[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:
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.
A single gathering or session at which a series of one or
more successive bingo games is played.
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.
A.
No bingo occasion shall be conducted except by an
eligible organization which has secured a license for that purpose,
as provided in this article.
B.
A license shall be valid for 12 calendar months from
the date of issuance.
D.
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.
E.
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]
A.
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.
B.
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.
C.
No person shall receive more than $12 as compensation
for any duties in connection with any one bingo occasion.
D.
No more than 104 bingo occasions each year or two
bingo occasions each week shall be conducted by any licensed organization.
E.
A bingo occasion shall not continue for more than
four consecutive hours.
A.
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.
B.
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.
C.
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.
A.
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.
B.
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]
A.
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.
B.
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.
A.
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.
B.
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:
(1)
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.
(2)
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.
(3)
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.
(4)
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.
(5)
Any lease agreements required by this article, executed
by the organization in regard to premises leased for the conduct of
bingo.
C.
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.
A.
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:
(1)
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.
(2)
Initiating, performing or fostering worthy public
works or enabling or furthering the erection or maintenance of public
structures.
(3)
Lessening the burdens borne by government or voluntarily
supporting, augmenting or supplementing services which government
would normally render to the people.
(4)
The improving, expanding, maintaining or repairing
of real property owned or leased by the licensed organization.
B.
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:
A.
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
B.
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.
