Office of the Revisor of Statutes
Minnesota Session Laws - 2002, Regular Session
Key: (1) language to be deleted (2) new language
CHAPTER 386-H.F.No. 3073
An act relating to gambling; making technical,
clarifying, and conforming changes; deleting obsolete
language; providing and modifying certain definitions
and prize amounts relating to lawful gambling;
modifying procedures for pull-tab dispensing devices;
regulating sales of certain gambling equipment;
providing for the drafting of model rules and a report
to the legislature; amending Minnesota Statutes 2000,
sections 299L.07, subdivision 2; 349.151, subdivision
4b; 349.161, subdivision 4; 349.162, subdivision 2;
349.163, subdivisions 1, 2, 3, 5; 349.164, subdivision
4; 349.165, subdivision 2; 349.167, subdivision 7;
349.168, subdivision 5; 349.19, subdivision 5;
349.191, subdivisions 1a, 1b; 349.211, subdivisions 2,
2a; Minnesota Statutes 2001 Supplement, sections
349.12, subdivision 25; 349.15, subdivision 1a;
349.168, subdivision 1; repealing Minnesota Statutes
2000, sections 349.12, subdivision 14; 349.163,
subdivision 6a; 349.17, subdivision 2a; 349.174.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
TECHNICAL AMENDMENTS
Section 1. Minnesota Statutes 2000, section 349.162,
subdivision 2, is amended to read:
Subd. 2. [RECORDS REQUIRED.] A distributor must maintain a
record of all gambling equipment which it sells to organizations
as required by section 297E.05, subdivision 2, and provide
copies of the record to the board upon demand. The record must
include:
(1) the identity of the person from whom the distributor
purchased the equipment;
(2) the registration number of the equipment;
(3) the name, address, and license or exempt permit number
of the organization to which the sale was made;
(4) the date of the sale;
(5) the name of the person who ordered the equipment;
(6) the name of the person who received the equipment;
(7) the type of equipment;
(8) the serial number of the equipment;
(9) the name, form number, or other identifying information
for each game; and
(10) in the case of bingo hard cards or paper sheets sold
on and after January 1, 1991, the individual number of each card
or sheet.
The invoice for each sale must be retained for at least
3-1/2 years after the sale is completed and a copy of each
invoice is to be delivered to the board in the manner and time
prescribed by the board. For purposes of this section, a sale
is completed when the gambling equipment is physically delivered
to the purchaser.
Each distributor must report monthly to the board, in a
form the board prescribes, its sales of each type of gambling
equipment. Employees of the board and the division of alcohol
and gambling enforcement may inspect the business premises,
books, records, and other documents of a distributor at any
reasonable time without notice and without a search warrant.
The board may require that a distributor submit the monthly
report and invoices required in this subdivision via magnetic
media or electronic data transfer.
Sec. 2. Minnesota Statutes 2000, section 349.163,
subdivision 1, is amended to read:
Subdivision 1. [LICENSE REQUIRED.] No manufacturer of
gambling equipment may sell any gambling equipment to any person
for use or resale within the state, unless the manufacturer has
a current and valid license issued by the board under this
section and has satisfied other criteria prescribed by the board
by rule.
A manufacturer licensed under this section may not also be
directly or indirectly licensed as a distributor under section
349.161 unless the manufacturer (1) does not manufacture any
gambling equipment other than paddlewheels, and (2) was licensed
as both a manufacturer and distributor on May 1, 1990.
Sec. 3. Minnesota Statutes 2000, section 349.163,
subdivision 3, is amended to read:
Subd. 3. [PROHIBITED SALES.] (a) A manufacturer may not:
(1) sell gambling equipment for use or resale within the
state to any person not licensed as a distributor unless the
manufacturer is also a licensed distributor; or
(2) sell gambling equipment to a distributor in this state
that has the same serial number as another item of gambling
equipment of the same type that is sold by that manufacturer for
use or resale in this state.
(b) A manufacturer, affiliate of a manufacturer, or person
acting as a representative or agent of a manufacturer may not
provide a lessor of gambling premises or an appointed official
any compensation, gift, gratuity, premium, contribution, or
other thing of value.
(c) A manufacturer may not sell or otherwise provide a
pull-tab or tipboard deal with the symbol required by
subdivision 5, paragraph (h), imprinted on the flare to any
person other than a licensed distributor unless the manufacturer
first renders the symbol permanently invisible.
Sec. 4. Minnesota Statutes 2000, section 349.163,
subdivision 5, is amended to read:
Subd. 5. [PULL-TAB AND TIPBOARD FLARES.] (a) A
manufacturer may not ship or cause to be shipped into this state
or sell for use or resale in this state any deal of pull-tabs or
tipboards that does not have its own individual flare as
required for that deal by this subdivision and rule of the
board. A person other than a manufacturer may not manufacture,
alter, modify, or otherwise change a flare for a deal of
pull-tabs or tipboards except as allowed by this chapter or
board rules.
(b) A manufacturer must comply with either paragraphs (c)
to (g) or (f) to (j) with respect to pull-tabs and tipboards
sold by the manufacturer before January 1, 1995, for use or
resale in Minnesota or shipped into or caused to be shipped into
Minnesota by the manufacturer before January 1, 1995. A
manufacturer must comply with paragraphs (f) to (j) with respect
to pull-tabs and tipboards sold by the manufacturer on and after
January 1, 1995, for use or resale in Minnesota or shipped into
or caused to be shipped into Minnesota by the manufacturer on
and after January 1, 1995. Paragraphs (c) to (e) expire January
1, 1995.
(c) The flare of each deal of pull-tabs and tipboards sold
by a manufacturer for use or resale in Minnesota must have the
Minnesota gambling stamp affixed. The flare, with the stamp
affixed, must be placed inside the wrapping of the deal which
the flare describes.
(d) Each pull-tab and tipboard flare must bear the
following statement printed in letters large enough to be
clearly legible:
"Pull-tab (or tipboard) purchasers -- This pull-tab (or
tipboard) game is not legal in Minnesota unless:
-- a Minnesota gambling stamp is affixed to this sheet, and
-- the serial number handwritten on the gambling stamp is
the same as the serial number printed on this sheet and on the
pull-tab (or tipboard) ticket you have purchased."
(e) The flare of each pull-tab and tipboard game must bear
the serial number of the game, printed in numbers at least
one-half inch high and must be imprinted with the following:
(1) the name of the game;
(2) the name of the manufacturer;
(3) the number of tickets in the deal; and
(4) other information the board by rule requires.
(f) The flare of each pull-tab and tipboard game must have
affixed to or imprinted at the bottom a bar code that provides
all information required by the commissioner of revenue under
section 297E.04, subdivision 2.
The serial number included in the bar code must be the same
as the serial number of the tickets included in the deal. A
manufacturer who manufactures a deal of pull-tabs must affix to
the outside of the box containing that game the same bar code
that is affixed to or imprinted at the bottom of a flare for
that deal.
(g) (c) No person may alter the bar code that appears on
the outside of a box containing a deal of pull-tabs and
tipboards. Possession of a box containing a deal of pull-tabs
and tipboards that has a bar code different from the bar code of
the deal inside the box is prima facie evidence that the
possessor has altered the bar code on the box.
(h) (d) The flare of each deal of pull-tabs and tipboards
sold by a manufacturer for use or resale in Minnesota must have
imprinted on it a symbol that is at least one inch high and one
inch wide consisting of an outline of the geographic boundaries
of Minnesota with the letters "MN" inside the outline. The
flare must be placed inside the wrapping of the deal which the
flare describes.
(i) (e) Each pull-tab and tipboard flare must bear the
following statement printed in letters large enough to be
clearly legible:
"Pull-tab (or tipboard) purchasers -- This pull-tab (or
tipboard) game is not legal in Minnesota unless:
-- an outline of Minnesota with letters "MN" inside it is
imprinted on this sheet, and
-- the serial number imprinted on the bar code at the
bottom of this sheet is the same as the serial number on the
pull-tab (or tipboard) ticket you have purchased."
(j) (f) The flare of each pull-tab and tipboard game must
have the serial number of the game imprinted on the bar code at
the bottom of the flare in numerals at least one-half inch high.
Sec. 5. Minnesota Statutes 2000, section 349.165,
subdivision 2, is amended to read:
Subd. 2. [CONTENTS OF APPLICATION.] An application for a
premises permit must contain:
(1) the name and address of the applying organization and
of the organization's gambling manager;
(2) a description of the site for which the permit is
sought, including its address and, where applicable, its
placement within another premises or establishment;
(3) if the site is leased, the name and address of the
lessor and information about the lease the board requires,
including all rents and other charges for the use of the site;
and
(4) other information the board deems necessary to carry
out its purposes.
An organization holding a premises permit must notify the
board in writing within ten days whenever any material change is
made in the above information.
Sec. 6. Minnesota Statutes 2000, section 349.167,
subdivision 7, is amended to read:
Subd. 7. [GAMBLING MANAGER EXAMINATION.] (a) By January 1,
1996, each gambling manager must pass an examination prepared
and administered by the board that tests the gambling manager's
knowledge of the responsibilities of gambling managers and of
gambling procedures, laws, and rules. The board shall revoke
the license of any gambling manager who has not passed the
examination by January 1, 1996.
(b) On and after January 1, 1996, Each applicant for a new
gambling manager's license must pass the an examination provided
for in paragraph (a) prepared and administered by the board that
tests the applicant's knowledge of the responsibilities of
gambling managers, and of gambling procedures, laws, and rules
before being issued the license. In the case of the death,
disability, or termination of a gambling manager, a replacement
gambling manager must pass the examination within 90 days of
being issued a gambling manager's license. The board shall
revoke the replacement gambling manager's license if the
replacement gambling manager fails to pass the examination as
required in this paragraph.
Sec. 7. Minnesota Statutes 2001 Supplement, section
349.168, subdivision 1, is amended to read:
Subdivision 1. [REGISTRATION OF EMPLOYEES.] A person may
not receive compensation for participating in the conduct of
lawful gambling as an employee of a licensed organization unless
the person has first registered with the board on a form the
board prescribes. The form must require each registrant to
provide: (1) the person's name, address, date of birth, and
social security number; (2) a current photograph; and (3) the
name, address, and license number of the employing organization;
and (3) a listing of all employment in the conduct of lawful
gambling within the previous three years, including the name and
address of each employing organization and the circumstances
under which the employment was terminated.
Sec. 8. Minnesota Statutes 2000, section 349.168,
subdivision 5, is amended to read:
Subd. 5. [COMPENSATION RECORDS.] An organization paying
compensation to persons who participate in the conduct of lawful
gambling must maintain a compensation record. The record must
be retained for at least two years after the month in which the
compensation is paid. The record must itemize each payment made
to each recipient of compensation and must include the amount
and the full name, address, and membership status of each
recipient.
Sec. 9. Minnesota Statutes 2000, section 349.19,
subdivision 5, is amended to read:
Subd. 5. [REPORTS.] A licensed organization must report to
the board the department of revenue and to its membership
monthly, or quarterly in the case of a class C licensee or
licensed organization which does not report more than $1,000 in
gross receipts from lawful gambling in any calendar quarter, on
its gross receipts, expenses, profits, and expenditure of
profits from lawful gambling. The report must include a
reconciliation of the organization's profit carryover with its
cash balance on hand. If the organization conducts both bingo
and other forms of lawful gambling, the figures for both must be
reported separately. In addition, a licensed organization must
report to the board monthly on its purchases of gambling
equipment and must include the type, quantity, and dollar amount
from each supplier separately. The reports must be on a form
the board prescribes. Submission of the report required by
section 349.154 satisfies the requirement for reporting monthly
to the board on expenditure of net profits.
Sec. 10. Minnesota Statutes 2000, section 349.191,
subdivision 1a, is amended to read:
Subd. 1a. [CREDIT AND SALES TO DELINQUENT ORGANIZATIONS.]
(a) If a distributor does not receive payment in full from an
organization within 35 days of the delivery of gambling
equipment day immediately following the date of the invoice, the
distributor must notify the board in writing of the
delinquency on the next business day.
(b) If a distributor who has notified the board under
paragraph (a) has not received payment in full from the
organization within 60 days of the notification under paragraph
(a), the distributor must notify the board of the continuing
delinquency.
(c) On receipt of a notice under paragraph (a), the board
shall order all distributors that until further notice from the
board, they may sell gambling equipment to the delinquent
organizations only on a cash basis with no credit extended. On
receipt of a notice under paragraph (b), the board shall order
all distributors not to sell any gambling equipment to the
delinquent organization.
(d) No distributor may extend credit or sell gambling
equipment to an organization in violation of an order under
paragraph (c) until the board has authorized such credit or sale.
Sec. 11. Minnesota Statutes 2000, section 349.191,
subdivision 1b, is amended to read:
Subd. 1b. [CREDIT AND SALES TO DELINQUENT DISTRIBUTORS.]
(a) If a manufacturer does not receive payment in full from a
distributor within 35 days of the delivery of gambling equipment
day immediately following the date of invoice, the manufacturer
must notify the board in writing of the delinquency on the next
business day.
(b) If a manufacturer who has notified the board under
paragraph (a) has not received payment in full from the
distributor within 60 days of the notification under paragraph
(a), the manufacturer must notify the board of the continuing
delinquency.
(c) On receipt of a notice under paragraph (a), the board
shall order all manufacturers that until further notice from the
board, they may sell gambling equipment to the delinquent
distributor only on a cash basis with no credit extended. On
receipt of a notice under paragraph (b), the board shall order
all manufacturers not to sell any gambling equipment to the
delinquent distributor.
(d) No manufacturer may extend credit or sell gambling
equipment to a distributor in violation of an order under
paragraph (c) until the board has authorized such credit or sale.
Sec. 12. [REPEALER.]
Minnesota Statutes 2000, sections 349.12, subdivision 14;
349.163, subdivision 6a; 349.17, subdivision 2a; and 349.174,
are repealed.
ARTICLE 2
BINGO; PULL-TABS
Section 1. Minnesota Statutes 2001 Supplement, section
349.15, subdivision 1a, is amended to read:
Subd. 1a. [NATURAL DISASTER RELIEF.] An organization may
expend net profits from lawful gambling to relieve the effects
of a natural disaster as defined in section 12.03, subdivision
2, without the prior approval of its membership if:
(1) the contribution is a lawful purpose under section
349.12, subdivision 25;
(2) the contribution is authorized by the organization's
chief executive officer and gambling manager; and
(3) the contribution is approved by the membership of the
organization at its next regularly scheduled monthly meeting.
If the contribution is not approved by the membership of the
organization at its next regularly scheduled monthly meeting,
the organization shall reimburse its gambling account in the
amount of the contribution.
Sec. 2. Minnesota Statutes 2000, section 349.151,
subdivision 4b, is amended to read:
Subd. 4b. [PULL-TAB SALES FROM DISPENSING DEVICES.] (a)
The board may by rule authorize but not require the use of
pull-tab dispensing devices.
(b) Rules adopted under paragraph (a):
(1) must limit the number of pull-tab dispensing devices on
any permitted premises to three; and
(2) must limit the use of pull-tab dispensing devices to a
permitted premises which is (i) a licensed premises for on-sales
of intoxicating liquor or 3.2 percent malt beverages; or (ii) a
licensed bingo hall that allows gambling only by persons 18
years or older; and
(3) must prohibit the use of pull-tab dispensing devices at
any licensed premises where pull-tabs are sold other than
through a pull-tab dispensing device by an employee of the
organization who is also the lessor or an employee of the lessor.
(c) Notwithstanding rules adopted under paragraph (b),
pull-tab dispensing devices may be used in establishments
licensed for the off-sale of intoxicating liquor, other than
drugstores and general food stores licensed under section
340A.405, subdivision 1.
(d) The director may charge a manufacturer a fee of up to
$5,000 per pull-tab dispensing device to cover the costs of
services provided by an independent testing laboratory to
perform testing and analysis of pull-tab dispensing devices.
The director shall deposit in a separate account in the state
treasury all money the director receives as reimbursement for
the costs of services provided by independent testing
laboratories that have entered into contracts with the state to
perform testing and analysis of pull-tab dispensing devices.
Money in the account is appropriated to the director to pay the
costs of services under those contracts.
Sec. 3. Minnesota Statutes 2000, section 349.161,
subdivision 4, is amended to read:
Subd. 4. [FEES.] The annual initial fee for a
distributor's license is $3,500. The initial term of a
distributor's license is one year. Renewal licenses under this
section are valid for two years and the fee for the renewal
license is $7,000.
Sec. 4. Minnesota Statutes 2000, section 349.163,
subdivision 2, is amended to read:
Subd. 2. [LICENSE; FEE.] A The initial license under this
section is valid for one year. The annual fee for the initial
license is $5,000. Renewal licenses under this section are
valid for two years and the fee for the renewal license is
$10,000.
Sec. 5. Minnesota Statutes 2000, section 349.164,
subdivision 4, is amended to read:
Subd. 4. [FEES; TERM OF LICENSE.] The annual initial fee
for a bingo hall license is $2,500. An initial license under
this section is valid for one year. Renewal licenses under this
section are valid for two years and the fee for the renewal
license is $5,000.
Sec. 6. Minnesota Statutes 2000, section 349.211,
subdivision 2, is amended to read:
Subd. 2. [PROGRESSIVE BINGO GAMES.] A prize of up to
$2,000 may be awarded for a progressive bingo game, including a
cover-all game. The prize for a progressive bingo game may
start at $300 $500 and be increased by up to $100 for each
occasion during which the progressive bingo game is played. A
consolation prize of up to $200 for a progressive bingo game may
be awarded in each occasion during which the progressive bingo
game is played and the accumulated prize is not won. The total
amount awarded in progressive bingo game prizes in any calendar
year may not exceed $36,000 $48,000.
Sec. 7. Minnesota Statutes 2000, section 349.211,
subdivision 2a, is amended to read:
Subd. 2a. [PULL-TAB PRIZES.] The maximum prize which may
be awarded for any single pull-tab is $500 $599. An
organization may not sell any pull-tab for more than $2.
Sec. 8. [MODEL RULES; REPORT TO LEGISLATURE.]
The gambling control board shall draft model rules relating
to linked bingo games and electronic bingo devices and report
the rules along with appropriate comments regarding the
implementation of the model rules to the legislature by February
1, 2003.
ARTICLE 3
LAWFUL PURPOSE; VETERANS ORGANIZATIONS
Section 1. Minnesota Statutes 2001 Supplement, section
349.12, subdivision 25, is amended to read:
Subd. 25. [LAWFUL PURPOSE.] (a) "Lawful purpose" means one
or more of the following:
(1) any expenditure by or contribution to a 501(c)(3) or
festival organization, as defined in subdivision 15a, provided
that the organization and expenditure or contribution are in
conformity with standards prescribed by the board under section
349.154, which standards must apply to both types of
organizations in the same manner and to the same extent;
(2) a contribution to an individual or family suffering
from poverty, homelessness, or physical or mental disability,
which is used to relieve the effects of that poverty,
homelessness, or disability;
(3) a contribution to an individual for treatment for
delayed posttraumatic stress syndrome or a contribution to a
program recognized by the Minnesota department of human services
for the education, prevention, or treatment of compulsive
gambling;
(4) a contribution to or expenditure on a public or private
nonprofit educational institution registered with or accredited
by this state or any other state;
(5) a contribution to a scholarship fund for defraying the
cost of education to individuals where the funds are awarded
through an open and fair selection process;
(6) activities by an organization or a government entity
which recognize humanitarian or military service to the United
States, the state of Minnesota, or a community, subject to rules
of the board, provided that the rules must not include mileage
reimbursements in the computation of the per occasion
reimbursement limit and must impose no aggregate annual limit on
the amount of reasonable and necessary expenditures made to
support:
(i) members of a military marching or color guard unit for
activities conducted within the state;
(ii) members of an organization solely for services
performed by the members at funeral services; or
(iii) members of military marching, color guard, or honor
guard units may be reimbursed for participating in color guard,
honor guard, or marching unit events within the state or states
contiguous to Minnesota at a per participant rate of up to $35
per occasion;
(7) recreational, community, and athletic facilities and
activities intended primarily for persons under age 21, provided
that such facilities and activities do not discriminate on the
basis of gender and the organization complies with section
349.154;
(8) payment of local taxes authorized under this chapter,
taxes imposed by the United States on receipts from lawful
gambling, the taxes imposed by section 297E.02, subdivisions 1,
4, 5, and 6, and the tax imposed on unrelated business income by
section 290.05, subdivision 3;
(9) payment of real estate taxes and assessments on
permitted gambling premises wholly owned by the licensed
organization paying the taxes, or wholly leased by a licensed
veterans organization under a national charter recognized under
section 501(c)(19) of the Internal Revenue Code, not to exceed:
(i) for premises used for bingo, the amount that an
organization may expend under board rules on rent for bingo; and
(ii) $35,000 per year for premises used for other forms of
lawful gambling;
(10) a contribution to the United States, this state or any
of its political subdivisions, or any agency or instrumentality
thereof other than a direct contribution to a law enforcement or
prosecutorial agency;
(11) a contribution to or expenditure by a nonprofit
organization which is a church or body of communicants gathered
in common membership for mutual support and edification in
piety, worship, or religious observances;
(12) payment of the reasonable costs of an audit required
in section 297E.06, subdivision 4, provided the annual audit is
filed in a timely manner with the department of revenue;
(13) a contribution to or expenditure on a wildlife
management project that benefits the public at-large, provided
that the state agency with authority over that wildlife
management project approves the project before the contribution
or expenditure is made;
(14) expenditures, approved by the commissioner of natural
resources, by an organization for grooming and maintaining
snowmobile trails and all-terrain vehicle trails that are (1)
grant-in-aid trails established under section 85.019, or (2)
other trails open to public use, including purchase or lease of
equipment for this purpose; or
(15) conducting nutritional programs, food shelves, and
congregate dining programs primarily for persons who are age 62
or older or disabled; or
(16) a contribution to a community arts organization, or an
expenditure to sponsor arts programs in the community, including
but not limited to visual, literary, performing, or musical
arts;
(17) payment of heat, water, sanitation, telephone, and
other utility bills for a building owned or leased by, and used
as the primary headquarters of, a veterans organization; or
(18) expenditure by a veterans organization of up to $5,000
in a calendar year in net costs to the organization for meals
and other membership events, limited to members and spouses,
held in recognition of military service.
(b) Notwithstanding paragraph (a), "lawful purpose" does
not include:
(1) any expenditure made or incurred for the purpose of
influencing the nomination or election of a candidate for public
office or for the purpose of promoting or defeating a ballot
question;
(2) any activity intended to influence an election or a
governmental decision-making process;
(3) the erection, acquisition, improvement, expansion,
repair, or maintenance of real property or capital assets owned
or leased by an organization, unless the board has first
specifically authorized the expenditures after finding that (i)
the real property or capital assets will be used exclusively for
one or more of the purposes in paragraph (a); (ii) with respect
to expenditures for repair or maintenance only, that the
property is or will be used extensively as a meeting place or
event location by other nonprofit organizations or community or
service groups and that no rental fee is charged for the use;
(iii) with respect to expenditures, including a mortgage payment
or other debt service payment, for erection or acquisition only,
that the erection or acquisition is necessary to replace with a
comparable building, a building owned by the organization and
destroyed or made uninhabitable by fire or natural disaster,
provided that the expenditure may be only for that part of the
replacement cost not reimbursed by insurance; (iv) with respect
to expenditures, including a mortgage payment or other debt
service payment, for erection or acquisition only, that the
erection or acquisition is necessary to replace with a
comparable building a building owned by the organization that
was acquired from the organization by eminent domain or sold by
the organization to a purchaser that the organization reasonably
believed would otherwise have acquired the building by eminent
domain, provided that the expenditure may be only for that part
of the replacement cost that exceeds the compensation received
by the organization for the building being replaced; or (v) with
respect to an expenditure to bring an existing building into
compliance with the Americans with Disabilities Act under item
(ii), an organization has the option to apply the amount of the
board-approved expenditure to the erection or acquisition of a
replacement building that is in compliance with the Americans
with Disabilities Act;
(4) an expenditure by an organization which is a
contribution to a parent organization, foundation, or affiliate
of the contributing organization, if the parent organization,
foundation, or affiliate has provided to the contributing
organization within one year of the contribution any money,
grants, property, or other thing of value;
(5) a contribution by a licensed organization to another
licensed organization unless the board has specifically
authorized the contribution. The board must authorize such a
contribution when requested to do so by the contributing
organization unless it makes an affirmative finding that the
contribution will not be used by the recipient organization for
one or more of the purposes in paragraph (a); or
(6) a contribution to a statutory or home rule charter
city, county, or town by a licensed organization with the
knowledge that the governmental unit intends to use the
contribution for a pension or retirement fund.
ARTICLE 4
MISCELLANEOUS
Section 1. Minnesota Statutes 2000, section 299L.07,
subdivision 2, is amended to read:
Subd. 2. [EXCLUSIONS.] Notwithstanding subdivision 1, a
gambling device:
(1) may be sold by a person who is not licensed under this
section, if the person (i) is not engaged in the trade or
business of selling gambling devices, and (ii) does not sell
more than one gambling device in any calendar year;
(2) may be sold by the governing body of a federally
recognized Indian tribe described in subdivision 2a, paragraph
(b), clause (1), which is not licensed under this section, if
(i) the gambling device was operated by the Indian tribe, (ii)
the sale is to a distributor licensed under this section, and
(iii) the licensed distributor notifies the commissioner of the
purchase, in the same manner as is required when the licensed
distributor ships a gambling device into Minnesota;
(3) may be possessed by a person not licensed under this
section if the person holds a permit issued under section
299L.08; and
(3) (4) may be possessed by a state agency, with the
written authorization of the director, for display or evaluation
purposes only and not for the conduct of gambling.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Presented to the governor May 18, 2002
Signed by the governor May 21, 2002, 3:16 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes