88-984 N�HITE - C�TV GLERK
PINK - FINANCE G I TY O SA I NT PA LT L Council �.,,[/
EANARY - DEPARTMENT /4) � ' {-
9l.UE � MAVOR File �O. `� � �� �
Counc 'l Resolution �� ,
Presented By ��
Referred To 1 � L ° Committee: Date � � � k'ra �
Out of Committee By Date
Whereas, The Saint Paul City Council ha established a special fund
for the administration and distribution of the proceeds contributed by
charitable gambling in on-sale liquor e tablishments as specified in
Chapter 409 of the Legislative Code, an
Whereas, The Mayor pursuant to Section 0.07.1 of the Charter of the
City of Saint Paul , does certify that t ere are available for
appropriation, total revenues in excess of those estimated in the 1988
Budget, and
Whereas, The Mayor recommends that the ollowing additions be made to
the 1988 Budget.
Financing Plan
Department of Finance & Management Servi ces
Division of Accounting Current Amended
715 - Trust Fund Budget Changes Budget
715 00000 9890 Fund Balance 0 30,274 30,274
Spending Plan
Department of Finance & Management S rvices
Division of Accounting Current Amended
715 - Trust Fund Budget Changes Budget
715 50060 0537 Transfer Out 0 30,274 30,274
Total 0 30,274 30,274
COUNCIL MEMBERS Requested by Department of:
Yeas Nays
Dimond
Lo� In Fa or
Goswitz
Rettman
��;�� Again t BY
s��
wa��
Form Appr v d by City Attorne
Adopted by Council: Date
v�'=�l-
Certified Passed by Counci( Secretary B3'
By� `
t#pproved by Mavor: Date _ Appr y Mayor for Sub ' ouncil
By
wH�7e - ciTr CLERK COtlt1C1I ��/y�/y.� �����/y6/.�/
�UERV�MAVORT ENT GITY O SAINT PAUL /j/�� %J� 7
File N 0. �+��_,t.c�
Counc 'l Resolution
Presented By
Referred To Committee: Date
Out of Committee By Date
Financing Plan
Department of Community Services
Division of Parks and Recreation Current Amended
339 Youth Athletic & Sports Assista ce Budget Changes Budget
339 33179 7399 Transfer-In 0 30,214 30,274
Total 0 30,274 30,274
Spending Plan Current Amended
Budget Changes Budget
339 33179 0299 Misc. Contracted Servi e 0 30,274 30,274
Total 0 30,274 30,274
Resolved that the City Council of the ity of Saint Paul does approve
these changes to the 1988 Budget.
� �l ����x``�
COUNCIL MEMBERS Requested by Department of:
Yeas Nays
Dimond
�ng In Fav r
Goswitz /
Rettman � �
�;�. _ Agains
�seeae�
Wilson
Adopted by uncil: Date
AUG —� �(7� Form Approv by City Attorney
Certified Ya-s d ouncil t BY — ��/
sy- "
t�ppr by 1�lavor: D _ � — 8 App y Mayor for ub ' s uncil
PU�I.IStiED AJ G 1 � 1988.
� ♦ i
1
1 � . v� � _ I +. .
� � 111� 1 G �
Commus�ity Seryices DBPA�TIlBNT . - - - - - -
L�►aa `�o1fE CQIiTitiCT NAME '�
e
292-7428 P�i01dS
� � 3/4/�$8 DATB .
ASSIGR pU!ffiER FOR ROtJTIt)ti ORDER: (See re erse side.)
�` � q'�
,� Dapartment Director 4 Mayor (or Assistant)� 1` �'�`"�
Finance at►d Msnagement Services Direc or 6 City Clbrk
irect,a�-.--� 5 City Council
City Attorney 7 hief Acconntant
TOTAL NUI�iBER Og SIGNATURE PAGES: (C ip all location o �gnature.)
? (Purpcse/Rationale)
,
Budget Authority will be established f r the Operation of the Yauth At etics and
Sports Assistance Program for the year 1988. RF�E�� ��C�i�a
ED
_ ��,�f �� 19 APR 2 91988
a1AYpR
88 Comm;mitv Services ,
c aN s �S OFF��E
Youth Athletic and Sports Fund will p vide grant/loan opportunities for a�hle�ic
groups Who have limited financing. T re is no cost to the City Gen�ral Tax Levy.
� Counci0 Research Center.
uncE c D J UN 0 7 ��8�
(Mayor's signature not required if under $10,000.)
Total Amaunt of Transgction: $30,274 Activity Number: 33179
50060 �
Fundi�g Source: Charitable Gamblfng R venues
ATTAC'HliENTS: (List and nwnber all atta ents.) �C�
Council Resolution. �Qx S
1988 '
6UD(i�T 4fFICE
AAi�INISTRATIVE PROCEDURES
_Yes _No Rules, Regulations, P ocedures, or Budget Amendment required?
_Yes _No If yes, are they or t metable attacheS?
AEPARTMENT REVIEW CITY ATTORNEY.xSVIEW
x Yes _�io Council resolution requ red? Resolution required? `Yes _No
_Yes g No Insurance reqaired? Insurance sufficient� _Yes �No
�Yes ?� �To Insurance attached?
� �� � ���= 9�'�
�..<-s��_�°�:� CIT�� OF SAINT PAUL
.aStiO� ��� . . .
�; ��, OFFICE OF 7HE CITY ATTORNEY
?,� iiii��ii�ii ��
o-.. --�� CDWARD P. STARR, CITY ATTORNEY
'��•,;,_:�n^�ri><=` 647 City Hali, Saint Paul, Minnesota 55102
612-298-5121
GEORG� LATIMER
MAl'OR
April 21 , 1988
Ms . Lynn Wolfe
Department of Community Serv' ces
3rd Floor
City Hall Annex
Dear Ms . Wolfe :
Our office has been asked t review and approve a budget transfer
for the purpose of provid'ng funds to the Community Services
Department to administer he . Youth Athletic and Sports Fund.
The attached green sheet explains that the proposed spending
plan includes salary costs for staff responsible for monitoring
costs , developing contrac s , mailing out flyers , publicity,
meeting notices , screening applications and providing guidance
ta advisory board. In t lking to Lynn rJolfe , I am advised
that of the proposed fund transfer of $30 , 274, $23 , 500 is to
be actual grants to eli ible youth athletic organizations ,
and the balance of $6 , 774 is to be used for the administrative
expenses for the "city-wi e organization" established by the
City Council to administe the funds . It is my opinion that
the City is not permitted by Minnesota Statutes , Chapter 349 ,
to use the monies received rom charitable gambling organizations ,
pursuant to section 409 . 2 of the Legislative Code , for such
administrative expenses .
The conduct of charitable gambling in Minnesota is regulated
generally by Chapter 349 o the Minnesota Statutes . The City' s
authority to also regula e charitable gambling is restricted
by the same provisions . he relevant provision of the statute
to the question presented above is § 349 . 213 , subdivision l ,
which provides as follows :
Local Regulation. statutory or nome rule city
or county has the a thority to adopt more stringent
regulation of any orm of lawful gambling within
its jurisdiction, in luding the prohibition of any
form of lawful gam ling within its jurisdiction,
including the prohibit ' on of any form of lawful gambling,
and may require a pe mit for the conduct of gambling
exempt from licensin under section 349 . 214. The
fee for a permit i sued under this subdivision may
not exceed $100. T e authority granted by this sub-
division does not i clude the authority to require
a license or permit t conduct gambling by organizations
� �v. - ��q�
Lynn Wolfe
Page Two
Rpril 21 , 1988
or sales by distribu ors licensed by the board.
The authority granted by this subdivision does not
include the authority to require an organization
to make specific expe ditures of more than ten per-
cent from its net profi s derived from lawful gambling.
For the purposes of his subdivision, net profits
are profits less amou ts expended for allowable ex-
penses . A statutory or home rule charter city or
county may not requi e an organization conducting
lawful gambling within its jurisdiction to make an
expenditure to the city or county as a condition
to operate within th t city or county, except as
authorized under sect ' on 349 . 16 , subdivision 4, or
section 349 . 212.
The City Council , in enacti g section 409. 22 of the Legis7.ative
Code , provided that cert in charitable organizations wnich
were permitted to conduct lawful gambling ir, bars must pay
10% of the net proceeds der' ved from such gambling to the city.
The funds paid to the city ould be distributed to youth athletic
organizations selected by a "city-wide organization" established
by the City Council and we e required to be expended only for
such lawful purposes as p rmitted by Chapter 349 , Minnesota
Statutes . It is my opinion hat this ordinance is not in conflict
with section 349. 213 becau e the city is permitted to require
the licensed gambling organ' zation to make specific expenditures
of not to exceed 10% of ' ts net gambling proceeds , which is
accomplished by the requir ments in section 409 . 22 that such
proceeds be donated to yo th athletic organizations selected
by the city-wide organizati n, and further because the ordinance
does not require that the 1 % net gambling proceeds be "expended
to the city as a condition t operate within the city" .
The city-wide organization established by the City Council
determines which youth at letic organization should receive
funding from the proceeds of the fund contributed to by the
licensed charitable organiza ions . The effect of these ordinance
provisions is to "require g mbling organizations to make specific
expenditures" for lawful pur oses and we believe is in compliance
with the provisions of secti n 349. 213 .
However , it is my opinio that the proposed expenditure of
a portion of these proceeds for administrative expenses incurred
by the city or by the ci -wide organization in administering
the program established b the City Council constitutes an
"expenditure to the city" , and is prohibited by the provisions
of 349 . 213 .
- � �--�- y�
Lynn Wolfe
Page Three
April 21 , 1988
Based on the above , I cann t approve the forrr� of the proposed
budget transfer as it applies to the use of the 10% proceeds
for city administrative ex enses . However , the City Council
may allocate funds from oth r sources for these administrative
expenses while still allocating the proceeds for di��ect contri-
butions to the youth athle ic organizations . I am returning
the resolution unsigned and request that you make the necessary
revisions to bring the propos 1 into compliance with this opinion.
Yours very truly,
J 0 E J . 5,�'G�L
l�ssistant City Attorney
,�V
JJS :cg
Encl .
� � ' . .�,�i��-�'�`�-
� CITY OF SAINT PA.UL -
� :i����E��.,� � o�zc� o� Ts� ciz� cornvcu. - .
� Ca '�tee Report -
� - �`: ance �iana�e ea & Personnel Committee. .
� .
Ju y 25, 1988
.. _,-�. ...:_ _ _�....___.M___m _._,._. _.. __.___ -_ : _.._ ......__�.__.� __
1:30 1. Approval of minutes of Jul 11 meet�ng. • - -
F I NANCE E MANAGEi1ENT •
------- _._ _---__ .
- . _�_- _.
�----Y-. ---- ---
- - _----
------- _,
/ 1:30 �2. Reso l.ut i on 8$-984 - afnend i g the 1988 budget by � `' �� �
; adding $30,274 to the Fin cing and Spending . - _ _
� Plans for Finance � Manag ent Services-Division ' _
of Accounting and the C nity Services Department
I for the Youth Athletics a d Sports Assistance
�� Program. (Referred from ouncil June 16, laid )
over July 18) _/
�.._ .__----_____----------
,/1:40 3. Resolution 88-1142 - amen ing the 1988 6udget by Approved '
, adding $6, 100 to the Fina cing and Spending Plans
for Traffic Maintenance P ojects. (Referred from �
Council July 14)
�� 1:45 4. Resolution 88-950 - setti g date of hearing ta Approved
consider sewer service 'ch rges. (Referred from
Council June 14, laid ove July 18)
1:50 5. Resolution 88- 5 - setting guideli�es for specfific Sent to Council without
P
ro,�ects fo use or $14,4 2,000 sewer revenue bond recatmendation.
proceeds. (Referred fr Council July 19)
2:15 6. Resolution 88-�1 0�- ame ing the 1987 capitaT Approved with amendment:
improvement b�dget by ad ing $1,000,000 to the
Flood Wall Design and rel ted projects and
establishing a design ad isory committee to work
with the Division of Par s and Recreation to design
development plans for pr jects related to Harriet '
Island Park. (Referred rom Council July 19)
� . (continued�
CITY HALL � SEVEN FLOOR SAINT PAUL,MINNFSOTA SSI02
'�;°
WHITE - CITV CLERK ` COI1fIC1I
PINK - FINANCE , G I TY O SA I NT . PA U L
CANARV - DEPARTMENT
BLUE - MAVOR FilC NO. �' � -
Counci Resolution
Presented By
Referred To Committee: Date
Out of Committee By Date
Whereas , The Saint Paul City Council has established a special fund
for the administration and distribution of the proceeds contributed by
charitable gambling in on-sale liquor establishments as specified in
Chapter 409 of the Legislative Cod and
Whereas , The Mayor pursuant�.�� Se ion 10 . 07 . 1 of the Charter of the
City of Saint Paul , does certify hat here are available for
appropriation , total revenues ' n ess of those estimated in the 1988
Budget , and
Whereas , The Mayor reco ds tha the ol owing additions be made to
the 1988 Budget .
Financing Plan
Department of Finance & Ma ageme rvices
Division of Accounting Current Amended
715 - Trust Fund Budget Changes Budget
715 00000 9890 Fund Balance 0 30 , 274 30, 274
Spending Plan �
�
Department of Finance & Manage ent S vices
Division of Accounting Cur n Amended
715 - Trust Fund dget Changes Budget
715 50060 0537 Transfer Out 0 30, 274 30, 274
Total 0 30, 274 30 , 274
COUNCIL MEMBERS Requested by Department of:
Yeas Nays
Dimond
�� [n Favor
Goswitz
Rettman
scne�ne� _ Against
Sonnen -
Wilson
Form Approved by City Attorney
Adopted by Council: Date
Certified Yassed by Council Secretary BY
gy,
A►pproved by Ylavor: Date _ _ Approved by Mayor for Submission to Council
By BY
.' • _
wNiTE — ciTV CLERK COUt1C11 n/�•
PINK - FINANCE G I TY O SA I NT PA LT L Y `�/
CANARV - DEPARTMENT C/l//�/
BLUE - MAVOR File NO. , ^ •r' -
Counci Resolution
Presented By
Referred To Committee: Date
Out of Committee By Date �
�-,ti.��c���. P��1�,�
��
Department of Community Servi es
Division of Parks and Recreat on Current Amended
339 Youth Athletic & Sports A sistant Budget Changes Budget
339 331� 7399 Transfer- In 0 30 , 274 30, 274
o/
Total ,�3��� 0 30 , 274 30, 274
/
Spending Plan Current Amended
Budget Changes Budget
0 , -43-5��---
0 �''SUU-� �"Q—
r i n i n g 0 '�"3� --- �
339 33179 0299 Mi sc . Contracted Servi ce 0 '`3�►�7� 23 , 500�,��� 23 , 500
. . —���5--_ ___
Total 0 30, 274 30, 274
Resolved that the City Council o the City of Saint Paul does approve
these changes to the 1988 Budget
/� �
�.J ,
COUNCIL MEMBERS Requested by Department of:
Yeas Nays
Dimond
�� [n Fav r
coswitz
Rettman '�
s�6e;n�� _ Against
Sonnen
Wilson
Form Approved by City Attorney
Adopted by Council: Date
Certified Passed by Council Secretary BY —
g�.
Approved by INavor: Date _ Approved by Mayor foc Submission to Council
By - BY