1.1.................... moves to amend H.F. No. 1485 as follows:
1.2Delete everything after the enacting clause and insert:
1.3 "Section 1. Minnesota Statutes 2010, section 297E.02, subdivision 1, is amended to
1.4read:
1.5 Subdivision 1.
Imposition. A tax is imposed on all lawful gambling other than
1.6(1) pull-tab deals or games; (2) tipboard deals or games; and (3) items listed in section
1.7297E.01, subdivision 8
, clauses (4) and (5), at the rate of
8.5 5.0 percent on the gross
1.8receipts as defined in section
297E.01, subdivision 8, less prizes actually paid. The tax
1.9imposed by this subdivision is in lieu of the tax imposed by section
297A.62 and all
1.10local taxes and license fees except a fee authorized under section
349.16, subdivision 8,
1.11or a tax authorized under subdivision 5.
1.12The tax imposed under this subdivision is payable by the organization or party
1.13conducting, directly or indirectly, the gambling.
1.14 Sec. 2. Minnesota Statutes 2010, section 297E.02, subdivision 4, is amended to read:
1.15 Subd. 4.
Pull-tab and tipboard tax. (a) A tax is imposed on the sale of each deal of
1.16pull-tabs and tipboards sold by a distributor. The rate of the tax is
1.7 1.0 percent of the
1.17ideal gross of the pull-tab or tipboard deal. The sales tax imposed by chapter 297A on the
1.18sale of the pull-tabs and tipboards by the distributor is imposed on the retail sales price
1.19less the tax imposed by this subdivision. The retail sale of pull-tabs or tipboards by the
1.20organization is exempt from taxes imposed by chapter 297A and is exempt from all local
1.21taxes and license fees except a fee authorized under section
349.16, subdivision 8.
1.22(b) The liability for the tax imposed by this section is incurred when the pull-tabs
1.23and tipboards are delivered by the distributor to the customer or to a common or contract
1.24carrier for delivery to the customer, or when received by the customer's authorized
1.25representative at the distributor's place of business, regardless of the distributor's method
1.26of accounting or the terms of the sale.
2.1The tax imposed by this subdivision is imposed on all sales of pull-tabs and
2.2tipboards, except the following:
2.3(1) sales to the governing body of an Indian tribal organization for use on an Indian
2.4reservation;
2.5(2) sales to distributors licensed under the laws of another state or of a province of
2.6Canada, as long as all statutory and regulatory requirements are met in the other state or
2.7province;
2.8(3) sales of promotional tickets as defined in section
349.12; and
2.9(4) pull-tabs and tipboards sold to an organization that sells pull-tabs and tipboards
2.10under the exemption from licensing in section
349.166, subdivision 2. A distributor shall
2.11require an organization conducting exempt gambling to show proof of its exempt status
2.12before making a tax-exempt sale of pull-tabs or tipboards to the organization. A distributor
2.13shall identify, on all reports submitted to the commissioner, all sales of pull-tabs and
2.14tipboards that are exempt from tax under this subdivision.
2.15(c) A distributor having a liability of $10,000 or more during a fiscal year ending
2.16June 30 must remit all liabilities in the subsequent calendar year by electronic means.
2.17(d) Any customer who purchases deals of pull-tabs or tipboards from a distributor
2.18may file an annual claim for a refund or credit of taxes paid pursuant to this subdivision
2.19for unsold pull-tab and tipboard tickets. The claim must be filed with the commissioner on
2.20a form prescribed by the commissioner by March 20 of the year following the calendar
2.21year for which the refund is claimed. The refund must be filed as part of the customer's
2.22February monthly return. The refund or credit is equal to
1.7 1.0 percent of the face
2.23value of the unsold pull-tab or tipboard tickets, provided that the refund or credit will be
2.241.75 1.35 percent of the face value of the unsold pull-tab or tipboard tickets for claims for
2.25a refund or credit of taxes filed on the February
2001 2012 monthly return. The refund
2.26claimed will be applied as a credit against tax owing under this chapter on the February
2.27monthly return. If the refund claimed exceeds the tax owing on the February monthly
2.28return, that amount will be refunded. The amount refunded will bear interest pursuant
2.29to section
270C.405 from 90 days after the claim is filed.
2.30 Sec. 3. Minnesota Statutes 2010, section 297E.02, subdivision 6, is amended to read:
2.31 Subd. 6.
Combined receipts tax. In addition to the taxes imposed under
2.32subdivisions 1 and 4, a tax is imposed on the combined receipts of the organization. As
2.33used in this section, "combined receipts" is the sum of the organization's gross receipts
2.34from lawful gambling less gross receipts directly derived from the conduct of bingo,
2.35raffles, and paddle wheels, as defined in section
297E.01, subdivision 8, for the fiscal year.
3.1The combined receipts of an organization are subject to a tax computed according to
3.2the following schedule:
3.3
3.4
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If the combined receipts
for the fiscal year are:
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The tax is:
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3.5
3.6
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|
Not over $500,000
$600,000
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zero
|
|
3.7
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|
Over $500,000$600,000,
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|
|
|
3.8
3.9
3.10
|
|
but not over $700,000
$800,000
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|
1.71.0 percent of the amount over
$500,000$600,000, but not over
$700,000$800,000
|
|
3.11
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Over $700,000$800,000,
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|
|
|
3.12
3.13
3.14
|
|
but not over $900,000
$1,000,000
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|
$3,400$2,000 plus 3.42.0 percent of
the amount over $700,000$800,000,
but not over $900,000$1,000,000
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|
3.15
3.16
3.17
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Over $900,000$1,000,000
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$10,200$6,000 plus 5.13.0 percent
of the amount over $900,000
$1,000,000
|
|
3.18The tax imposed under this subdivision is payable by the organization or party
3.19conducting, directly or indirectly, the gambling on a site-by-site basis.
3.20 Sec. 4. Minnesota Statutes 2010, section 349.12, subdivision 5, is amended to read:
3.21 Subd. 5.
Bingo occasion. "Bingo occasion" means a single gathering or session at
3.22which a series of one or more successive bingo games is played. There is no limit on the
3.23number of games conducted during a bingo occasion
but. A bingo occasion must not last
3.24longer than eight consecutive hours
, except that linked bingo games played on electronic
3.25bingo devices may be played during regular business hours of the permitted premises and
3.26all play during this period is considered a bingo occasion for reporting purposes.
3.27 Sec. 5. Minnesota Statutes 2010, section 349.12, subdivision 12a, is amended to read:
3.28 Subd. 12a.
Electronic bingo device. "Electronic bingo device" means an electronic
3.29bingo device used by a bingo player to
(1) monitor bingo paper sheets or a facsimile of
3.30a bingo paper sheet when purchased at the time and place of an organization's bingo
3.31occasion
and which (1) provides a means for bingo players to, (2) activate numbers
3.32announced
by a bingo caller; (2) compares or displayed and compare the numbers
entered
3.33by the player to the bingo faces previously stored in the memory of the device
;, and (3)
3.34identifies identify a winning bingo pattern
or game requirement.
3.35Electronic bingo device does not mean any device into which coin, currency, or tokens are
3.36inserted to activate play
but does allow for activation by coded data entry.
3.37 Sec. 6. Minnesota Statutes 2010, section 349.12, subdivision 25b, is amended to read:
4.1 Subd. 25b.
Linked bingo game provider. "Linked bingo game provider" means
4.2any person who provides the means to link bingo
prizes in a linked bingo game, who
4.3provides linked bingo paper sheets to the participating organizations games, who provides
4.4linked bingo prize management, and who provides the linked bingo game system.
4.5 Sec. 7. Minnesota Statutes 2010, section 349.12, subdivision 25c, is amended to read:
4.6 Subd. 25c.
Linked bingo game system. "Linked bingo game system" means the
4.7equipment used by the linked bingo provider to conduct, transmit, and track a linked
4.8bingo game. The system must be approved by the board before its use in this state and it
4.9must have
dial-up or other the capability to permit the board to
electronically monitor its
4.10operation remotely.
4.11 Sec. 8. Minnesota Statutes 2010, section 349.12, subdivision 25d, is amended to read:
4.12 Subd. 25d.
Linked bingo prize pool. "Linked bingo prize pool" means the total
4.13of all prize money that each participating organization has contributed to a linked bingo
4.14game prize and includes any portion of the prize pool that is carried over from one
4.15occasion game to another in a progressive linked bingo game.
4.16 Sec. 9. Minnesota Statutes 2010, section 349.12, subdivision 29, is amended to read:
4.17 Subd. 29.
Paddle wheel. "Paddle wheel" means a wheel marked off into sections
4.18containing one or more numbers, and which, after being turned or spun
manually or
4.19electronically, uses a pointer or marker to indicate winning chances.
4.20 Sec. 10. Minnesota Statutes 2010, section 349.12, subdivision 32, is amended to read:
4.21 Subd. 32.
Pull-tab. "Pull-tab" means a single folded or banded
paper ticket
or , a
4.22multi-ply card with perforated break-open tabs,
or a facsimile of a paper pull-tab when
4.23used in conjunction with a pull-tab dispensing device, the face of which is initially covered
4.24to conceal one or more numbers or symbols, where one or more of each set of tickets
, or
4.25cards
, or facsimiles has been designated in advance as a winner.
4.26 Sec. 11. Minnesota Statutes 2010, section 349.12, subdivision 32a, is amended to read:
4.27 Subd. 32a.
Pull-tab dispensing device. "Pull-tab dispensing device" means a
4.28mechanical
or electronic device that dispenses paper pull-tabs
and has no additional
4.29function as an amusement or gambling device or displays facsimiles of paper pull-tabs. A
4.30pull-tab dispensing device may have as a component an auditory or visual enhancement to
4.31promote or provide information about a game being dispensed
or displayed, provided the
5.1component does not affect the outcome of a game or display the results of a game
or an
5.2individual ticket.
A pull-tab dispensing device that displays facsimiles of paper pull-tabs
5.3is not allowed to accept any coin, currency, or tokens, but does allow for activation by
5.4coded data entry.
5.5 Sec. 12. Minnesota Statutes 2010, section 349.13, is amended to read:
5.6349.13 LAWFUL GAMBLING.
5.7Lawful gambling is not a lottery or gambling within the meaning of sections
609.75
5.8to
609.76 if it is conducted under this chapter. A pull-tab dispensing device permitted by
5.9board rule is not a gambling device within the meaning of sections
609.75 to
609.76 and
5.10chapter 299L.
Electronic game devices authorized under this chapter may be used only
5.11in the conduct of lawful gambling permitted under this chapter and may not display or
5.12simulate any other form of gambling or entertainment.
5.13 Sec. 13. Minnesota Statutes 2010, section 349.151, subdivision 4b, is amended to read:
5.14 Subd. 4b.
Pull-tab sales from dispensing devices. (a) The board may by rule
5.15authorize but not require the use of pull-tab dispensing devices.
5.16(b) Rules adopted under paragraph (a):
5.17(1) must limit the number of pull-tab dispensing devices on any permitted premises
5.18to three; and
5.19(2) must limit the use of pull-tab dispensing devices to a permitted premises which is
5.20(i) a licensed premises for on-sales of intoxicating liquor or 3.2 percent malt beverages;
5.21or (ii) a premises where bingo is conducted and admission is restricted to persons 18
5.22years or older.
5.23(c) Notwithstanding rules adopted under paragraph (b), pull-tab dispensing devices
5.24may be used in establishments licensed for the off-sale of intoxicating liquor, other than
5.25drugstores and general food stores licensed under section
340A.405, subdivision 1.
5.26 Sec. 14. Minnesota Statutes 2010, section 349.151, subdivision 4c, is amended to read:
5.27 Subd. 4c.
Electronic bingo. (a) The board may by rule authorize but not require the
5.28use of electronic bingo devices.
5.29(b) Rules adopted under paragraph (a):
5.30(1) must limit the number of bingo faces that can be played using an electronic
5.31bingo device to 36;
6.1(2) must require that an electronic bingo device be used with
corresponding bingo
6.2paper sheets or a facsimile
, printed at the point of sale, of a bingo paper sheet as approved
6.3by the board;
6.4(3) must require that the electronic bingo device site system have
dial-up the
6.5capability to permit the board to remotely monitor the operation of the device and the
6.6internal accounting systems; and
6.7(4) must prohibit the price of a face played on an electronic bingo device from
6.8being less than the price of a face on a bingo paper sheet sold
for the same game at the
6.9same occasion.
6.10 Sec. 15. Minnesota Statutes 2010, section 349.151, is amended by adding a subdivision
6.11to read:
6.12 Subd. 4d. Electronic game devices. Notwithstanding other rulemaking
6.13requirements under chapter 349, the adoption of rules by the board for manufacturing
6.14standards of electronic game devices, for games played on electronic game devices, and
6.15for operating procedures, record keeping, and reports for games played on electronic game
6.16devices may be promulgated under the provisions of section 14.389.
6.17 Sec. 16. Minnesota Statutes 2010, section 349.155, subdivision 3, is amended to read:
6.18 Subd. 3.
Mandatory disqualifications. (a) In the case of licenses for manufacturers,
6.19distributors, distributor salespersons, linked bingo game providers, and gambling
6.20managers, the board may not issue or renew a license under this chapter, and shall revoke
6.21a license under this chapter, if the applicant or licensee, or a director, officer, partner,
6.22governor, or person in a supervisory or management position of the applicant or licensee:
6.23(1) has ever been convicted of a felony or a crime involving gambling;
6.24(2) has ever been convicted of (i) assault, (ii) a criminal violation involving the use
6.25of a firearm, or (iii) making terroristic threats;
6.26(3) is or has ever been connected with or engaged in an illegal business;
6.27(4) owes $500 or more in delinquent taxes as defined in section
270C.72;
6.28(5) had a sales and use tax permit revoked by the commissioner of revenue within
6.29the past two years; or
6.30(6) after demand, has not filed tax returns required by the commissioner of revenue.
6.31The board may deny or refuse to renew a license under this chapter, and may revoke a
6.32license under this chapter, if any of the conditions in this paragraph are applicable to
6.33an affiliate or direct or indirect holder of more than a five percent financial interest in
6.34the applicant or licensee.
7.1(b) In the case of licenses for organizations, the board may not issue a license under
7.2this chapter, and shall revoke a license under this chapter, if the organization, or an officer
7.3or member of the governing body of the organization:
7.4(1) has been convicted of a felony or gross misdemeanor involving theft or fraud;
or
7.5(2) has ever been convicted of a crime involving gambling
; or.
7.6(3) has had a license issued by the board or director permanently revoked for
7.7violation of law or board rule.
7.8 Sec. 17. Minnesota Statutes 2010, section 349.155, subdivision 4, is amended to read:
7.9 Subd. 4.
License revocation, suspension, denial; censure. (a) The board may by
7.10order (i) deny, suspend, revoke, or refuse to renew a license or premises permit, or (ii)
7.11censure a licensee or applicant, if it finds that the order is in the public interest and that the
7.12applicant or licensee, or a director, officer, partner, governor, person in a supervisory or
7.13management position of the applicant or licensee, an employee eligible to make sales on
7.14behalf of the applicant or licensee, or direct or indirect holder of more than a five percent
7.15financial interest in the applicant or licensee:
7.16(1) has violated or failed to comply with any provision of this chapter or chapter
7.17297E or 299L, or any rule adopted or order issued thereunder;
7.18(2) has filed an application for a license that is incomplete in any material respect, or
7.19contains a statement that, in light of the circumstances under which it was made, is false,
7.20misleading, fraudulent, or a misrepresentation;
7.21(3) has made a false statement in a document or report required to be submitted to
7.22the board or the commissioner of revenue, or has made a false statement to the board, the
7.23compliance review group, or the director;
7.24(4) has been convicted of a crime in another jurisdiction that would be a felony if
7.25committed in Minnesota;
7.26(5) is permanently or temporarily enjoined by any gambling regulatory agency from
7.27engaging in or continuing any conduct or practice involving any aspect of gambling;
7.28(6) has had a gambling-related license revoked or suspended, or has paid or been
7.29required to pay a monetary penalty of $2,500 or more, by a gambling regulator in another
7.30state or jurisdiction;
7.31(7) has been the subject of any of the following actions by the director of alcohol
7.32and gambling enforcement or commissioner of public safety: (i) had a license under
7.33chapter 299L denied, suspended, or revoked, (ii) been censured, reprimanded, has paid or
7.34been required to pay a monetary penalty or fine, or (iii) has been the subject of any other
7.35discipline by the director or commissioner;
8.1(8) has engaged in conduct that is contrary to the public health, welfare, or safety, or
8.2to the integrity of gambling; or
8.3(9) based on past activities or criminal record poses a threat to the public interest or
8.4to the effective regulation and control of gambling, or creates or enhances the dangers of
8.5unsuitable, unfair, or illegal practices, methods, and activities in the conduct of gambling
8.6or the carrying on of the business and financial arrangements incidental to the conduct of
8.7gambling.
8.8(b) The revocation or suspension of an organization license may not exceed a period
8.9of ten years, including any revocation or suspension imposed by the board prior to the
8.10effective date of this paragraph, except that:
8.11(1) any prohibition placed by the board on who may be involved in the conduct,
8.12oversight, or management of the revoked organization's lawful gambling activity is
8.13permanent; and
8.14(2) a revocation or suspension will remain in effect until the payment of any taxes,
8.15fees, and fines that are delinquent have been paid by the organization to the satisfaction of
8.16the board.
8.17 Sec. 18. Minnesota Statutes 2010, section 349.161, subdivision 1, is amended to read:
8.18 Subdivision 1.
Prohibited acts; licenses required. (a) No person may:
8.19 (1) sell, offer for sale, or furnish gambling equipment for use within the state other
8.20than for lawful gambling exempt or excluded from licensing, except to an organization
8.21licensed for lawful gambling;
8.22 (2) sell, offer for sale, or furnish gambling equipment for use within the state
8.23without having obtained a distributor license or a distributor salesperson license under
8.24this section except that an organization authorized to conduct bingo by the board may
8.25loan bingo hard cards and devices for selecting bingo numbers to another organization
8.26authorized to conduct bingo;
8.27 (3) sell, offer for sale, or furnish gambling equipment for use within the state that is
8.28not purchased or obtained from a manufacturer or distributor licensed under this chapter; or
8.29 (4) sell, offer for sale, or furnish gambling equipment for use within the state that
8.30has the same serial number as another item of gambling equipment of the same type sold
8.31or offered for sale or furnished for use in the state by that distributor.
8.32 (b) No licensed distributor salesperson may sell, offer for sale, or furnish gambling
8.33equipment for use within the state without being employed by a licensed distributor or
8.34owning a distributor license.
9.1(c) No distributor or distributor salesperson may also be licensed as a linked bingo
9.2game provider under section 349.1635.
9.3 Sec. 19. Minnesota Statutes 2010, section 349.163, subdivision 1, is amended to read:
9.4 Subdivision 1.
License required. No manufacturer of gambling equipment may
9.5sell any gambling equipment to any person for use or resale within the state, unless the
9.6manufacturer has a current and valid license issued by the board under this section and has
9.7satisfied other criteria prescribed by the board by rule.
A manufacturer licensed under this
9.8section may also be licensed as a linked bingo game provider under section 349.1635.
9.9A manufacturer licensed under this section may not also be directly or indirectly
9.10licensed as a distributor under section
349.161.
9.11 Sec. 20. Minnesota Statutes 2010, section 349.163, subdivision 6, is amended to read:
9.12 Subd. 6.
Samples of gambling equipment. The board shall require each licensed
9.13manufacturer to submit to the board one or more samples of each item of gambling
9.14equipment the manufacturer manufactures for use or resale in this state.
For purposes of
9.15this subdivision, a manufacturer is also required to submit the applicable version of any
9.16software necessary to operate electronic devices and related systems. The board shall
9.17inspect and test all the equipment
, including software and software upgrades, it deems
9.18necessary to determine the equipment's compliance with law and board rules. Samples
9.19required under this subdivision must be approved by the board before the equipment being
9.20sampled is shipped into or sold for use or resale in this state. The board shall impose a fee
9.21of $25 for each item of gambling equipment that the manufacturer submits for approval
9.22or for which the manufacturer requests approval. The board shall impose a fee of $100
9.23for each sample of gambling equipment that it tests. The board may require samples of
9.24gambling equipment to be tested by an independent testing laboratory prior to submission
9.25to the board for approval. All costs of testing by an independent testing laboratory must be
9.26borne by the manufacturer. An independent testing laboratory used by a manufacturer to
9.27test samples of gambling equipment must be approved by the board before the equipment
9.28is submitted to the laboratory for testing. The board may request the assistance of the
9.29commissioner of public safety and the director of the State Lottery in performing the tests.
9.30 Sec. 21. Minnesota Statutes 2010, section 349.1635, subdivision 2, is amended to read:
9.31 Subd. 2.
License application. The board may issue a license to a linked bingo game
9.32provider
or to a manufacturer licensed under section 349.163 who meets the qualifications
9.33of this chapter and the rules promulgated by the board. The application shall be on a form
10.1prescribed by the board. The license is valid for two years and the fee for a linked bingo
10.2game provider license is $5,000 per year.
10.3 Sec. 22. Minnesota Statutes 2010, section 349.1635, is amended by adding a
10.4subdivision to read:
10.5 Subd. 5. Linked bingo game services requirements. A linked bingo game
10.6provider shall contract with licensed distributors for linked bingo game services including,
10.7but not limited to, the solicitation of agreements with licensed organizations, and
10.8installation, repair, or maintenance of the linked bingo game system. No linked bingo
10.9game provider may contract with any distributor on an exclusive basis. A linked bingo
10.10game provider may refuse to contract with a licensed distributor if the linked bingo
10.11game provider demonstrates that the licensed distributor is not capable of performing
10.12the services under the contract.
10.13 Sec. 23. Minnesota Statutes 2010, section 349.165, subdivision 2, is amended to read:
10.14 Subd. 2.
Contents of application. An application for a premises permit must
10.15contain:
10.16(1) the name and address of the applying organization;
10.17(2) a description of the site for which the permit is sought, including its address and,
10.18where applicable, its placement within another premises or establishment;
10.19(3) if the site is leased, the name and address of the lessor and information about the
10.20lease the board requires, including all rents and other charges for the use of the site. The
10.21lease term is concurrent with the term of the premises permit. The lease must contain a
10.2230-day termination clause. No lease is required for the conduct of a raffle; and
10.23(4) other information the board deems necessary to carry out its purposes.
10.24An organization holding a premises permit must notify the board in writing within
10.25ten days whenever any material change is made in the above information.
10.26 Sec. 24. Minnesota Statutes 2010, section 349.17, subdivision 6, is amended to read:
10.27 Subd. 6.
Conduct of bingo. A game of bingo begins with the first letter and number
10.28called
or displayed. Each player must cover, mark, or activate the numbers when bingo
10.29numbers are randomly selected
, and announced
, and or displayed to the players
, either
10.30manually or with a flashboard and monitor. The game is won when a player, using
10.31bingo paper, bingo hard card, or a facsimile of a bingo paper sheet, has completed, as
10.32described in the bingo program, a previously designated pattern or previously determined
11.1requirements of the game and declared bingo. The game is completed when a winning
11.2card, sheet, or facsimile is verified and a prize awarded pursuant to subdivision 3.
11.3 Sec. 25. Minnesota Statutes 2010, section 349.17, subdivision 7, is amended to read:
11.4 Subd. 7.
Bar bingo. An organization may conduct bar bingo subject to the
11.5following restrictions:
11.6 (1) the bingo is conducted at a site the organization owns or leases and which has a
11.7license for the sale of intoxicating beverages on the premises under chapter 340A;
11.8 (2) the bingo is conducted using only bingo paper sheets or facsimiles of bingo paper
11.9sheets purchased from a licensed distributor or licensed linked bingo game provider; and
11.10 (3) no rent may be paid for a bar bingo occasion
, except as allowed in section
11.11349.185.
11.12 Sec. 26. Minnesota Statutes 2010, section 349.17, subdivision 8, is amended to read:
11.13 Subd. 8.
Linked bingo games. (a) A licensed organization may conduct or
11.14participate in
not more than two linked bingo games
per occasion,
one of which may be a
11.15including progressive
game games in which a portion of the prize is carried over from one
11.16occasion game to another until won by a player achieving a bingo within a predetermined
11.17amount of bingo numbers called.
11.18 (b)
Each participating licensed organization shall contribute to each prize awarded in
11.19a linked bingo game in an amount not to exceed $300 Linked bingo games may only be
11.20conducted by licensed organizations who have a valid agreement with the linked bingo
11.21game provider.
11.22 (c) An electronic bingo device as defined in section
349.12, subdivision 12a, may
11.23be used for a linked bingo game.
11.24 (d) Linked bingo games played on an electronic bingo device may be located only at
11.25a permitted premises where the organization conducts another form of lawful gambling
11.26and the premises is:
11.27 (1) a licensed premises for the on-sale or off-sale of intoxicating liquor or 3.2 percent
11.28malt beverages, except for a general foods store or drug store permitted to sell alcoholic
11.29beverages under section 340A.405, subdivision 1; or
11.30 (2) where bingo is conducted as the primary business, the premises has a seating
11.31capacity of at least 100, and admission is restricted to persons 18 years or older.
11.32 (e) For linked bingo games played on an electronic bingo device:
11.33(1) no more than six electronic bingo devices may be in play at a permitted premises
11.34with 200 seats or less;
12.1(2) no more than 12 electronic bingo devices may be in play at a permitted premises
12.2with 201 seats or more; and
12.3 (3) for premises where the primary business is bingo, the number of electronic bingo
12.4devices that may be in play will be determined by the board.
12.5Seating capacity is determined as specified under local fire code.
12.6 (f) Prior to a bingo occasion for linked bingo games played on an electronic bingo
12.7device, the linked bingo game provider, on behalf of the participating organizations, must
12.8provide to the board a bingo program in a format prescribed by the board.
12.9 (d) (g) The board may adopt rules to:
12.10 (1) specify the manner in which a linked bingo game must be played and how the
12.11linked bingo prizes must be awarded;
12.12 (2) specify the records to be maintained by a linked bingo game provider;
12.13 (3) require the submission of periodic reports by the linked bingo game provider and
12.14specify the content of the reports;
12.15 (4) establish the qualifications required to be licensed as a linked bingo game
12.16provider; and
12.17 (5) any other matter involving the operation of a linked bingo game.
12.18 Sec. 27. Minnesota Statutes 2010, section 349.1721, is amended by adding a
12.19subdivision to read:
12.20 Subd. 3. Pull-tab dispensing devices restrictions and requirements. (a) The
12.21number of paper pull-tab dispensing devices located on any permitted premises is limited
12.22to three.
12.23(b) The number of pull-tab dispensing devices that use facsimiles of paper pull-tabs
12.24is limited to:
12.25(1) no more than six devices in play at any permitted premises with 200 seats or less;
12.26(2) no more than 12 devices in play at any permitted premises with 201 seats
12.27or more; and
12.28(3) for premises where the primary business is bingo, the number of devices that
12.29may be in play will be determined by the board.
12.30Seating capacity is determined as specified under the local fire code.
12.31(c) The use of any pull-tab dispensing device must be at a permitted premises
12.32which is:
12.33(1) a licensed premises for on-sales of intoxicating liquor or 3.2 percent malt
12.34beverages; or
13.1(2) a premises where bingo is conducted as the primary business and admission
13.2is restricted to persons 18 years or older.
13.3(d) Pull-tab dispensing devices may be used in establishments licensed for the
13.4off-sale of intoxicating liquor, other than drugstores and general food stores licensed under
13.5section 340A.405, subdivision 1.
13.6(e) An organization may use pull-tab dispensing devices that use facsimiles of paper
13.7pull-tabs if the organization conducts another form of lawful gambling at the permitted
13.8premises.
13.9(f) Pull-tab dispensing devices that use facsimiles of paper pull-tabs must have the
13.10capability to:
13.11(1) allow the board to electronically monitor the operation of the electronic pull-tab
13.12devices and the internal accounting systems;
13.13(2) maintain a printable, permanent record of all transactions involving the device;
13.14and
13.15(3) allow the board to require the deactivation of a device for violation of a law or
13.16rule and to implement any other controls deemed by the board necessary to ensure and
13.17maintain the integrity of games operated under this subdivision.
13.18(g) The board shall examine prototypes of pull-tab dispensing devices that use
13.19facsimiles of paper pull-tabs. The board may contract for the examination of the devices
13.20and may require working models of the devices to be transported to locations the board
13.21designates for testing, examination, and analysis. The manufacturer shall pay all costs of
13.22any testing, examination, analysis, and transportation of the model.
13.23 Sec. 28. Minnesota Statutes 2010, section 349.1721, is amended by adding a
13.24subdivision to read:
13.25 Subd. 4. Electronic facsimile of paper pull-tabs. (a) Tickets and deals must be in
13.26conformance with board rules for pull-tabs.
13.27(b) Deals must contain:
13.28(1) a finite number of tickets in each electronic deal;
13.29(2) a predetermined number of winning and losing tickets;
13.30(3) serialized tracking for each deal;
13.31(4) no regeneration of a serialized deal; and
13.32(5) no spinning symbols which mimic a video slot machine.
13.33(c) All deals in play must not be transferred electronically or otherwise to any other
13.34location by the licensed organization.
13.35(d) Deals must not be shared or commingled with any other deals or locations.
14.1 Sec. 29. Minnesota Statutes 2010, section 349.1721, is amended by adding a
14.2subdivision to read:
14.3 Subd. 5. Multiple chance games. The board may permit pull-tab games in which
14.4the holders of certain predesignated winning tickets, with a prize value not to exceed $75
14.5each, have the option of turning in the winning tickets for the chance to win a prize of
14.6greater value.
14.7 Sec. 30. Minnesota Statutes 2010, section 349.18, subdivision 1, is amended to read:
14.8 Subdivision 1.
Lease or ownership required; rent limitations. (a) An organization
14.9may conduct lawful gambling only on premises it owns or leases. Leases must be on a
14.10form prescribed by the board. The term of the lease is concurrent with the premises permit.
14.11Leases approved by the board must specify that the board may authorize an organization
14.12to withhold rent from a lessor for a period of up to 90 days if the board determines that
14.13illegal gambling occurred on the premises or that the lessor or its employees participated
14.14in the illegal gambling or knew of the gambling and did not take prompt action to stop the
14.15gambling. The lease must authorize the continued tenancy of the organization without
14.16the payment of rent during the time period determined by the board under this paragraph.
14.17Copies of all leases must be made available to employees of the board and the Division of
14.18Alcohol and Gambling Enforcement on request.
14.19 (b) Rent paid by an organization for leased premises for the conduct of pull-tabs,
14.20tipboards, and paddle wheels is subject to the following limits:
14.21 (1) for booth operations, including booth operations where a
paper pull-tab
14.22dispensing device is located, booth operations where a bar operation is also conducted,
14.23and booth operations where both a
paper pull-tab dispensing device is located and a bar
14.24operation is also conducted, the
maximum rent is: monthly rent is not more than ten
14.25percent of gross profits for that month;
14.26 (i) in any month where the organization's gross profit at those premises does not
14.27exceed $4,000, up to $400; and
14.28 (ii) in any month where the organization's gross profit at those premises exceeds
14.29$4,000, up to $400 plus not more than ten percent of the gross profit for that month in
14.30excess of $4,000;
14.31 (2) for bar operations,
including bar operations where a pull-tab dispensing device is
14.32located but not including bar operations subject to clause (1),
and for locations where only
14.33a pull-tab dispensing device is located the monthly rent is subject to the following:
14.34 (i) in any month where the organization's gross profit at those premises does not
14.35exceed $1,000, up to $200; and
15.1 (ii) in any month where the organization's gross profit at those premises exceeds
15.2$1,000, up to $200 plus not more than 20 percent of the gross profit for that month
15.3in excess of $1,000;
15.4(i) not more than 20 percent of the monthly gross profits from the sale of paper
15.5pull-tabs or tipboards; and
15.6(ii) not more than 17 percent of the monthly gross profits from sales of electronic
15.7linked bingo games and electronic facsimiles of paper pull-tabs;
15.8 (3) a lease not governed by clauses (1) and (2) must be approved by the board
15.9before becoming effective;
15.10 (4) total rent paid to a lessor from all organizations from leases governed by clause
15.11(1) may not exceed $1,750 per month.
15.12 (c) Rent paid by an organization for leased premises for the conduct of bingo is
15.13subject to either of the following limits at the option of the parties to the lease:
15.14 (1) not more than ten percent of the monthly gross profit from all lawful gambling
15.15activities held during bingo occasions excluding bar bingo or at a rate based on a cost per
15.16square foot not to exceed 110 percent of a comparable cost per square foot for leased space
15.17as approved by the director; and
15.18 (2) no rent may be paid for bar bingo
except as allowed in section 349.185.
15.19 (d) Amounts paid as rent under leases are all-inclusive. No other services or expenses
15.20provided or contracted by the lessor may be paid by the organization, including, but not
15.21limited to, trash removal, janitorial and cleaning services, snow removal, lawn services,
15.22electricity, heat, security, security monitoring, storage, other utilities or services, and, in
15.23the case of bar operations, cash shortages, unless approved by the director.
The lessor shall
15.24be responsible for the cost of any communications network or service that is required to
15.25conduct electronic gaming. Any other expenditure made by an organization that is related
15.26to a leased premises must be approved by the director. An organization may not provide
15.27any compensation or thing of value to a lessor or the lessor's employees from any fund
15.28source other than its gambling account. Rent payments may not be made to an individual.
15.29 (e) Notwithstanding paragraph (b), an organization may pay a lessor for food or
15.30beverages or meeting room rental if the charge made is comparable to similar charges
15.31made to other individuals or groups.
15.32 (f) No entity other than the licensed organization may conduct any activity within
15.33a booth operation on a leased premises.
15.34(g) The rent provisions under this subdivision shall be monitored by the board and
15.35shall be reported to the legislature as part of the board's annual report.
16.1 Sec. 31.
[349.185] GROSS PROFIT ALLOCATION; LINKED BINGO ON
16.2ELECTRONIC BINGO DEVICES.
16.3(a) The allocation of gross profits from the operation of linked bingo on electronic
16.4bingo devices is as provided in this section. The licensed organization shall receive:
16.5(1) a minimum of 50 percent of gross profits to be used exclusively for lawful
16.6purpose expenditures as defined under section 349.12, subdivision 25; and
16.7(2) no more than 13 percent each fiscal year for allowable expenses as defined
16.8under section 349.12, subdivision 3a, and does not include the expenses allocated under
16.9paragraph (b) or (c).
16.10(b) A linked bingo game provider shall receive no more than 20 percent of gross
16.11profits.
16.12(c) Where the primary business is not bingo and the premises is leased and linked
16.13bingo is played on electronic bingo devices, the lessor is subject to the limits in section
16.14349.18. The licensed organization shall be responsible for the overall conduct of linked
16.15bingo games but the lessor shall provide staffing to operate the linked bingo games at the
16.16premises in order to receive the percentage of profit allocation and the lessor is responsible
16.17for cash shortages.
16.18(d) Where the primary business is bingo and the linked bingo is played on electronic
16.19bingo devices, the lessor is subject to the rent limitations under section 349.18, subdivision
16.201, paragraph (c), clause (1), and the licensed organization will receive the value identified
16.21under paragraph (c).
16.22(e) The allocation of gross profits under this subdivision shall be monitored by the
16.23board and shall be reported to the legislature as part of the board's annual report.
16.24 Sec. 32. Minnesota Statutes 2010, section 349.211, subdivision 1a, is amended to read:
16.25 Subd. 1a.
Linked bingo prizes. Prizes for a linked bingo game shall be limited
16.26as follows:
16.27(1)
no organization may contribute more than $300 per linked bingo game to a
16.28linked bingo prize pool for linked bingo games played without electronic bingo devices,
16.29an organization may not contribute to a linked bingo game prize pool more than $300
16.30per linked bingo game per site;
16.31(2) for linked bingo games played with electronic bingo devices, an organization
16.32may not contribute more than 85 percent of the gross receipts per permitted premises to
16.33a linked bingo game prize pool;
16.34(2) (3) no organization may award more than $200 for a linked bingo game
16.35consolation prize. For purposes of this subdivision, a linked bingo game consolation
17.1prize is a prize awarded by an organization after a prize from the linked bingo prize pool
17.2has been won;
and
17.3 (3) (4) for a progressive linked bingo game, if no player declares a valid bingo
17.4within the for a progressive prize or prizes based on a predetermined
amount of bingo
17.5numbers called and posted win determination, a portion of the
prize is gross receipts
17.6may be carried over to another
occasion game until the accumulated
progressive prize
17.7is won. The portion of the prize that is not carried over must be awarded to the first
17.8player or players who declares a valid bingo as additional numbers are called. If a valid
17.9bingo is declared within the predetermined amount of bingo numbers called, the entire
17.10prize pool for that game is awarded to the winner
. The annual limit for progressive bingo
17.11game prizes contained in subdivision 2 must be reduced by the amount an organization
17.12contributes to progressive linked bingo games during the same calendar year.; and
17.13(5) for linked bingo games played on electronic bingo devices, linked bingo prizes
17.14in excess of $599 shall be paid by the linked bingo game provider to the player within
17.15three business days. Winners of linked bingo prizes in excess of $599 will be given a
17.16receipt or claim voucher as proof of a win."
17.17Amend the title accordingly