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5.1. SR 08-22-1994 I ~"-( ( II 1ft{ River ITEM 5. 1. MEMORANDUM TO: Mayor and City Council FROM: Sandy Thackeray, City Clerk DATE: August 16, 1994 SUBJECT: Request to American Legion for donation of $1,300 from Charitable Gambling funds for the purchase of flags INTRODUCTION . The American Legion has asked the City to formally request a donation of $1,300 from Charitable Gambling Funds. The money will be used to purchase American flags to be replace the flags that are currently located along Highway 10 and Main Street. BACKGROUND "American Flags" are not specifically listed as a "lawful purpose expenditure" under the charitable gambling state statute. Therefore, the American Legion cannot directly purchase the flags with charitable gambling funds. The state statute does, however, allow contributions from charitable gambling funds to be made to "political subdivisions." This allows the political subdivision to make the request for funds for these types of items. The particular state statute relating to this issue is as follows: SS 349.12, Subd. 24 (10) "Lawful Purpose" - '~ 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. " I contacted the Gambling Control Board regarding this issue and was reassured that this type of request is legal and commonly used by other municipalities and organizations. . P.O. Box 490. 13065 Orono Parkway · Elk River, MN 55330 · (612) 441-7420 · Fax: (612) 441-7425 . RECOMMENDATION Motion to request $1,300 from the American Legion for the purchase of American flags to be located along Highway 10 and Main Street. council\f1ags.doc . .