HF 2817

as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to gambling; increasing the minimum age from 
  1.3             18 to 21 for making pari-mutuel wagers, participating 
  1.4             in lawful gambling, and purchasing a ticket in the 
  1.5             state lottery; setting a minimum age of 21 for making 
  1.6             a private social bet; amending Minnesota Statutes 
  1.7             1994, sections 240.13, subdivision 8; 240.25, 
  1.8             subdivision 8; 349.2127, subdivision 8; 349A.08, 
  1.9             subdivision 3; 349A.12, subdivisions 1, 2, and 5; 
  1.10            609.75, subdivision 3; repealing Laws 1994, chapter 
  1.11            633, article 7, section 6, subdivision 2. 
  1.12  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.13     Section 1.  Minnesota Statutes 1994, section 240.13, 
  1.14  subdivision 8, is amended to read: 
  1.15     Subd. 8.  [PROHIBITED ACTS.] (a) A licensee may not accept 
  1.16  a bet or a pari-mutuel ticket for payment from any person under 
  1.17  the age of 18 21 years.  It is an affirmative defense to a 
  1.18  charge under this paragraph for the licensee to prove by a 
  1.19  preponderance of the evidence that the licensee, reasonably and 
  1.20  in good faith, relied upon representation of proof of age 
  1.21  described in section 340A.503, subdivision 6, in accepting the 
  1.22  bet or pari-mutuel ticket for payment. 
  1.23     Sec. 2.  Minnesota Statutes 1994, section 240.25, 
  1.24  subdivision 8, is amended to read: 
  1.25     Subd. 8.  [AGE UNDER 18 21.] A person under the age of 18 
  1.26  21 may not place a bet or present a pari-mutuel ticket for 
  1.27  payment with an approved pari-mutuel system. 
  1.28     Sec. 3.  Minnesota Statutes 1994, section 349.2127, 
  2.1   subdivision 8, is amended to read: 
  2.2      Subd. 8.  [MINIMUM AGE.] (a) A person under the age of 
  2.3   18 21 years may not buy a pull-tab, tipboard ticket, paddlewheel 
  2.4   ticket, or raffle ticket, or a chance to participate in a bingo 
  2.5   game other than a bingo game exempt or excluded from licensing.  
  2.6   Violation of this paragraph is a misdemeanor. 
  2.7      (b) A licensed organization or employee may not allow a 
  2.8   person under age 18 21 to participate in lawful gambling in 
  2.9   violation of paragraph (a).  Violation of this paragraph is a 
  2.10  misdemeanor. 
  2.11     (c) In a prosecution under paragraph (b), it is a defense 
  2.12  for the defendant to prove by a preponderance of the evidence 
  2.13  that the defendant reasonably and in good faith relied upon 
  2.14  representations of proof of age authorized in section 340A.503, 
  2.15  subdivision 6, paragraph (a). 
  2.16     Sec. 4.  Minnesota Statutes 1994, section 349A.08, 
  2.17  subdivision 3, is amended to read: 
  2.18     Subd. 3.  [PRIZES WON BY PERSONS UNDER AGE 18 21.] The 
  2.19  following provisions govern the payment of a lottery prize to a 
  2.20  person under age 18 21: 
  2.21     (1) if the prize is less than $5,000, the director may give 
  2.22  a draft, payable to the order of the person under age 18 21, to 
  2.23  the person's parents, custodial parent if one parent has 
  2.24  custody, guardian, or other adult member of the person's family; 
  2.25  and 
  2.26     (2) if the prize is $5,000 or more, the director shall 
  2.27  deposit the prize with the district court and section 540.08 
  2.28  applies to the investment and distribution of the money. 
  2.29     Sec. 5.  Minnesota Statutes 1994, section 349A.12, 
  2.30  subdivision 1, is amended to read: 
  2.31     Subdivision 1.  [PURCHASE BY MINORS UNDERAGE PERSONS.] A 
  2.32  person under the age of 18 21 years may not buy or redeem for a 
  2.33  prize a ticket in the state lottery. 
  2.34     Sec. 6.  Minnesota Statutes 1994, section 349A.12, 
  2.35  subdivision 2, is amended to read: 
  2.36     Subd. 2.  [SALE TO MINORS UNDERAGE PERSONS.] A lottery 
  3.1   retailer may not sell and a lottery retailer or other person may 
  3.2   not furnish or redeem for a prize a ticket in the state lottery 
  3.3   to any person under the age of 18 21 years.  It is an 
  3.4   affirmative defense to a charge under this subdivision for the 
  3.5   lottery retailer or other person to prove by a preponderance of 
  3.6   the evidence that the lottery retailer or other person 
  3.7   reasonably and in good faith relied upon representation of proof 
  3.8   of age described in section 340A.503, subdivision 6, in making 
  3.9   the sale or furnishing or redeeming the ticket. 
  3.10     Sec. 7.  Minnesota Statutes 1994, section 349A.12, 
  3.11  subdivision 5, is amended to read: 
  3.12     Subd. 5.  [EXCEPTIONS.] Nothing in this chapter prohibits 
  3.13  giving a state lottery ticket as a gift, provided that a state 
  3.14  lottery ticket may not be given to a person under the age of 18 
  3.15  21. 
  3.16     Sec. 8.  Minnesota Statutes 1994, section 609.75, 
  3.17  subdivision 3, is amended to read: 
  3.18     Subd. 3.  [WHAT ARE NOT BETS.] The following are not bets: 
  3.19     (1) A contract to insure, indemnify, guarantee or otherwise 
  3.20  compensate another for a harm or loss sustained, even though the 
  3.21  loss depends upon chance. 
  3.22     (2) A contract for the purchase or sale at a future date of 
  3.23  securities or other commodities. 
  3.24     (3) Offers of purses, prizes or premiums to the actual 
  3.25  contestants in any bona fide contest for the determination of 
  3.26  skill, speed, strength, endurance, or quality or to the bona 
  3.27  fide owners of animals or other property entered in such a 
  3.28  contest. 
  3.29     (4) The game of bingo when conducted in compliance with 
  3.30  sections 349.11 to 349.23. 
  3.31     (5) A private social bet not part of or incidental to 
  3.32  organized, commercialized, or systematic gambling, when made by 
  3.33  a person age 21 or over. 
  3.34     (6) The operation of equipment or the conduct of a raffle 
  3.35  under sections 349.11 to 349.22, by an organization licensed by 
  3.36  the gambling control board or an organization exempt from 
  4.1   licensing under section 349.166.  
  4.2      (7) Pari-mutuel betting on horse racing when the betting is 
  4.3   conducted under chapter 240.  
  4.4      (8) The purchase and sale of state lottery tickets under 
  4.5   chapter 349A.  
  4.6      Sec. 9.  [REPEALER.] 
  4.7      Laws 1994, chapter 633, article 7, section 6, subdivision 
  4.8   2, is repealed.