Memo- Hopkins' Gambling Policy & Electronic Pull TabsMemorandum
To: City Council
From: Jim Genellie
Date: February 1, 2012
Subject: Hopkins' Gambling Policy and Electronic Pull Tabs
Electronic pull tabs are being considered as a possible method to fund a new
Viking's stadium. Electronic pull tabs would be an expansion of charitable gambling
in Minnesota.
Since there is no proposed legislation yet, it is unknown how any proceeds from
electronic pull tabs would be shared with local charities that conduct gambling.
There was some legislation that was being considered last year which coupled
electronic pull tabs with reductions in the state tax rates on current charitable
gambling. The latest discussions do not include any such reductions. (See
Electronic pulltabs gain favor for stadium.)
Allied Charities of Minnesota, which represents charitable gambling organizations,
does not oppose electronic pull tabs but wants any legislation to include tax relief.
(See ACM Action Alert)
Attached is a copy of the City's gambling policy as well as information from the
League of Minnesota Cities regarding local regulation of lawful (charitable)
gambling.
Below is a summary of what cities may do:
State law does allow cities to regulate lawful gambling. Cities have the authority to adopt
gambling regulations that are more stringent than state law. A city may prohibit lawful
gambling altogether. Or, a city could restrict the conduct of lawful gambling to certain hours
or to certain days of the week. A city could also prohibit licensed organizations from
employing non-members and could limit the prizes to be awarded.
The law specifically allows cities to: (a) require a local permit for the conduct of gambling
exempt from state licensing requirements; (b) require organizations to make specific
expenditures of up to 10 percent of the net profit from lawful gambling; (c) require
organizations to contribute 10 percent of the net profit from lawful gambling to a fund
administered by the city; (d) require an organization to expend all or a portion of its
expenditures within the cities trade area; (e) charge an investigation fee; and (g) impose a
gambling tax.
\Electronic Pull Tabs.doc
Electronic pulltabs gain favor for stadium
• Article by: By MIKE KASZUBA and ROCHELLE OLSON
• Updated: January 31, 2012
State officials say they are confident that electronic pulltabs in bars and restaurants could
generate $72 million annually -- enough to fund the state's share of a proposed Minnesota
Vikings stadium.
Revenue Commissioner Myron Frans said on Tuesday that the latest projection relies on
different calculations than an earlier estimate that put likely revenues at less than $40 million,
because they also included tax relief for the charitable gambling industry.
A legislative stadium working group, which met with Frans late on Monday at a St. Paul
restaurant, has tentatively endorsed using electronic pulltabs as a way to provide $340 million
toward the state's share of a stadium, projected to cost at least $900 million.
Frans said the enhanced revenue estimate was the result of additional research. "We've just done
more and more research," he said. "Every month that goes by, you learn more."
But even as the complicated financial puzzle surrounding a new Vikings stadium appeared to
make progress on one front, potential obstacles emerged elsewhere.
St. Paul Mayor Chris Coleman met with Gov. Mark Dayton to complain that a Minneapolis
proposal to locally fund a new stadium, which includes money to renovate Minneapolis' Target
Center, would financially harm the Xcel Energy Center in St. Paul.
Xcel Energy Center opened in September 2000, causing high stakes competition with Target
Center for concerts and events. The result: Both facilities operate on the tightest margins and can
undercut each other on bids.
"We need to stop thinking about this from a very parochial standpoint," Coleman said.
Minneapolis Mayor R.T. Rybak has said he needs the Target Center piece to sway a City Council
averse to sports subsidies.
The latest electronic pulltabs estimate shows how tricky it can be to make projections for an
industry that has seen gross receipts drop $400 million in the past five years.
State officials are still unsure how the move from paper tabs to electronic pulltabs will affect
interest in the game.
In one sign of scaled-back expectations, state officials are basing their latest projections on 2,500
locations statewide. Bars with a seating capacity of less than 200 would be limited to six
machines. That's down from early estimates of 3,500 locations across Minnesota.
Tom Barrett, the head of the state Gambling Control Board, said officials had even studied what
time of day pulltabs tended to be played.
"We dialed back the number of sites," Barrett said. "Originally, the board was thinking, 'Ahh, we
can see retail sales locations -- be it bars [or something else] -- get back into gaming where they
had gotten out."' But, he said, state officials are trying to be conservative in their estimates.
Dayton and Sen. Julie Rosen, R -Fairmont, the chief Senate stadium legislation author, favor
electronic pulltabs to fund the state's contribution to the project. A state analysis released last
month showed that building a new Vikings stadium at the site of the Metrodome, where the team
has played for 30 years, would have a $918 million total price tag and require $340 million from
the state.
The Vikings have preferred building a $1.1 billion stadium in Ramsey County's Arden Hills.
According to the state analysis, that could require a state contribution of as much as $395
million.,
Stadium proponents say that unlike a casino in downtown Minneapolis or video slot machines at
horse racing tracks, electronic pulltabs are less likely to face legal challenges from casino -
owning tribes.
Rep. Terry Morrow, DFL -St. Peter, said that after the Monday night meeting, the stadium
working group was "fairly confident" that authorizing electronic pulltabs in Minnesota's bars
could generate $72 million a year.
But he said that conclusion was only an incremental step toward solving the stadium's financial
and logistical puzzle.
"It's such a complex issue that even if you make progress, [that] doesn't mean you've resolved
everything," Morrow said. He said the group was "a half-step closer than we were a week ago"
toward producing long-delayed legislation for a stadium public subsidy package, but he added
that many details must be resolved.
Morrow said he did not know how close legislators were to a final package. "We don't know the
[stadium] site, and without knowing the site, we don't know the dollar amount" of the project, he
said. Dayton has recommended the site of the existing Metrodome, but legislators have not yet
arrived at a final pick.
Frans said he too is concerned about the durability of electronic pulltab revenue, particularly if
Internet gambling expands. "We don't know the answer to that," Frans said of the effect from
Internet gambling.
Dick Day, a former Senate minority leader now working for racino interests, said he doubted that
electronic pulltabs would provide enough revenue. "I just don't think there's enough money
there," he said.
Coleman, meanwhile, said Tuesday that upgrades to Target Center as part of a Vikings stadium
subsidy deal would put St. Paul and the Xcel Energy Center in a "very, very disadvantageous
position."
The St. Paul mayor wants a "regional approach" -- possibly with revenue sharing -- through a
new governing body to oversee the Twin Cities dueling convention centers and sports teams.
Coleman is seeking $20 million in state loan forgiveness for the Xcel. "That's one part of the
puzzle," he said.
11.29.11 ACM ACTION ALERT
225 9th St E Unit 309 • Saint Paul, MN 55101-2514
Office: free: 651.224.4533
www.alliedcharitiesmn.org
alliedcharitiesmn@gmail.com Pax: 866.240.6160
_proudly Serving Charitable GarnbIing Organizations Throughout Minnesota
CONTACT Senate Joint Committee NOW!
As noted below on 12.6.11 a Senate Joint Committee will be looking at electronic
pull -tabs as a funding source for a proposed Vikings Stadium. It appears the administration,
stadium sponsors, and media envision using the entire $42 million in estimated new revenue
from the authorization of electronic pull -tabs & electronic linked bingo to fund the stadium.
Unfortunately this would mean NO charitable gambling tax reform & relief.
The primary focus of SF 702/HF 1485 Allied Charities Of Minnesota's 2011
Charitable Gambling Bill which was reaffirmed at our recent Annual Meeting was to
significandy reform & reduce Minnesota's charitable gambling taxes by authorizing electronic
pull -tabs & electronic linked bingo. While our bill wasn't introduced to fund stadiums,
IF a WIN WIN WIN situation can be worked out between charitable organizations, the
administration, and the legislature for stadium funding, we are open to being involved in a
stadium funding formula.
At this time we must send a strong clear message to the Senate Joint Committee that IF
charitable gambling is going to be part of a stadium solution meaningful charitable gambling
tax reform & relief MUST be included. The Committee needs to hear from the charitable
gambling industry that authorizing electronic pull -tabs & electronic linked bingo to fund
a stadium without charitable gambling tax reform dr relief is UNACCEPTABLE. We need
every charitable gambling or in Minnesota to contact the Senate Joint
Committee as per below NOW or we run the risk of seeing NO charitable gambling tax reform
& relief. Even if you plan to attend the hearing we strongly recommend you submit your
written comments/testimony.
Please send your written comments/testimony to Jenna, temte@senate. mn (preferred) or mail to
Jenna Temte, Room, 120, 75 Rev. Dr. Martin Luther King Jr. Blvd., St. Paul, MN 55155-1606
Also copy Governor Dayton at http://mn.gov/governor/contact-us/form/ or mail to Office
of the Governor, Room 130, 75 Rev. Dr. Martin Luther King Jr. Blvd., St. Paul, MN 55155
Tuesday, December 6, 2011
'Revision 1: A�enda Addition(s)`
Joint Meeting: Committee on Taxes; Committee on State Government Innovation & Veterans
Chairs: Sen. Julianne E. Ortman, Sen. Mike Party
12:30 p.m. Room 15 Capitol
Informational hearing on Vikings Stadium
Hearing will end by 6 pm - Committee room seating is limited. Overf$'ow rooms with
televisions will be available for additional public seating.
Agenda:
State and local support requested and financing options for stadium
NFL invited for testimony
Current Sources of Revenue
a. Arts and Cultural Funds
b. Minneapolis convention revenue
New Sources of Revenue
a. Charitable Gaming electronic pulltabs
b. Racino
c. Sports memorabilia sales tax
d. NFL income tax surcharge
e. Ticket surcharge on professional sports
f. Block E
Public testimony
Prior sir.? is hi lily recommended for public testimony, we will accommodate others as
time ppermttstesti please contact Beth Kadoun, Senate Tax Committee Administrator, at
beth.kadoun�senate.mn or 651-296-5640.
If unable to attend the hearing, written testimony may be sent to Jenna.temte@senate.mn
Written testimony will not be read aloud during the hearing but will the provided to members
of the committee.
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 has its principal or registered office, street address and zip
code within the City of Hopkins.
2.03 The organization defined in Section 2.02 must be engaged in its primary 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 as
defined in Minnesota Statute Chapter 349.
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
gambling 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 gambling 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 primary purpose of conducting gambling. This section shall not
apply to any organization which is exempt from the requirement for a gambling license
according to M.S. 349.166.
2.06 A permit or license to conduct bingo 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.
2.07 Only one organization, as defined in Section 2.02, may conduct gambling within a
single owned, occupied or leased premise.
Legislative Policy Manual -- Chapter 4-A 1
2.08 The operation of gambling devices and the conduct of bingo and raffles 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 Organizations seeking approval for a premises permit, that are not currently conducting
gambling in the City, must provide the City, in addition to the application forms, a copy
of the notice sent to the general membership announcing the meeting to authorize
gambling activities, and a copy of the minutes of a general membership meeting, where
a quorum was present, wherein the organization approved a motion authorizing the
gambling activities.
2.11 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 liquor or 3.2 beer is served. Where intoxicating
beverages are not served the age shall be eighteen.
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 years.
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. The City reserves the right to
require additional documentation from licensed organizations, or organizations seeking
licenses, as it deems necessary.
2.14 An investigation fee of $100.00 shall be charged to all organizations submitting a
Premises Permit Application or Applications for approval by the City.
2.15 The City shall receive 10% of net profits from organizations conducting gambling in
leased premised.
Established 11/19/85 by Resolution 85-3218
Revised 10/5/1993
Revised 4/19/94
Revised 12/16/97
Revised 8/19/2003
' The City never adopted an ordinance enacting this provision as required by MN Statute 349.213, Subd.1 (fl (2).
Legislative Policy Manual -- Chapter 4-A 2
F. Local gambling tax
Minn. Stat. § 297E.02; Minn. The state levies an 8.5 percent tax on lawful gambling. A city may impose a
Stat. § 349.213. local gambling tax on licensed organizations of up to 3 percent per year of
the gross receipts from gambling, less prizes actually paid out. The tax must
only raise the revenue necessary to cover the cost of regulating lawful
gambling. A city may not use these tax revenues for any other purpose.
Thus, if regulating lawful gambling only costs the city an amount equal to
2.5 percent of the gambling revenues, the city may only impose a tax of
2.5 percent and not the full 3 percent maximum.
The city must file an annual report form with the Board showing the amount
of revenue raised by the tax and the use of the tax proceeds. (Copies of the
required form are available from the Board.) If a city imposes a gambling
tax, it may not assess an investigation fee against state licensed
organizations.
VII. Gambling and the municipal
liquor store
Cities may want to lease space in the municipal liquor store to lawful
gambling organizations because of the additional business and revenue
generated by the gambling. However, allowing gambling in the municipal
liquor store raises a number of issues. These issues should be resolved before
the city allows its property to be used for the conduct of lawful gambling.
A. Authority to lease space
14 League of Minnesota Cities
Cities may lease space in municipal liquor stores to organizations conducting
Minn. stat. § 349.18. Minn.
Stat. § 412.221; Penn -O -Tex Oil
lawful gambling. State law generally allows gambling only on premises
Co. v. City of Minneapolis, 207
owned or leased by the licensed organization. City -owned property may be
Minn. 307, 291 N.W. 131
leased to private parties when the property is not needed for municipal
(1.940).
purposes. No law prevents cities from leasing space at municipal liquor
stores for the conduct of lawful gambling.
B. The lease agreement
Minn. stat. § 349.18 subd. 1.
Leases for space to conduct lawful gambling must be in a form prescribed by
Minn. Rule part 7861.0040.
the Board. Minnesota Rule part 7861.0040 lists the provisions that must be
contained in the lease agreement.
Minn. Rule part 7861.0060.
Under Board rules, the amount of rent may not exceed $1,000 per month for
all forms of lawful gambling other than bingo. For bingo occasions, the rent
may not exceed:
• $200 for leased premises of not more than 6,000 square feet;
• $300 for leased premises of not more than 12,000 square feet;
• $400 for leased premises of more than 12,000 square feet;
14 League of Minnesota Cities
U.S. Const. amend. 1. The First Amendment prohibits any level of government from making laws
that abridge the freedom of speech or the right of people to peaceably
NAACP v. Alabama, 357 U.S. assemble. The Supreme Court has held that the First Amendment implies that
449, 78 S. Ct. 1163 (1958) people shall have a right to freedom of association. The freedom to associate
carries with it the freedom not to associate.
Inti Assn of Machinists v. Compelling an individual to support an organization or cause that he or she
Street, 367 U.S. 740, 81 s.ct.
1784(1960) does not agree with is an infringement of that person's First Amendment
rights. It is improper for a city to condition the granting of a benefit on the
recipient's relinquishment of a constitutional right. Therefore, a municipal
regulation that conditions approval of a gambling license on the organization
contributing to a cause it may not support is subject to challenge on
constitutional grounds.
C. City administered funds
Minn. Stat § 349.213 A city may accept donations from a gambling organization; but a city may
not require a donation as a condition of license approval or permit issuance.
A city can, by ordinance, require organizations to contribute up to 10 percent
per year of their net profits derived from lawful gambling to a fund
administered by the city. The city may disburse the funds for lawful
purposes. Therefore, although a city may not require direct payments from a
gambling organizationto any city department, a city can establish a fund and
disburse a portion of the proceeds of that fund to a city department, such as a
Minn. stat. § 349.12 subs. park system. No direct contributions or payments of gambling money may be
25(10). made to a law enforcement or prosecutorial agency.
D. Trade areas
Minn. Stat. § 349.213. A city may, by ordinance, require gambling organizations conducting lawful
gambling within the city to expend all or a portion of their expenditures on
lawful purposes conducted or located within a city's trade area. The
ordinance must define the trade area. A city's trade area must include every
city and township contiguous to the defining city. The ordinance must also
specify the percentage of expenditures an organization must make within the
trade area.
E. Investigation fees
Minn. Stat. § 349.16, subs. 8 A city may assess an investigation fee on organizations applying for or
renewing state issued premises permits and bingo hall licenses. The fee may
not exceed:
• $500 in first class cities;
• $250 in second class cities;
• $100 in all other cities.
Minn. star. § 349.213 subd. 3. Cities that charge an investigation fee may not impose a local gambling tax.
Lawful Gambling 13
vi. The organization complies with reporting requirements to the
Board.
Minn. Rule pan 7861.0140. An organization that conducts exempted lawful gambling must submit an
application to the Board at least 30 days before the gambling activity is to be
conducted. The application fee for each exempted activity is $25. A
completed local government notification form must be attached to the
application.
Minn. stat. § 349.213. Cities may require organizations that conduct exempted lawful gambling to
obtain local permits. The fee for a local permit may not exceed $100.
VI. Local regulation
Minn, Stat. § 349.213• Cities may not require state licensed lawful gambling organizations to obtain
local gambling licenses or permits. However, state law does allow cities to
regulate lawful gambling. Cities have the authority to adopt gambling
regulations that are more stringent than state law. A city may prohibit lawful
gambling altogether. Or, a city could restrict the conduct of lawful gambling
to certain hours or to certain days of the week. A city could also prohibit
licensed organizations from employing non-members and could limit the
prizes to be awarded.
The law specifically allows cities to: (a) require a local permit for the
conduct of gambling exempt from state licensing requirements; (b) require
organizations to make specific expenditures of up to 10 percent of the net
profit from lawful gambling; (c) require organizations to contribute 10
percent of the net profit from lawful gambling to a fund administered by the
city; (d) require an organization to expend all or a portion of its expenditures
within the cities trade area; (e) charge an investigation fee; and (g) impose a
gambling tax.
A. Local permits
Minn. Stat. § 349.213; Minn. Cities may require a local permit for the conduct of lawful gambling exempt
Stat. § 349.166; see Part V. from state licensing requirements. The fee for a local permit may not exceed
$100.
B. Specific expenditures
Minn. stat. § 349.213. Cities may require organizations to make specific expenditures of up to 10
percent of net profits derived from lawful gambling, but cities must be
careful when enacting such a regulation. Requiring specific expenditures
may violate the U.S. Constitution, at least where the city designates too
specific a cause, and approval of a gambling license or permit is conditional
on the organization abiding by the regulation.
.12 League of Minnesota Cities