03-994Council File # � 3 — ��
Ordinance #
GreenSheet# 3�b
ORDINANCE
CITY OF SAINT PAUL, MINNESOTA
Presented By
Referred To
Committee Date :
1 An ordinance amending Chapter 402 to comply with changes to the state law regazding
2 charitable gambling
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4 THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN:
6 Section 1
8 Section 402.03 of the Saint Paul Legislative Code is hereby amended to read as follows:
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Sec. 402.03. General regulations.
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(a) The following regulations and resuictions shall apply to lawful gambling conducted within the
City of Saint Paul and shal] apply to organizations licensed by the state pursuant to Minnesota
Statutes, Chapter 349, and to organizations issued pernuts pursuant to this chapter.
(b)
(c)
(d)
(e)
Prize limits. Prize limits for lawful gambling shall not exceed the limits pernutted by state law.
Liquor and minors/bingo. No intoxicating or nonintoxicating liquor or beer shall be sold, served
or consumed in the room where the bingo game is conducted.
Bingo--Game conduct and procedure:
(1) Public view of proceedings: All bingo games shall be conducted in full view of the
public and all accounting for and changing of money shall take place in the game room
or hall in full view of game participants.
�2)
(3)
Numbers: The selection and calling of numbers shall be in view of game participants and
all numbers called shall be determined by chance by use of a fix-proof device of a kind
approved by the inspector.
Record of numbers: The organization shall maintain in full public view a record of the
number of bingo games played or that is being played at all times during each bingo
session.
Time and place limitations. All such organizations shall comply with the requirements of state
law as to the allowable number of bingo occasions and other time and place ]imitations, and such
reasonable conditions and restrictions, including, but not limited to, by reason of this
specification, restrictions on the number of occasions and/or hours of operation, as may be
imposed on the applicable bingo, gambling or bingo hall license. P U��S�1
�� 15 p�
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Bingo regulations—State licenses. The following regulations apply only to charitable
organizations licensed by the State Charitable Gambling Control Boazd for the conduct of bingo.
(1) Age limitation: No person under the age of eighteen (18) years shall be allowed in the
room while bingo games are conducted.
7 (2) L"unitation of number of bingo licenses: No more than seventy (70) bingo licenses shall
8 be issued or permitted to be issued in the City of Saint Paul. This restriction shall apply
9 only to bingo licenses issued for more than five 5€am-{&j bingo occasions during a
10 twelve-month period issued by the Minnesota State Charitable Gambling Control Boazd.
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(3) Pull-tabs and tipboards: Puli-tabs and tipboazds may be sold only during the hours that
bingo may be conducted and one-half hour before and after each bingo occasion, shall be
sold only from a booth approved by the inspector, and shall be used solely by the
charitable organization for that purpose. In addition, pull-tabs may be sold from a
movable cart at the same time that they may be sold from a booth, provided that the
entire pull-tab deal shall be displayed at all times for sales from a booth, cart or both.
Pull-tabs and tipboards shali be sold in the manner described in sections 409.22 of this
Legislative Code.
(g) Raffle regulation. No person or organization, whether or not licensed by the state or issued a
pernut under this chapter, shall conduct or a11ow to be conducted under its name more than five
�#�n-�4j raffles in any calendar year.
(h) Pull-tabs; information required to be posted. In accordance with the provisions of Minnesota
Statutes, Section 349.172, organizations selling pull-tabs must post in a prominent place at the
point of sale all major prizes that have been awarded from each deal of pul]-tabs. Posting of
major prizes shall be done immediately upon awazding of the prize.
Section 2
Section 402.05 of the Saint Paul I,egislative Code is hereby amended to read as follows:
Sec. 402.05. Local gambling tax.
(a) Tvc imposed. There is hereby imposed a tax of two and one-half (2 1/2) percent ixr�99& ami-in
�999 on the gross receipts less prizes from all lawful gambling taking place within the city and
received by any person or organization licensed pursuant to Minnesota Statutes, Chapter 349.
(b) Use of tax proceeds. All tax proceeds shall be used for the purpose of regulating lawful gambling
within the city.
(c) When due and payable. The tax imposed by this chapter shall be due and payable to the inspector
on or before the last day of the month next succeeding the month in which the organization
collected gross receipts from charitable gambling. Remittance of the full amount of the tas shall
be accompanied by completed monthly returns on forms prepared by the inspector, containing all
the information required thereon. The inspector may adopt or use all or parts of state forms used
under Minnesota Statutes, Chapter 349.
(d) Tax forms, rules and regulations. The inspector shall devise and furnish upon request to all those
required to pay the tax suitable form returns on which to report and account for all ta�ces required
to be paid under this section. The inspector may, upon notice and hearing, adopt such rules and
regulations as may be necessary to effect collection of the tax.
(e) Reports to state. In compliance with Minnesota Statutes, Section 349.212, subdivision 5, the
inspector shall file by Much 15 of each yeaz a report with the Minnesota gambling control board
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in the form prescribed by said boazd showing the amount of revenue produced by the tax during
the preceding calendar year and the use of the proceeds of the taY.
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(� Late payment penalty. If a tax payment is not received by the inspector on or before the due date
provided above, a late payment fee of ten (10) percent of the total amount of tax proceeds due
and owing on any given due date shall be added to the tax total and paid by the person or
organization before the next monthly tas due date. An addifional ten (10) percent late payment
fee shall be added to the total due for each month during which due tax proceeds aze not paid or
withheld. Failure to make any required tas proceeds payment shall be su�cient grounds for
adverse action by the council pursuant to sections 310.05 and 310.06 of this Legislative Code,
and the council may impose payment of taxes and late fees in full as a condirion precedent to
fm operation of the licensed activity, in addition to any other penalties including suspension
or revocation.
Section 3
Section 402.06 of the Saint Paul Legislative Code is hereby amended to read as follows:
Sec. 402.06. City pemut required; administration as Class $ T license.
(a) City pemut required. Lawful gambling by organizations not required to obtain a state license
pursuant to said Chapter 349 may be conducted in the Ciry of Saint Paul if an organization has
been issued a pemut approved by council resolution and upon compliance with the provisions of
this chapter.
(b) Class $ T permit. Notwithstanding any other provision of law to the contrary, the gambling
pernut provided herein shall be administered as a Class � T license and subject to those
provisions of these chapters governing Class $ T licenses.
Section 4
Section 402.07 of the Saint Paul Legislative Code is hereby amended to read as follows:
Sec. 402.07. City permit application.
Application for city gambling pernut shall be made to the inspector upon an application form
supplied to the inspector, together with such additional information as may be required by the inspector.
A sepazate application shall be required for each gambling event
that is to be conducted. Applications must be filed with the inspector at least seven (7) days prior to the
requested date of the gambling event.
Section 5
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Section 402.10 of the Saint Paul Legislative Code is hereby amended to read as follows:
Sec. 402.10. Use of gambiing profits.
Profits from lawful gambling may be expended only for lawful purposes as authorized at a
regular meeting of the conducting organization. Organizations holding a E��� State of
Minnesota Charitable Gambling License to conduct bingo and/or the sale of pull-tabs, tipboards and
paddlewheels shall pay to the Youth Program Fund, or to one (1) or more eligible recipients on the list
established pursuant to section 409.235, following the procedures established therein, ten (10) percent of
the monthly net profits from each Saint Paul site at which charitable gambling operations are conducted
from the sale of pull-tabs, tipboards and paddlewheels.
Section 6
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Section 402.13 of the Saint Paul L.egislative Code is hereby amended to read as follows:
Sec. 402.13. Owned/leased premises.
An licensed organization conducting d2e�pernritted lawful gambling shall do so only on premises
either owned by it or pursuant to a written lease agreement with the owner of the property. All leases
shali complv with the nrovisions of Minn. Stat. Chanter 349 and the rules nromulgaQed bv the State of
Minnesota Gamblina Control Boazd. A Ecopy of the lease agreement shall be filed with the inspeetar
Office of License, Inspections and Environmental Protecuon.
Section 7
This ordinance shall take effect and be in force thirty (30) days following its passage, approval
and publication.
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� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
DeQartmenUoffice/wuncil: Date loitiated: ,
�p -L�ceoseanspecrion��onrroc Z�o�-03 Green Sheet NO: 3007220
Contact Person & Phone: Deoarhnent Sent To Person InitiaUDate
VfglniaPalmet y 0 icensrJins ection/EovironPro
266-8710 pu�yn 1 i enseRns ection/Environ Pro
M t Be on Council Agenda by (Date): Number Z pttome
� For 3 vor's Office i
Routing
Order 4 uncil
5 i Clerk
Total # of Signature Pages _(Ciip All locations for Signature)
Action Requested:
Approval of an ordinance amending Saint Paul Legislative Code, Chapter 402 to comply with changes to the state law regazding
charitable gambling.
Recommendations: Approve (A) or Rejed (R): Pewonal Service Contracts Must Answer the Pollawing Questions: �
Planning Commission 1. Has this personffirm everworked under a wntract for this department?
CIB Committee Yes No
Civ'd Service Commission 2. Has this personffirtn ever been a city employee?
Yes No
. 3. Does this person/�irm possess a skill not normally possessed by any
current city employee? �
Yes No
` E�cplain all yes answers on separate sheet and attach to green sheet "�
Initiating Problem, Issues, Opportunity (Who, What, When, Where, Whyg "
State law was amended in the 2003 Minnesota Legislative Session. These changes aze merely housekeeping fo make the Saint Paul
Legislative Code conform with State Law.
AdvantaSles If Approved:
Conformity with State Law.
Disadvantaqes If Approved: �
None.
DisadvantaAes If Not Approved: � -
None. State law wIll srill supersede Saint Paul Legislarive Code.
C�s�`s� ��se�rch ��zC2s
Tota� Amount of CosVRevenue Budgeted: �� i c� �U � � �
Transaction:
Funding Source: Activity Number: -
Fi�ancial Information: e
(Explain) � i