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HomeMy WebLinkAboutVIII-04 Approve One-Day Gambling Permit for YMCA of the North City Council Memorandum To: Mayor Fasbender & City Council Members From: Emily King, Deputy City Clerk Date: June 6, 2022 Item: One-Day Temporary Gambling Permit for YMCA of the North, Hastings Branch Council Action Requested: Approve the attached resolution approving the one-day temporary gambling permit for the YMCA of the North, Hastings Branch. Background Information: The YMCA of the North submitted an application for a one-day temporary gambling permit for July 17, 2022 for Duck Races to be held at Vermillion Falls Park, 215 21st East Street. This event is part of the Rivertown Days Celebration. Financial Impact: The $25.00 One-Day Temporary Gambling License fee has been paid. Advisory Commission Discussion: N/A Council Committee Discussion: N/A Attachments: • Resolution VIII-04 CITY OF HASTINGS DAKOTA COUNTY, MINNESOTA RESOLUTION NO. 6 - - 22 RESOLUTION APPROVING THE APPLICATION BY THE YMCA OF THE NORTH FOR A TEMPORARY ONE-DAY GAMBLING PERMIT WHEREAS, the YMCA of the North has presented an application to the City of Hastings for a one-day temporary gambling permit on July 17, 2022 to be held at Vermillion Falls Park, 215 21st East Street, Hastings; and; WHEREAS, the Minnesota Gambling Control Board requires a resolution be passed to approve this request; and WHEREAS, an application for a one day temporary gambling permit has been presented; WHEREAS, the required fee of $25.00 has been paid. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hastings, that the Mayor and City Clerk are authorized and directed to sign this resolution. ADOPTED BY THE CITY COUNCIL OF HASTINGS, MINNESOTA THIS 6TH DAY OF JUNE, 2022. ATTEST: ____________________________ Mary D. Fasbender, Mayor ____________________________ Kelly Murtaugh, City Clerk VIII-04 MINNESOTA LAWFUL GAMBLING LG220 Application for Exempt Permit An exempt permit may be issued to a nonprofit organization that:  conducts lawful gambling on five or fewer days, and  awards less than $50,000 in prizes during a calendar year. If total raffle prize value for the calendar year will be $1,500 or less, contact the Licensing Specialist assigned to your county by calling 651-539-1900. Application Fee (non-refundable) Applications are processed in the order received. If the application is postmarked or received 30 days or more before the event, the application fee is $100; otherwise the fee is $150. Due to the high volume of exempt applications, payment of additional fees prior to 30 days before your event will not expedite service, nor are telephone requests for expedited service accepted. ORGANIZATION INFORMATION Organization Previous Gambling Name: ________________________________________________________ Permit Number: X-__________________________ Minnesota Tax ID Federal Employer ID Number, if any: ______________________________________ Number (FEIN), if any: ________________________________ Mailing Address: __________________________________________________________________________________________ City: ____________________________________ State: _________ Zip: __________ County: ___________________________ Name of Chief Executive Officer (CEO): ________________________________________________________________________ CEO Daytime Phone: _____________________ CEO Email: _____________________________________________________ (permit will be emailed to this email address unless otherwise indicated below) NONPROFIT STATUS Type of Nonprofit Organization (check one): ____ Fraternal ____ Religious ____ Veterans ____ Other Nonprofit Organization Attach a copy of one of the following showing proof of nonprofit status: (DO NOT attach a sales tax exempt status or federal employer ID number, as they are not proof of nonprofit status.) ____ A current calendar year Certificate of Good StandingDon’t have a copy? Obtain this certificate from: MN Secretary of State, Business Services Division 60 Empire Drive, Suite 100 St. Paul, MN 55103 ____ IRS income tax exemption (501(c)) letter in your organization’s name Don’t have a copy? To obtain a copy of your federal income tax exempt letter, have an organization officer contact the IRS toll free at 1-877-829-5500. ____ IRS - Affiliate of national, statewide, or international parent nonprofit organization (charter) If your organization falls under a parent organization, attach copies of both of the following: 1.IRS letter showing your parent organization is a nonprofit 501(c) organization with a group ruling; and 2. the charter or letter from your parent organization recognizing your organization as a subordinate. GAMBLING PREMISES INFORMATION Name of premises where the gambling event will be conducted (for raffles, list the site where the drawing will take place): _________________________________________________________ Physical Address (do not use P.O. box): ________________________________________________________________________ Check one: ___ City: ______________________________________________ Zip: ___________ County: __________________________ ___ Township: __________________________________________ Zip: ___________ County: __________________________ Date(s) of activity (for raffles, indicate the date of the drawing): ____________________________________________________ Check each type of gambling activity that your organization will conduct: ____ Bingo ____ Paddlewheels ____ Pull-Tabs ____ Tipboards ____ Raffle Gambling equipment for bingo paper, bingo boards, raffle boards, paddlewheels, pull-tabs, and tipboards must be obtained from a distributor licensed by the Minnesota Gambling Control Board. EXCEPTION: Bingo hard cards and bingo ball selection devices may be borrowed from another organization authorized to conduct bingo. To find a licensed distributor, go to www.mn.gov/gcb and click on Distributors under the List of Licensees tab, or call 651-539-1900. 4/22 Page 1 of 4 Secretary of State website, phone numbers: www.sos.state.mn.us 651-296-2803, or toll free 1-877-551-6767 Email permit to (if other than the CEO): _______________________________________________________________________ VIII-04 LG220 Application for Exempt Permit LOCAL UNIT OF GOVERNMENT ACKNOWLEDGMENT (required before submitting application to the Minnesota Gambling Control Board) CITY APPROVAL for a gambling premises located within city limits The application is acknowledged with no waiting period. ____ The application is acknowledged with a 30-day waiting period, and allows the Board to issue a permit after 30 days (60 days for a 1st class city). ____ The application is denied. Print City Name: ______________________________________ Signature of City Personnel: ___________________________________________________ Title:____________________________ Date:______________ COUNTY APPROVAL for a gambling premises located in a township The application is acknowledged with no waiting period. The application is acknowledged with a 30-day waiting period, and allows the Board to issue a permit after 30 days. The application is denied. Print County Name: ___________________________________ Signature of County Personnel: ___________________________________________________ Title:____________________________ Date:______________ TOWNSHIP (if required by the county) On behalf of the township, I acknowledge that the organization is applying for exempted gambling activity within the township limits. (A township has no statutory authority to approve or deny an application, per Minn. Statutes, section 349.213.) Print Township Name: _________________________________ Signature of Township Officer:___________________________ Title: ___________________________ Date: ______________ CHIEF EXECUTIVE OFFICER’S SIGNATURE (required) The information provided in this application is complete and accurate to the best of my knowledge. I acknowledge that the financial report will be completed and returned to the Board within 30 days of the event date. Chief Executive Officer's Signature: ____________________________________________________ Date: ___________________ (Signature must be CEO’s signature; designee may not sign) Print Name: _______________________________________________________________________________________________ REQUIREMENTS MAIL APPLICATION AND ATTACHMENTS Complete a separate application for: all gambling conducted on two or more consecutive days; or all gambling conducted on one day. Only one application is required if one or more raffle drawings are conducted on the same day. Financial report to be completed within 30 days after the gambling activity is done: A financial report form will be mailed with your permit. Complete and return the financial report form to the Gambling Control Board. Your organization must keep all exempt records and reports for 3-1/2 years (Minn. Statutes, section 349.166, subd. 2(f)). Mail application with: ____ a copy of your proof of nonprofit status; and ____ application fee (non-refundable). If the application is postmarked or received 30 days or more before the event, the application fee is $100; otherwise the fee is $150. Make check payable to State of Minnesota. To: Minnesota Gambling Control Board 1711 West County Road B, Suite 300 South Roseville, MN 55113 Questions? Call the Licensing Section of the Gambling Control Board at 651-539-1900. The city or county must sign before submitting application to the Gambling Control Board. 4/22 Page 2 of 4 Data privacy notice: The information requested on this form (and any attachments) will be used by the Gambling Control Board (Board) to determine your organization’s qualifications to be involved in lawful gambling activities in Minnesota. Your organization has the right to refuse to supply the information; however, if your organization refuses to supply this information, the Board may not be able to determine your organization’s qualifications and, as a consequence, may refuse to issue a permit. If your organization supplies the information requested, the Board will be able to process the application. Your organization’s name and address will be public information when received by the Board. All other information provided will be private data about your organization until the Board issues the permit. When the Board issues the permit, all information provided will become public. If the Board does not issue a permit, all information provided remains private, with the exception of your organization’s name and address which will remain public. Private data about your organization are available to Board members, Board staff whose work requires access to the information; Minnesota’s Depart- ment of Public Safety; Attorney General; Commissioners of Administration, Minnesota Management & Budget, and Revenue; Legislative Auditor, national and international gambling regulatory agencies; anyone pursuant to court order; other individuals and agencies specifically authorized by state or federal law to have access to the information; individuals and agencies for which law or legal order authorizes a new use or sharing of information after this notice was given; and anyone with your written consent. This form will be made available in alternative format (i.e. large print, braille) upon request. An equal opportunity employer VIII-04 MINNESOTA GAMBLING CONTROL BOARD 4/22 Checklist for Exempt Raffle Page 3 of 4 Organization Name: Previous Gambling Permit #:Date of Raffle Drawing: INSTRUCTIONS: The purpose of this form is to help your organization conduct exempt raffles in compliance with the requirements listedbelow. Detailed information regarding each requirement is available by clicking on the following links [in blue italics]: 1)applicable statutes and rules; 2) the Lawful Gambling Manual chapter on raffles; 3) the online class, “Conduct of Raffles”; and4) the phone number and email address of your county’s Compliance Specialist. After reading each checklist item, mark “Yes” to indicate that you understand the requirement and agree to comply. Afteranswering “Yes” to each applicable item, your organization’s CEO must sign the acknowledgment below. Include thecompleted checklist as part of your application to conduct an exempt raffle. Yes N/A If tickets will be sold prior to the event,mark “Yes” to item #1 and mark “N/A” to items #2 and #3. If tickets are sold only at the event usingtheater tickets, mark “N/A” to item #1 and answer “Yes” to items #2 and #3. Yes Conduct 9. Only cash, personal checks, cashier’s checks, money orders, travelers’ check, and debit cards may be accepted (NO CREDIT CARDS). (349.2127) (7861.0260) 1. Tickets are printed in accordance with MN Rule 7861.0310. 10. The method of selection cannot be manipulated or based on the outcome of an event not under the organization’s control. (349.173)2. Tickets contain the sequential number of the raffle ticket. (349.173)11. Persons are not required to be present at a raffle drawing to be eligible to win. (349.173) (7861.0310)3. A list of prizes and a statement of other relevant information is made available to ticket purchasers. (349.173)12. Raffle tickets are not sold to or won by persons under age 18. (349.181) (7861.0310)Yes Prizes 4. The organization is the sole owner of all the real or personal property to be awarded. (7861.0260) 13. Purchasers are not required to buy anything other than the ticket. (349.173) (7861.0310) 5. A merchandise certificate is used when a prize requiring registration or licensure (guns, cars, ATVs, etc.) is offered. (7861.0260) Yes House Rules 14. Clear and legible house rules in accordance with MN Rule 7861.0310 are prominently posted at the point of winner selection. 6. Prizes must not consist of lawful gambling equipment including raffle tickets for another raffle. (7861.0260) Yes Post Raffle Conduct 15. An exempt permit financial report (LG220A) must be submitted to the Gambling Control Board within 30 days of the gambling occasion. (349.166)7. The total value of lawful gambling prizes awarded (use fair market value for donated prizes) does not exceed $50,000 in a calendar year. (349.166)16. Gambling funds may only be spent for allowable expenses and lawful purposes. (349.12 3a & 25)8. Alcohol is only awarded as a prize to persons who demonstrate that they are 21 years of age or older. (340A.707) 17. Gambling records must be kept for 3½ years. (7861.0310) CHIEF EXECUTIVE OFFICER’S SIGNATURE (required) Noncompliant Activity: I acknowledge by signing below that my organization must follow all raffle rules and that any gambling activity conducted by the organization at the event that is not in compliance with Minnesota Statute and Rule may subject the organization to citation or the inability to receive future permits to conduct gambling. I understand that my permit will not be issued until this form has been completed and submitted to the Minnesota Gambling Control Board. Signature: Date: Print Name: Data privacy notice: The information requested on this form (and any attachments) will be used by the Gambling Control Board (Board) to determine your organization’s qualifications to be involved in lawful gambling activities in Minnesota. Your organization has the right to refuse to supply the information; however, if your organization refuses to supply this information, the Board may not be able to determine your organization’s qualifications and, as a consequence, may refuse to issue a permit. If your organization supplies the information requested, the Board will be able to process the application. Your organization’s name and address will be public information when received by the Board. All other information provided will be private data about your organization until the Board issues the permit. When the Board issues the permit, all information provided will become public. If the Board does not issue a permit, all information provided remains private, with the exception of your organization’s name and address which will remain public. Private data about your organization are available to Board members, Board staff whose work requires access to the information; Minnesota’s Department of Public Safety; Attorney General; Commissioners of Administration, Minnesota Management & Budget, and Revenue; Legislative Auditor, national and international gambling regulatory agencies; anyone pursuant to court order; other individuals and agencies specifically authorized by state or federal law to have access to the information; individuals and agencies for which law or legal order authorizes a new use or sharing of information after this notice was given; and anyone with your written consent. This form will be made available in alternative format (i.e., large print, braille) upon request. An equal opportunity employer X- VIII-04 Minnesota Minnesota Gambling Control Board 2022 How You May Spend Gambling Funds How You May Not Spend Gambling Funds Allowable expenses - Gambling funds may be spent for allowable expenses, such as: •gambling equipment (pull-tabs, bingo paper,bingo blower, paddlewheel tickets, tipboardgames); •advertising; •printing raffle tickets; or •any services or goods that are directly relatedto the conduct of your gambling. Charitable contributions - Gambling funds may be spent for the following charitable contributions (lawful purpose): •to or by 501(c)(3) organization and 501(c)(4)festival organizations; •relieving the effects of poverty, homelessness,or disability; •problem gambling programs approved by theMinnesota Department of Human Services; •public or private nonprofit school; •scholarships (if a contribution is made to ascholarship fund, it must be made to anonprofit organization whose primary missionis to award scholarships); •church; •recognition of military service (open to public)or active military personnel in need; •activities and facilities benefiting youth underage 21; •citizen monitoring of surface water quality,with data submitted to Minnesota PCA; •unit of government (NOTE: A directcontribution to a law enforcement orprosecutorial agency is not allowed); •wildlife management projects or activities thatbenefit the public-at-large, with DNR approval; •grooming and maintaining snowmobile orall-terrain trails that are grant-in-aid trails, orother trails open to public use, with DNRapproval; •supplies and materials for DNR trainingand educational programs; •nutritional programs, food shelves, andcongregate dining programs primarily forpersons who are 62 or older or disabled; •community arts organizations or programs; •humanitarian service recognizing volunteerismor philanthropy; and •acquisition and repair of real property andcapital assets (contact the Gambling ControlBoard for requirements). 1.Controlled contribution - An organization may not retain any control over any contribution made from gambling funds. The only exception is for expenditures by a 501(c)(3) organization or a 501(c)(4)festival organization to its generalfund. 2.Financial gain - A contribution orexpenditure may not be made if it results inany monetary, economic, financial, ormaterial benefit to the organization makingthe contribution or expenditure. 3.Government - An expenditure may notbe made for: •influencing the nomination or electionof a candidate for public office; •promoting or defeating a ballot question;or •any activity intended to influence anelection or a governmental decision-making process. 4.Law enforcement - A direct contributionmay not be made to a law enforcement orprosecutorial agency. 5.Pension - A contribution may not be madeto a government pension or retirementfund, such as a fire relief association. 6.Conflict of interest - A contribution orexpenditure may not be made if it is notallowed under the conflict of interestprovisions of the Minnesota NonprofitCorpo-ration Act, Minnesota Statutes,Section 317A.255. 7.Alcohol - An expenditure may not be madefor the purchase of any intoxicating liquor,wine, or malt beverages. 8.Fundraising - An expenditure may not bemade for fundraising costs, except asallowed for a 501(c)(3) organization or501(c)(4) festival organization from itsgeneral fund. 9.Other organizations - With few excep-tions, gambling funds may not be contrib-uted to other organizations or clubs such asveterans, fraternal, Lions, etc. unless it is a501(c)(3) organization. 10.Other contributions - A contribution maynot be made to a 501(c)(3) organization oranother entity with the intent or effect ofnot complying with lawful purposerestrictions or requirements. 4/22 Page 4 of 4VIII-04