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CC PACKET 10271987
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CC PACKET 10271987
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12/30/2015 4:25:31 PM
Creation date
12/30/2015 4:25:08 PM
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SP Box #
18
SP Folder Name
CC PACKETS 1987-1989
SP Name
CC PACKET 10271987
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DORSEY & WHITNEY <br /> • Mayor Sundland and Members <br /> of the City Council <br /> October 16, 1987 <br /> Page 3 <br /> As mentioned above, Minn. Rules § 7860. 004.0, s,ubp . 6 <br /> requires a separate license. for each premises where gambling is . <br /> to be conducted. By exercising its veto power under Minn. Stat. . <br /> § 349 . 213 , subd. 2, the City. can prevent any such license from <br /> being issued or- renewed. Minn. Stat. § 349. 18, already restricts <br /> gambling to premises owned or leased by the organization - <br /> conducting the gambling, with certain limited exceptions. The <br /> authority granted by § 349 . 213, subd. 1 appears broad enough to <br /> permit the City to . impose other locational restrictions . <br /> 3 . . Can the City charge rent to organizations operating <br /> gambling equipment on premises owned by the City? <br /> Minn. Stat. § 349. 18 clearly permits lawful gambling <br /> to be conducted on premises leases by the licensed organization. <br /> Minn. Rules § 7860. 0010, subp . 1.7 defines "leased premises" as* <br /> "a building or place of- business, or a portion of _a building or <br /> place of business not. owned by a gambling organization, that is <br /> leased in its entirety by a gambling organization for use by the <br /> organization and its members, which_ use may include lawful <br /> gambling" (emphasis added) .. Under Minn. .Stat. § 412 . 2.11, a <br /> statutory city may lease its property "as its interests. <br /> require. " It therefore appears that the City could lease space <br /> in its liquor stores or on-sale establishments to gambling <br /> organization.s. Each lea-se must be for a period of one year or <br /> longer, however, and the rental payments cannot be based on a <br /> percentage of gambling receipts or profits. . Minn. Stat . <br /> § 349. 18 , .subd. 1. The statutes and regulations do not limit the <br /> amount of rent that can be charged. <br /> 4 . What is the age limit for lawful gambling? <br /> Minn.. Rule § 7860. 0290 states : "No ,person under the <br /> age of 18 may conduct or participate in playing the games of <br /> pull-tabs, ti.pboards or paddlewheels . " Neither the . statutes nor <br /> the regulations impose an age limit on the other forms of lawful <br /> gambling, i .e . , bingo and raffles . Presumably, the City would <br /> be free to limit all lawful gambling to persons 21 and over , if <br /> it wished to do so, pursuant to its authority under Minn. Stat. <br /> § 349 . 213 , subd. 1. <br /> 5 . Can the City take a percentage of the receipts or <br /> profits from lawful gambling? <br /> • This would appear to be contrary to the language of <br /> Minn. Stat . § 349 . 212, subds . 1 and 4 , which provide that the <br />
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