HF 1669

1st Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to gambling; providing for amusement games; amending Minnesota
Statutes 2006, section 609.75, subdivision 8, by adding a subdivision; proposing
coding for new law in Minnesota Statutes, chapter 299L.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [299L.085] AMUSEMENT GAME.
new text end

new text begin Subdivision 1. new text end

new text begin Permit. new text end

new text begin Any person possessing an amusement game and offering
play of the game for a consideration must obtain a permit from the director. An application
for a permit must contain the information required in section 299L.08, subdivision 2,
clauses (1), (2), (4), (6), and (9). The fee for a permit under this section is $....... annually
for each location. The director shall use the revenue generated by application fees to
offset the costs of administering the permitting process and for audits and inspections.
For the purposes of this section, an "amusement game" has the meaning given in section
609.75, subdivision 8a.
new text end

new text begin Subd. 2. new text end

new text begin Penalties. new text end

new text begin For the purpose of enforcing this section, the director shall
have all of the powers set forth in section 299L.03. Additionally, the director shall have
the power to issue citations pursuant to a fine schedule established by the director. No
single fine shall exceed $....... Citations may be issued for a violation of subdivision 1
and for altering or operating an amusement game contrary to the provisions of section
609.75, subdivision 8a.
new text end

new text begin Subd. 3. new text end

new text begin Inspection. new text end

new text begin Any person who possesses or intends to possess any
type, category, or model of video game for purposes of offering play of the game for
a consideration may request the director to examine the machine and to determine
whether or not the machine meets the definition of an amusement game as set forth in
section 609.75, subdivision 8a. The director shall conduct the examination and make a
determination as requested. A person making a request hereunder shall reimburse the
division for the services performed.
new text end

Sec. 2.

Minnesota Statutes 2006, section 609.75, subdivision 8, is amended to read:

Subd. 8.

Video game of chance.

A video game of chance is a game or device
that new text begin does not meet the requirements of subdivision 8a and which new text end simulates one or more
games commonly referred to as poker, blackjack, craps, hi-lo, roulette, or other common
gambling forms, though not offering any type of pecuniary award or gain to players. The
term also includes any video game having one or more of the following characteristics:

(1) it is primarily a game of chance, and has no substantial elements of skill involved;

(2) it awards game credits or replays and contains a meter or device that records
unplayed credits or replays. A video game that simulates horse racing that does not
involve a prize payout is not a video game of chance.

Sec. 3.

Minnesota Statutes 2006, section 609.75, is amended by adding a subdivision
to read:

new text begin Subd. 8a. new text end

new text begin Amusement games. new text end

new text begin A game which is not designed and manufactured
primarily for use in connection with gambling is not a "video game of chance" if it:
new text end

new text begin (1) does not reward the player with valuable consideration other than extended play
or replays or merchandise of nominal value contained within the device;
new text end

new text begin (2) does not contain a meter or other device that records unplayed credits or replays;
and
new text end

new text begin (3) is not used and is not designed, nor been altered or converted to use in the
playing phases of any gambling activity.
new text end