240.15 PAYMENTS TO STATE.
Subdivision 1. Taxes imposed.
(a) There is imposed a tax at the rate of six percent of the
amount in excess of $12,000,000 annually withheld from all pari-mutuel pools by the licensee,
including breakage and amounts withheld under section
240.13, subdivision 4
. For the purpose of
this subdivision, "annually" is the period from July 1 to June 30 of the next year.
In addition to the above tax, the licensee must designate and pay to the commission a tax of
one percent of the total amount bet on each racing day, for deposit in the Minnesota breeders fund.
The taxes imposed by this clause must be paid from the amounts permitted to be withheld by
a licensee under section
240.13, subdivision 4
(b) The commission may impose an admissions tax of not more than ten cents on each paid
admission at a licensed racetrack on a racing day if:
(1) the tax is requested by a local unit of government within whose borders the track
(2) a public hearing is held on the request; and
(3) the commission finds that the local unit of government requesting the tax is in need of its
revenue to meet extraordinary expenses caused by the racetrack.
Subd. 2. Payment.
The licensee must remit the tax to the commission or its representative
within seven days of the day on which it was collected. The payments must be accompanied by a
detailed statement of the remittance on a form the commission prescribes. The commission may
by rule provide for the direct deposit of required payments in the commission's account in a
financial institution within the state and for determining the time of applicability of different tax
rates under subdivision 1.
Subd. 3. Tax exclusive.
The tax imposed by subdivision 1 is in lieu of any tax or license fee,
other than taxes on real property, imposed by a political subdivision and in lieu of any other sales
or excise tax imposed by the state on pari-mutuel pools or pari-mutuel ticket sales.
Subd. 4. Reports.
Within 100 days of the end of each calendar year a licensee subject
to the tax imposed by subdivision 1 must file with the commission a certified financial report
disclosing receipts from all sources during the racing meeting and expenses and disbursements.
The financial report must be prepared by an independent certified public accountant in accordance
with generally accepted auditing standards.
Subd. 5. Unredeemed tickets.
(a) Notwithstanding any provision to the contrary in chapter
345, unredeemed pari-mutuel tickets shall not be considered unclaimed funds and shall be
handled in accordance with the provisions of this subdivision.
(b) Any person claiming to be entitled to the proceeds of any unredeemed ticket may within
one year after the conclusion of each race meet file with the licensee a verified claim for such
proceeds on such form as the licensee prescribes along with the pari-mutuel ticket. Unless the
claimant satisfactorily establishes the right to the proceeds, the claim shall be rejected. If the claim
is allowed, the licensee shall pay the proceeds without interest to the claimant.
Subd. 6. Disposition of proceeds; account.
The commission shall distribute all money
received under this section, and all money received from license fees and fines it collects,
according to this subdivision. All money designated for deposit in the Minnesota breeders fund
must be paid into that fund for distribution under section
except that all money generated
by full racing card simulcasts must be distributed as provided in section
240.18, subdivisions 2,
, clauses (1), (2), and (3); and 3. Revenue from an admissions tax imposed under
subdivision 1 must be paid to the local unit of government at whose request it was imposed, at
times and in a manner the commission determines. Taxes received under this section and fines
collected under section
must be paid to the commissioner of finance for deposit in the
general fund. All revenues from licenses and other fees imposed by the commission must be
deposited in the state treasury and credited to a racing and card playing regulation account in the
special revenue fund. Receipts in this account are available for the operations of the commission
up to the amount authorized in biennial appropriations from the legislature.
History: 1983 c 214 s 15; 1985 c 212 s 15,16; 1988 c 696 s 5-9; 1991 c 336 art 1 s 24; 1992
c 513 art 3 s 49; 1994 c 633 art 1 s 10; 1996 c 467 s 1,2; 1998 c 389 art 13 s 1,2; 2003 c 112
art 2 s 50; 1Sp2003 c 1 art 2 s 71