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349.151.4(a)(5)

Statute ID: 11604

Statute Function ID: 25550

Gambling Control Board - Powers and Duties - Make rules authorized by chapter 349

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Statute Number:

349.151.4(a)(5)

Enactment Date:

Jun 3, 2005

Effective Date:

Aug 1, 2005

Expiration Date:

Repealed?:

Summary Text:

Gambling Control Board - Powers and Duties - Make rules authorized by chapter 349

Statute ID:

11604

Created:

Jul 24, 2007 by mnjis.legal.analyst@state.mn.us

Updated:

Jul 24, 2007 by mnjis.legal.analyst@state.mn.us

Last Update Action:

Added

Legal Analyst Comment:

Added per MNCIS Config Request 91106

Summary Text:

Gambling Control Board - Powers and Duties - Make rules authorized by chapter 349

Link to MN Statute Text:

https://www.revisor.leg.state.mn.us/stats/349/151.html

Legislative Session:

2005 - Regular

Session Law Text?:

Statute text last updated on:

Jul 24, 2007

(a) The board has the following powers and duties:
(1) to regulate lawful gambling to ensure it is conducted in the public interest;
(2) to issue licenses to organizations, distributors, distributor salespersons, manufacturers, linked bingo game providers, and gambling managers;
(3) to collect and deposit license, permit, and registration fees due under this chapter;
(4) to receive reports required by this chapter and inspect all premises, records, books, and other documents of organizations, distributors, manufacturers, and linked bingo game providers to insure compliance with all applicable laws and rules;
(5) to make rules authorized by this chapter;
(6) to register gambling equipment and issue registration stamps;
(7) to provide by rule for the mandatory posting by organizations conducting lawful gambling of rules of play and the odds and/or house percentage on each form of lawful gambling;
(8) to report annually to the governor and legislature on its activities and on recommended changes in the laws governing gambling;
(9) to report annually to the governor and legislature a financial summary for each licensed organization identifying the gross receipts, prizes paid, allowable expenses, lawful purpose expenditures including charitable contributions and all taxes and fees as per section 349.12, subdivision 25 , paragraph (a), clauses (8) and (18), and the percentage of annual gross profit used for lawful purposes;
(10) to impose civil penalties of not more than $500 per violation on organizations, 
distributors, distributor salespersons, manufacturers, linked bingo game providers, and gambling managers for failure to comply with any provision of this chapter or any rule or order of the board;
(11) to issue premises permits to organizations licensed to conduct lawful gambling;
(12) to delegate to the director the authority to issue or deny license and premises permit applications and renewals under criteria established by the board;
(13) to delegate to the director the authority to approve or deny fund loss requests, contribution of gambling funds to another licensed organization, and property expenditure requests under criteria established by the board;
(14) to suspend or revoke licenses and premises permits of organizations, distributors, 
distributor salespersons, manufacturers, linked bingo game providers, or gambling managers as provided in this chapter;
(15) to approve or deny requests from licensees for:
(i) waivers from fee requirements as provided in section 349.16, subdivision 6; and
(ii) variances from Gambling Control Board rules under section 14.055; and
(16) to register employees of organizations licensed to conduct lawful gambling;
(17) to require fingerprints from persons determined by board rule to be subject to 
fingerprinting;
(18) to delegate to a compliance review group of the board the authority to investigate 
alleged violations, issue consent orders, and initiate contested cases on behalf of the board;
(19) to order organizations, distributors, distributor salespersons, manufacturers, linked bingo game providers, and gambling managers to take corrective actions; and
(20) to take all necessary steps to ensure the integrity of and public confidence in lawful gambling.
(b) The board, or director if authorized to act on behalf of the board, may by citation 
assess any organization, distributor, distributor salesperson, manufacturer, linked bingo game provider, or gambling manager a civil penalty of not more than $500 per violation for a failure to comply with any provision of this chapter or any rule adopted or order issued by the board. Any organization, distributor, distributor salesperson, gambling manager, linked bingo game provider, or manufacturer assessed a civil penalty under this paragraph may request a hearing before the board. Appeals of citations imposing a civil penalty are not subject to the provisions of the Administrative Procedure Act.
(c) All penalties received by the board must be deposited in the general fund.
(d) All fees imposed by the board under sections 349.16 to 349.167 must be deposited in the state treasury and credited to a lawful gambling regulation account in the special revenue fund. Receipts in this account are available for the operations of the board up to the amount authorized in biennial appropriations from the legislature.