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SF 2868

as introduced - 88th Legislature (2013 - 2014) Posted on 03/24/2014 08:19am

KEY: stricken = removed, old language. underscored = added, new language.



Version List Authors and Status

Current Version - as introduced

A bill for an act
relating to lawful gambling; establishing additional games; creating licensing
requirements; requiring rules; providing penalties; amending Minnesota Statutes
2012, sections 349.12, subdivision 24, by adding subdivisions; 349.13; proposing
coding for new law in Minnesota Statutes, chapter 349.


Section 1.

Minnesota Statutes 2012, section 349.12, is amended by adding a
subdivision to read:

Subd. 12e.

Mobile device.

"Mobile device" means a cellular telephone or tablet
that is equipped with an application approved by the board that links the mobile device to
other players for the purpose of playing a remote game. The board must prescribe rules
associated with the approval process for application manufacturers. The application must
provide security and access levels sufficient so that internal control objectives are met as
prescribed by the board. The application must feature a game that starts no sooner than once
per hour, with a limit of one dollar per wager per player. The game may contain multiple
iterations within the hour, but no additional wagers can be placed until the following hour.

Sec. 2.

Minnesota Statutes 2012, section 349.12, subdivision 24, is amended to read:

Subd. 24.

Lawful gambling.

"Lawful gambling" is the operation, conduct or sale
of bingo, raffles, paddle wheels, tipboards, and pull-tabs, and mobile devices running
approved applications

Sec. 3.

Minnesota Statutes 2012, section 349.12, is amended by adding a subdivision
to read:

Subd. 33a.

Remote game.

A "remote game" is a game that can be played on a
mobile device, as defined in subdivision 12e, regardless of the player's physical location,
except that the player must be within the borders of this state.

Sec. 4.

Minnesota Statutes 2012, section 349.13, is amended to read:


Lawful gambling is not a lottery or gambling within the meaning of sections 609.75
to 609.76 if it is conducted under this chapter. A pull-tab dispensing device, electronic
bingo device, mobile device and approved application, and electronic pull-tab device
permitted under this chapter and by board rule is not a gambling device within the
meaning of sections 609.75 to 609.76 and chapter 299L. An electronic game device
allowed under this chapter may not be a slot machine. Electronic game devices, including
but not limited to electronic bingo devices, electronic paddle wheels, mobile devices and
approved applications,
and electronic pull-tab devices authorized under this chapter, may
only be used in the conduct of lawful gambling permitted under this chapter and board
rule and may not display or simulate any other form of gambling or entertainment, except
as otherwise allowed under this chapter.

Sec. 5.


The Minnesota Gambling Control Board shall develop rules allowing applications
from manufacturers to contract with an organization licensed under section 349.16. The
company being licensed under this section shall establish an independent gambling
manager in accordance with section 349.167. This gambling manager shall be an
employee of the manufacturer, but will be responsible for the manufacturer's compliance
with all laws and rules. This individual will work with the licensed organizations'
gambling managers to track gross receipts, lawful expenditures, prizes paid out, and all
other requirements contained in this chapter. Both gambling managers will be responsible
for reporting these items as contained in this chapter.

Sec. 6.


Subdivision 1.

Remote game.

(a) A remote game consists of the following:

(1) a game involving random-chance drawings in which a player attempts to identify
what will be drawn;

(2) a game beginning once every hour;

(3) a game in which the players who correctly choose the outcome of the chance
drawing may continue playing, while those who fail to choose correctly are eliminated
from the occasion;

(4) a game that continues until only one player remains, or until a predesignated
number of chance drawings have occurred. If only one player remains, they win the pot,
and if more than one player remains at the end of the occasion, the pot must be split
equally among all remaining players; and

(5) a game in which only one wager per player may be accepted in a single hour's
occasion, regardless of how many chance drawings occur as part of that occasion.

(b) Remote games may only be conducted on a mobile phone device by a resident of
this state while within the borders of this state. These games may only be conducted using
an application approved by the board. All players must be at least 18 years of age.

Subd. 2.

Wager limits.

No player may wager more than one dollar per hour occasion.

Subd. 3.

Licensed organizations.

The board shall develop rules related to how an
operator of a game under this section will pair with a licensed organization under chapter
349A. No person may operate a game under this section without the participation of a
licensed organization under this chapter.

Subd. 4.


The manufacturer operator shall establish a means by which to
deposit proceeds from games won to an account associated with the individual winner of a
game. The board shall establish reporting requirements associated with this requirement.

Subd. 5.


No person shall offer any game to be played that has not been
expressly authorized by the board. Offering any game to be played that has not been
expressly authorized by the board is a felony, and is subject to a penalty of up to $1,000
per day that a game was offered or a wager was accepted.

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