CR 07-130 Charitable Gambling permit application for Hopkins Youth Hockey Assoc. .
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December 11, 2007 Council Report 2007-130
• CHARITABLE GAMBLING PREMISES PERMIT APPLICATION FOR
THE HOPKINS YOUTH HOCKEY ASSOCIATION (HYHA)
Staff recommends approval of the following motion: Move that the Hopkins City Council
adopt Resolutions 2007-080, approving the charitable gambling premises permit for the
Hopkins Youth Hockey Association at Hopkins Tuttle's Recreation Center, 107 Shady Oak
Road with the condition that HYHA submit a copy of their audit as soon as it is complete.
Adoption of this resolution will allow the HYHA to continue to run the existing charitable
gambling activities at Tuttle's Hopkins Recreation Center.
Overview
• The HYHA has requested a renewal of their gambling license and premises permit.
They conduct charitable gambling only at Tuttle's Recreation Center.
Primary Issues to Consider
� Does this organization meet the criteria of the City's gambling policy?
� Yes
• Has the organization conducted its past gambling operations in accordance with
state and local laws?
Yes
Supporting Documents
• Resolution 2007-080
• Legislative Policy 4-A, Lawful Gambling
• Audit for 2007-2006 and 2006-2005 Audit
• List of donations made by the HYHA
• Gambling License Application available in the City Clerk's office
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Terry Obermaier, City Clerk
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Council Report 2007-130
Page 2
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Alternatives
1. Approve Resolution 2007-080, allowing the Hopkins Youth Hockey Association to
continue the present gambling activities at the present location.
2. Do not approve the resolutions with the result that the Hopkins Youth Hockey
Association will no longer have gambling in the City of Hopkins.
3. Continue the item for more information.
Staff recommends alternative one.
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CITY OF HOPKINS
HENNEPIN COUNTY, MINNESOTA
RESOLUTION 2008-006
RESOLUTION APPROVING A GAMBLING
LICENSE FOR THE HOPKINS YOUTH HOCKEY ASSOCIATION
WHEREAS, the Hopkins Youth Hockey Association has been an
integral part of the Hopkins Community, and
WHEREAS, the Hopkins Youth Hockey Association applied for a
gambling license to conduct lawful gambling in 2008 and 2009, and
WHEREAS, the Hopkins Youth Hockey Association has conducted
gambling activities in accordance with state law and Hopkins City Policy,
� NOW, THEREFORE, be it hereby resolved that the City Council of the
City of Hopkins, Minnesota, approves the Hopkins Youth Hockey Association
Premises Permit Renewal application at Tuttle's Family Entertainment, 107
Shady Oak Road, Hopkins.
Adopted by the City Council of the City of Hopkins, Minnesota, this 2" day
of January, 2008.
� Eugene J. Maxwell, Mayor
ATTEST:
Terry Obermaier, City Clerk
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• 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.
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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 3.2 beer is served. Where intoxicating beverages
are not served the age sh�ll 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 A 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°/o of net profits from organizations conducting gambling in
leased premises.
Established 11/19/85 by Resolution 85-3218
Revised 10/5/1993 .
Revised 4/19/94
Revised 12/16/97
Revised 8/19/2003
City of Hopkins
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Legislative Policy Manual -- Chapter 4-A 2
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LAWFUL GAMBLING FUND OF
HOPKfNS YOUTH HOCKEY ASSOCIATION
(License # 04157)
(MN Taxpayer ID # 7345553)
(FEDERAL ID # 41-1 31 291 7)
REGULATORY BAS1S FINANCIAL. STATEMENTS
AND SUPPLEMENTARY INFORMATION
YEARS ENDED MAY 31, 2007 AND 2006
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LAWFUL GAMBLING FUND OF
' HOPKINS YOU7H HOCKEY ASSOCIATION
� (License # 04157)
I� S7ATEMENTS OF ASSETS, LlABILITIES AND PROFIT CARRYOVER
i REGULATORY BASIS
� MAY 31, 2007 AND 2006
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2007 2006
ASSETS
CASH
Gambling Bank Accounts:
Noninterest Bearing $ 15,777 $ 97,394
Cash - Starting Game Banks 5,000 5,060
Total Gash 20,777 22,454
' INVENTORIES 677 623
Tota1 Assets $ 21,454 $ 23,077
� LIABILfTIES ,
ACCOUNTS PAYABLE
State Gambling Taxes $ 5,536 $ 3,484
Due to Vendor 1, 049 1,226
Other 4 _
Total Accounts Payable 6,589 4,710
COMMITMENTS AND GONTINGENCIES
�� PROFIT CARRYOVER
I PROFIT CARRYOVER 14,865 18,367
Total Liabilities and Profit Carryover $ 21,454 $ 23,077
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See accompanying Notes to Financial Statements
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LAWFUL GAMBL(NG FUND OF
HOPKINS YOUTH HOCKEY ASSOCIATION
. (License # 04157)
STATEMENTS OF REVENUES, EXPENSES AND CHANGES IN PROFIT CARRYOVER
REGUL.ATORY BASIS
YEARS ENDED MAY 31, 2007 AND 2006
2007 2006
Amount Percent Amount Percent
REVENUES
Pull-Tab Receipts $ 1,272,543 100.0 % $1,030,423 100.0 %
Less: Prizes Awarded 1,054,890 82.9 863,647 83.8
Net Revenues - Pull-tabs 217,653 17.1 166,776 16.2
GROSS PROF(T 217,653 100.0 166,776 100.0
ALLOWABLE EXPENSES 113,660 52.2 96,488 57.9
INCOME BEFORE LAWFUL PURPOSE
AND BOARD APPROVED EXPENDITURES . 103,993 47.8 70,288 42.1
LAWFUL PURPOSE EXPENDITURES
Gambling Taxes
State Combined Receipts Tax 29,200 13.4 16,852 10.1
State Board Fees 1,273 0.6 1,030 0.6
State Ideal Gambling Taxes 25,644 11.8 20,896 12.5
Ideal Tax Refund on Unsold Tickets (3,849) (1.8) (3,861) (2.3)
State License Fees 600 0.3 ' 500 0.3
� Total Garnbling Taxes 52,868 24.3 35,497 21.2
Audit Fee 4,000 2.4
Program Expenditures 54,627 25.1 12,600 7.6
Total Lawful Purpose Expenditures 107,495 49.4 52,017 31.2
REVENUES [N EXCESS (DEFICIT) OF EXPENSE� (3,502) (1.6) 18,271 11.0
Profit Carryover - Beginning of Year 18,367 96
PROFIT CARRYOVER - END OF YEAR $ 14,865 $ 18,367
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See accompanying Notes to Financial Statements
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LAWFUL GAMBLING FUND OF
HOPKINS YOUTH HOCKEY ASSOCIATION
. (License # 04157)
RECONCIL1ATtON OF GAMES USED
REGULATORY BASIS
YEARS ENDED MAY 31, 2007 AND 2006 +
2007 2006
Number of Number of
Amount Games Amount Games
PULL-TABS
Cost of Games Used:
Beginning Inventories $ 623 15 $ 642 13
Purchases 19,755 427 16,791 381
20,378 442 17,433 394
Less: Ending Inventories 678 14 623 15
Total Cost of Games Used $ 19,700 428 $ 16,810 379
Reconciliation of Games Used:
Games Used Per Books Above 428 � 379
Games Used and Reported Per Gross '
Revenues (Receipts) by Month 428 379
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Difference _ _
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LAWFUL GAMBLING FUND OF
HOPKINS YOUTH HOCKEY ASSOCIATION
� (License #04157)
ANALYStS OF MAXiMUM ALLOWABLE EXPENSES
REGULATORY BASIS
YEARS ENDED MAY 31, 2007 AND 2006
2007 2006
GROSS PROFIT $ 217,653 $ 166,776
ALLOWABLE EXPENSES
Gambling Product Sold $ 19,700 $ 16,810
Campensation and Payroll Taxes 59,355 63,169
Advertising 145 -
Accounting and Legal Services 10,600 6,793
Bank Charges and Miscellaneous Expenses 2,187 3,555
Purchase and Repair Expenses for Office Equipment and
Gambling Devices 115 - �
Rent 19,061 12,637
Theft and Liability Insurance 979 1,200
Local Gambling Fees, Gambiing Manager Bond - 375
Cash Short (Cash Long) 1,518 3,251
Reimbursement for Negative Expense Calculation - (11,302)
Tot`al Allowable Expenses 113,660 96,488
� MAXIMUM ALLOWABLE EXPENSES BY
MINNESOTA STATE STATUTES 129,962 91,727
MAXIMUM ALLOWABLE EXPENSES lN EXCESS (DEFICIT)
OF ALLOWABLE EXi'ENSES - CURRENT YEAR 16,302 (4,769 )
BEGINN(NG CUMULATIVE MAXIMUM ALLOWABLE
EXPENSES IN EXCESS OF ALLOWABLE EXPENSES 565 5,326
ENDING CUMULATIVE MAXIMUM ALLOWABLE EXPENSES
IN EXCESS OF ALLOWABLE EXPENSES $ 16,867 $ 565
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LAWFUL GAMBLING FUND OF �
HOPKINS YOUTH HOCKEY ASSOCIATiON
{License # 04157)
S RECONCILIATION OF PROFIT CARRYOVER
REGULATORY BASIS
YEARS ENDED MAY 39, 2007 AND 2006
2007 2006
ADDITIONS
Cash in Gambling Sank Accounts $ 15,777 $ 17,394
Cash in Starting Banks 5,000 5,060
Ending Inventory 677 623
Total Additions 21,454 23,077
SUBTRACTIONS
Tax to be Paid to Department of Revenue 5,536 3,484
Unpaid Invoices included in Cost of Goods Sold 1,049 1,226
Other 4 _
Total Subtractions 6,589 4,710
, PROFIT CARRYOVER FROM FINANCIAL STATEMENTS 14,865 18,367
� PROFIT CARRYOVER FROM TAX REPORT 14,865 18,367
VARIANCE FROM BALANCE $ - $ -
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_� LAWFUL GAMBLWG FUND OF
HOPKINS YOUTH HOCKEY ASSOCIATION
l (License # 04957)
� (MN Taxpayer 1D # 7345553)
(FEDERAL ID # 41-1312917)
, REGULATORY BASIS FINANCIAL STATEMENTS
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AND INDEPENDENT AUDITORS' REPORT
YEAR ENDED MAY 31, 2006 AND
�� SEVENTEEN MONTHS ENDED MAY 31, 2005
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� ' LAWFUL GAMBLING FUND OF
HOPKINS YOUTH HOCKEY ASSOCIATION
� I (License # 04157)
��' STATEMENTS OF ASSETS, LIABILITIES AND PROFIT CARRYOVER ;,.
REGULATORY BASIS
` i NYAY 31, 2006 AND MAY 31, 2005
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1 2006 2005
ASSETS
- CASH
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} ;� Gambling Bank Accounts:
� ' ' Noninterest Bearing $ 17,394 $ 30
j Cash - Starting Game Banks 5,060 5,000
I�:_ ' Total Cash � 22,454 5,030
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' INVENTORIES 623 642
�= � Total Assets $ 23,077 $ 5,672
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LIABILITIES
- ACCOUNTS PAYABLE
State Gambling Taxes $ 3,484 $ 4,662
�-� Due to Vendor 1,226 914
4 710 5 576
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Total Accounts Payable , ,
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� = PROFIT CARRYOVER
PROFIT CARRYOVER 18,367 96
Total Liabilities and Profit Carryover $ 23,077 $ 5,672 �
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LAWFUL GAMBLING FUNC OF
HOPKIN� YOUTH HOCKEY ASSOCIATION
(License # 04157)
� STATEMENTS OF REVENUES, EXPENSES AND CHANGES IN PROFIT CARRYOVER
REGULATORY BASIS
YEAR ENDED MAY 31, 2006 AND SEVENTEEN MONTHS ENDED MAY 31, 2005
2006 2005
Percent Percent
Amount of Sales Amount of Sales
REVENUES
Pull-Tab Receipts $ 1,030,423 100.0 % $1,640,927 100.0 %
; Less: Prizes Awarded 863,647 83.8 1,341,724 81.8
Net Revenues - Puli-tabs 166,776 16.2 299,203 18.2
� GROSS PROFIT 166,776 100.0 299,203 100.0
ALLOWABLE EXPENSES 96,488 57.9 159,236 53.2
' INCOME BEFORE LAWFUL PURPOSE
AND BOARD APPROVED EXPENDITURES 70,288 42.1 139,967 46.8
LAWFUL PURPOSE EXPENDITURES
Gambling Taxes:
State.Combined Receipts Tax 16,852 10.1 22,878 7.6
State Board Fees 1,030 0.6 1,641 0.5
State Ideal Gambling Taxes 20,896 12.5 32,973 11.0
Ideal Tax Refund on Unsold Tickets (3,861) (2.3) (3,524) (1.2)
i� State License Fees 500 0.3 - -
Total Gambling Taxes 35,417 21.2 53,968 18.0
Audit Fee 4,000 2.4 - -
- Program Expenditures 12,600 7.6 82,379 27.5
`; Ideal Tax Refund Expenditures - - 3,524 1.2
Total Lawful Purpose Expenditures 52,017 31.2 139,871 46.7
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' REVENUES IN EXCESS (DEFICIT) OF EXPENSE� 18,271 11.0 96 0.0
Profit Carryover - Beginning of Year 96 -
_ PROFIT CARRYOVER - END OF YEAR $ 18,367 $ 96
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See accompanying Notes to Financial Stafements
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-- LAWFUL GAMBLING FUND OF
HOPKINS Y011TN HOCKEY ASSOC!/�TION
; :; (License # 04157)
`' � NOTES TO FINANCIAL STATEMENTS
MAY 31, 2006 AND MAY 31, 2005 �
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- NOTE 2 COMMITMENTS AND CONTINGENCfES
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I I The Organization leases space for the site of its lawfu! gambling activities within the City of �
`� � Hopkins. The pull-tab lease agreement requires ten percent of gross profits per month, not
� to exceed $1,750, and expires at the end of December 2007 or upon loss of the
� j organizations premise permit, whichever is earlier. Rent expense for the year ended May 31,
.-�- 2006 and seventeen months ended May 31, 2005 was $12,637 and $29,750, respectively.
j i i NOTE 3 INCOME TAXES
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The Organization is exempt from state and federal income taxes under Section 501(c)(3) of
�:.>- the internal Revenue Code. However, the Organization is required to pay state and federal
�>_� income taxes on unrelated business income. Under the regulatory method, income taxes are
recognized when paid. There were no income taxes paid, with Lawful Gambling funds, in the
, year ended May 31, 2006 and the seventeen months ended May 31, 2005.
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` NOTE 4 RESULTS OF GAME TESTING
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;�;;==; Subsequent to year end, the Organization's independent auditor selected 21 pull-tab games
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, g games with unsold tickefs, to be tested as part of their audit.
= The exce tions of their testin as re orte t ;:�
_--_ p g, p d o. the Organ�zation, are as follows: �
� Days
;-; Mfr Unsolds as Prizes as Deposited Deposit
F�� ID Part # Seria! # Reported Counted Reported Counted Difference Late Diffecence
AG VTS161 8085919 755 755 2,018 2,018 - 4 _
�! AG VIP160 7993011 555 555 2,112 2,192 - 27 -
-.- TP 21877-MN K432943 180 180 2,318 2,398 - 2g _
TP 21998-MN K425823 379 379 2,300 2,300 - g _
i="� AG VIP160 7993016 664 664 9,899 1,891 - 6 -
�� AI PEY08 260148 - - 2,313 2,393 - - (5�
On June 1, 2006, the inventory of games was observed by two independent individuals
. appointed by the Organization. No exceptions in the Organization's perpetual inventory
records were noted. In addition, cash on hand of $5,455 was counted.
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LAWFUL GAMBLING FUND OF
HOPKINS YOUTH HOCKEY ASSOCIATION
(License # 04157)
� RECONCILIA�ION OF GAMES USED
REGULATORY BASIS
YEAR ENDED MAY 31, 2006 AND SEVENTEEN MONTHS ENDED MAY 31, 2005
2006 2005
� Number of Number of
Amount Games Amount Games
PULL-TABS � � � �
Cost of Games Used:
Beginning Inventories $ 642 13 $ - -
Purchases 16,791 381 26,874 623
� � 17,433 394 26,874 623
Less: Ending Inventories 623 15 642 13
Total Cost of Games Used $ 16,810 379 $ 26,232 610
Reconciliation of Games Used:
Games Used Per Books Above 379 610
' Games Used and Reported Per Gross
Revenues (Receipts) by Month 379 610
Difference or Possible Unreported Games - -
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�.�- LAWFUL GAIVIBLING FUND OF
HOPKINS YOUTH HOCKEY ASSOCIATION
i�:::: (Li'cense #04157)
=- ANALYSIS OF MAXIMUM ALLOWABLE EXPENSES
REGULATORY BASIS
;-:_� YEAR ENDED MAY 31, 2006 AND'SEVENTEEN MONTHS ENDED MAY 31, 2005
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2006 2005
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�;_>::� GROSS PROFIT $ 166,776 $ 299,203
', �;"� ALLOWABLE EXPENSES
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' �,;<1 Gambling Product Sold $ 16,810 $ 26,232
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Compensation and Payroll Taxes 63,169 99,890
— Accounting and Legal 6,793 11,711
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- 4 268
!;»i d Miscellaneous Su lies 3,555
- Bank Charges an pp �
'� � Purchase and Repair expenses for Office Equipment and
Gambling Devices - 6,392
� 12 637 29 750
Rent
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� — Theftand Liability Insurance 1,200
License Renewal and Insurance 375 1,175
`'=1 Cash Short (Cash Long) 3,251 4,199 �
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� �:<;' Reimbursement for Excess Cash Short - �74)
; Reimbursement for Negative Expense Calculation (11,302) (24,307)
; - Subtotal 96,488 159,236 ;�
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� MAXIMUM ALLOWABLE EXPENSES BY
- MINNESOTA STATE STATUTES 91,727 164,562
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- MAXIMUM ALLOWABLE EXPENSES IN EXCESS (DEFICIT)
OF ALLOWABLE EXPENSES - CURRENT YEAR (4,761) 5,326
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__ BEGINNING CUMULATIVE MAXIMUM ALLOWABLE
EXPENSES IN EXGESS OF ALLOWABLE EXPENSES 5,326 -
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� ENDING CUMULATIVE MAXIMUM ALLOWABLE EXPENSES
IN EXCESS OF ALLOWABLE EXPENSES $ 564 $ 5,326
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LAIlUFUL GAMBLING FUND OF
HOPKINS YOUTH HOCKEY ASSOCIATION
(License # 04157)
• RECONCILIATION OF PROFIT CARRYOVER
REGULATORY BASIS
YEAR ENDED MAY 31, 2006 AND SEVENTEEN MONTHS ENDED MAY 31, 2005
2006 2005
ADDITIONS
Cash in Gambling Bank Accounts $ 17,394 $ 30
Cash in Starting Banks 5,060 5,000
Ending Inventory 623 642
Total Additions 23,077 5,672
SUBTRACTIONS
Tax to be Paid to Department of Revenue 3,484 4,662
Unpaid Invoices inciuded in Cost of Goods Sold 1,226 914
� Total Subtractions 4,710 5,576
PROFIT CARRYOVER FROM FINANCIAL STATEMENTS 18,367 96
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j PROFIT CARRYOVER FROM TAX REPORT 18,367 96
VARIANCE FROM BALANCE $ - $ -
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2006-2007 Charitable Gambling Donations/Lawful Purpose Expenditures
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Recipient/Proiect Name Pmt. Pmt. Date
i ICA Food Shelf $ 500 Jan. 2006
Pavilion Shootin Room - mt $ 5,000 Feb. 2006
9 p
New Jerseys - boys $10,000.00 May. 2006
($10K was paid in last yr. LPEs)
ISD 270 Champions Fund $ 1,800 Jun. 2006
HYHA goalies - Staubers $ 4,250 Oct. 2006
SwensonlLee Family $ 500 Nov. 2006
Pavilion Shooting Room -pmt $ 5,000 Feb. 2007
City of Hopkins/Civic recipients $ 1,500.00 Feb. 2007
HYHA Coach in Chief position $ 4,000 Mar. 2007
Family Resource Center $ 500 Mar. 2007
ICA Food Shelf $ 500 Nov. 2007
Total $ 33,550
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