CR 97-230 Revision Of Lawful Gambling Policy
December 11, 1997 Council Report 97-230
REVISION OF LAWFUL GAMBLING POLICY
Proposed Action
Staff recommends approval of the following motion: Move that the Hopkins City Council
adopt Resolution 97-120 approving revisions to Legislative Policy 4-A -Lawful
Gambling.
Approval of this motion will revise the City's policy on Lawful Gambling.
Overview
The City Council has discussed the amending the current City policy on Lawful
Gambling. At the December 9 Worksession the Council supported making several
changes to the Policy. The Council requested that staff provide a revised Legislative
Policy 4-A for the December 16 City Council meeting. The Council also requested that
interested organizations be informed of the proposed changes.
The following issues are addressed in the revised policy:
• Limiting the number of sites where gambling can take place
• Limiting bingo to sites owned by licensed organizations
• Requiring some evidence of membership support for gambling activities
Primary Issues to Consider
• What changes are recommended to the policy?
Supporting Documents
• Revised Legislative Policy 4-A
• Resolution 97-120
• Selected excerpts from the Minnesota Statutes and Rules regarding Lawful
Gambling.
A. Genellie, Assistant City Manager
Council Report #97-230
Page 2
Issues to Consider
1. Limiting the number of sites where gambling can be conducted. Staff recommends
that the following language be added to the City's policy:
No application for a premises permit will be approved for any organization to conduct
ag mbling on any premises other than the premises of an on-sale liquor licensee or the
premises of a fraternal. veterans or other non-profit organization In order for a fraternal
veterans. or other nonprofit organization to conduct gambling on their premises such
premises must have been continuously owned and occupied for a period of at least five
vears. No application for premises permit shall be approved for any organization for a
site established for the primary purpose of conducting gambling. This section shall not
ap.~ly to any organization which is exempt from the requirement for a gamblin. license
according to M. S. 349.166
This language would:
a. Allow gambling at establishments that have either an on-sale liquor license or are
owned by a fraternal, veterans, or other non-profit organization.
b. It would prevent a fraternal, veterans, or other non-profit organization from setting
up a location for the purpose of conducting gambling by: 1) prohibiting the
issuance of a license to a site established for the primary purpose of gambling;
and 2) requiring such an organization to own and operate a site for at least five
years before gambling could be conducted there.
c. Make it clear that the above restrictions only apply to Class A through D licenses
and not to organizations that are exempt from state licensing (i.e. those
organizations that conduct gambling on an occasional basis).
2. Limiting bingo. Bingo would be limited to sites that are owned and operated by a
fraternal, veterans, or other non-profit organization:
A Class A license will only be approved for an organization that is licensed pursuant to
Minnesota Statute. section 349.16, and that conducts gambling on premises that it owns
and operates.
3. Requiring organizations to demonstrate approval of their membership of the intent to
conduct gambling:
Organizations seeking approval for a premises permit that are not currently conducting
ag mblinq in the Citv must provide the City in addition to the application forms a copy
State law requires organizations applying for a premises permit to have the approval of
fhe chief executive officer and gambling manager and for the chief executive officer,
gambling manager and members of the governing board to sign an affidavit. There is
no state requirement for approval by the general membership of an organization.
Council Report #97-230
Page 3
- It is reasonable for the City to expect that a decision to undertake Lawful Gambling
would have been reviewed and approved at a general membership meeting. This
language would require organizations, which do not currently conduct gambling, to
provide the City with a copy of the meeting minutes demonstrating this approval. This
requirement is not extended to organizations that are conducting gambling since state
law requires them to report back to their membership on a regular basis.
4. Two other changes that staff is recommending are amendments to Sections 2.13 and
2.14. The change in 2.13 would make it clear that the City can ask for additional
documentation from licensed organizations as is necessary. The change in 2.14 would
apply the $100.00 fee to new applications for premises permits as well as renewals. It
would also bring the policy into compliance with practice by making it clear that an
organization only has to pay a single $100.00 fee regardless of the number of premises
permits they are seeking.
Alternatives
1. Adopt Resolution 97-120.
2. Adopt Resolution 97-120 with any further language changes or amendments
to Legislative Policy 4-A.
3. Do not approve Resolution 97-120 and decide to not make any changes to
the existing policy.
4. Continue the item to another Council Meeting.
Staff recommends alternative one.
POLICY 4-A
LAWFUL GAMBLING
1. PURPOSE
1.01 The purpose of this policy is to establish rules and procedures for lawful gambling
in the City of Hopkins.
2. REGULATIONS
2.01 Except as otherwise enumerated herein, the provisions of Minnesota Statute
Chapter 349 relating to the definition of terms, licensing and restrictions of
gambling are adopted and made a part of the statement of policy promulgated by
the City of Hopkins as if set out in full
2.02 An applicant for a license shall be a registered Minnesota nonprofit corporation or
an organization which is designated as exempt from the payment of income taxes
by the Internal Revenue Code and whose principal location or office is within the
City of Hopkins.
2.03 The organization defined in Section 2.02 must be engaged in its activities for the
benefit of the community within the City of Hopkins for at least five years on a
perpetual, continuous, uninterrupted basis and have at least 30 active members.
2.04 Gambling allowed by the city shall be carried on only within premises owned,
occupied or leased by the organization except such activities permissible under
M. S. 349.166.
2.05 No application for a premises permit will be approved for any organization to
conduct ag mblin on any premises other than the premises of an on-sale liquor
licensee or the premises of a fraternal_ veterans or other non-profit organization.
In order for a fraternal_ veterans. or other non-profit organization to conduct
ambling on their premises, such premises must have been continuously owned
and occupied for a period of at least five years. No application for premises
permit shall be approved for any organization for a site established for the
according to M.S. 349.166.
2.06 A Class A license will onl,~pproved for an organization that is licensed
pursuant to Minnesota Statute, section 349 16, and that conducts ambling on
remises that it owns and o erates.
2.07 More than one organization, as defined in Section 2.02, may conduct gambling
within a single owned, occupied or leased premise. More than one organization
may jointly conduct a lawful gambling game at one location. However, two or
more organizations shall not separately conduct the same game at the same time
at one location.
2.08 The operation of gambling devices and the conduct of bingo and rattles licensed
or approved pursuant to the authority granted to the City of Hopkins shall be
carried on under the supervision of a gambling manager designated by the
organization. The gambling manager shall be responsible for the operation of the
gambling activity and the receipts and profits generated from the operation.
2.09 The gambling manager shall be an active member of the organization issued the
license and shall qualify under state law.
2.10 Participants in raffles, paddlewheels, pull tabs and tip boards shall be restricted to
individuals who have attained the legal drinking age. This restriction only applies
to premises where liquor, wine, beer or 3.2 beer is served. Where intoxicating
beverages are not served the age shall be eighteen.
2.11 Organizations seeking_apnroval for a premises permit, that are not currently
conducting- ae mbling in the City, must provide the City, in addition to the
application forms, a copy of the minutes of a general membership meeting
wherein the organization approved a motion authorizing the ambling activities.
2.12 Organizations wishing to renew a gambling license must provide the City with a
financial audit of its lawful gambling activities and funds for the previous two
yeazs. The audit(s) must be performed by an independent accountant licensed by
the state of Minnesota.
2.13 In addition, such organizations must provide the City with information on all
expenditures of lawful gambling funds during the previous two years. Such
information must include at a minimum the name of the recipient, the amount of
the expenditure or contribution, and a brief description of how the expenditure or
contribution meets the definition of "lawful purposes" as defined in M.S. 349.12.
2.14 A fee of $100.00 shall be charged to all licensed organizations submitting a
Premises Permit Renewtrl Application or Applications for approval by the City.
Established 11/19/85 by Resolution 85-3218
Revised 4/19/94
City of Hopkins
CITY OF HOPHINS
Hennepin County, Minnesota
RESOLUTION NO. 97-120
WHEREAS, the City Council of the City of Hopkins has approved a document entitled the
Legislative Policy Manual to provide uniform guidelines on City policies so that actions taken
are consistent and fair; and
WHEREAS, additions and revisions to this manual may be implemented by resolution of the City
Council; and
WHEREAS, the Hopkins City Council has determined that Legislative Policy #4-A -Lawful
Gambling needs to be amended; and
WHEREAS, the City Council has determined that the unrestricted spread of gambling could have an
adverse impact on the community; and
WHEREAS, the City Council recognizes the unique character of bingo and desires to restrict the
number of locations where it can be played; and
WHEREAS, the City Council desires organizations to demonstrate the support of their membership
to conduct gambling;
NOW THEREFORE BE IT RESOLVED, that the City Council of the City of Hopkins hereby
amends the attached Legislative Policy #4-A.
Adopted by the City Council of the City of Hopkins this 16th day of December, 1997.
By
Charles D. Redepenning, Mayor
ATTEST:
Terry Obermaier, City Clerk
MINNESOTA STATUTE 349.16 ORGANIZATION LICENSES.
Subdivision 1. License required. An organization may conduct lawful gambling if it
has a license to conduct lawful gambling and complies with this chapter.
Subd. 1a. Repealed by amendment, 1990 c 590 art 1 s 17
Subd. 2. Issuance of gambling licenses. (a) Licenses authorizing organizations to
conduct lawful gambling may be issued by the board to organizations meeting the
qualifications in paragraphs (b) to (h) if the board determines that the license is
consistent with the purpose of sections 349.11 to 349.22.
(b) The organization must have been in existence for the most recent three years
preceding the license application as a registered Minnesota nonprofit corporation or as
an organization designated as exempt from the payment of income taxes by the Internal
Revenue Code.
(c) The organization at the time of licensing must have at least 15 active members.
(d) The organization must not be in existence solely for the purpose of conducting
gambling.
(e) The organization has identified in its license application the lawful purposes on
which it proposes to expend net profits from lawful gambling.
(f) The organization has identified on its license application a gambling manager and
certifies that the manager is qualified under this chapter.
(g) The organization must not, in the opinion of the board after consultation with the
commissioner of revenue, be seeking licensing primarily for the purpose of evading or
reducing the tax imposed by section 297E.02, subdivision 6.
Subd. 3. Term of license. Licenses issued under this section are valid for two years.
MINNESOTA RULES 7861.0020 LICENSED ORGANIZATION.
Subpart 1. License required. No person shall engage in the conduct of lawful gambling
without having obtained a license under this part. An organization shall make
application to the board to be licensed to conduct lawful gambling. An application shall
be considered by the director pursuant to the provisions of this part.
Subp. 2. Licensing qualifications. In addition to the qualifications contained in
Minnesota Statutes, section 349.16, subdivision 2, the director shall not issue a license
to:
A. an organization that has not been licensed to conduct lawful gambling within the
preceding 12 months if its current chief executive officer and individual who will be its
gambling manager have not completed a gambling manager seminar;
B. an organization which has not established a permanent location in Minnesota where
the gambling records required to be maintained by this chapter will be kept and which
has not established a gambling bank account within Minnesota;
C. an organization which has as an officer or member of its governing body who (i)
within the last five years has been convicted in federal or state court of a felony or gross
misdemeanor, (ii) has ever been convicted of a crime involving gambling, or (iii) has had
a license issued by the board revoked for a violation of law or rule;
D. an organization whose conduct of lawful gambling is or would be inconsistent with
Minnesota Statutes, sections 349.11 to 349.23, as indicated by (i) lack of financial
responsibility, (ii) demonstrated lack of control of lawful gambling, or (iii) consent order
requirements that have not been completed;
E. an organization that does not have a gambling manager who will be licensed by the
board at the time the organization obtains its.license; or
F. an organization that will not obtain at feast one premises permit at the time the
organization obtains its license.
Subp. 3. Contents of organization application. The application must contain the
following information with respect to the applicant:
A. the official legal name of the organization and any other names used;
B. the business address and telephone number of the organization;
C. a Minnesota tax identification number, if any;
D. the full names, titles, dates of birth, and business telephone numbers of the
organization's chief executive officer, treasurer, and other members of the
organization's governing body;
E. the home address of the organization's chief executive officer;
F. a designation of whether the organization is a fraternal, veterans, religious, or other
nonprofit organization and the number of years the organization has been in existence;
G. the name and home or business address of the gambling manager;
H. the class of license for which application is made;
1. the number of active members in the organization;
J. the current status of the organization's license, if any;
K. a list of lawful purpose expenditures for which the organization proposes to expend
net gambling funds;
L. a list of the organization's other sources of income and income activities;
M, the day and time of the regular meetings of the organization;
N. an acknowledgment that a membership list of the organization will be available
within seven days after it is requested by the board;
O. an acknowledgment that the organization will file an appropriate license #ermination
plan in the event the organization terminates lawful gambling; and
P, such additional information as is necessary to properly identify the applicant and to
ensure compliance with Minnesota Statutes, sections 349.11 to 349.23.
Subp. 4. Attachments to application. The applicant must attach the following to the
application:
A. a copy of its internal control system on a form provided by the board;
B. proof of Minnesota or Internal Revenue Service income tax exempt status or a
current certificate of nonprofit status from the secretary of state;
C. a copy of a charter of the parent organization, if chartered;
D. a compensation schedule identifying duties and rate of compensation for each duty
in the conduct of lawful gambling on a form provided by the board;
E. a registration form and current photograph for each employee receiving
compensation for the conduct of lawful gambling;
F. a statement listing the permanent location within Minnesota of the organization's
gambling records and the bank in Minnesota where the organization will maintain a
separate gambling account; and
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G. a signed, notarized affidavit of the chief executive officer, treasurer, and members of
the governing body of the organization on a form provided by the board.
Subp. 5. Changes in application information. If any information submitted in the
application changes, the organization must notify the board within ten days of the
change.
Subp. 6. Fees. There is no application fee for an organization license.
MINNESOTA STATUTE 349.165 PREMISES PERMITS.
Subdivision 1. Premises permit required; application. A licensed organization may
not conduct lawful gambling at any site unless it has first obtained from the board a
premises permit for the site. The board shall prescribe a form for permit applications,
and each application for a permit must be submitted on a separate form. A premises
permit issued by the board is valid for two years. The board may by rule limit the
number of premises permits that may be issued to an organization.
Subd. 2. Contents of application. An application for a premises permit must contain:
(1) the name and address of the applying organization and of the organization's
gambling manager;
(2) a description of the site for which the permit is sought, including its address and,
where applicable, its placement within another premises or establishment;
(3) if the site is leased, the name and address of the lessor and information about the
lease the board requires, including all rents and other charges for the use of the site;
and
(4) other information the board deems necessary to carry out its purposes.
An organization holding a premises permit must notify the board in writing within ten
days whenever any material change is made in the above information.
Subd. 3. Fees. The board may issue four classes of premises permits
corresponding to the classes of licenses authorized under section 349.16, subdivision 6.
The fee for each class of permit is:
(1) $400 for a class A permit;
(2) $250 for a class B permit;
(3) $200 for a class C permit; and
(4) $150 for a class D permit.
Subd. 4. Identification of premises. No organization may seek or accept assistance
from a manufacturer or distributor, or a representative, agent, afFliate, or employee of a
manufacturer or distributor, in identifying potential locations for gambling conducted by
the organization.
MINNESOTA STATUTES 349.166 EXCLUSIONS; EXEMPTIONS.
Subdivision 1. Exclusions. (a) Bingo may be conducted without a license and
without complying with sections 349.168, subdivisions 1 and 2; 349.17, subdivisions 1,
4, and 5; 349.18, subdivision 1; and 349.19, if it is conducted:
(1) by an organization in connection with a county fair, the state fair, or a civic
celebration and is not conducted for more than 12 consecutive days and is limited to no
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more than four separate applications for activities applied for and approved in a
calendar year; or
- (2) by an organization that conducts four or fewer bingo occasions in a calendar year.
An organization that holds a license to conduct lawful gambling under this chapter
may not conduct bingo under this subdivision.
(b) Bingo may be conducted within a nursing home or a senior citizen housing project
or by a senior citizen organization without compliance with sections 349.11 to 349.15
and 349.153 to 349.213 if the prizes for a single bingo game do not exceed $10, total
prizes awarded at a single bingo occasion do not exceed $200, no more than two bingo
occasions are held by the organization or at the facility each week, only members of the
organization or residents of the nursing home or housing project are allowed to play in a
bingo game, no compensation is paid for any persons who conduct the bingo, a
manager is appointed to supervise the bingo, and the manager registers with the board.
The gross receipts from bingo conducted under the limitations of this subdivision are
exempt from taxation under chapter 297A.
(c) Raffles may be conducted by an organization without a license and without
complying with sections 349.154 to 349.165 and 349.167 to 349.213 if the value of all
raffle prizes awarded by the organization in a calendar year does not exceed $750.
(d) The organization must maintain all required records of excluded gambling activity
for 3-1/2 years.
Subd. 2. Exemptions. (a) Lawful gambling may be conducted by an organization
without a license and without complying with sections 349.168, subdivisions 1 and 2;
349.17, subdivisions 4 and 5; 349.18, subdivision 1; and 349.19 if:
(1) the organization conducts lawful gambling on five or fewer days in a calendar
year;
(2) the organization does not award more than $50,000 in prizes for lawful gambling
in a calendar year;
(3) the organization pays a fee of $25 to the board, notifies the board in writing not
less than 30 days before each lawful gambling occasion of the date and location of the
occasion, or 60 days for an occasion held in the case of a city of the first class, the
types of {awful gambling to be conducted, the prizes to be awarded, and receives an
exemption identification number;
(4) the organization notifies the local government unit 30 days before the lawful
gambling occasion, or 60 days for an occasion held in a city of the first class;
(5) the organization purchases all gambling equipment and supplies from a licensed
distributor; and
(6) the organization reports to the board, on a single-page form prescribed by the
board, within 30 days of each gambling occasion, the gross receipts, prizes, expenses,
expenditures of net profits from the occasion, and the identification of the licensed
distributor from whom all gambling equipment was purchased.
(b) If the organization fails to file a timely report as required by paragraph (a), clause
(3) or (li), the board shall not issue any authorization, license, or permit to the
organization to conduct lawful gambling on an exempt, excluded, or licensed basis until
the report has been filed.
(c} Merchandise prizes must be valued at their fair market value.
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(d) Unused pull-tab and tipboard deals must be returned to the distributor within
seven working days after the end of the lawful gambling occasion. The distributor must
accept and pay a refund for all returns of unopened and undamaged deals returned
under this paragraph.
(e) An organization that is exempt from taxation on purchases of pull-tabs and
tipboards under section 297E.02, subdivision 4, paragraph (b), clause (4), must return
to the distributor any tipboard or pull-tab deal no part of which is used at the lawful
gambling occasion for which it was purchased by the organization.
(f) The organization must maintain all required records of exempt gambling activity for
3-1/2 years.
Subd. 3. Raffles; certain organizations. Sections 349.168, subdivision 4; and
349.211, subdivision 3, and the membership requirements of section 349.16,
subdivision 2, paragraph (c), do not apply to raffles conducted by an organization that
directly or under contract to the state or a political subdivision delivers health or social
services and that is a 501(c)(3) organization if the prizes awarded in the raffles are real
or personal property donated by an individual, firm, or other organization. The person
who accounts for the gross receipts, expenses, and profits of the raffles may be the
same person who accounts for other funds of the organization.
MINNESOTA STATUTE 349.167 GAMBLING MANAGERS.
Subdivision 1. Gambling manager required. (a) All lawful gambling conducted by a
licensed organization must be under the supervision of a gambling manager. A
gambling manager designated by an organization to supervise lawful gambling is
responsible for the gross receipts of the organization and for its conduct in compliance
with all laws and rules. A person designated as a gambling manager shall maintain a
fidelity bond in the sum of $10,000 in favor of the organization conditioned on the faithful
performance of the manager's duties. The terms of the bond must provide that notice
be given to the board in writing not less than 30 days before its cancellation.
(b) A person may not act as a gambling manager for more than one organization.
(c) An organization may not conduct lawful gambling without having a gambling
manager.
(d) An organization may not have more than one gambling manager at any time.
Subd. 2. Gambling managers; licenses. A person may not serve as a gambling
manager for an organization unless the person possesses a valid gambling manager's
license issued by the board. In addition to the disqualifications in section 349.155,
subdivision 3, the board may not issue a gambling manager's license to a person
applying for the license who:
(1) has not complied with subdivision 4, clause (1);
(2) within the five years before the date of the license application, has committed a
violation of law or board rule that resulted in the revocation of a license issued by the
board;
(3) has ever been convicted of a criminal violation involving fraud, theft, tax evasion,
misrepresentation, or gambling; or
(4) has engaged in conduct the board determines is contrary to the public health,
welfare, or safety or the integrity of lawful gambling.
A gambling manager's license runs concurrent with the organization's license unless
the gambling manager's license is suspended or revoked. The fee for a gambling
manager's license is $200. During the second year of an organization's license the
license fee for a new gambling manager is $100.
Subd. 3. Repealed, 1994 c 633 art 5 s 99
Subd. 4. Training of gambling managers. The board shall by rule require all persons
licensed as gambling managers to receive periodic training in laws and rules governing
lawful gambling. The rules must contain the following requirements:
(1) each gambling manager must receive training before being issued a new license,
except that in the case of the death, disability, or termination of a gambling manager, a
replacement gambling manager must receive the training within 90 days of being issued
a license;
(2) each gambling manager applying for a renewal of a license must have received
continuing education training, as required by board rule, each year ofthetwo-year
license period; and
(3) the training required by this subdivision may be provided by a person authorized
by the board to provide the training. Before authorizing a person to provide training, the
board must determine that:
(i) the provider and all of the provider's personnel conducting the training are qualified
to do so;
(ii) the curriculum to be used fully and accurately covers ail elements of lawful
gambling law and rules that the board determines are necessary for a gambling
manager to know and understand;
(iii) the fee to be charged for participants in the training sessions is fair and
reasonable; and
(iv) the training provider has an adequate system for documenting completion of
training.
The rules may provide for differing training requirements for gambling managers
based on the class of license held by the gambling manager's organization.
The board or the director may provide the training required by this subdivision using
employees of the board.
Subd. 5. Repealed, 1994 c 633 art 5 s 99
Subd. 6. Recruitment of gambling managers. No organization may seek or accept
assistance from a manufacturer or distributor, or a representative, agent, afFliate, or
employee of a manufacturer or distributor, in identifying or recruiting candidates to
become a gambling manager for the organization.
Subd. 7. Gambling manager examination. (a) By January 1, 1996, each gambling
manager must pass an examination prepared and administered by the board that tests
the gambling manager's knowledge of the responsibilities of gambling managers and of
gambling procedures, laws, and rules. The board shall revoke the license of any
gambling manager who has not passed the examination by January 1, 1996.
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(b) On and after January 1, 1996, each applicant for a new gambling manager's license
must pass the examination provided for in paragraph (a) before being issued the
license. In the case of the death, disability, or termination of a gambling manager, a
replacement gambling manager must pass the examination within 90 days of being
issued a gambling manager's license. The board shall revoke the replacement
gambling manager's license if the replacement gambling manager fails to pass the
examination as required in this paragraph.
MINNESOTA RULES 7861.0030 GAMBLING MANAGER.
Subpart 1. License required. No person shall act as a gambling manager without
having obtained a license under this part. An individual shall make application to the
board to be licensed as a gambling manager. Applications must be considered by the
director pursuant to this part.
Subp. 2. Licensing qualifications. In addition to the qualifications in Minnesota
Statutes, section 349.167, the director shall not issue or renew a gambling manager's
license to:
A, a member of the immediate family or an employee of a person from whom the
organization leases a gambling premises;
B. a person who is not an active member of the organization;
C. a person who is the treasurer of the organization;
D. a person who is the chief executive officer of the organization;
E. a person who is the gambling manager or an assistant gambling manager for
another organization;
F. on or after January 1, 1996, to a person who has not completed at least one of the
following education requirements:
(1) for gambling manager license renewal applications, 2.5 credit hour equivalents of
board-provided continuing education during each year of the individual's two-year
license period; or
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(2) for new gambling manager license applications, within the last 12 months attended a
board-provided, two-day gambling manager training seminar and passed an
examination prepared and administered by the board that tests the gambling manager's
knowledge of the responsibilities of gambling managers and lawful gambling
procedures, laws, and rules; or
G. a person who:
(1) has ever been convicted of a felony or a crime involving gambling;
(2) has ever been convicted of:
(a) assault;
(b) a criminal violation involving the use of a firearm; or
(c) making terroristic threats;
(3) is or has ever been connected with or engaged in an illegal business;
(4) owes $500 or more in delinquent taxes to the state of Minnesota;
(5) had a sales and use tax permit revoked by the commissioner of revenue within the
past two years;
(6) after demand, has not filed tax returns required by the commissioner of revenue;
(7) has not complied with Minnesota Statutes, section 349.167, subdivision 4, clause
(1);
(8) within the five years before the date of the license application, has committed a
violation of law or board rule that resulted in the revocation of a license issued by the
board;
(9) has ever been convicted of a criminal violation involving fraud, theft, tax evasion,
misrepresentation, or gambling; or
(10) has engaged in conduct the board determines is contrary to the public health,
welfare, or safety or the integrity of lawful gambling.
Subp. 2a. Emergency gambling manager. In the case of the death, disability, or
termination of a gambling manager, a replacement gambling manager must receive the
board-provided gambling manager training seminar and pass the examination within 90
days of being issued a gambling manager's license. The board shall revoke the
replacement gambling manager's license if the replacement gambling manager fails to
pass the examination as required in this subpart or fails to comply with the licensing
qualifications of subpart 2.
Subp. 3. Nontransferable. A gambling manager's license is not transferable to another
organization or an individual.
Subp. 4. Length of license. The gambling manager's license runs concurrently with the
license of the organization unless the gambling manager's license is suspended or
revoked. If a licensed gambling manager discontinues employment with the licensed
organization, the gambling manager's license expires on the date that the employment
terminates.
Subp. 5. Contents of gambling manager application. The application must contain the
following information with respect to the applicant:
A. the applicant's full name, date of birth, and social security number;
B. the applicant's full home or business address and business telephone number;
C. the date the applicant became a member of the organization;
D. the name, address, and telephone number of the organization;
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E. the current status of the gambling manager's license and the dates of attendance at
the board-provided gambling manager's training seminar;
F. the name of the insurance company and the bond number for the gambling
manager's $10,000 fidelity bond;
G. a statement attesting that the applicant is in compliance with the restrictions in
subpart 2;
H. an acknowledgment that the applicant agrees that suits and actions related to the
gambling manager's license, or acts or omissions, may be commenced against the
gambling manager;
I. an acknowledgment that the applicant authorizes the department of public safety to
conduct a criminal background check;
J. for renewal applications, the date the applicant completed the board-provided
continuing education classes for each license year of the gambling manager's current
license; and
K. the notarized signature of the gambling manager.
Subp. 6. [Repealed, 20 SR 2625]
Subp. 7. Changes in application information. If any information submitted in the
application changes after the application has been filed or during the term of the license,
the organization must notify the board within ten days of the change.
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