1st Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to gambling; amending various provisions 1.3 relating to lawful gambling; amending and providing 1.4 definitions; making technical, clarifying, and 1.5 conforming changes; amending Minnesota Statutes 2004, 1.6 sections 349.12, subdivisions 5, 25, 33, by adding a 1.7 subdivision; 349.15, subdivision 1; 349.151, 1.8 subdivisions 4, 4b; 349.152, subdivision 2; 349.153; 1.9 349.154, subdivision 1; 349.155, subdivision 3; 1.10 349.16, subdivision 8; 349.161, subdivision 5; 1.11 349.162, subdivisions 1, 4, 5; 349.163, subdivision 3; 1.12 349.1635, subdivision 4; 349.166, subdivisions 1, 2; 1.13 349.167, subdivision 1; 349.168, subdivision 8; 1.14 349.17, subdivisions 5, 7; 349.1711, subdivision 1; 1.15 349.173; 349.18, subdivision 1; 349.19, subdivisions 1.16 4, 10; 349.211, subdivision 2c; 349.2125, subdivision 1.17 1; 349.213; 609.75, subdivision 1; repealing Minnesota 1.18 Statutes 2004, sections 349.162, subdivision 3; 1.19 349.164; 349.17, subdivision 1. 1.20 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.21 Section 1. Minnesota Statutes 2004, section 349.12, is 1.22 amended by adding a subdivision to read: 1.23 Subd. 3c. [BAR BINGO.] "Bar bingo" is a bingo occasion 1.24 conducted at a permitted premises in an area where intoxicating 1.25 liquor or 3.2 percent malt beverages are sold and where the 1.26 licensed organization conducts another form of lawful gambling. 1.27 Sec. 2. Minnesota Statutes 2004, section 349.12, 1.28 subdivision 5, is amended to read: 1.29 Subd. 5. [BINGO OCCASION.] "Bingo occasion" means a single 1.30 gathering or session at which a series of one or more successive 1.31 bingo games is played. There is no limit on the number of games 1.32 conducted during a bingo occasion but a bingo occasion must not 2.1 last longer than eight consecutive hours. 2.2 Sec. 3. Minnesota Statutes 2004, section 349.12, 2.3 subdivision 25, is amended to read: 2.4 Subd. 25. [LAWFUL PURPOSE.] (a) "Lawful purpose" means one 2.5 or more of the following: 2.6 (1) any expenditure by or contribution to a 501(c)(3) or 2.7 festival organization, as defined in subdivision 15a, provided 2.8 that the organization and expenditure or contribution are in 2.9 conformity with standards prescribed by the board under section 2.10 349.154, which standards must apply to both types of 2.11 organizations in the same manner and to the same extent; 2.12 (2) a contribution to or expenditure for goods and services 2.13 for an individual or family suffering from poverty, 2.14 homelessness, orphysical or mentaldisability, which is used to 2.15 relieve the effects of thatpoverty, homelessness, or disability2.16 suffering; 2.17 (3)a contribution to an individual for treatment for2.18delayed posttraumatic stress syndrome ora contribution to a 2.19 program recognized by the Minnesota Department of Human Services 2.20 for the education, prevention, or treatment ofcompulsive2.21 problem gambling; 2.22 (4) a contribution to or expenditure on a public or private 2.23 nonprofit educational institution registered with or accredited 2.24 by this state or any other state; 2.25 (5) a contribution to a scholarship fund for defraying the 2.26 cost of education to individuals where the funds are awarded 2.27 through an open and fair selection process; 2.28 (6) activities by an organization or a government entity 2.29 which recognizehumanitarian ormilitary service to the United 2.30 States, the state of Minnesota, or a community, subject to rules 2.31 of the board, provided that the rules must not include mileage 2.32 reimbursements in the computation of the per diem reimbursement 2.33 limit and must impose no aggregate annual limit on the amount of 2.34 reasonable and necessary expenditures made to support: 2.35 (i) members of a military marching or color guard unit for 2.36 activities conducted within the state; 3.1 (ii) members of an organization solely for services 3.2 performed by the members at funeral services;or3.3 (iii) members of military marching, color guard, or honor 3.4 guard units may be reimbursed for participating in color guard, 3.5 honor guard, or marching unit events within the state or states 3.6 contiguous to Minnesota at a per participant rate of up to $35 3.7 per diem; or 3.8 (iv) active military personnel and their immediate family 3.9 members in need of support services; 3.10 (7) recreational, community, and athletic facilities and 3.11 activities intended primarily for persons under age 21, provided 3.12 that such facilities and activities do not discriminate on the 3.13 basis of gender and the organization complies with section 3.14 349.154; 3.15 (8) payment of local taxes authorized under this chapter, 3.16 taxes imposed by the United States on receipts from lawful 3.17 gambling, the taxes imposed by section 297E.02, subdivisions 1, 3.18 4, 5, and 6, and the tax imposed on unrelated business income by 3.19 section 290.05, subdivision 3; 3.20 (9) payment of real estate taxes and assessments on 3.21 permitted gambling premiseswhollyowned by the licensed 3.22 organization paying the taxes, or wholly leased by a licensed 3.23 veterans organization under a national charter recognized under 3.24 section 501(c)(19) of the Internal Revenue Code, not to exceed:3.25(i) for premises used for bingo, the amount that an3.26organization may expend under board rules on rent for bingo; and3.27(ii) $35,000 per year for premises used for other forms of3.28lawful gambling; 3.29 (10) a contribution to the United States, this state or any 3.30 of its political subdivisions, or any agency or instrumentality 3.31 thereof other than a direct contribution to a law enforcement or 3.32 prosecutorial agency; 3.33 (11) a contribution to or expenditure by a nonprofit 3.34 organization which is a church or body of communicants gathered 3.35 in common membership for mutual support and edification in 3.36 piety, worship, or religious observances; 4.1 (12) payment of the reasonable costs of an audit required 4.2 in section 297E.06, subdivision 4, provided the annual audit is 4.3 filed in a timely manner with the Department of Revenue and paid 4.4 prior to June 30, 2006; 4.5(13) a contribution to or expenditure on a wildlife4.6management project that benefits the public at-large, provided4.7that the state agency with authority over that wildlife4.8management project approves the project before the contribution4.9or expenditure is made;4.10(14) expenditures, approved by the commissioner of natural4.11resources, by an organization for grooming and maintaining4.12snowmobile trails and all-terrain vehicle trails that are (1)4.13grant-in-aid trails established under section 85.019, or (2)4.14other trails open to public use, including purchase or lease of4.15equipment for this purpose;4.16 (13) a contribution to or expenditure on projects or 4.17 activities approved by the commissioner of natural resources for: 4.18 (i) wildlife management projects that benefit the public at 4.19 large; 4.20 (ii) grant-in-aid trail maintenance and grooming 4.21 established under sections 84.83 and 84.927 and other trails 4.22 open to public use, including purchase or lease of equipment for 4.23 this purpose; and 4.24 (iii) supplies and materials for safety training and 4.25 educational programs coordinated by the Department of Natural 4.26 Resources including the Enforcement Division; 4.27(15)(14) conducting nutritional programs, food shelves, 4.28 and congregate dining programs primarily for persons who are age 4.29 62 or older or disabled; 4.30(16)(15) a contribution to a community arts organization, 4.31 or an expenditure to sponsor arts programs in the community, 4.32 including but not limited to visual, literary, performing, or 4.33 musical arts; 4.34(17)(16) an expenditure by a licensed veterans 4.35 organization for payment of water, fuel for heating, 4.36 electricity, and sewer costs for a building wholly owned or 5.1 wholly leased by and used as the primary headquarters of the 5.2 licensed veterans organization; 5.3(18)(17) expenditure by a licensed veterans organization 5.4 of up to $5,000 in a calendar year in net costs to the 5.5 organization for meals and other membership events, limited to 5.6 members and spouses, held in recognition of military service. 5.7 No more than $5,000 can be expended in total per calendar year 5.8 under this clause by all licensed veterans organizations sharing 5.9 the same veterans post home;or5.10(19)(18) payment of fees authorized under this chapter 5.11 imposed by the state of Minnesota to conduct lawful gambling in 5.12 Minnesota; or 5.13 (19) a contribution or expenditure to honor an individual's 5.14 humanitarian service as demonstrated through philanthropy or 5.15 volunteerism to the United States, this state, or local 5.16 community. 5.17 (b) Notwithstanding paragraph (a), "lawful purpose" does 5.18 not include: 5.19 (1) any expenditure made or incurred for the purpose of 5.20 influencing the nomination or election of a candidate for public 5.21 office or for the purpose of promoting or defeating a ballot 5.22 question; 5.23 (2) any activity intended to influence an election or a 5.24 governmental decision-making process; 5.25 (3) the erection, acquisition, improvement, expansion, 5.26 repair, or maintenance of real property or capital assets owned 5.27 or leased by an organization, unless the board has first 5.28 specifically authorized the expenditures after finding that (i) 5.29 the real property or capital assets will be used exclusively for 5.30 one or more of the purposes in paragraph (a); (ii) with respect 5.31 to expenditures for repair or maintenance only, that the 5.32 property is or will be used extensively as a meeting place or 5.33 event location by other nonprofit organizations or community or 5.34 service groups and that no rental fee is charged for the use; 5.35 (iii) with respect to expenditures, including a mortgage payment 5.36 or other debt service payment, for erection or acquisition only, 6.1 that the erection or acquisition is necessary to replace with a 6.2 comparable building, a building owned by the organization and 6.3 destroyed or made uninhabitable by fire ornatural6.4disastercatastrophe, provided that the expenditure may be only 6.5 for that part of the replacement cost not reimbursed by 6.6 insurance; (iv) with respect to expenditures, including a 6.7 mortgage payment or other debt service payment, for erection or 6.8 acquisition only, that the erection or acquisition is necessary 6.9 to replace with a comparable building a building owned by the 6.10 organization that was acquired from the organization by eminent 6.11 domain or sold by the organization to a purchaser that the 6.12 organization reasonably believed would otherwise have acquired 6.13 the building by eminent domain, provided that the expenditure 6.14 may be only for that part of the replacement cost that exceeds 6.15 the compensation received by the organization for the building 6.16 being replaced; or (v) with respect to an expenditure to bring 6.17 an existing building into compliance with the Americans with 6.18 Disabilities Act under item (ii), an organization has the option 6.19 to apply the amount of the board-approved expenditure to the 6.20 erection or acquisition of a replacement building that is in 6.21 compliance with the Americans with Disabilities Act; 6.22 (4) an expenditure by an organization which is a 6.23 contribution to a parent organization, foundation, or affiliate 6.24 of the contributing organization, if the parent organization, 6.25 foundation, or affiliate has provided to the contributing 6.26 organization within one year of the contribution any money, 6.27 grants, property, or other thing of value; 6.28 (5) a contribution by a licensed organization to another 6.29 licensed organization unless the board has specifically 6.30 authorized the contribution. The board must authorize such a 6.31 contribution when requested to do so by the contributing 6.32 organization unless it makes an affirmative finding that the 6.33 contribution will not be used by the recipient organization for 6.34 one or more of the purposes in paragraph (a); or 6.35 (6) a contribution to a statutory or home rule charter 6.36 city, county, or town by a licensed organization with the 7.1 knowledge that the governmental unit intends to use the 7.2 contribution for a pension or retirement fund. 7.3 [EFFECTIVE DATE.] The effective date for paragraph (a), 7.4 clause (9), is January 1, 2006. All other changes in section 3 7.5 are effective the day following final enactment. 7.6 Sec. 4. Minnesota Statutes 2004, section 349.12, 7.7 subdivision 33, is amended to read: 7.8 Subd. 33. [RAFFLE.] "Raffle" means a game in which a 7.9 participant buys a ticketfor a chance at a prize with the7.10winner determined by a random drawing to take place at a7.11location and date printed upon the ticketor other certificate 7.12 of participation in an event where the prize determination is 7.13 based on a method of random selection and all entries have an 7.14 equal chance of selection. The ticket or certificate of 7.15 participation must include the location, date, and time of the 7.16 selection of the winning entries. 7.17 [EFFECTIVE DATE.] This section is effective the day 7.18 following final enactment. 7.19 Sec. 5. Minnesota Statutes 2004, section 349.15, 7.20 subdivision 1, is amended to read: 7.21 Subdivision 1. [EXPENDITURE RESTRICTIONS.] Gross profits 7.22 from lawful gambling may be expended only for lawful purposes or 7.23 allowable expenses as authorized by the membership of the 7.24 conducting organization at a monthly meeting of the 7.25 organization's membership. Provided that no more than 70 7.26 percent of the gross profit less the tax imposed under section 7.27 297E.02, subdivision 1, from bingo, and no more than5560 7.28 percent of the gross profit from other forms of lawful gambling, 7.29 may be expended biennially during the term of the license for 7.30 allowable expenses related to lawful gambling. 7.31 [EFFECTIVE DATE.] This section is effective for licenses 7.32 issued after June 30, 2006. 7.33 Sec. 6. Minnesota Statutes 2004, section 349.151, 7.34 subdivision 4, is amended to read: 7.35 Subd. 4. [POWERS AND DUTIES.] (a) The board has the 7.36 following powers and duties: 8.1 (1) to regulate lawful gambling to ensure it is conducted 8.2 in the public interest; 8.3 (2) to issue licenses to organizations, distributors, 8.4 distributor salespersons,bingo halls,manufacturers, linked 8.5 bingo game providers, and gambling managers; 8.6 (3) to collect and deposit license, permit, and 8.7 registration fees due under this chapter; 8.8 (4) to receive reports required by this chapter and inspect 8.9 all premises, records, books, and other documents of 8.10 organizations, distributors, manufacturers, and linked bingo 8.11 game providers, and bingo hallsto insure compliance with all 8.12 applicable laws and rules; 8.13 (5) to make rules authorized by this chapter; 8.14 (6) to register gambling equipment and issue registration 8.15 stamps; 8.16 (7) to provide by rule for the mandatory posting by 8.17 organizations conducting lawful gambling of rules of play and 8.18 the odds and/or house percentage on each form of lawful 8.19 gambling; 8.20 (8) to report annually to the governor and legislature on 8.21 its activities and on recommended changes in the laws governing 8.22 gambling; 8.23 (9) to impose civil penalties of not more than $500 per 8.24 violation on organizations, distributors, distributor 8.25 salespersons, manufacturers,bingo halls,linked bingo game 8.26 providers, and gambling managers for failure to comply with any 8.27 provision of this chapter or any rule or order of the board; 8.28 (10) to issue premises permits to organizations licensed to 8.29 conduct lawful gambling; 8.30 (11) to delegate to the director the authority to issue or 8.31 deny license and premises permit applications and renewals under 8.32 criteria established by the board; 8.33 (12) to delegate to the director the authority to approve 8.34 or deny fund loss requests, contribution of gambling funds to 8.35 another licensed organization, and property expenditure requests 8.36 under criteria established by the board; 9.1 (13) to suspend or revoke licenses and premises permits of 9.2 organizations, distributors, distributor salespersons, 9.3 manufacturers,bingo halls,linked bingo game providers, or 9.4 gambling managers as provided in this chapter; 9.5(13)(14) to register employees of organizations licensed 9.6 to conduct lawful gambling; 9.7(14)(15) to require fingerprints from persons determined 9.8 by board rule to be subject to fingerprinting; 9.9(15)(16) to delegate to a compliance review group of the 9.10 board the authority to investigate alleged violations, issue 9.11 consent orders, and initiate contested cases on behalf of the 9.12 board; 9.13(16)(17) to order organizations, distributors, distributor 9.14 salespersons, manufacturers,bingo halls,linked bingo game 9.15 providers, and gambling managers to take corrective actions; and 9.16(17)(18) to take all necessary steps to ensure the 9.17 integrity of and public confidence in lawful gambling. 9.18 (b) The board, or director if authorized to act on behalf 9.19 of the board, may by citation assess any organization, 9.20 distributor,employee eligible to make sales on behalf of a9.21 distributor salesperson, manufacturer,bingo hall licensee,9.22 linked bingo game provider, or gambling manager a civil penalty 9.23 of not more than $500 per violation for a failure to comply with 9.24 any provision of this chapter or any rule adopted or order 9.25 issued by the board. Any organization, distributor,bingo hall9.26licenseedistributor salesperson, gambling manager, linked bingo 9.27 game provider, or manufacturer assessed a civil penalty under 9.28 this paragraph may request a hearing before the board. Appeals 9.29 of citations imposing a civil penalty are not subject to the 9.30 provisions of the Administrative Procedure Act. 9.31 (c) All penalties received by the board must be deposited 9.32 in the general fund. 9.33 (d) All fees imposed by the board under sections 349.16 to 9.34 349.167 must be deposited in the state treasury and credited to 9.35 a lawful gambling regulation account in the special revenue 9.36 fund. Receipts in this account are available for the operations 10.1 of the board up to the amount authorized in biennial 10.2 appropriations from the legislature. 10.3 Sec. 7. Minnesota Statutes 2004, section 349.151, 10.4 subdivision 4b, is amended to read: 10.5 Subd. 4b. [PULL-TAB SALES FROM DISPENSING DEVICES.] (a) 10.6 The board may by rule authorize but not require the use of 10.7 pull-tab dispensing devices. 10.8 (b) Rules adopted under paragraph (a): 10.9 (1) must limit the number of pull-tab dispensing devices on 10.10 any permitted premises to three; and 10.11 (2) must limit the use of pull-tab dispensing devices to a 10.12 permitted premises which is (i) a licensed premises for on-sales 10.13 of intoxicating liquor or 3.2 percent malt beverages; or (ii) a 10.14licensed bingo hall that allows gambling only bypremises where 10.15 bingo is conducted and admission is restricted to persons 18 10.16 years or older. 10.17 (c) Notwithstanding rules adopted under paragraph (b), 10.18 pull-tab dispensing devices may be used in establishments 10.19 licensed for the off-sale of intoxicating liquor, other than 10.20 drugstores and general food stores licensed under section 10.21 340A.405, subdivision 1. 10.22 Sec. 8. Minnesota Statutes 2004, section 349.152, 10.23 subdivision 2, is amended to read: 10.24 Subd. 2. [DUTIES OF DIRECTOR.] The director has the 10.25 following duties: 10.26 (1) to carry out gambling policy established by the board; 10.27 (2) to employ and supervise personnel of the board; 10.28 (3) to advise and make recommendations to the board on 10.29 rules, policy, and legislative initiatives; 10.30 (4) to approve or deny operational requests from licensees 10.31 as delegated by the board; 10.32 (5) to issue licenses and premises permits as authorized by 10.33 the board; 10.34(5)(6) to issue cease and desist orders; 10.35(6)(7) to make recommendations to the board on license 10.36 issuance, denial, censure, suspension and revocation, civil 11.1 penalties, and corrective action the board imposes; 11.2(7)(8) to ensure that board rules, policy, and decisions 11.3 are adequately and accurately conveyed to the board's licensees; 11.4(8)(9) to conduct investigations, inspections, compliance 11.5 reviews, and audits under this chapter; and 11.6(9)(10) to issue subpoenas to compel the attendance of 11.7 witnesses and the production of documents, books, records, and 11.8 other evidence relating to an investigation, compliance review, 11.9 or audit the director is authorized to conduct. 11.10 Sec. 9. Minnesota Statutes 2004, section 349.153, is 11.11 amended to read: 11.12 349.153 [CONFLICT OF INTEREST.] 11.13 (a) A person may not serve on the board, be the director, 11.14 or be an employee of the board who has an interest in any 11.15 corporation, association, limited liability company, or 11.16 partnership that is licensed by the board as a distributor, 11.17 manufacturer, or linked bingo game provider, or bingo hallunder 11.18 section 349.164. 11.19 (b) A member of the board, the director, or an employee of 11.20 the board may not accept employment with, receive compensation 11.21 directly or indirectly from, or enter into a contractual 11.22 relationship with an organization that conducts lawful gambling, 11.23 a distributor, a linked bingo game provider,a bingo hall,or a 11.24 manufacturer while employed with or a member of the board or 11.25 within one year after terminating employment with or leaving the 11.26 board. 11.27 (c) A distributor,bingo hall,manufacturer, linked bingo 11.28 game provider, or organization licensed to conduct lawful 11.29 gambling may not hire a former employee, director, or member of 11.30 the Gambling Control Board for one year after the employee, 11.31 director, or member has terminated employment with or left the 11.32 Gambling Control Board. 11.33 Sec. 10. Minnesota Statutes 2004, section 349.154, 11.34 subdivision 1, is amended to read: 11.35 Subdivision 1. [STANDARDS FOR CERTAIN ORGANIZATIONS.]The11.36board shall by rule prescribeStandards that must be met by any 12.1 licensed organization that is a 501(c)(3) organization. The12.2standards must provideinclude: 12.3 (1)operating standards for the organization, includinga 12.4 maximum percentageor percentagesnot to exceed 30 percent of 12.5 the organization's total expendituresthat may be expendedfor 12.6 the organization's administration andoperationfund-raising as 12.7 reported biennially to and in a format prescribed by the board; 12.8 and 12.9 (2)standardsfor any expenditure by the organization of 12.10 net profits from lawful gambling,including a requirementthat 12.11 the expenditure be related to the primary purpose of the 12.12 organization or meet the criteria of a lawful purpose donation 12.13 as defined in section 349.12, subdivision 25. 12.14 [EFFECTIVE DATE.] This section is effective for licenses 12.15 issued after June 30, 2006. 12.16 Sec. 11. Minnesota Statutes 2004, section 349.155, 12.17 subdivision 3, is amended to read: 12.18 Subd. 3. [MANDATORY DISQUALIFICATIONS.] (a) In the case of 12.19 licenses for manufacturers, distributors, distributor 12.20 salespersons,bingo halls,linked bingo game providers, and 12.21 gambling managers, the board may not issue or renew a license 12.22 under this chapter, and shall revoke a license under this 12.23 chapter, if the applicant or licensee, or a director, officer, 12.24 partner, governor, or person in a supervisory or management 12.25 position of the applicant or licensee: 12.26 (1) has ever been convicted of a felony or a crime 12.27 involving gambling; 12.28 (2) has ever been convicted of (i) assault, (ii) a criminal 12.29 violation involving the use of a firearm, or (iii) making 12.30 terroristic threats; 12.31 (3) is or has ever been connected with or engaged in an 12.32 illegal business; 12.33 (4) owes $500 or more in delinquent taxes as defined in 12.34 section 270.72; 12.35 (5) had a sales and use tax permit revoked by the 12.36 commissioner of revenue within the past two years; or 13.1 (6) after demand, has not filed tax returns required by the 13.2 commissioner of revenue. The board may deny or refuse to renew 13.3 a license under this chapter, and may revoke a license under 13.4 this chapter, if any of the conditions in this paragraph are 13.5 applicable to an affiliate or direct or indirect holder of more 13.6 than a five percent financial interest in the applicant or 13.7 licensee. 13.8 (b) In the case of licenses for organizations, the board 13.9 may not issue or renew a license under this chapter, and shall 13.10 revoke a license under this chapter, if the organization, or an 13.11 officer or member of the governing body of the organization: 13.12 (1) has been convicted of a felony or gross misdemeanor 13.13within the five years before the issuance or renewal of the13.14licenseinvolving theft or fraud; 13.15 (2) has ever been convicted of a crime involving gambling; 13.16 or 13.17 (3) has had a license issued by the board or director 13.18 permanently revoked for violation of law or board rule. 13.19 Sec. 12. Minnesota Statutes 2004, section 349.16, 13.20 subdivision 8, is amended to read: 13.21 Subd. 8. [LOCAL INVESTIGATION FEE.] A statutory or home 13.22 rule charter city or county notified under section 349.213, 13.23 subdivision 2, may assess an investigation fee on organizations 13.24or bingo hallsapplying for or renewing a premises permitor a13.25bingo hall license. An investigation fee may not exceed the 13.26 following limits: 13.27 (1) for cities of the first class, $500; 13.28 (2) for cities of the second class, $250; 13.29 (3) for all other cities, $100; and 13.30 (4) for counties, $375. 13.31 Sec. 13. Minnesota Statutes 2004, section 349.161, 13.32 subdivision 5, is amended to read: 13.33 Subd. 5. [PROHIBITION.] (a) No distributor, distributor 13.34 salesperson, or other employee of a distributor, may also be a 13.35 wholesale distributor of alcoholic beverages or an employee of a 13.36 wholesale distributor of alcoholic beverages. 14.1 (b) No distributor, distributor salesperson, or any 14.2 representative, agent, affiliate, or other employee of a 14.3 distributor, may: (1) be involved in the conduct of lawful 14.4 gambling by an organization; (2) keep or assist in the keeping 14.5 of an organization's financial records, accounts, and 14.6 inventories; or (3) prepare or assist in the preparation of tax 14.7 forms and other reporting forms required to be submitted to the 14.8 state by an organization. 14.9 (c) No distributor, distributor salesperson, or any 14.10 representative, agent, affiliate, or other employee of a 14.11 distributor may provide a lessor of gambling premises any 14.12 compensation, gift, gratuity, premium, or other thing of value. 14.13 (d) No distributor, distributor salesperson, or any 14.14 representative, agent, affiliate, or other employee of a 14.15 distributor may provide an employee or agent of the organization 14.16 any compensation, gift, gratuity, premium, or other thing of 14.17 value greater than $25 per organization in a calendar year. 14.18 (e) No distributor, distributor salesperson, or any 14.19 representative, agent, affiliate, or other employee of a 14.20 distributor may participate in any gambling activity at any 14.21 gambling site or premises where gambling equipment purchased 14.22 from that distributor or distributor salesperson is being used 14.23 in the conduct of lawful gambling. 14.24(e)(f) No distributor, distributor salesperson, or any 14.25 representative, agent, affiliate, or other employee of a 14.26 distributor may alter or modify any gambling equipment, except 14.27 to add a "last ticket sold" prize sticker. 14.28(f)(g) No distributor, distributor salesperson, or any 14.29 representative, agent, affiliate, or other employee of a 14.30 distributor may: (1) recruit a person to become a gambling 14.31 manager of an organization or identify to an organization a 14.32 person as a candidate to become gambling manager for the 14.33 organization; or (2) identify for an organization a potential 14.34 gambling location. 14.35(g)(h) No distributor or distributor salesperson may 14.36 purchase gambling equipment for resale to a person for use 15.1 within the state from any person not licensed as a manufacturer 15.2 under section 349.163, except for gambling equipment returned 15.3 from an organization licensed under section 349.16, or exempt or 15.4 excluded from licensing under section 349.166. 15.5(h)(i) No distributor or distributor salesperson may sell 15.6 gambling equipment to any person for use in Minnesota other than 15.7 (i) a licensed organization or organization excluded or exempt 15.8 from licensing, or (ii) the governing body of an Indian tribe. 15.9(i)(j) No distributor or distributor salesperson may sell 15.10 or otherwise provide a pull-tab or tipboard deal with the symbol 15.11 required by section 349.163, subdivision 5, paragraph (h), 15.12 visible on the flare to any person other than in Minnesota to a 15.13 licensed organization or organization exempt from licensing. 15.14 Sec. 14. Minnesota Statutes 2004, section 349.162, 15.15 subdivision 1, is amended to read: 15.16 Subdivision 1. [STAMPREGISTRATION REQUIRED.](a)A 15.17 distributor may not sell, transfer, furnish, or otherwise 15.18 provide to a person, and no person may purchase, borrow, accept, 15.19 or acquire from a distributor gambling equipment for use within 15.20 the state unless the equipment has been registered with the 15.21 boardand has a registration stamp affixed, except for gambling15.22equipment not stamped by the manufacturer pursuant to section15.23349.163, subdivision 5 or 8. Each stamp must bear a15.24registration number assigned by the board.15.25(b) A manufacturer must return all unused registration15.26stamps in its possession to the board by February 1, 1995. No15.27manufacturer may possess unaffixed registration stamps after15.28February 1, 1995.15.29(c) After February 1, 1996, no person may possess any15.30unplayed pull-tab or tipboard deals with a registration stamp15.31affixed to the flare or any unplayed paddleticket cards with a15.32registration stamp affixed to the master flare. This paragraph15.33does not apply to unplayed pull-tab or tipboard deals with a15.34registration stamp affixed to the flare, or to unplayed15.35paddleticket cards with a registration stamp affixed to the15.36master flare, if the deals or cards are identified on a list of16.1existing inventory submitted by a licensed organization or a16.2licensed distributor, in a format prescribed by the commissioner16.3of revenue, to the commissioner of revenue on or before February16.41, 1996or the Department of Revenue in a manner prescribed by 16.5 the board or the Department of Revenue. Gambling equipment kept 16.6 in violation of thisparagraphsubdivision is contraband under 16.7 section 349.2125. 16.8 Sec. 15. Minnesota Statutes 2004, section 349.162, 16.9 subdivision 4, is amended to read: 16.10 Subd. 4. [PROHIBITION.] (a) No person other than a 16.11 licensed distributoror licensed manufacturermay possess 16.12 unaffixed registration stamps issued by the board for the 16.13 purpose of registering gambling equipment. 16.14 (b) Unless otherwise provided in this chapter, no person 16.15 may possess gambling equipment that has not beenstamped and16.16 registered. 16.17 (c) On and after January 1, 1991, no distributor may: 16.18 (1) sell a bingo hard card or paper sheet that does not 16.19 bear an individual number; or 16.20 (2) sell a package of bingo paper sheets that does not 16.21 contain bingo paper sheets in numerical order. 16.22 Sec. 16. Minnesota Statutes 2004, section 349.162, 16.23 subdivision 5, is amended to read: 16.24 Subd. 5. [SALES FROM FACILITIES.] (a) All gambling 16.25 equipment purchased or possessed by a licensed distributor for 16.26 resale to any person for use in Minnesota must, prior to the 16.27 equipment's resale, be unloaded into a storage facility located 16.28 in Minnesota which the distributor owns or leases; and which has 16.29 been registered, in advance and in writing, with the Division of 16.30 Alcohol and Gambling Enforcement as a storage facility of the 16.31 distributor. All unregistered gambling equipment and all 16.32 unaffixed registration stamps owned by, or in the possession of, 16.33 a licensed distributor in the state of Minnesota shall be stored 16.34 at a storage facility which has been registered with the 16.35 Division of Alcohol and Gambling Enforcement. No gambling 16.36 equipment may be moved from the facility unless the gambling 17.1 equipment has been first registered with the board, except for17.2gambling equipment not stamped by the manufacturer pursuant to17.3section 349.163, subdivision 5 or 8or the Department of Revenue. 17.4 (b) Notwithstanding section 349.163, subdivisions 5, 6, and 17.5 8, a licensed manufacturer may ship into Minnesota approved or 17.6 unapproved gambling equipment if the licensed manufacturer ships 17.7 the gambling equipment to a Minnesota storage facility that is: 17.8 (1) owned or leased by the licensed manufacturer; and (2) 17.9 registered, in advance and in writing, with the Division of 17.10 Alcohol and Gambling Enforcement as a manufacturer's storage 17.11 facility. No gambling equipment may be shipped into Minnesota 17.12 to the manufacturer's registered storage facility unless the 17.13 shipment of the gambling equipment is reported to the Department 17.14 of Revenue in a manner prescribed by the department. No 17.15 gambling equipment may be moved from the storage facility unless 17.16 the gambling equipment is sold to a licensed distributor and is 17.17 otherwise in conformity with this chapter, is shipped to an 17.18 out-of-state site and the shipment is reported to the Department 17.19 of Revenue in a manner prescribed by the department, or is 17.20 otherwise sold and shipped as permitted by board rule. 17.21 (c) All storage facilities owned, leased, used, or operated 17.22 by a licensed distributor or manufacturer may be entered upon 17.23 and inspected by the employees of the Division of Alcohol and 17.24 Gambling Enforcement, the Division of Alcohol and Gambling 17.25 Enforcement director's authorized representatives, employees of 17.26 the Gambling Control Board or its authorized representatives, 17.27 employees of the Department of Revenue, or authorized 17.28 representatives of the director of the Division of Special Taxes 17.29 of the Department of Revenue during reasonable and regular 17.30 business hours. Obstruction of, or failure to permit, entry and 17.31 inspection is cause for revocation or suspension of a 17.32 manufacturer's or distributor's licenses and permits issued 17.33 under this chapter. 17.34 (d) Unregistered gambling equipment and unaffixed 17.35 registration stamps found at any location in Minnesota other 17.36 than the manufacturing plant of a licensed manufacturer or a 18.1 registered storage facility are contraband under section 18.2 349.2125. This paragraph does not apply: 18.3 (1) to unregistered gambling equipment being transported in 18.4 interstate commerce between locations outside this state, if the 18.5 interstate shipment is verified by a bill of lading or other 18.6 valid shipping document; and 18.7 (2) to gambling equipmentnot stamped by the manufacturer18.8pursuant to section 349.163, subdivision 5 or 8registered with 18.9 the Department of Revenue for distribution to the tribal casinos. 18.10 Sec. 17. Minnesota Statutes 2004, section 349.163, 18.11 subdivision 3, is amended to read: 18.12 Subd. 3. [PROHIBITED SALES.] (a) A manufacturer may not: 18.13 (1) sell gambling equipment for use or resale within the 18.14 state to any person not licensed as a distributor, except that 18.15 gambling equipment used exclusively in a linked bingo game may 18.16 be sold to a licensed linked bingo provider; or 18.17 (2) sell gambling equipment to a distributor in this state 18.18 that has the same serial number as another item of gambling 18.19 equipment of the same type that is sold by that manufacturer for 18.20 use or resale in this state. 18.21 (b) A manufacturer, affiliate of a manufacturer, or person 18.22 acting as a representative or agent of a manufacturer may not 18.23 provide a lessor of gambling premises or an appointed official 18.24 any compensation, gift, gratuity, premium, contribution, or 18.25 other thing of value. 18.26 (c) A manufacturer may not sell or otherwise provide a 18.27 pull-tab or tipboard deal with the symbol required by 18.28 subdivision 5, paragraph(h)(d), imprinted on the flare to any 18.29 person other than a licensed distributor unless the manufacturer 18.30 first renders the symbol permanently invisible. 18.31 Sec. 18. Minnesota Statutes 2004, section 349.1635, 18.32 subdivision 4, is amended to read: 18.33 Subd. 4. [PROHIBITION.] (a) Except for services associated 18.34 exclusively with a linked bingo game, a linked bingo game 18.35 provider may not participate or assist in the conduct of lawful 18.36 gambling by an organization. No linked bingo game provider may: 19.1 (1)also be licensed as a bingo hall orhold any financial 19.2 or managerial interest in a premises leased for the conduct of 19.3 bingohall; 19.4 (2) also be licensed as a distributor or hold any financial 19.5 or managerial interest in a distributor; 19.6 (3) sell or lease linked bingo game equipment to any person 19.7 not licensed as an organization; 19.8 (4) purchase gambling equipment to be used exclusively in a 19.9 linked bingo game from any person not licensed as a manufacturer 19.10 under section 349.163; and 19.11 (5) provide an organization, a lessor of gambling premises, 19.12 or an appointed official any compensation, gift, gratuity, 19.13 premium, or contribution. 19.14 (b) Employees of the board and the Division of Alcohol and 19.15 Gambling Enforcement may inspect the books, records, inventory, 19.16 and business premises of a licensed linked bingo game provider 19.17 without notice during the normal business hours of the linked 19.18 bingo game provider. The board may charge a linked bingo game 19.19 provider for the actual cost of conducting scheduled or 19.20 unscheduled inspections of the licensee's facilities. 19.21 Sec. 19. Minnesota Statutes 2004, section 349.166, 19.22 subdivision 1, is amended to read: 19.23 Subdivision 1. [EXCLUSIONS.] (a) Bingo, with the exception 19.24 of linked bingo games, may be conducted without a license and 19.25 without complying with sections 349.168, subdivisions 1 and 2; 19.26 349.17, subdivisions 1, 4, and 5; 349.18, subdivision 1; and 19.27 349.19, if it is conducted: 19.28 (1) by an organization in connection with a county fair, 19.29 the state fair, or a civic celebration and is not conducted for 19.30 more than 12 consecutive days and is limited to no more than 19.31 four separate applications for activities applied for and 19.32 approved in a calendar year; or 19.33 (2) by an organization that conducts four or fewer bingo 19.34 occasions in a calendar year. 19.35 An organization that holds a license to conduct lawful 19.36 gambling under this chapter may not conduct bingo under this 20.1 subdivision. 20.2 (b) Bingo may be conducted within a nursing home or a 20.3 senior citizen housing project or by a senior citizen 20.4 organization if the prizes for a single bingo game do not exceed 20.5 $10, total prizes awarded at a single bingo occasion do not 20.6 exceed $200, no more than two bingo occasions are held by the 20.7 organization or at the facility each week, only members of the 20.8 organization or residents of the nursing home or housing project 20.9 are allowed to play in a bingo game, no compensation is paid for 20.10 any persons who conduct the bingo, and a manager is appointed to 20.11 supervise the bingo. Bingo conducted under this paragraph is 20.12 exempt from sections 349.11 to 349.23, and the board may not 20.13 require an organization that conducts bingo under this 20.14 paragraph, or the manager who supervises the bingo, to register 20.15 or file a report with the board. The gross receipts from bingo 20.16 conducted under the limitations of this subdivision are exempt 20.17 from taxation under chapter 297A. 20.18 (c) Raffles may be conducted by an organization withouta20.19license and without complying with sections 349.154 to 349.16520.20and 349.167 to 349.213registering with the board if the value 20.21 of all raffle prizes awarded by the organization in a calendar 20.22 year does not exceed $1,500. 20.23 (d) Except as provided in paragraph (b), the organization 20.24 must maintain all required records of excluded gambling activity 20.25 for 3-1/2 years. 20.26 Sec. 20. Minnesota Statutes 2004, section 349.166, 20.27 subdivision 2, is amended to read: 20.28 Subd. 2. [EXEMPTIONS.] (a) Lawful gambling, with the 20.29 exception of linked bingo games, may be conducted by an 20.30 organization without a license and without complying with 20.31 sections 349.168, subdivisions 1 and 2; 349.17, subdivisions 4 20.32 and 5; 349.18, subdivision 1; and 349.19 if: 20.33 (1) the organization conducts lawful gambling on five or 20.34 fewer days in a calendar year; 20.35 (2) the organization does not award more than $50,000 in 20.36 prizes for lawful gambling in a calendar year; 21.1 (3) the organization pays a fee of $50 to the board, 21.2 notifies the board in writing not less than 30 days before each 21.3 lawful gambling occasion of the date and location of the 21.4 occasion, or 60 days for an occasion held in the case of a city 21.5 of the first class, the types of lawful gambling to be 21.6 conducted, the prizes to be awarded, and receives an exemption 21.7 identification number; 21.8 (4) the organization notifies the local government unit 30 21.9 days before the lawful gambling occasion, or 60 days for an 21.10 occasion held in a city of the first class; 21.11 (5) the organization purchases all gambling equipment and 21.12 supplies from a licensed distributor; and 21.13 (6) the organization reports to the board, on a single-page 21.14 form prescribed by the board, within 30 days of each gambling 21.15 occasion, the gross receipts, prizes, expenses, expenditures of 21.16 net profits from the occasion, and the identification of the 21.17 licensed distributor from whom all gambling equipment was 21.18 purchased. 21.19 (b) If the organization fails to file a timely report as 21.20 required by paragraph (a), clause (3) or (6), the board shall 21.21 not issue any authorization, license, or permit to the 21.22 organization to conduct lawful gambling on an exempt, excluded, 21.23 or licensed basis until the report has been filed and the 21.24 organization may be subject to penalty as determined by the 21.25 board. 21.26 (c) Merchandise prizes must be valued at their fair market 21.27 value. 21.28 (d) Unused pull-tab and tipboard deals must be returned to 21.29 the distributor within seven working days after the end of the 21.30 lawful gambling occasion. The distributor must accept and pay a 21.31 refund for all returns of unopened and undamaged deals returned 21.32 under this paragraph. 21.33 (e) An organization that is exempt from taxation on 21.34 purchases of pull-tabs and tipboards under section 297E.02, 21.35 subdivision 4, paragraph (b), clause (4), must return to the 21.36 distributor any tipboard or pull-tab deal no part of which is 22.1 used at the lawful gambling occasion for which it was purchased 22.2 by the organization. 22.3 (f) The organization must maintain all required records of 22.4 exempt gambling activity for 3-1/2 years. 22.5 Sec. 21. Minnesota Statutes 2004, section 349.167, 22.6 subdivision 1, is amended to read: 22.7 Subdivision 1. [GAMBLING MANAGER REQUIRED.] (a) All lawful 22.8 gambling conducted by a licensed organization must be under the 22.9 supervision of a gambling manager. A gambling manager 22.10 designated by an organization to supervise lawful gambling is 22.11 responsible for the gross receipts of the organization and for 22.12 its conduct in compliance with all laws and rules. A person 22.13 designated as a gambling manager shall maintain afidelity22.14 dishonesty bond in the sum of $10,000 in favor of the 22.15 organization conditioned on the faithful performance of the 22.16 manager's duties. The terms of the bond must provide that 22.17 notice be given to the board in writing not less than 30 days 22.18 before its cancellation. 22.19 (b) A person may not act as a gambling manager for more 22.20 than one organization. 22.21 (c) An organization may not conduct lawful gambling without 22.22 having a gambling manager. 22.23 (d) An organization may not have more than one gambling 22.24 manager at any time. 22.25 Sec. 22. Minnesota Statutes 2004, section 349.168, 22.26 subdivision 8, is amended to read: 22.27 Subd. 8. [PERCENTAGE OF GROSS PROFIT PAID.] (a) A licensed 22.28 organization may pay a percentage of the gross profit from 22.29 raffle ticket sales to a nonprofit organization that sells 22.30 raffle tickets for the licensed organization. 22.31 (b) A licensed organization may compensate an employee of 22.32 the organization for the sale of gambling equipment at a bar 22.33 operation if the frequency of the activity is one day or less 22.34 per week and the games are limited to 30 chances or less per 22.35 game. For purposes of this paragraph, an employee shall not be 22.36 a lessor, employee of the lessor, or an immediate family member 23.1 of the lessor. 23.2 Sec. 23. Minnesota Statutes 2004, section 349.17, 23.3 subdivision 5, is amended to read: 23.4 Subd. 5. [BINGO CARDS AND SHEETS.] (a) The board shall by 23.5 rule require that all licensed organizations: (1) conduct bingo 23.6 only using liquid daubers on bingo paper sheets that bear an 23.7 individual number recorded by the distributor or linked bingo 23.8 game provider; and (2) use each bingo paper sheet for no more 23.9 than one bingo occasion. In lieu of the requirements of clause 23.10 (2), a licensed organization may electronically record the sale 23.11 of each bingo hard card or paper sheet at each bingo occasion 23.12 using an electronic recording system approved by the board. 23.13 (b) The requirements of paragraph (a) shall only apply to a 23.14 licensed organization that received gross receipts from bingo in 23.15 excess of $150,000 in the organization's last fiscal year. 23.16 Sec. 24. Minnesota Statutes 2004, section 349.17, 23.17 subdivision 7, is amended to read: 23.18 Subd. 7. [NOON HOURBAR BINGO.]Notwithstanding23.19subdivisions 1 and 3,An organization may conduct bar bingo 23.20 subject to the following restrictions: 23.21 (1)the bingo is conducted only between the hours of 11:0023.22a.m. and 2:00 p.m.;23.23(2)the bingo is conducted at a site the organization owns 23.24 or leases and which has a license for the sale of intoxicating 23.25 beverages on the premises under chapter 340A; 23.26(3) the bingo is limited to one progressive bingo game per23.27site as defined by section 349.211, subdivision 2;23.28(4)(2) the bingo is conducted using only bingo paper 23.29 sheets purchased from a licensed distributor; 23.30(5) if the premises are leased, the(3) no rent maynot23.31exceed $25 per day for each day bingo is conductedbe paid for a 23.32 bar bingo occasion; and 23.33(6)(4) linked bingo games may not be conducted at anoon23.34hourbar bingo occasion. 23.35 Sec. 25. Minnesota Statutes 2004, section 349.1711, 23.36 subdivision 1, is amended to read: 24.1 Subdivision 1. [SALE OF TICKETS.] Tipboard games must be 24.2 played using only tipboard tickets that are either (1) attached 24.3 to a placard and arranged in columns or rows, or (2) separate 24.4 from the placard and contained in a receptacle while the game is 24.5 in play. The placard serves as the game flare. The placard 24.6 must contain a seal that conceals the winning number or symbol. 24.7 When a tipboard ticket is purchased and opened from a game 24.8 containing more than 30 tickets, each player having a tipboard 24.9 ticket with one or more predesignated numbers or symbols must 24.10 sign the placard at the line indicated by the number or symbol 24.11 on the tipboard ticket. 24.12 Sec. 26. Minnesota Statutes 2004, section 349.173, is 24.13 amended to read: 24.14 349.173 [CONDUCT OF RAFFLES.] 24.15 (a) Raffle tickets or certificates of participation at a 24.16 minimum must list the three most expensive prizes to be 24.17 awarded. If additional prizes will be awardedthat are not24.18contained on the raffle ticket, the raffle ticket must contain24.19the statement "A complete list of additional prizes is available24.20upon request.", a complete list of additional prizes must be 24.21 publicly posted at the event and copies of the complete prize 24.22 list made available upon request. Notwithstanding section 24.23 349.12, subdivision 33, raffles conducted under the exemptions 24.24 in section 349.166 may use tickets that contain only the 24.25 sequential number of the raffle ticket and no other information 24.26 if the organization makes a list of prizes and a statement of 24.27 other relevant information required by rule available to persons 24.28 purchasing tickets and if tickets are only sold at the event and 24.29 on the date when the tickets are drawn. 24.30 (b) Raffles must be conducted in a manner that ensures: 24.31 (1) all entries in the raffle have an equal chance of 24.32 selection; 24.33 (2) the method of selection is conducted in a public forum; 24.34 (3) the method of selection cannot be manipulated or based 24.35 on the outcome of an event not under the control of the 24.36 organization; 25.1 (4) physical presence at the raffle is not a requirement to 25.2 win; and 25.3 (5) all sold and unsold tickets or certificates of 25.4 participation are accounted for. 25.5 (c) Methods of selecting winning entries from a raffle 25.6 other than prescribed in rule may be used with the prior written 25.7 approval of the board. 25.8 [EFFECTIVE DATE.] This section is effective the day 25.9 following final enactment. 25.10 Sec. 27. Minnesota Statutes 2004, section 349.18, 25.11 subdivision 1, is amended to read: 25.12 Subdivision 1. [LEASE OR OWNERSHIP REQUIRED; RENT 25.13 LIMITATIONS.] (a) An organization may conduct lawful gambling 25.14 only on premises it owns or leases. Leases must be on a form 25.15 prescribed by the board. Except for leases entered into before 25.16 August 1, 1994, the term of the lease may not begin before the 25.17 effective date of the premises permit and must expire on the 25.18 same day that the premises permit expires. Copies of all leases 25.19 must be made available to employees of the board and the 25.20 Division of Alcohol and Gambling Enforcement on request. The 25.21 board may prescribe by rule limits on the amount of rent which 25.22 an organization may pay to a lessor for premises leased for 25.23 bingo. Any rule adopted by the board limiting the amount of 25.24 rent to be paid may only be effective for leases entered into, 25.25 or renewed, after the effective date of the rule. 25.26 (b) Rent paid by an organization for leased premises for 25.27 the conduct of pull-tabs, tipboards, and paddlewheels is subject 25.28 to the following limits: 25.29 (1) for booth operations, including booth operations where 25.30 a pull-tab dispensing device is located, booth operations where 25.31 a bar operation is also conducted, and booth operations where 25.32 both a pull-tab dispensing device is located and a bar operation 25.33 is also conducted, the maximum rent is: 25.34 (i) in any month where the organization's gross profit at 25.35 those premises does not exceed $4,000, up to $400; and 25.36 (ii) in any month where the organization's gross profit at 26.1 those premises exceeds $4,000, up to $400 plus not more than ten 26.2 percent of the gross profit for that month in excess of $4,000; 26.3 (2) for bar operations, including bar operations where a 26.4 pull-tab dispensing device is located but not including bar 26.5 operations subject to clause (1), and for locations where only a 26.6 pull-tab dispensing device is located: 26.7 (i) in any month where the organization's gross profit at 26.8 those premises does not exceed $1,000, up to $200; and 26.9 (ii) in any month where the organization's gross profit at 26.10 those premises exceeds $1,000, up to $200 plus not more than 20 26.11 percent of the gross profit for that month in excess of $1,000; 26.12 (3) a lease not governed by clauses (1) and (2) must be 26.13 approved by the board before becoming effective; 26.14 (4) total rent paid to a lessor from all organizations from 26.15 leases governed by clause (1) may not exceed $1,750 per month. 26.16 Total rent paid to a lessor from all organizations from leases 26.17 governed by clause (2) may not exceed $2,500 per month. 26.18 (c) Rent paid by an organization for leased premises for 26.19 the conduct of bingo is subject to the following limits: 26.20 (1) not more than ten percent of the monthly gross profit 26.21 from all lawful gambling activities held during bingo occasions 26.22 excluding bar bingo, or a rate based on a cost per square foot 26.23 not to exceed ten percent of a comparable cost per square foot 26.24 for leased space as approved by the director, whichever is less; 26.25 and 26.26 (2) no rent may be paid for bar bingo. 26.27 (d) Amounts paid as rent under leases are all-inclusive. 26.28 No other services or expenses provided or contracted by the 26.29 lessor may be paid by the organization, including, but not 26.30 limited to, trash removal, janitorial and cleaning services, 26.31 snow removal, lawn services, electricity, heat, security, 26.32 security monitoring, storage, other utilities or services, and, 26.33 in the case of bar operations, cash shortages, unless approved 26.34 by the director. Any other expenditure made by an organization 26.35 that is related to a leased premises must be approved by the 26.36 director. An organization may not provide any compensation or 27.1 thing of value to a lessor or the lessor's employees from any 27.2 fund source other than its gambling account. Rent payments may 27.3 not be made to an individual. 27.4(d)(e) Notwithstanding paragraph (b), an organization may 27.5 pay a lessor for food or beverages or meeting room rental if the 27.6 charge made is comparable to similar charges made to other 27.7 individuals or groups. 27.8(e)(f) No person, distributor, manufacturer, lessor, 27.9 linked bingo game provider, or organization other than the 27.10 licensed organization leasing the space may conduct any activity 27.11 other than the sale or serving of food and beverages on the 27.12 leased premises during times when lawful gambling is being 27.13 conducted on the premises. 27.14(f)(g) At a site where the leased premises consists of an 27.15 area on or behind a bar at which alcoholic beverages are sold 27.16 and employees of the lessor are employed by the organization as 27.17 pull-tab sellers at the site, pull-tabs and tipboard tickets may 27.18 be sold and redeemed by those employees at any place on or 27.19 behind the bar, but the tipboards and receptacles for pull-tabs 27.20 and cash drawers for lawful gambling receipts must be maintained 27.21 only within the leased premises. 27.22(g)(h) Employees of a lessor or employees of an 27.23 organization may participate in lawful gambling on the premises 27.24 provided (1) if pull-tabs or tipboards are sold, the 27.25 organization voluntarily posts, or is required to post, the 27.26 major prizes as specified in section 349.172; and (2) any 27.27 employeeof the lessorparticipating in lawful gambling is not a 27.28 gambling employee for the organization conducting lawful 27.29 gambling on the premises. 27.30(h)(i) A gambling employee may purchase pull-tabs or 27.31 tipboards at the site of the employee's place of employment 27.32 provided: 27.33 (1) the organization voluntarily posts, or is required to 27.34 post, the major prizes for pull-tab or tipboard games as 27.35 specified in section 349.172; and 27.36 (2) the employee is not involved in the sale of pull-tabs 28.1 or tipboards at that site. 28.2(i)(j) At a leased site where an organization uses a 28.3 paddlewheel consisting of 30 numbers or less or a tipboard 28.4 consisting of 30 tickets or less, tickets may be sold throughout 28.5 the permitted premises, but winning tickets must be redeemed, 28.6 the paddlewheel must be located, and the tipboard seal must be 28.7 opened within the leased premises. 28.8(j)(k) A member of the lessor's immediate family may not 28.9 be a compensated employee of an organization leasing space at 28.10 the premises. For purposes of this paragraph, a "member of the 28.11 immediate family" is a spouse, parent, child, or sibling. 28.12 Sec. 28. Minnesota Statutes 2004, section 349.19, 28.13 subdivision 4, is amended to read: 28.14 Subd. 4. [DISCREPANCIES.] If at a bingo occasion a 28.15 discrepancy of more than$20$50 is found between the gross 28.16 receipts as reported by the checkers and the gross receipts 28.17 determined by adding the cash receipts, the discrepancy must be 28.18 reported to the board within five days of the bingo occasion. 28.19 Sec. 29. Minnesota Statutes 2004, section 349.19, 28.20 subdivision 10, is amended to read: 28.21 Subd. 10. [PULL-TAB RECORDS.] (a) The board shall by rule 28.22 require a licensed organization to require each winner of a 28.23 pull-tab prize of $50 or more to present identification in the 28.24 form of a driver's license, Minnesota identification card, or 28.25 other identification the board deems sufficient to allow the 28.26 identification and tracing of the winner. The rule must require 28.27 the organization to retain winning pull-tabs of $50 or more, and 28.28 the identification of the winner of the pull-tab, for 3-1/2 28.29 years. 28.30 (b) An organization must maintain separate cash banks for 28.31 each deal of pull-tabs unless (1) two or more deals are 28.32 commingled in asingle receptaclepull-tab dispensing device, or 28.33 (2) the organization uses a cash register, of a type approved by 28.34 the board, which records all sales of pull-tabs by separate 28.35 deals. 28.36 (c) The board shall: 29.1 (1) by rule adopt minimum technical standards for cash 29.2 registers that may be used by organizations, and shall approve 29.3 for use by organizations any cash register that meets the 29.4 standards,; and 29.5 (2) before allowing an organization to use a cash register 29.6 that commingles receipts from several different pull-tab games 29.7 in play, adopt rules that define how cash registers may be used 29.8 and that establish a procedure for organizations to reconcile 29.9 all pull-tab games in play at the end of each month. 29.10 Sec. 30. Minnesota Statutes 2004, section 349.211, 29.11 subdivision 2c, is amended to read: 29.12 Subd. 2c. [TIPBOARD PRIZES.] The maximum prize which may 29.13 be awarded for a tipboard ticket is$500$599, not including any 29.14 cumulative or carryover prizes. Cumulative or carryover prizes 29.15 in tipboard games shall not exceed $2,500. 29.16 Sec. 31. Minnesota Statutes 2004, section 349.2125, 29.17 subdivision 1, is amended to read: 29.18 Subdivision 1. [CONTRABAND DEFINED.] The following are 29.19 contraband: 29.20 (1) all pull-tab or tipboard deals or paddleticket cards 29.21 notstamped orbar coded in accordance with this chapter or 29.22 chapter 297E; 29.23 (2) all pull-tab or tipboard deals in the possession of any 29.24 unlicensed person, firm, or organization, whether stamped or29.25unstamped; 29.26 (3) any container used for the storage and display of any 29.27 contraband pull-tab or tipboard deals as defined in clauses (1) 29.28 and (2); 29.29 (4) all currency, checks, and other things of value used 29.30 for pull-tab or tipboard transactions not expressly permitted 29.31 under this chapter, and any cash drawer, cash register, or any 29.32 other container used for illegal pull-tab or tipboard 29.33 transactions including its contents; 29.34 (5) any device including, but not limited to, motor 29.35 vehicles, trailers, snowmobiles, airplanes, and boats used, with 29.36 the knowledge of the owner or of a person operating with the 30.1 consent of the owner, for the storage or transportation of more 30.2 than five pull-tab or tipboard deals that are contraband under 30.3 this subdivision. When pull-tabs and tipboards are being 30.4 transported in the course of interstate commerce between 30.5 locations outside this state, the pull-tab and tipboard deals 30.6 are not contraband, notwithstanding the provisions of clauses 30.7 (1) and (12); 30.8 (6) any unaffixed registration stamps except as provided in 30.9 section 349.162, subdivision 4; 30.10 (7) any prize used or offered in a game utilizing 30.11 contraband as defined in this subdivision; 30.12 (8) any altered, modified, or counterfeit pull-tab or 30.13 tipboard ticket; 30.14 (9) any unregistered gambling equipment except as permitted 30.15 by this chapter; 30.16 (10) any gambling equipment kept in violation of section 30.17 349.18; 30.18 (11) any gambling equipment not in conformity with law or 30.19 board rule; 30.20 (12) any pull-tab or tipboard deal in the possession of a 30.21 person other than a licensed distributor or licensed 30.22 manufacturer for which the person, upon demand of a licensed 30.23 peace officer or authorized agent of the commissioner of revenue 30.24 or director of alcohol and gambling enforcement, does not 30.25 immediately produce for inspection the invoice or a true and 30.26 correct copy of the invoice for the acquisition of the deal from 30.27 a licensed distributor; 30.28 (13) any pull-tab or tipboard deals or portions of deals on 30.29 which the tax imposed under chapter 297E has not been paid; and 30.30 (14) any device prohibited by section 609.76, subdivisions 30.31 4 to 6. 30.32 Sec. 32. Minnesota Statutes 2004, section 349.213, is 30.33 amended to read: 30.34 349.213 [LOCAL AUTHORITY.] 30.35 Subdivision 1. [LOCAL REGULATION.] (a) A statutory or home 30.36 rule city or county has the authority to adopt more stringent 31.1 regulation of lawful gambling within its jurisdiction, including 31.2 the prohibition of lawful gambling, and may require a permit for 31.3 the conduct of gambling exempt from licensing under section 31.4 349.166. The fee for a permit issued under this subdivision may 31.5 not exceed $100. The authority granted by this subdivision does 31.6 not include the authority to require a license or permit to 31.7 conduct gambling by organizations or sales by distributors or 31.8 linked bingo game providers licensed by the board. The 31.9 authority granted by this subdivision does not include the 31.10 authority to require an organization to make specific 31.11 expenditures of more than ten percent per year from its net 31.12 profits derived from lawful gambling. For the purposes of this 31.13 subdivision, net profits are gross profits less amounts expended 31.14 for allowable expenses and paid in taxes assessed on lawful 31.15 gambling. A statutory or home rule charter city or a county may 31.16 not require an organization conducting lawful gambling within 31.17 its jurisdiction to make an expenditure to the city or county as 31.18 a condition to operate within that city or county, except as 31.19 authorized under section 349.16, subdivision 8, or 297E.02; 31.20 provided, however, that an ordinance requirement that such 31.21 organizations must contribute ten percent per year of their net 31.22 profits derived from lawful gambling conducted at premises 31.23 within the city's or county's jurisdiction to a fund 31.24 administered and regulated by the responsible local unit of 31.25 government without cost to such fund, for disbursement by the 31.26 responsible local unit of government of the receipts for (i) 31.27 lawful purposes, or (ii) police, fire, and other emergency or 31.28 public safety-related services, equipment, and training, 31.29 excluding pension obligations, is not considered an expenditure 31.30 to the city or county nor a tax under section 297E.02, and is 31.31 valid and lawful. A city or county making expenditures 31.32 authorized under this paragraph must by March 15 of each year 31.33 file a report with the board, on a form the board prescribes, 31.34 that lists all such revenues collected and expenditures for the 31.35 previous calendar year. 31.36 (b) A statutory or home rule city or county may by 32.1 ordinance require that a licensed organization conducting lawful 32.2 gambling within its jurisdiction expend all or a portion of its 32.3 expenditures for lawful purposes on lawful purposes conducted or 32.4 located within the city's or county's trade area. Such an 32.5 ordinance must be limited to lawful purpose expenditures of 32.6 gross profits derived from lawful gambling conducted at premises 32.7 within the city's or county's jurisdiction, must define the 32.8 city's or county's trade area, and must specify the percentage 32.9 of lawful purpose expenditures which must be expended within the 32.10 trade area. A trade area defined by a city under this 32.11 subdivision must include each city and township contiguous to 32.12 the defining city. 32.13 (c) A more stringent regulation or prohibition of lawful 32.14 gambling adopted by a political subdivision under this 32.15 subdivision must apply equally to all forms of lawful gambling 32.16 within the jurisdiction of the political subdivision, except a 32.17 political subdivision may prohibit the use of paddlewheels. 32.18 Subd. 2. [LOCAL APPROVAL.] Before issuing or renewing a 32.19 premises permitor bingo hall license, the board must notify the 32.20 city council of the statutory or home rule city in which the 32.21 organization's premisesor the bingo hallis located or, if the 32.22 premisesor hallis located outside a city, the county board of 32.23 the county and the town board of the town where the premisesor32.24hallis located. The board may require organizationsor bingo32.25hallsto notify the appropriate local government at the time of 32.26 application. This required notification is sufficient to 32.27 constitute the notice required by this subdivision. The board 32.28 may not issue or renew a premises permitor bingo hall license32.29 unless the organization submits a resolution from the city 32.30 council or county board approving the premises permitor bingo32.31hall license. The resolution must have been adopted within 90 32.32 days of the date of application for the new or renewed permit or 32.33 license. 32.34 Subd. 3. [LOCAL GAMBLING TAX.] A statutory or home rule 32.35 charter city that has one or more licensed organizations 32.36 operating lawful gambling, and a county that has one or more 33.1 licensed organizations outside incorporated areas operating 33.2 lawful gambling, may impose a local gambling tax on each 33.3 licensed organization within the city's or county's 33.4 jurisdiction. The tax may be imposed only if the amount to be 33.5 received by the city or county is necessary to cover the costs 33.6 incurred by the city or county to regulate lawful gambling. The 33.7 tax imposed by this subdivision may not exceed three percent per 33.8 year of the gross receipts of a licensed organization from all 33.9 lawful gambling less prizes actually paid out by the 33.10 organization. A city or county may not use money collected 33.11 under this subdivision for any purpose other than to regulate 33.12 lawful gambling. All documents pertaining to site inspections, 33.13 fines, penalties, or other corrective action involving local 33.14 lawful gambling regulation must be shared with the board within 33.15 30 days of filing at the city or county of jurisdiction. A tax 33.16 imposed under this subdivision is in lieu of all other local 33.17 taxes and local investigation fees on lawful gambling. A city 33.18 or county that imposes a tax under this subdivision shall 33.19 annually, by March 15, file a report with the board in a form 33.20 prescribed by the board showing (1) the amount of revenue 33.21 produced by the tax during the preceding calendar year, and (2) 33.22 the use of the proceeds of the tax. 33.23 Sec. 33. Minnesota Statutes 2004, section 609.75, 33.24 subdivision 1, is amended to read: 33.25 Subdivision 1. [LOTTERY.] (a) A lottery is a plan which 33.26 provides for the distribution of money, property or other reward 33.27 or benefit to persons selected by chance from among participants 33.28 some or all of whom have given a consideration for the chance of 33.29 being selected. A participant's payment for use of a 900 33.30 telephone number or another means of communication that results 33.31 in payment to the sponsor of the plan constitutes consideration 33.32 under this paragraph. 33.33 (b) An in-package chance promotion is not a lottery if all 33.34 of the following are met: 33.35 (1) participation is available, free and without purchase 33.36 of the package, from the retailer or by mail or toll-free 34.1 telephone request to the sponsor for entry or for a game piece; 34.2 (2) the label of the promotional package and any related 34.3 advertising clearly states any method of participation and the 34.4 scheduled termination date of the promotion; 34.5 (3) the sponsor on request provides a retailer with a 34.6 supply of entry forms or game pieces adequate to permit free 34.7 participation in the promotion by the retailer's customers; 34.8 (4) the sponsor does not misrepresent a participant's 34.9 chances of winning any prize; 34.10 (5) the sponsor randomly distributes all game pieces and 34.11 maintains records of random distribution for at least one year 34.12 after the termination date of the promotion; 34.13 (6) all prizes are randomly awarded if game pieces are not 34.14 used in the promotion; and 34.15 (7) the sponsor provides on request of a state agency a 34.16 record of the names and addresses of all winners of prizes 34.17 valued at $100 or more, if the request is made within one year 34.18 after the termination date of the promotion. 34.19 (c) Except as provided by section 349.40, acts in this 34.20 state in furtherance of a lottery conducted outside of this 34.21 state are included notwithstanding its validity where conducted. 34.22 (d) The distribution of property, or other reward or 34.23 benefit by an employer to persons selected by chance from among 34.24 participantswho, all of whom: 34.25 (1) have made a contribution through a payroll or pension 34.26 deduction campaign to a registered combined charitable 34.27 organization, within the meaning of section 309.501; or 34.28 (2) have paid other consideration to the employer entirely 34.29 for the benefit of such a registered combined charitable 34.30 organization, as a precondition to the chance of being selected, 34.31 is not a lottery if: 34.32(1)(i) all of the persons eligible to be selected are 34.33 employed by or retirees of the employer; and 34.34(2)(ii) the cost of the property or other reward or 34.35 benefit distributed and all costs associated with the 34.36 distribution are borne by the employer. 35.1 Sec. 34. [REPEALER.] 35.2 Minnesota Statutes 2004, sections 349.162, subdivision 3; 35.3 349.164; and 349.17, subdivision 1, are repealed.