HomeMy WebLinkAboutCity Council Ordinance 1978-03CITY OF PLYMOUTH
ORDINANCE NO. 73-3
AN ORDINANCE LICENSING AND REGULATING THE
CONDUCT OF BINGO
THE CITY COUNCIL OF THE CITY OF PLYMOUTH DOES HEREBY ORDAIN
AS FOLLOWS:
"Section 1. Purpose. The purpose of this ordinance is to
closely regulate and control the conduct of the game of bingo and
to prohibit commercialization of bingo.
Sec. 2. Definitions. Whenever the following terms appear
in this ordinance, they shall have the meanings assigned to them
in this section.
Subdivision 1. 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.
Subd. 2. Bingo. 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 pre -announced combination of spaces or, in the
a:.,sence of a pre -announcement of a combination of spaces, any
combination of five spaces in a row, either vertical, horizontal,
or diagonal.
Subd. 3. Bingo occasion. A single gathering or session at
which a series of one or more successive bingo games is played.
Subd. 4. 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.
Subd. 5. Profit. 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
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utilities used during the bingo occasions, bingo license fees, and
compensation to persons lawfully hired to conduct or assist in
conducting a bingo occasion.
Sec. 3. License Required. Subdivision 1. No bingo occasion
uhall be conducted except by an eligible organization which has
secured a license for that purpose, as provided in this ordinance.
Subd. 2. All licenses Ehall expire on the last day of February
each year. Each license shall be issuad for a period of one (1)
year, except that if a portion of the license year has elapsed when
the application is made, a license may be issued for the remainder
of the year subject to all terms and conditions of this ordinance.
Subd. 3. The annual license fee shall be $100.00. In addition
a $5.00 fee shall be imposed for each bingo occasion.
Subd. 4. A license application shall be acted upon by the
Council no sooner than 45 days and no later than 180 days after the
date of application.
Subd. 5. 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.
Sec. 4. License Applications. Every application for a bingo
license shall be made to the city clerk on a form supplied by the
city and containing such information as the clerk 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.
Sec. 5. Suspension or Revocation. The council may suspend
for a period not exceeding 60 days, or revoke, any bingo license
for violation of any provision of M.S. Ch. 349 or this ordinance.
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.
Sec. 6. Conduct of Bingo. Subdivision 1. Each licensed
organization shall appoint a bingo manager to supervise bingo
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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 the organization conditioned on the faithful
performance 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.
Subd. 2. One or more checkers shall be engaged for each hJingo
occasion. The checkers shall be active members of the licensed
organization or spouses of active members of the licensed org,.::iza-
tion. The checker or checkers shall record the number of cards
purchased and played in each game prior to the completion of each
game and record the prizes awarded to the recorded cards. Each
checker shall certify all figures which he or she has recorded as
accurate and correct to the best of his or her knowledge, on forms
prescribed by the city clerk.
Subd. 3. 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 lic6nsed organization, or the spouse of an active
member of the licensed organization.
.Subd. 4. No person shall receive more than $12 as compensation
for any duties in connection with any one bingo occasion.
Subd. 5. No more than 104 bingo occasions each year or two
bingo occasions each week shall be conducted by any licensed
organization, except that the City Council -iay authorize up to
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four additional bingo occasions per week to be conducted by a
licensed organization, upon a finding that such additional bingo
occasions will not defeat the purposes of this ordinance as set
out in Section 1.
Subd. 6. A bingo occasion shall not continue for more
than four consecutive hours.
Sec. 7. Bingo on Leased Premises. Subdivision 1. 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.
Subd. 2. 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 act out in Section 13 of this ordinance. Not less than once
each year the lessor organization shall report to the city council
the disposition of all receipts which it `as received during the
reporting period from the rental of its facilities to other organiza-
tions for purposes including the conduct of bingo occasions.
Subd. 3. No eligible organization shall conduct bingo on any
leascl premises without a written lease for a term at least equal
to the remainder of the term of the bingo license of the lessee
organizat:-n. 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.
Sec. 8. Prizes. Subdivision 1. Prizes for a single bingo
gime 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.
Subd. 2. Each bingo winner shall be determined and every
prize shall be awarded and delivered the same day on which the
bingo occasion is conducted.
Sec. 9. Records. Subdivision 1. 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 ordinance shall be preserved for three years.
Subd. 2. Gross receipts shall be compared to the checkers'
records for the bingo occasion by a person who did nit sell cards for
the bingo occasion. If a discrepancy exceeding $20 i.s found
between the amount of gross receipts for a bingo occasion as deter-
mined by the checkers' records, and the amount of gross receipts
as determined by totaling the cash receipts, the discrepancy shall
be reported to and investigaged by the council.
Subd. 3. 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.
Sec. 10. Reports. Subdivision 1. Each licensed organization
shall report monthly to its membership its gross receipts from bingo,
its profits from bingo, and the distribution of those profits itemi-
zed as required by Sec. 9, Subd. 1.
Subd. 2. At the time of makings its first license application
under this ordinance, and on an annual basis thereafter, each
licensed organization shall file with the council copies of the
following:
a. 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.
b. 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.
C. The most recently filed annual report required of
charitable organizations by M.S. 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 Sec. 309.53, Subd. la,
shall nevertheless submit such a report under this
subdivision.
d. The 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.
e. Any lease agreements required by this act, executed
by the organization in regard to premises leased for
the conduct of bingo.
Subd. 3. No person shall knowingly make a tilse statement
in any report required by this section.
Sec. 11. Inspection and Investigation. Subdivision 1. 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.
Sec. 12.. Use of Bingo Receipts. 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.
Sec. 13. Use of Bingo Profits. 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:
a. 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.
b. Initiating, performing, or fostering worthy public
works or enabling or furthering the erection or main-
tenance of public structures.
c. Lessening the burdens borne by government or volun-
tarily supporting, augmenting, or supplementing services
which government would normally render to the people.
d. The improving, expanding, maintaining, or repairing of
real property owned or leased by the license.'_ organization.
Profits from bingo occasions shall not be expended for the
erection or acquisition of any real property, unless the city council
specifically authorizes the expenditures after finding that the
property will be used exclusively for one or more of the purposes
specified in this section.
Sec. 14. Exemptions. Bingo may be conductedwithout
complying with the requirements of Sec. 6., Subds. 5 and 6, and Sec.
7 if conducted: (a) in connection with the county fair conducted
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ivic
by the county agricultural society or in connection with a civic-
celebration
celebration recognized by resolution of the city council, provided
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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.
Sec. 15. Penalties. Violation of any provision, of this
ordinance shall be a misdemeanor. A person convicted of violating
any provision of this ordinance shall be subject to a fine of not
morethan$300 or imprisonment for a term not to -exceed 90 days or
both, plus,,in,either case the :costs of prosecution.
Sec'. 16'. Effedtive Date. -This ordinan-:e became s,,effecti,ve
y
upon itis Passag s ,and ':publicatiori ;according to law."
Adopted by the City Council theday of
1978...
Mayor,
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Attest;;
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Po5! Publishing Co publisher and printer of the newspaper known as
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:1; Sato newspaper is prinfeci in the Engl,sh language in newspaper format and ,n column and Sheer form equivalent
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in printed space to at least 900 square inches i71 Said newspaper is a weekly and is distributer) at least once each
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week 13. Said newspaper has $0 percent of its news columns, devoted to news of local -nterest to "',e community which
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it durpor is to serve and doeS Trot whOliy duplicate any other publication and i5 not made up ent•rely of patents. plate matter
advertisements 'a> Said newspaper is Circulated •n and near the municipality vi �cn t purpurts 'o serve. t:as at
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least Copses regularly delivered to paying subscribers, has an average of at least 75 percent of its total circuiaticn
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r..�rrently paid or n0 more than three months -n arrears and has entry as second c'ass matter .n is local post
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'--e 151 Said newspaper purports to serve the
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,n the County of Hennepin and it has Its known office of issue .n the City of New Hope 'n said county. Established and open
during its regular WfS inesS hours for the garnering of news, sale of advertisements and sale of zubscr-phons and main.
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lamed by the masa, ng officer of said newspaper or per Sons in its employ and Subject to his direction and control during all
h regular hili and at which fime said newspaper is printed W Sato newspaper files a copy of each issue immediately
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wt th the State Historical Society 17'l $aid new",paper has complied with all the foregoing conditions for at least two years
orece0mg the day or dates of publication mentioned below !8i Sato newspaper has filed with the Secretary of State of
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Minnesota prior t0 January 1, 1966 and each January 1 'hereafter an affidavit to the form prescribed by the Secretary of
State and signed by the managing officer of sa,d newspaper and sworn to before a notary public stating that the newspaper
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is a legal newspaper
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\E11' 11OPE-PLY%tOUTH POST
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA 1
COUNTY OF HENIMIN t S5
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i.f-t'Neraulf, Wing duly sworn, on path says he is and during all the times herein stated has been the President of The
Post publishing Co_, publisher and printer of "newspaper known as
NE,"' IIOPE-PLVMOUTH POST
and has full knowhdge of the facts herein stared as Mllotes:
(1) Said newspaper is printed M the English language in newspaper format and in column and~ form equivalent
in printed space to at hast 1111 square inches_ (2) Said newspaper is a weekly and Is distributed at least once each
weals. t J) Said newapaplr' 114450 percent of its nems columns, devoted to news of local interest to the community which
it purports to serve and does not wholly duplicate any other publication and is not made up erifirely of patents, platematter
and advertisarnettts. (a) Said newspepw is circulated in and now the municipality which it purports M serve, has at
hast 510 copies regularly deliver" lo paying subscribers, has on average of of hast 75 percent of Its total circulation
currently paid or no more than three months in arrears and has entry as second-class matter in its local posh
uf!ite. (5) Said newspaper purports to serve ter
(-ITIFS ()F %*FW IIOPE AND PLYMOUTH
In the County of Hennepin aro It has its known office of Issue in the city of New Nope in sold county, established and open
duttng its regular buehtess hours for the gathering of news, sale of advertisenanri and sale of subscriptions and main-
tained by the immae `ne officer of sold newspaper or persons in Its employ and subject to his direction and control during all
su dt regular tours and at which time, mid newspaper is printed. (6) Sold newspaper files a copy of each Issue immediately
with the State Historical Society. (7) Said news"per has compiled with all the foregoing conditions for at least two years
pracedirig the day or dates of publication menti, 11 below. (S) Said newspaper has filed with the Secretary of State of
Asirnasate prig' to January 1, 116 and each larAwy t theraaffer an affidavit in the farm prescribed by the Secretary of
State and signed by the monagine Officer of said newspaper and sworn to beW 0 a n6ary, OWIC stating Mut "to newspaper
is a #"&I newspaper.
He further states on oath that the printed ...(4�.}%, :. /.[O.:..IjS...� ... .. _ . . ........... .
hereto attached as a part hereof was cut from the columns of said Newspaper, and was printed and published therein In
thelEnglillii�sh language, once arash week, for /�psuccessive weeks; that it was first so published on
the ! say of 19 and was thereafter printed and pubt ishea on every ..
to and including the.. day of. . ... .it..... and that the following is a printed copy of the
lower case alphabet from A to Z, both inclusive, and hereby acknowledged as being the size and kind of type used in
the composition and put+lication of said notice, to wit:
abcdefghijklmr,Dpgrstuvwxyz—Slu pt. Sans
Subscribed and sworn to before
me this day ofyA, D., 19�
INQTARIAL SEAL)
Notary Public, .. County, Minnesota
My Commission Expires... 19