CHAPTER 112:  AMUSEMENTS

                                              Bingo

112.01  Adoption of state law
112.02  License required
112.03  License application and bond
112.04  License fees and term
112.05  License revocation

                                           Gambling

112.15  Interpretation of provisions
112.16  Adoption of state law
112.17  License required
112.18  Persons eligible for license
112.19  License application and bond
112.20  License fees and limitations
112.21  License revocation

                                  Amusement Establishments

112.30  Applicability of provisions
112.31  Definitions
112.32  License required
112.33  License application and fees
112.34  License revocation
112.35  Conditions of operation
 

                                              BINGO

§ 112.01  ADOPTION OF STATE LAW.

The provisions of M.S. §§ 349.11 through 349.23, as they may be amended from time to time, relating to the game of bingo are adopted and made a part of this chapter as if set out in full.  In addition, the regulations of this chapter apply to the conduct of bingo within the city.
('82 Code, § 504.01)

§ 112.02  LICENSE REQUIRED.

The unlicensed conduct of bingo within the city is prohibited.  Any organization authorized by law to conduct bingo games may do so only after applying for and receiving a license from the Council.
('82 Code, § 504.02)  Penalty, see § 10.99

§ 112.03  LICENSE APPLICATION AND BOND.

(A)  Generally.

          (1)  The application shall state where the games will be played and the dates and hours for which permission to play the games is requested.  The application shall be verified by a duly authorized officer of the organization and by the designated bingo manager.  No application shall be accepted by the city unless accompanied by the full annual license fee. 

          (2)  Application shall be made to the City Administrator on the form provided therefor by the city.
('82 Code, § 504.03)

(B)  Bond.  No bingo license shall be issued until the bingo manager furnishes a fidelity bond in the sum of $10,000 in favor of the organization.  The bond shall be conditioned on the faithful performance by the manager of his or her duties.  The bond shall not be cancelable except upon 30 days written notice to the city.  The Council may, by unanimous vote, agree to waive the fidelity bond requirement. If the waiver is granted, the license must be endorsed to indicate such action.
('82 Code, § 504.05)

§ 112.04  LICENSE FEES AND TERM.

Licenses shall be issued for each calendar year or part thereof upon payment of a license fee in the amount of $50.
('82 Code, § 504.04)

§ 112.05  LICENSE REVOCATION.

No licensee shall have a vested right in any bingo license and such licenses may be suspended or revoked by the Council at any time upon showing that any misrepresentation has been made in the license application or any report required of the licensee, or the licensee has violated or caused to be violated any provisions of this subchapter or the state bingo law.
('82 Code, § 504.06)
 

                                              GAMBLING

§ 112.15  INTERPRETATION OF PROVISIONS.

Nothing is this subchapter shall be construed to mean that the Council must permit gambling within the city.
('82 Code, § 505.08)
Cross-reference:
Public nuisances affecting morals and decency; gambling, betting, bookmaking, and the like, see § 92.03

§ 112.16  ADOPTION OF STATE LAW.

The provisions of M.S. § 349.26, as it may be amended from time to time, relating to the licensing of certain kinds of gambling are adopted and made a part of this subchapter as if set out in full.  In addition, the regulations imposed by this subchapter apply to the conduct of gambling so licensed.
('82 Code, § 505.01)

§ 112.17  LICENSE REQUIRED.

No person  shall directly or indirectly operate a gambling device or conduct a raffle or other game of chance without a license to do so as provided in this subchapter.
('82 Code, § 505.02)  Penalty, see § 10.99
Cross-reference:
Public nuisances affecting morals and decency; gambling, betting, bookmaking, and the like, see § 92.03

§ 112.18  PERSONS ELIGIBLE FOR LICENSE.

A license shall be issued only to a fraternal, religious, or veterans' organization and to any corporation, trust, or association organized for exclusively scientific, literary, charitable, educational, or artistic purposes, and any club which is organized and operated exclusively for pleasure or recreation. The organization, corporation, trust, or association shall have been in existence for at least three years and shall have at least 30 active members.
('82 Code, § 505.03)

§ 112.19  LICENSE APPLICATION AND BOND.

(A)  Generally.  The application for a license shall state where the gambling device will be used or the lottery conducted and the dates and hours for which the activity to be licensed will be conducted. The application shall be verified by a duly authorized officer of the organization and by the designated gambling manager.  No application shall be accepted unless accompanied by the full license fee.
('82 Code, § 505.04)

(B)  Bond.  No license shall be used under this part until the gambling manager furnishes a fidelity bond in the sum of $10,000 in favor of the organization.  The bond shall be conditioned on the faithful performance by the manager of his or her duties.  The bond shall not be cancelable except upon 30 days written notice to the city.  The Council may, by unanimous vote, agree to waive the fidelity bond requirement.  If the waiver is granted, the license shall be endorsed to indicate such action.
('82 Code, § 505.06)

§ 112.20  LICENSE FEES AND LIMITATIONS.

The license fees for the operation of any gambling device or conduct of any raffle shall be determined by the Council and thereafter adopted as a part of the code.  Each license shall be limited to the activity or occasion specified in the application and no organization shall be issued more than two such licenses in any calendar year.
('82 Code, § 505.05)

§ 112.21  LICENSE REVOCATION.

No licensee shall have a vested right in any license under this subchapter and the license may be suspended or revoked by the Council at any time upon showing that any misrepresentation has been made in the license application or in any report required of the licensee or the licensee has violated or caused to be violated any provisions of this subchapter or the applicable state law.
('82 Code, § 505.07)

                           AMUSEMENT ESTABLISHMENTS

§ 112.30  APPLICABILITY OF PROVISIONS.

This subchapter does not apply to land known as the East Polk County Fair Grounds.
(Ord. 508, passed 11‑12‑96)

§ 112.31  DEFINITIONS.

For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

AMUSEMENT DEVICE.  Any game of skill or chance requiring the payment of money to play or operate.

AMUSEMENT ESTABLISHMENT.  Any building, area, or place whose principle purpose is providing entertainment derived from the operation of amusement devices; or any building, area, or place where more than five amusement devices are located.

AMUSEMENT ESTABLISHMENT LICENSE.  A license to operate an amusement establishment issued by the city that is valid for one year and is subject to revocation for violating provisions of this subchapter.
(Ord. 508, passed 11‑12‑96)

§ 112.32  LICENSE REQUIRED.

No person shall establish, maintain, or operate an amusement establishment without a valid license issued by the city.
(Ord. 508, passed 11‑12‑96)  Penalty, see § 10.99

§ 112.33  LICENSE APPLICATION AND FEES.

Owners of and amusement establishment must complete an application issued by the city and submit a fee of $50 per year.
(Ord. 508, passed 11‑12‑96)

§ 112.34  LICENSE REVOCATION.

Council may suspend or revoke any license provided for herein for violation of any provision or condition of this subchapter or any state law.  Revocation or suspension by the Council shall be preceded by a written notice to the licensee of a public hearing at which the licensee has been allowed to be present and to make presentation.  The notice shall give at least eight days notice of time and place of the hearing and shall state the nature of the charges against the licensee.  Council may, without advance notice, suspend any license pending a hearing on revocation for a period not to exceed 30 days.
(Ord. 508, passed 11‑12‑96)

§ 112.35  CONDITIONS OF OPERATION.

Amusement establishments are subject to the following conditions:

(A)  Nuisances prohibited.  No amusement establishment shall be conducted in a manner which constitutes or creates a public nuisance.  For purposes of this subchapter, a public nuisance shall include the following:

          (1)  Maintaining or permitting any condition which unreasonably annoys, injures, or endangers the safety, health, morals, comfort, or repose of any significant number of members of the public.

          (2)  Maintaining or permitting any condition which unreasonably hinders, interferes with, or otherwise adversely affects the business of any other commercial establishment within the city.

          (3)  Maintaining or permitting any condition which threatens or impairs the health, safety, or morals of juveniles or is otherwise conducive to unlawful or delinquent behavior by juveniles or to conduct which unreasonably annoys or is offensive to a significant number of members of the public, including, but not limited to, remaining in or about the premises or adjacent properties without a purpose related to the patronage of the amusement establishment.

(B)  Hours of operation.  Hours of operation shall be 8:00 a.m. to 11:00 p.m. Monday, Tuesday, Wednesday, and Thursday; 8:00 a.m. to midnight Friday and Saturday; and 1:00 p.m. to 11:00 p.m. Sunday.

(C)  Entrances and exits.  Each amusement establishment shall have one main entrance.  All rear and side exits will serve as emergency exits only.

(D)  Compliance with other laws.  The operator of an amusement establishment shall comply with all other applicable provisions of state and local laws and shall take such action as may be reasonably necessary to ensure compliance by patrons of the establishment.

(E)  Maintenance of order and maintenance of premises.  The operator of an amusement establishment shall at all times maintain order on the licensed premises and the adjacent common areas, such as sidewalks, parking lots, and hallways.  It shall further be the responsibility of the licensee to maintain the licensed premises and adjacent common areas, such as sidewalks, parking lots, and hallways, free from litter.
(Ord. 508, passed 11‑12‑96)  Penalty, see § 10.99