79-004 ORD
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ORDINANCE NO.#'r1q~4
AN O~INANCE PROVIDING FOR THE LICENSING OF THE GAME OF BINGO AND THEREBY AMENDING
THE MUNICIPAL CODE BY ADDING CHAPTER 22
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The City Council of the City of Elk River does ordain as follows:
Sect~on 1. The Municipal Code of the City of Elk River is hereby amended by adding
thereto the following chapter:
CHAPTER 22
BINGO
22.01 Definitions. The following words and terms as used in this chapter shall have
the following meanings unless the context clearly indicates otherwise:
:(a) "Active member" means a member of an organization who has paid all his
or her dues to the organization and has been a member of the organization
for at least six months.
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(b) "Bingo" means a game where each player has a card or board for which
a consideration has been paid containing five horizontal rows of spaces,
with each row except the central one containing five figures. The central
row has four figures with the word "free" marked in the center space
thereof. A player wins a game of bingo by completing any pre-announced
combination of spaces or, in the absence of a pre-announcement of a
combination of spaces, any combination of five spaces in a row, either
vertical, horizontal or diagonal.
(c) "Bingo manager" means a member of an organization who has paid his or
her dues to the organization, who has been a member of the organization
for at least two years and who has been designated by the organization
to supervise bingo occasions conducted by it.
(d) "Bingo occasion" means a single gathering or session at which a series
of one or more successive bingo games is played.
(e) "Checker" means a person who records the number of bingo cards purchased
and played during each game and records the prizes awarded to the recorded
cards, but does not collect the payment for the cards.
(f) "Lawful purpose" means one or more of the following:
(1) Benefiting persons by enhancing their opportunity for religious
or educational advancement, by relieving or protecting them from
disease, suffering or distress, by contributing to their physical
well-being, by assisting them in establishing themselves in life
as worthy and useful citizens, or by increasing their comprehension
of and devotion to the principles upon which this nation was founded;
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(2) Initiating, performing, or fostering worthy public works or enabling
or furthering the erection or maintenance of public structures;
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(3) Lessening the burdens borne by government or voluntarily supporting,
augmenting or supplementing services which government would normally
render to the people;
(4) The improving, expanding, maintaining or repairing real property
owned or leased by an organization. "Lawful purpose" does not
include the erection or acquisition of any real property unless
the city council specifically authorizes the expenditures after
finding that the property will be used exclusively for one or more
of the purposes specified in this section.
(g) "Organization" means any fraternal, religious, veterans or other non-
profit organization covered by Minnesota Statutes, ~290.05, Subd. 1,
Clause (i) or (k), no part of the net income of which inures to the
benefit of any private member, stockholder or individual.
(h) "Profit" means the gross receipts collected from one or more bingo
occasions, less reasonable sums necessarily and actually expended for
bingo suppliers and equipment, prizes, rent and utilities used during
the bingo occasions, bingo license fees, taxes related to bingo, and
other expenses permitted by Minnesota Statutes Annotated, Sections 349.11
to 349.21.
22.02. License Required; Requirements for Issuance.
bingo occasions, as defined in this chapter, without
in this chapter.
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It shall be unlawful to conduct
being licensed as further provided
(a)
Licenses. Licenses to conduct bingo games shall be issued only to a
fraternal, religious, veterans or other non-profit organization covered
by Minnesota Statutes, Section 290.05, Subd. 1, Clause (i) or (k), no
part of the net income of which inures to the benefit of any private
member, stockholder or individual, which organization has been in
existence for at least three years, has at least thirty active members,
and complies with Minnesota Statutes Annotated, Section 349.15 to 349.21.
(b) Application.
(1) Application for a license to conduct the game of bingo shall be
made to the City Council not less than 35 days prior to said game
by an organization authorized by this chapter to conduct the game
of bingo. The application shall be verified by a duly authorized
officer and by the bingo manager of the organization who is
designated by the organization to supervise bingo occasions conducted
by it. The application, together with all fees required by this
chapter, shall be submitted to the City Clerk for presentation to
the Council.
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(2) The application shall be in the form specified by the City Clerk
and shall state the premises where the game of bingo will be
conducted and the date(s) and the hours for which permission is
requested. The game of bingo shall not be conducted on premises
other than those specified in the application.
(3) The City Council shall act on the application within 180 days from
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the date of application, but shall not issue a license until at
least 30 days after the date of the application. The City Council
shall in its discretion either grant or deny the application.
22.03 License Restrictions and Regulations.
(a) General Duties and Responsibilities of Licensed Organization. The
licensed organization shall be responsible for the proper conduct and
operation of the game of bingo and for compliance with the provisions
of Minnesota Statutes Annotated, Chapter 349 and all other pertinent
statutes; this chapter; and all other statutes, ordinances, and
regulations of any governmental agency pertaining to the conduct of such
activities or to the premises upon which the game of bingo shall be
conducted.
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(b) Operation. No compensation shall be paid to any person in connection
with a bingo occasion except an active member of the licensed
organization, or its auxiliary, or the spouse or surviving spouse of
an active member conducting the bingo occasion, nor shall any person
not an active member of the licensed organization or its auxiliary or
the spouse or surviving spouse of an active member participate in the
conduct of a bingo occasion, except by resolution of a majority of the
membership, recorded in the official minutes of the licensed organization.
Non-management assistants who are not active members of the licensed
organization, or its auxiliary, or the spouse or surviving spouse of
an active member, may be hired to assist members in conducting a bingo
occasion. In any event, compensation shall not exceed $12.00 for any
bingo occasion.
(c) Change of Officers. If subsequent to the issuance of the license there
is a change of officers of the licensed organization or of the bingo
manager as identified in said application, the licensed organization
or bingo manager shall promptly notify the City Clerk of such change
or changes.
(d) Fees.
(1) License fees shall be submitted with the application and shall be
$50.00 for a single day and $5.00 for each additional day.
(2) Each license shall expire on December 31 of the year for which said
license is issued unless a lesser time period is established by
the City Council at the time of granting the license.
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(e) Prize Limits. Prizes for a single bingo game shall not exceed $100.00
except for prizes of a game of the type commonly known as a "cover-all"
game. "Cover-all" prizes may exceed $100.00 provided that the aggregate
value of such prizes for a bingo occasion shall not exceed $500.00.
The aggregate value of prizes for a bingo occasion shall not exceed
$2,500.00 except that in the case of a bingo occasion during which a
"cover-all" game is played for a maximum prize of more than $100.00 but
not more than $500.00, the aggregate value of prizes for the bingo
occasion shall not exceed $3,000. Merchandise prizes shall be valued
at fair market retail value.
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(f) Premises. No licensed organization shall conduct the game of bingo on
any leased premises without a written lease for a term at least equal
to the remainder of the term of the bingo license of the licensed
organization. Lease payments shall be at a fixed monthly rate, or rate
per bingo occasion, not subject to change during the term of the lease.
No such lease shall provide that rental payments be based on the
percentage of receipts or profits from bingo occasions.
(g) Checker. One or more checkers shall be engaged for each bingo occasion.
The checker or checkers shall record the number of cards played in each
game prior to the completion of each game and record the prizes awarded
to the recorded cards. Each checker shall certify all figures which
he or she has recorded as accurate and correct to the best of his or
her knowledge.
(h) Records and Reports.
(1) At least 30 days prior to conducting its first bingo occasion of
the year and on an annual basis thereafter, a licensed organization
shall file with the City Clerk copies of the following:
(A) Department of the Treasury, Internal Revenue Service,
"Return of Organization Exempt from Income Tax," Form 990,
or a comparable form if the licensed organization is required
to file the form with the Department of the Treasury.
(B) Department of the Treasury, Internal Revenue Service,
"Exempt Organization Business Income Tax," Form 990-T, or a
comparable form if the licensed organization is required to
file the form with the Department of the Treasury.
(C) The annual report required of charitable organizations
by Minnesota Statutes 1974, Section 309.53, provided that a
licensed organization that conducts bingo but is exempt from
submitting this report to the Department of Commerce under
Section 309.53, Subd. lA, shall nevertheless submit such a
report under this section.
(D) The Minnesota Department of Commerce "Statement of Bingo
Operations." All information contained in the statement shall
be true, correct and complete to the best of the knowledge
of the person or persons signing the statement. Any person
who shall knowingly make a false statement or knowingly conceal
a material fact in the statement shall be subject to the
penalties provided in Minnesota Statutes Annotated, Section
349.22.
(E) Any lease agreements executed by the licensed organization
in regard to premises leased for the conduct of the game of
bingo.
(2) If any discrepancy is found between the amount of gross receipts
for a bingo occasion as determined by the checker's records and
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. Section 2. This Ordinance shall be in full force and effect from and after the
date of its publication.
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Passed and adopted this ;?;Jf{ day of tlf,2lLeJ
, 1971.
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, _,..../.' , Mayor
Attest:
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,City Clerk
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6.
I PUBLIC NOTICE
.4FFIDAVIT OF PUBLICATION
State of Minneso~a }
88.
County of Sherbur",e
Charles F, Dare. being duly sworn on oath says ~e is and durring all the times
herein stated has been the p\lblisher and printer of the ne'iV~pa"er known as
Sherburne County Star News and tJas f~II knowledge of the facts herein stated as
follows: (1) Said newspaper is print~d in the English language In ne\V1iPflper
format and in column and sheet form equivalent in printed space to at least 900
square Inches. (2) Said newspaper is a weekly and is distributed at least once
eill;h wee~. (3) Said newspaper has 5096 of Its news cl)lumns devoted to news of
local interest to the community whiCh it purports to serve and does not whOlly
duplicate any other publication aAd is net made up entireiy of patents, plate
matter and advertisements. '(4) Said newspaper is circulated In and near the
municipality Which it purports to serve, has at least 500 copies regularly
delivered to f?aylng subscribers. has an average of at least 7,$% of its total
circulation currently paid or no more thjln thr~e months In arrears i1nd has entry
as second-class matter in its local Post-offiCe. (5) Said newspaper purports to
serve the City of Elk ~iver in the County of Sherburne and It bas Its known office
of issue in the City of Elk River in said county, est.,bliShed and open during its
regular business hours for the gathering of news, sale of advertisements and sale
of Subscriptions and maintained bY the publisher of said newspaPer or persons in
Ills employ and subjec;t to his direction and control /1uring all such regular
business hqurs and devoted eXClUSively during such rliQular business hQurs to the
business of the newspaper ant;! business related thereto. (6) ~aid nlt\Yspaper flies
iI coPY of each issue immediately with, the State Historical Society. (7) Said
newspaper is made available at single or subscription prices to any person,
corporation. partnership or other unlnco,rporated association requesting the
newspaper and making the applicable payment. (8) Said newspaper has compiled
with all the foregoing I;onditions for at least one year preceding the day or dates
of publication mentioned i:)elow, (9) Said newsl1aper has flied with the Secretary
of State of Minnesota prior to January 1, 1966 ant! each January 1 thereafter an,
affidavit in the form prescribed by the Secretl!lry of State and signed bv the
publiSher of said newspaper and sworn to before a notary publiC stating that the
newspaper is il legal newspaper,
He further stiltes on oath that the printed
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hereto attached as part hereof Vo!as cut from the columns of s~l~ newspaper,
an9 \\!as printed and PUbliShed therein in the English language. once each week
for
I successive weeks; that it was first so pUbliShed on Thursday,
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d ()- day of (,,-, f -^ A..X 19--L..L and was thereafter
the
printed and publiShed every Thursdl!l'( to and including the
i
'day of , ' 19 and that the follOWing is a
printed copy of the lower <;ase alphabet from A to Z, both Inclusive, and Is hllreby
acknowledged as being the size and kind Of type used in the compQSltlon lInd
publication of said notice. to wit:
abcdefghljklmnopqrstuvwxyz
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(~(1/rZI/~~)t"'f~~i(( . Publisher
Subscribed and s'fVorn to before me this ;;l1, day of
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Notary p. _H " sota
I 8""~ MARLYCE MARQUART
, tJ 1 ~TARY PUBLIC. MINNSS~
My Comn \ r SHERtjUKNE COUN I T
~.~ My COmmission Expires Mar. 31, 1932
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