report monthly to its member- ship its gross receipts form Bingo, its profits from Bingo, and the distribution of those profits itemized as required by Section 1X, Subd. 1. Subdivision 2. 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 proof that it is a non-profit organization organized under the Minnesota State Law or Federal Law. SECTION X1. Inspection and Investigation. Subdivision 1. Any City Official or employee having a duty to preform with re- ference to a Bingo license and any POi ce Officer may inspect and examine the Bingo records of any licensed organization upon Twenty -Four (24) hours notice. SECTION X11. Use of Bingo Receipts. No expense shall be incurred or amounts paid in connection with the conduct of Bingo except those reasonable expended for Bingo supplies and equipment, prizes, rent, utilities used during the Bingo occasion, Bingo license fees, and compensation to persons lawfully hired to conduct or assist in conducting a Bingo occasion. SECTION X111. Use of Bingo Profits. Profits from any Bingo occasion shall be expended only as authorized by a Resolution recorded in the official minutes of a reg- ular meeting of the licensed organization and only for one or more of the following purposes; a) benefiting person by enhancing their opportunity for re- ligious or educational advancement by relieving or protecting them from diease, suffering or distress by contributing to their physical well-being by assisting them in establishing themselves in life as worthy and useful citzens or by in- creasing their comprehension of and devotion to the principles upon which this nation was founded: b) initiating, performing or fostering worthy public works or enabling or furthering the erection or maintenance of public structures; c) Iessing the burdens borne by government or voluntarily supporting, augmenting or supplementing services which goverment would normally render to the people; d) improving, expanding, maintaining or repairing of real property owned or leased by the licensed organization. Profits from Bingo occasions 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 X1V. Exemptions. Bingo may be conducted without complying with the require- ments of Section V111, Subdivisions 4 & 5, if conducted by an organization that conducts fewer than five (5) Bingo occasions in any calendar year. SECTION XV. Penalty. Violation of any provision of this ordinance shall be a mis- demeanor. A person convicted of violating any provision of this ordinance shall be subject to a fine of not more than Five Hundred Dollars ($500.00) or imprisonment of a term not to exceed ninety (90) days, or both in either case, the cost of prosecution. SECTION XV1. Effective Date. This Ordinance becomes effective upon its passage and publication according to law. Passed by the City Council this 23rd day of June, 1980. F. Knneth Gourley, Mayor ATTEST, Edna-S.ar-ner City fJerk7Treasurer (SEAL)