Agenda Packets - 1995/03/20 - Laserfiche WebLink

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725 LAWFUL GAMBLING AND GAMBLING DEVICES 349.213 (b) A licensed organization or employee may not allow a person under age 18 to participate in lawful gambling in violation of paragraph(a).Violation of this paragraph .f2` is a misdemeanor. (c) In a prosecution under paragraph(b),it is a defense for the defendant to prove by a preponderance of the evidence that the defendant reasonably and in good faith relied upon representations of proof of age authorized in section 340A.503,subdivision .' 6, paragraph(a). Subd. 9. Tipboard defined. For purposes of this section "tipboard" includes tip- boards as defined in section 349.12, subdivision 34, and any board, placard or other device marked off in a grid or columns,in which each section contains a hidden number - or numbers, or other symbol, which determines the winning chances. T+:' History: 1988 c 719 art 9 s 15; 1989 c 334 art 2 s 43; 1 Sp1989 c 1 art 13 s 16,17; • 1990 c 590 art 2 s 4-10; 1991 c 256 s 10; 1994 c 633 art 2 s 19;art 5 s 91-95 349.213 LOCAL AUTHORITY. Subdivision 1.Local regulation.(a)A statutory or home rule city or county has the authority to adopt more stringent regulation of lawful gambling within its jurisdiction, including the prohibition of lawful gambling,and may require a permit for the conduct of gambling exempt from licensing under section 349.166.The fee for a permit issued under this subdivision may not exceed$100.The authority granted by this subdivision does not include the authority to require a license or permit to conduct gambling by organizations or sales by distributors licensed by the board.The authority granted by this subdivision does not include the authority to require an organization to make spe- r cific expenditures of more than ten percent from its net profits derived from lawful gam- bling. For the purposes of this subdivision, net profits are gross profits less amounts expended for allowable expenses and paid in taxes assessed on lawful gambling.A statu- tory or home rule charter city or a county may not require an organization conducting lawful gambling within its jurisdiction to make an expenditure to the city or county as a condition to operate within that city or county, except as authorized under section 349.16, subdivision 8,or 297E.02;provided,however, that an ordinance requirement that such organizations must contribute ten percent of their net profits derived from lawful gambling conducted at premises within the city's or county's jurisdiction to a fund administered and regulated by the responsible local unit of government without cost to such fund, for disbursement by the responsible local unit of government of the receipts for lawful purposes,is not considered an expenditure to the city or county nor a tax under section 297E.02, and is valid and lawful. (b) A.statutory or home rule city or county may by ordinance require that a licensed organization conducting lawful gambling within its jurisdiction expend all or a portion of its expenditures for lawful purposes on lawful purposes conducted or located within the city's or county's trade area. Such an ordinance must be limited to lawful purpose expenditures of gross profits derived from lawful gambling conducted at premises within the city's or county's jurisdiction,must define the city's or county's trade area,and must specify the percentage of lawful purpose expenditures which must be expended within the trade area.A trade area defined by a city under this subdivision must include each city contiguous to the defining city. (c) A more stringent regulation or prohibition of lawful gambling adopted by a political subdivision under this subdivision must apply equally to all forms of lawful gambling within the jurisdiction of the political subdivision,except a political subdivi- sionmay prohibit the use of paddlewheels. Subd. 2.Local approval.Before issuing or renewing a premises permit or bingo hall license,the board must notify the city council of the statutory or home rule city in which the organization's premises or the bingo hall is located or, if the premises or hall is located outside a city, the county board of the county and the town board of the town where the premises or hall is located. The board may require organizations or bingo halls to notify the appropriate local government at the time of application. This required notification is sufficient to constitute the notice required by this subdivision.