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Minnesota Legislature

Office of the Revisor of Statutes

349.213 LOCAL AUTHORITY.
    Subdivision 1. Local regulation. (a) A statutory or home rule city or county has the authority
to adopt more stringent regulation of lawful gambling within its jurisdiction, including the
prohibition of lawful gambling, and may require a permit for the conduct of gambling exempt
from licensing under section 349.166. The fee for a permit issued under section 349.166 may
not exceed $100. The authority granted by this subdivision does not include the authority to
require a license or fee for a license or permit to conduct gambling by organizations, gambling
managers, gambling employees, or sales by distributors or linked bingo game providers licensed
by or registered with the board. The authority granted by this subdivision does not include the
authority to require an organization to make specific expenditures of more than ten percent per
year from its net profits derived from lawful gambling. For the purposes of this subdivision,
net profits are gross profits less amounts expended for allowable expenses and paid in taxes
assessed on lawful gambling. A statutory or home rule charter city or a county may not require an
organization conducting lawful gambling within its jurisdiction to make an expenditure to the
city or county as a condition to operate within that city or county, except as authorized under
section 349.16, subdivision 8, or 297E.02; provided, however, that an ordinance requirement
that such organizations must contribute ten percent per year of their net profits derived from
lawful gambling conducted at premises within the city's or county's jurisdiction to a fund
administered and regulated by the responsible local unit of government without cost to such fund,
for disbursement by the responsible local unit of government of the receipts for (i) charitable
contributions as defined in section 349.12, subdivision 7a, or (ii) police, fire, and other emergency
or public safety-related services, equipment, and training, excluding pension obligations, is not
considered an expenditure to the city or county nor a tax under section 297E.02, and is valid and
lawful. A city or county making expenditures authorized under this paragraph must by March
15 of each year file a report with the board, on a form the board prescribes, that lists all such
revenues collected and expenditures for the previous calendar year.
(b) A statutory or home rule city or county may by ordinance require that a licensed
organization conducting lawful gambling within its jurisdiction expend all or a portion of its
expenditures for lawful purposes on lawful purposes conducted or located within the city's
or county's trade area. Such an ordinance must be limited to lawful purpose expenditures of
gross profits derived from lawful gambling conducted at premises within the city's or county's
jurisdiction, must define the city's or county's trade area, and must specify the percentage of lawful
purpose expenditures which must be expended within the trade area. A trade area defined by a
city under this subdivision must include each city and township contiguous to the defining city.
(c) A more stringent regulation or prohibition of lawful gambling adopted by a political
subdivision under this subdivision must apply equally to all forms of lawful gambling within the
jurisdiction of the political subdivision, except a political subdivision may prohibit the use of
paddlewheels.
    Subd. 2. Local approval. Before issuing or renewing a premises permit, the board must
notify the city council of the statutory or home rule city in which the organization's premises
is located or, if the premises is located outside a city, the county board of the county and the
town board of the town where the premises is located. The board may require organizations to
notify the appropriate local government at the time of application. This required notification is
sufficient to constitute the notice required by this subdivision. The board may not issue or renew
a premises permit unless the organization submits a resolution from the city council or county
board approving the premises permit. The resolution must have been adopted within 90 days of
the date of application for the new or renewed permit or license.
    Subd. 3. Local gambling tax. A statutory or home rule charter city that has one or more
licensed organizations operating lawful gambling, and a county that has one or more licensed
organizations outside incorporated areas operating lawful gambling, may impose a local gambling
tax on each licensed organization within the city's or county's jurisdiction. The tax may be
imposed only if the amount to be received by the city or county is necessary to cover the costs
incurred by the city or county to regulate lawful gambling. The tax imposed by this subdivision
may not exceed three percent per year of the gross receipts of a licensed organization from all
lawful gambling less prizes actually paid out by the organization. A city or county may not use
money collected under this subdivision for any purpose other than to regulate lawful gambling.
All documents pertaining to site inspections, fines, penalties, or other corrective action involving
local lawful gambling regulation must be shared with the board within 30 days of filing at the
city or county of jurisdiction. A tax imposed under this subdivision is in lieu of all other local
taxes and local investigation fees on lawful gambling. A city or county that imposes a tax under
this subdivision shall annually, by March 15, file a report with the board in a form prescribed by
the board showing (1) the amount of revenue produced by the tax during the preceding calendar
year, and (2) the use of the proceeds of the tax.
History: 1984 c 502 art 12 s 18; 1986 c 467 s 25; 1987 c 327 s 21; 1988 c 705 s 1; 1989 c
209 art 1 s 35; 1989 c 334 art 2 s 44,45; 1989 c 335 art 1 s 220; 1990 c 590 art 1 s 37; 1991 c 199
art 2 s 1; 1991 c 336 art 2 s 34; 1994 c 633 art 2 s 19; art 5 s 96; 1994 c 633 art 2 s 2; 1995 c 264
art 17 s 11; 1998 c 322 s 6; 2000 c 300 s 8; 2001 c 96 s 13; 2005 c 166 art 1 s 36; 2006 c 205 s 28