Chapter 6 AMUSEMENTS AND ENTERTAINMENTS* *Cross references: Businesses, Ch. 12. State law references: Authority to regulate license or prohibit amusements, circuses, etc., Minnesota Statutes 412.221, subd. 25. Article I. In General Sec. 6-1. Entertainments. Sec. 6-2. Bowling alleys and pool halls. Sec. 6-3. Public dances. Secs. 6-4--6-35. Reserved. Article II. Game Machines Division 1. Generally Sec. 6-36. Definitions. Sec. 6-37. Conduct of recreational facility. Secs. 6-38--6-60. Reserved. Division 2. License Sec. 6-61. Required. Sec. 6-62. Fee. Secs. 6-63--6-95. Reserved. Article III. Bingo Division 1. Generally Sec. 6-96. General regulations. Secs. 6-97--6-115. Reserved. Division 2. License Sec. 6-116. Authorization to issue. Sec. 6-117. Required. Sec. 6-118. Application. Sec. 6-119. License fee. Sec. 6-120. Suspension or revocation. Sec. 6-121. License fees. Sec. 6-122. Not transferable. Sec. 6-123. Revocation. Sec. 6-124. Appeal. Secs. 6-125--6-155. Reserved. Article IV. Gambling Sec. 6-156. Adoption of state statute; local control. Sec. 6-157. Notice; approval and disapproval. Sec. 6-158. Allowed organizations. Sec. 6-159. Authorized forms of gambling. Sec. 6-160. Authorized locations of gambling. Sec. 6-161. Conditions of gambling. Sec. 6-162. Filing of records; inspection; access to records. Sec. 6-163. Lawful gambling at on-sale establishments. 25
Sec. 6-164. Use of profits from lawful gambling. Sec. 6-165. Penalty. 26
ARTICLE I. IN GENERAL Sec. 6-1. Entertainments. (a) License required. No person shall give or exhibit any show or public entertainment, circus, carnival, game or concert, or operate any merry-go-round or similar apparatus, or conduct any show, whether admission is to be charged or not, without first securing a license. Provided, no license shall be necessary for any entertainment given by amateurs, or in which the performers do not receive any pay, or which is given solely for the benefit of any school, church or benevolent institution or for any charitable purpose. The council may waive license requirements for any activity or entertainment sponsored by a local nonprofit organization or association. (b) Application. Application for such licenses shall be made to the city clerk-administrator and shall state the nature of the entertainment, and its time and place. Such license shall be issued by the city clerk-administrator if, in his opinion, the public morals and welfare will not suffer from such issuance. (c) Fee. Licenses for entertainment, including motion pictures and video tapes, shall not be issued until a fee as set forth in appendix A has been paid to the city clerk-administrator. Sec. 6-2. Bowling alleys and pool halls. (a) License required. No person shall operate or maintain billiard or pool tables or bowling alleys without first having obtained a license to do so. (b) Application. Applications for licenses shall be made to the city clerk-administrator, and shall contain the names, residences and occupations of the principal owners and the persons to be in charge, such information covering a period of five years prior to the application; whether any of the above persons has ever been convicted of a felony; and such other information as to character and reputation as may be required. The city clerk-administrator shall issue the license if, in his opinion, the public health and morals will not suffer from such issuance. (c) Fees. The fees for bowling alleys and pool halls shall be as set forth in appendix A. (d) Practices prohibited. It is unlawful for any licensee or employee of such licensee in any pool hall or any appurtenant or connected place to: Sec. 6-3. Public dances. (1) Permit any form of gambling. (2) Permit any person to become disorderly. (3) Sell or possess, or knowingly allow any person in the hall to sell or possess intoxicants or narcotics. (a) Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning: Public dance means any place in which dancing may be or is carried on, other than a private residence; and the term shall be taken to apply to every dance held in a public dancing place, whether an admission fee is charged or not. (b) License required. No person shall conduct a public dance in this city unless a license has been procured from the city clerkadministrator. (c) Fee. The license fee shall be as set forth in appendix A. Provided that any lodge or society not organized or maintained for profit may conduct public dances upon the payment of a fee as set forth in appendix A. (d) Application. Any person desiring a permit to hold a public dance in the city shall make application on blanks furnished by the city clerk-administrator. The application shall set forth the name and address of the person who is to conduct the dance; the time and place where such dance is to be held; and the area of the dance floor. The application shall also show affirmatively that the applicant is a person of good moral character and reputation in the community in which he lives and that the applicants has not been convicted of a felony or gross misdemeanor. The city clerk-administrator shall issue the license if, in his opinion, the public health or safety will not suffer from such issuance. If the license is issued, it shall be posted in a public place in the dance hall described in the license during the time the dance is being given, and the person named in the license shall be responsible under the law for the manner in which such dance is to be held and conducted. Secs. 6-4--6-35. Reserved. 27
ARTICLE II. GAME MACHINES DIVISION 1. GENERALLY Sec. 6-36. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Game machine means any machine or device intended to provide entertainment for individuals upon the payment of money. Game machines include, without limitation, pool tables, pinball machines, electronic display game machines, foosball games and similar devices. Cross references: Definitions generally, 1-2. Sec. 6-37. Conduct of recreational facility. Any premises upon which game machines or other private recreational facilities are operated shall be supervised at all times by an adult who shall have the responsibility of maintaining discipline and order on the premises. Upon the finding by any court or the city council that persons on the premises have engaged in disorderly conduct or that the facility constitutes a public nuisance, the city council may revoke any license granted under this article. Secs. 6-38--6-60. Reserved. DIVISION 2. LICENSE Sec. 6-61. Required. No person may own, manage, operate or lease any premises upon which any game machine is made available for public operation or any private recreational facility charging a fee for recreation, without first securing a license. Sec. 6-62. Fee. A game room license shall not be issued until a fee as set forth in appendix A is paid for each game machine or recreational activity conducted on the premises. The license and the license fee shall be renewable once each year. Secs. 6-63--6-95. Reserved. 28
ARTICLE III. BINGO* *State law references: Bingo hall licenses, Minnesota Statutes 349.164. DIVISION 1. GENERALLY Sec. 6-96. General regulations. (a) Minimum age. No person working a bingo game shall be less than 18 years of age. (b) Alcohol. No alcoholic beverages shall be served or consumed in the same room as bingo is being played. Secs. 6-97--6-115. Reserved. DIVISION 2. LICENSE Sec. 6-116. Authorization to issue. The city is authorized to issue bingo operator's licenses to organizations otherwise exempt from the licensing provisions of Minnesota Statutes ch. 349. Licenses may be issued to organizations as defined by state law. Sec. 6-117. Required. No organization may operate a bingo game within the city without first having been issued a license by the state charitable gambling control board. Sec. 6-118. Application. Application for a city bingo license shall be made on forms provided by the city. A license shall be valid for a period of one year. Sec. 6-119. License fee. The annual license fee for a city bingo operator's license shall be as set forth in appendix A. A special one-day license may be issued as set forth in appendix A. This special one-day's license fee may be waived by city council action for church or other charitable organizations. The city may impose an investigation fee as set forth in appendix A for organizations applying for or renewing a state license. Sec. 6-120. Suspension or revocation. A bingo operator's license issued by the city may be suspended for a period not exceeding 30 days for violation of this article or for violation of state statutes. A bingo operator's license may be revoked for violation of this article or for violation of state statutes; the revocation shall be after reasonable notice and public hearing before the city council. Sec. 6-121. License fees. All license fees pursuant to section 6-119 shall be reviewed annually and may be adjusted by city council resolution, which shall be kept on file for public inspection in the city clerk-administrator's office. Sec. 6-122. Not transferable. No license issued by the city under this division may be transferred from one person to another without permission of the city council. When the city council permits the transfer of a license, it may waive any residence requirement, but only for the unexpired term of the license. Sec. 6-123. Revocation. Any license may be revoked by the city council for a violation of the section under which it is issued, or for the violation of any state or federal law in conjunction with the operation of the business for which the license is issued. Sec. 6-124. Appeal. Any person whose application for a city bingo operator's license has been denied or not acted upon within 30 days after the application may apply directly to the city council for a license. The application to the city council shall contain the same information that the city council may require or that the applicant may feel is pertinent. The city council may grant the license after a hearing if the requirements of this article are substantially complied with and, in the opinion of the city council, granting of the license would be in the best interests of the public. 29
Secs. 6-125--6-155. Reserved. 30
ARTICLE IV. GAMBLING* *State law references: Authority to regulate lawful gambling, Minnesota Statutes 349.213. Sec. 6-156. Adoption of state statute; local control. Minnesota Statutes ch. 349, dealing with state regulation of lawful gambling, is adopted by reference the same as if it were fully set forth in this article. Lawful gambling conducted within the city and pursuant to Minnesota Statutes Ch. 349 shall be operated in accordance with the conditions prescribed in this article and other applicable provisions of this article. Terms not otherwise defined shall have the meanings given them in Minnesota Statutes 349.12. Sec. 6-157. Notice; approval and disapproval. Pursuant to Minnesota Statutes 349.213, the city council is required to receive written notice from the state charitable gambling control board or the applicant of each pending application for a lawful gambling premises permit before issuing or denying the premises permit of the applicant. After receipt of such written notice, each pending application for a premises permit shall be approved or disapproved by resolution of the city council. Sec. 6-158. Allowed organizations. Lawful gambling may only be conducted in the city by fraternal, religious, veterans or other nonprofit organizations, which are located within the Wyoming Trade Area, defined as the City and each city or township contiguous to the City, and which have obtained a license to conduct such lawful gambling from the state charitable gambling control board or are exempt from such license requirement and provide written evidence of said exemption. While eligibility for gambling licenses shall not be restricted to local organizations, preference shall be given to local organizations which: (ORDINANCE NO. 03-21-06F) (1) Have properly submitted an application for a gambling license and are willing to abide by the terms of the City s Lawful Gambling Ordinance; (2) Have not violated any statute, state rule or city ordinance relating to gambling within the last three years; (3) Have been in existence in the City for at least three consecutive years prior to the date of application; (4) Have at least 15 active members on the date the application was submitted; (5) Only allow lawful gambling to take place at a premise the organization owns or rents; (6) Have filed with the city clerk-administrator or other designated city employee copies of all records and reports required to be filed with the state charitable gambling control board pursuant to Minn. Stat. 349 and the rules and regulations provided under that section; (7) Have paid any and all permit or application fees required by the City; (8) The operation of gambling at the site by such organization will not be detrimental to the health, safety and welfare of the community; and (9) For any other reasons which are reasonably related to a legitimate government purpose of the City. Sec. 6-159. Authorized forms of gambling. Only those forms of lawful gambling allowed by state statute and approved by the city council subject to the terms and conditions of this article shall be allowed in the city. Sec. 6-160. Authorized locations of gambling. Lawful gambling under a license issued by the state charitable gambling control board after approval by city council resolution may be conducted only at the following locations: Sec. 6-161. Conditions of gambling. (1) General limitation. An organization may only conduct lawful gambling on premises owned or leased by the organization. All leases shall be on a form prescribed by the board and shall otherwise be in accordance with Minnesota Statutes 349.18. (2) Raffles. Notwithstanding subsection (1) of this section, class D (raffle only) licenses may be approved for any proper location. (3) City codes compliance. No location shall be approved for gambling unless it complies with the applicable zoning, building, fire, and health codes of the city. 31
The conduct of lawful gambling under a license issued by the state charitable gambling control board shall be subject to the following conditions of the city: (1) Alcoholic beverages prohibited; exception. No sale, consumption or possession of liquor, wine or 3.2 beer shall be permitted during gambling conducted by a licensed organization, except as permitted under a valid on-sale liquor, wine or 3.2 beer license, or a bottle club permit. No sale of liquor, wine or 3.2 beer shall be permitted in the room where a bingo session is taking place. (2) Organization eligibility. In order to conduct lawful gambling in the city, an organization must meet all of the requirements of Minnesota Statutes 349.15 and must provide the city with a copy of the organization's license issued pursuant to that section. In addition, the organization must have at least ten active members who are residents of the trade area. (3) Bingo occasions. No more than 52 bingo occasions each year and one bingo occasion each week shall be conducted by any organization. No person who leases premises to two or more organizations for purposes including the conduct of bingo shall allow more than one bingo occasion to be conducted on the premises in any week. (4) Limitation on licenses. No organization shall hold more than two premises permits for locations in the city. As to organizations who have permits to conduct gambling in more than two establishments in the city, this limitation shall apply upon the expiration of such permits that are in excess of two. (5) Gambling manager. Except where, pursuant to Minnesota Statutes 349.167, subd. 4, dealing with those situations of an emergency nature where the board would allow otherwise, before any person may serve as gambling manager for any organization licensed to conduct gambling in the city, that person must have satisfactorily completed a course of instruction conducted by the board on the duties and responsibilities of the gambling manager. Sec. 6-162. Filing of records; inspection; access to records. (a) Filing. All organizations licensed to conduct gambling in the city shall file with the city clerk-administrator or other designated city employee copies of all records and reports required to be filed with the state charitable gambling control board pursuant to Minnesota Statutes Ch. 349 and the rules and regulations promulgated under that section. The records and reports shall be due to the city at the same time they are due to the board. (b) Inspection. Every gambling event in the city conducted by an organization under Minnesota Statutes ch. 349 shall at all times be open to inspection by officers of the police department without notice or search warrant. (c) Access. The city clerk-administrator may inspect, at any reasonable time upon reasonable notice and without search warrant, all records of a licensed organization conducting gambling within the city, including the organization's gambling account and other bank records, required by the board to be maintained and preserved. Sec. 6-163. Lawful gambling at on-sale establishments. In addition to the other requirements of this article, lawful gambling at on-sale liquor, wine and 3.2 beer establishments shall be conducted in compliance with the following regulations: (1) Type of gambling. Only lawful gambling allowed under state statute gambling licenses may be conducted at such establishments except where the licensed gambling organization also holds the on-sale liquor, wine or 3.2 beer licenses for the premises, in which case lawful gambling allowed under any class of gambling license may be conducted at such establishment. (2) One organization. On-sale establishments shall be limited to one licensed gambling organization at any one time in the licensed premises and any rooms adjoining the premises under the same management. No lease shall be made with one organization while another lease is in effect for the same on-sale establishment. (3) Written lease. Every agreement between an organization and an on-sale establishment for gambling shall be in the form of a written lease. The written lease shall be the complete agreement between the parties, and there shall be no unwritten terms or conditions. The lease shall specifically provide that the lessee shall operate only after issuance of a license and premises permit and shall be subject to the terms of this article. (4) Copy on file. A copy of any lease agreement between an organization and an on-sale establishment shall be filed with the city clerk-administrator at the same time as the gambling premises permit application. (5) Lease limitations. A lease agreement between an organization shall in all respects be in accordance with state guidelines and requirements regarding such leases. (6) Maintenance. The gambling booth or other segregated area shall be constructed and maintained by the organization licensed to conduct gambling, and shall be under the exclusive control of that organization. The organization licensed to conduct gambling shall prominently display its name at its gambling booth and shall indicate that all profits from gambling are for the use by the organization for designated lawful purposes. (7) Exclusive control. The organization licensed to conduct gambling shall have exclusive control over all gambling devices, money and records. (8) Commingling of funds prohibited. No charitable gambling funds shall be commingled with funds of the on-sale establishment. 32
(9) No promotions. No food, drink, or entertainment discounts or other promotions shall be offered in conjunction with the sale of gambling devices or chances. (10) Hours of operation. The on-sale establishment shall allow the organization to conduct gambling at any time during its lawful business hours, and shall prohibit gambling at any time other than its lawful business hours. (11) Requiring certain equipment prohibited. The on-sale establishment shall make no agreements with any gambling equipment distributor requiring the use of his gambling equipment in the establishment. (12) Exception. Subsections (6) through (8) of this section shall not apply when the licensed gambling organization is also the holder of the on-sale license for the establishment where the gambling is conducted. (13) Previous violations. The city council may disapprove a premises permit application for an organization or at an onsale establishment in which gambling violations have previously occurred. Sec. 6-164. Use of profits from lawful gambling. Not less than 75 percent (75%) of the net profits (the Wyoming Amount ) derived from lawful gambling conducted within the City by an organization shall be spent or disbursed in the Wyoming Trade Area, defined as the geographic area of the City and each city or township contiguous to the City. The Wyoming Amount shall be based upon gross receipts generated within the City less prizes actually paid out of such receipts by the organization and amounts expended for allowable expenses attributable to such gross receipts. The terms net profits, gross receipts and allowable expenses shall have the meanings given them and shall be subject to all of the limitations provided in state statute and the state charitable gambling control board s rules promulgated under state statute. In addition to and at the time the organization submits its reports to the City required by section 6-162, it shall also submit the following information upon such form as may be required by the city clerk-administrator: (ORDINANCE NO. 03-21-06F) Sec. 6-165. Penalty. (1) Total gross receipts. The total amount of gross receipts generated within the City (the City Receipts) from lawful gambling activities within the reporting period. (2) Total prizes. The total amount of prizes actually paid out attributable to such City receipts by the organization during the reporting period. (3) Total expenses. The total amount of money expended for allowable expenses attributable to such City Receipts. (4) Net profits. The amount of net profits derived from lawful gambling during the reporting period attributable to such City Receipts. (5) Lawful purposes. The identification of the amount and lawful purposes for which expenditures in the Wyoming Trade Area were made. (6) Signature. The signature and title of the person filing the report on behalf of the organization. (7) Time period. The time period covered by the report. Any person violating any of the provisions of this article shall be guilty of a misdemeanor. Additionally, a violation of this article may result in a recommendation by the city to disapprove or not renew a license or premises permit. Finally, in addition to any other penalty available under this article, the city may revoke a premises permit for any violation of this article which is not corrected within 30 days of notice of such violation from the city. 33