[HISTORY: Adopted by the Council of the City of Breckenridge as indicated in article histories. Amendments noted where applicable.]
[Adopted 9-7-1976 by Ord. No. 322]
The purpose of this article is to closely regulate and control the conduct of the game of bingo and to prohibit commercialization of bingo.
Whenever the following terms appear in this article, they shall have the meanings assigned to them in this article:
- ACTIVE MEMBER
- A member of the organization requesting a license whose dues are paid for the current membership period and who has been a member for at least six months.
- A game where each player has a card or board for which a consideration has been paid, containing five horizontal rows of spaces, with each row except the central one containing five figures. The central row has four figures with the word "free" marked in the center space thereof. A player wins a game of bingo by completing any preannounced combination of spaces or, in the absence of a preannouncement of a combination of spaces, any combination of five spaces in a row, either vertical, horizontal or diagonal.
- BINGO OCCASION
- A single gathering or session at which a series of one or more successive bingo games is played.
- ELIGIBLE ORGANIZATION
- Any fraternal, religious, veterans or other nonprofit organization which has been in existence for at least three years and has at least 30 active members.
- The gross receipts collected from one or more bingo occasions less reasonable sums necessarily and actually expended for bingo supplies and equipment, prizes, rent and utilities used during the bingo occasions, bingo license fees, and compensation to persons lawfully hired to conduct or assist in conducting a bingo occasion.
No bingo occasion shall be conducted except by an eligible organization which has secured a license for that purpose, as provided in this article.
A license shall be valid for 12 calendar months from the date of issuance.
A license application shall be acted upon by the Council no sooner than 30 days and no later then 180 days after the date of application.
No bingo license issued may be transferred to any other person or organization. No bingo license shall be transferred to any location other than the location specified in the license, without prior approval by the council.
[Amended 5-7-2018 by Ord. No. 499]
Every application for a bingo license shall be made to the City Administrator or his/her designee on a form supplied by the City and containing such information as the City Administrator or his/her designee or the Council may require. No person shall make a false statement in an application. Copies of each application shall be referred to the City's Police Chief, Fire Chief and Building Inspector for their recommendations.
The Council may suspend for a period not exceeding 60 days or revoke any bingo license for violation of any provision of M.S.A. 349.11 et seq. or this article. The holder of the license shall be granted a hearing upon at least 10 days' notice before revocation or suspension is ordered. The notice shall state the time and place of the hearing and the nature of the charges against the licensee.
[Amended 2-7-2002 by Ord. No. 440]
Each licensed organization shall appoint a bingo manager to supervise bingo occasions conducted by it. The bingo manager must be a member of the licensed organization, with dues paid for the current membership period, and must have been a member of the organization for at least two years. The bingo manager shall give a fidelity bond in the sum of $10,000 in favor of his or her duties. Terms of the bond shall provide that notice shall be given in writing to the City Council not less than 30 days prior to its cancellation. Each bingo occasion shall be conducted under the direct supervision of the bingo manager, who shall be responsible for the conduct of the bingo occasion in compliance with all applicable laws and ordinances. No person shall act as bingo manager for more than one organization.
Additional persons may be engaged for other duties in connection with bingo occasions as needed, but no person shall assist in the conduct of a bingo occasion who is not an active member of the licensed organization or the spouse of an active member of the licensed organization.
No person shall receive more than $12 as compensation for any duties in connection with any one bingo occasion.
No more than 104 bingo occasions each year or two bingo occasions each week shall be conducted by any licensed organization.
A bingo occasion shall not continue for more than four consecutive hours.
Any person, corporation or eligible organization, which leases any premises that it owns to two or more eligible organizations for purposes including the conduct of bingo occasions, shall not allow more than four bingo occasions to be conducted on the premises in any week.
Any eligible organization which leases any premises to one or more other eligible organizations for purposes including the conduct of bingo occasions shall use the proceeds of the rental, less reasonable sums for maintenance, furnishings and other necessary expenses, only for the uses for which bingo profits may be used, as set out in § 60-13 of this article. Not less than once each year the lessor organization shall report to the City Council the disposition of all receipts which it has received during the reporting period from the rental of its facilities to other organizations for purposes including the conduct of bingo occasions.
No eligible organization shall conduct bingo on any leased premises without a written lease for a term at least equal to the remainder of the term of the bingo license of the lessee organization. Lease payments shall be at a fixed monthly rate, or rate per bingo occasion, not subject to change during the term of the lease. No such lease shall provide that rental payments be based on a percentage of receipts or profits from bingo occasions.
Prizes for a single bingo game shall not exceed $100 except prizes for a game of the type commonly known as a "cover-all" game. Cover-all prizes may exceed $100, provided that the aggregate value of such prizes for a bingo occasion shall not exceed $500. The aggregate value of prizes for a bingo occasion shall not exceed $2,500, except that in the case of a bingo occasion during which a cover-all game is played for a maximum prize of more than $100 but less than $500, the aggregate value of prizes for the bingo occasion shall not exceed $3,000. Merchandise prizes shall be valued at fair market retail value.
Each bingo winner shall be determined and every prize shall be awarded and delivered the same day on which the bingo occasion is conducted.
[Amended 2-7-2002 by Ord. No. 440]
Each licensed organization shall keep records of its gross receipts and profits for each bingo occasion. All deductions from gross receipts from a bingo occasion shall be documented with receipts or other records. The distribution of profits shall be itemized as to payee, amount and date of payment. Records required by this article shall be preserved for three years.
Bingo gross receipts shall be segregated from other revenues of an organization and placed in a separate account. Each organization shall maintain separate records of its bingo operations. The person who accounts for bingo gross receipts and profits shall not be the same person who accounts for other revenues of the licensed organization.
Each licensed organization shall report monthly to its membership its gross receipts from bingo, its profits from bingo and the distribution of those profits itemized as required by § 60-9A.
At the time of making its first license application under this article, and on an annual basis thereafter, each licensed organization shall file with the Council copies of the following:
The most recently filed Department of the Treasury, Internal Revenue Service, Return of Organization Exempt from Income Tax, Form 990, or a comparable form if the organization is required to file the form with the Department of the Treasury.
The most recently filed Department of the Treasury, Internal Revenue Service, Exempt Organization Business Income Tax, Form 990-T, or a comparable form if the organization is required to file the form with the Department of the Treasury.
The most recently filed annual report required of charitable organizations by M.S.A. § 309.53, provided that an organization that is licensed to conduct bingo but is exempt from submitting this report to the Department of Commerce under M.S.A. § 309.53, Subdivision 1a, shall nevertheless submit such a report under this subsection.
This most recently filed Minnesota Department of Commerce Statement of Bingo Operations. All information contained in the statement shall be true, correct and complete to the best of the knowledge of the person or persons signing the statement.
Any lease agreements required by this article, executed by the organization in regard to premises leased for the conduct of bingo.
No person shall knowingly make a false statement in any report required by this section.
Any City official or employee, having a duty to perform with reference to a bingo license, and any police officer may inspect and examine the bingo records of any licensed organization upon 24 hours' notice.
No expense shall be incurred or amounts paid in connection with the conduct of bingo, except those reasonably expended for bingo supplies and equipment, prizes, rent or utilities used during the bingo occasion, bingo license fees and compensation to persons lawfully hired to conduct or assist in conducting a bingo occasion.
Profits from any bingo occasion shall be expended only as authorized by a resolution recorded in the official minutes at a regular meeting of the licensed organization and only for one or more of the following purposes:
Benefiting persons by enhancing their opportunity for religious or education advancement, by relieving or protecting them from disease, suffering or distress, by contributing to their physical well-being, by assisting them in establishing themselves in life as worthy and useful citizens or by increasing their comprehension of and devotion to the principles upon which this nation was founded.
Initiating, performing or fostering worthy public works or enabling or furthering the erection or maintenance of public structures.
Lessening the burdens borne by government or voluntarily supporting, augmenting or supplementing services which government would normally render to the people.
The improving, expanding, maintaining or repairing of real property owned or leased by the licensed organization.
Profits from bingo occasions shall not be expended for the erection or acquisition of any real property, unless the City Council specifically authorized the expenditures after finding that the property will be used exclusively for one or more of the purposes specified in this section.
Bingo may be conducted without complying with the requirements of §§ 60-6D and E and 60-7 if conducted:
In connection with the county fair conducted by the county agricultural society or in connection with a civic celebration recognized by resolution of the City Council, provided that bingo shall not be conducted for more than 12 days during any one county fair or recognized civic celebration; or
By an organization that conducts fewer than five bingo occasions in any calendar year.
[Adopted 9-20-1982 by Ord. No. 380; amended in its entirety 5-7-2018 by Ord. No. 499]
The purpose of this article is to closely regulate and control the conduct of raffles and the operation of gambling devices.
The provisions of M.S.A. § 349.11 et seq. relating to the definition of terms, licensing and restrictions of gambling are adopted by reference and made a part of this article as if set out in full.
No person shall directly or indirectly conduct a raffle without a license to do so as provided in this article. No surety bond or insurance policy shall be required of any applicant for a license under this policy.
The annual fee for a raffle shall be as provided in Chapter 86, Fees.
Application for a license shall be made upon a form prescribed by the Council. No person shall make a false representation in an application.