HF 679

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to liquor; authorizing football boards in 
  1.3             retail establishments licensed to sell alcoholic 
  1.4             beverages; amending Minnesota Statutes 1998, sections 
  1.5             340A.410, subdivision 5; 541.20; 541.21; 609.75, 
  1.6             subdivision 3; and 609.761, by adding a subdivision. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 1998, section 340A.410, 
  1.9   subdivision 5, is amended to read: 
  1.10     Subd. 5.  [GAMBLING PROHIBITED.] (a) No retail 
  1.11  establishment licensed to sell alcoholic beverages may keep, 
  1.12  possess, or operate, or permit the keeping, possession, or 
  1.13  operation on the licensed premises of dice or any gambling 
  1.14  device as defined in section 349.30, or permit gambling therein 
  1.15  except as provided in this subdivision.  
  1.16     (b) Gambling equipment may be kept or operated and raffles 
  1.17  conducted on licensed premises and adjoining rooms when the use 
  1.18  of the gambling equipment is authorized by (1) chapter 349, (2) 
  1.19  a tribal ordinance in conformity with the Indian Gaming 
  1.20  Regulatory Act, Public Law Number 100-497, or (3) a tribal-state 
  1.21  compact authorized under section 3.9221. 
  1.22     (c) Lottery tickets may be purchased and sold within the 
  1.23  licensed premises as authorized by the director of the lottery 
  1.24  under chapter 349A.  
  1.25     (d) A retail establishment licensed to sell alcoholic 
  1.26  beverages may conduct and operate football boards on the 
  2.1   licensed premises.  Retail establishments conducting football 
  2.2   boards shall not have a financial stake in the outcome of, nor 
  2.3   profit in any other way for operating the football board.  For 
  2.4   purposes of this subdivision, "football boards" are games 
  2.5   whereby individuals can enter, for a fee, a pool with other 
  2.6   participants and can win by most accurately selecting the 
  2.7   winning teams of football games in a particular week's schedule, 
  2.8   or by successful random selection of numbers corresponding to 
  2.9   scores or statistics in a particular game.  This subdivision 
  2.10  does not legalize sports gambling in general, nor any other form 
  2.11  of sports or football-related betting, such as sports 
  2.12  bookmaking, as defined in section 609.75. 
  2.13     Sec. 2.  Minnesota Statutes 1998, section 541.20, is 
  2.14  amended to read: 
  2.15     541.20 [RECOVERY OF MONEY LOST.] 
  2.16     Every person who, by playing at cards, dice, or other game, 
  2.17  or by betting on the hands or sides of such as are gambling, 
  2.18  shall lose to any person so playing or betting any sum of money 
  2.19  or any goods, and pays or delivers the same, or any part 
  2.20  thereof, to the winner, may sue for and recover such money by a 
  2.21  civil action, before any court of competent jurisdiction.  For 
  2.22  purposes of this section, gambling shall not include pari-mutuel 
  2.23  wagering conducted under a license issued pursuant to chapter 
  2.24  240, purchase or sale of tickets in the state lottery, or 
  2.25  gambling authorized under chapters 349 and 349A, or operation of 
  2.26  a football board pursuant to section 340A.410, subdivision 5. 
  2.27     Sec. 3.  Minnesota Statutes 1998, section 541.21, is 
  2.28  amended to read: 
  2.29     541.21 [COMMITMENTS FOR GAMBLING DEBT VOID.] 
  2.30     Every note, bill, bond, mortgage, or other security or 
  2.31  conveyance in which the whole or any part of the consideration 
  2.32  shall be for any money or goods won by gambling or playing at 
  2.33  cards, dice, or any other game whatever, or by betting on the 
  2.34  sides or hands of any person gambling, or for reimbursing or 
  2.35  repaying any money knowingly lent or advanced at the time and 
  2.36  place of such gambling or betting, or lent and advanced for any 
  3.1   gambling or betting to any persons so gambling or betting, shall 
  3.2   be void and of no effect as between the parties to the same, and 
  3.3   as to all persons except such as hold or claim under them in 
  3.4   good faith, without notice of the illegality of the 
  3.5   consideration of such contract or conveyance.  The provisions of 
  3.6   this section shall not apply to:  (1) pari-mutuel wagering 
  3.7   conducted under a license issued pursuant to chapter 240; (2) 
  3.8   purchase of tickets in the state lottery under chapter 349A; (3) 
  3.9   gaming activities conducted pursuant to the Indian Gaming 
  3.10  Regulatory Act, 25 U.S.C. 2701 et seq.; or (4) lawful gambling 
  3.11  activities permitted under chapter 349; or (5) football boards 
  3.12  authorized under section 340A.410, subdivision 5. 
  3.13     Sec. 4.  Minnesota Statutes 1998, section 609.75, 
  3.14  subdivision 3, is amended to read: 
  3.15     Subd. 3.  [WHAT ARE NOT BETS.] The following are not bets: 
  3.16     (1) A contract to insure, indemnify, guarantee or otherwise 
  3.17  compensate another for a harm or loss sustained, even though the 
  3.18  loss depends upon chance. 
  3.19     (2) A contract for the purchase or sale at a future date of 
  3.20  securities or other commodities. 
  3.21     (3) Offers of purses, prizes or premiums to the actual 
  3.22  contestants in any bona fide contest for the determination of 
  3.23  skill, speed, strength, endurance, or quality or to the bona 
  3.24  fide owners of animals or other property entered in such a 
  3.25  contest. 
  3.26     (4) The game of bingo when conducted in compliance with 
  3.27  sections 349.11 to 349.23. 
  3.28     (5) A private social bet not part of or incidental to 
  3.29  organized, commercialized, or systematic gambling. 
  3.30     (6) The operation of equipment or the conduct of a raffle 
  3.31  under sections 349.11 to 349.22, by an organization licensed by 
  3.32  the gambling control board or an organization exempt from 
  3.33  licensing under section 349.166.  
  3.34     (7) Pari-mutuel betting on horse racing when the betting is 
  3.35  conducted under chapter 240.  
  3.36     (8) The purchase and sale of state lottery tickets under 
  4.1   chapter 349A.  
  4.2      (9) The operation of a football board conducted in 
  4.3   compliance with section 340A.410, subdivision 5. 
  4.4      Sec. 5.  Minnesota Statutes 1998, section 609.761, is 
  4.5   amended by adding a subdivision to read: 
  4.6      Subd. 4.  [FOOTBALL BOARDS.] Sections 609.755, 609.76, and 
  4.7   609.762 do not prohibit a person from conducting and operating a 
  4.8   football board in compliance with section 340A.410, subdivision 
  4.9   5.