The Freedom to Breathe Act of 2007 (Minnesota Session Laws, Regular Session, Chapter 82) included a provision for the Gambling Control Board, in cooperation with the Commissioner of Revenue, to study the impact of a statewide smoking ban on lawful (charitable) gambling and to. Bingo was the first form of charitable gambling officially sanctioned by the state of Minnesota (in 1945). Its essence is the same as the familiar bingo game as played in the US. In recent years, legislation has allowed for bingo to be played in bars, with hand-held electronic devices, and even linked across many different locations.

What's New Specific What's New information, by month

A GuIde To MInnesoTa’s CharITIes laws 3 I. InTroduCTIon Charitable organizations, professional fundraisers, and charitable trusts are subject to regulation under the Charitable Solicitation Act, Minn. §§ 309.50.61 (2017), and the Supervision of Charitable Trusts and Trustees Act, Minn. §§ 501B.33.45 (2017).

For Exempt/Excluded activity information, click here

December 14, 2020

Charitable, or “lawful” gambling is that subset of gambling that is officially sanctioned and regulated by the state of Minnesota. Qualifying non-profit organizations are allowed to conduct one or more of the five “lawful” forms of gambling: pull-tabs, raffles, bingo, tipboards, and paddlewheels. In Minnesota, including scratch-offs and multi-state games such as Powerball. 2645 Long Lake Rd. Roseville, MN 55113 651- 635-8273 mnlottery.com l Charitable gambling: The five forms of lawful gambling, when conducted by a licensed charitable organization or a 501(C)(3) non-profit under the supervision of the Gambling Control Board, are.

Don’t Jeopardize Your Organization’s Gambling License

There have been reports that some Minnesota bars and restaurants intend to open for on-site eating and drinking prior to Friday, December 18 in violation of Executive Order 20-99. If so, your organization may feel pressure to also restart the conduct of gambling at these locations. Please remember that your organization is responsible for securing all games, including those played and unplayed.

The conduct of gambling at a location in violation of Executive Order 20-99 could result in the suspension or revocation of your organization’s lawful gambling license. If your organization has multiple premises permits, your ability to conduct gambling, even at sites that did not violate the Executive Order, could be affected.

December 10, 2020

Minnesota Charitable Gambling License

To Attend Remote Board Meeting via WebEx: Prior to the 10:00 a.m. meeting start time, call 855-282-6330. At the prompt, enter meeting ID 146 757 1289, followed by the # key. You may be asked for extra information, but you may hit the # key again and you will be taken to the meeting.

To Participate in Public Comment: If you wish to provide public comment at the next meeting please submit, by 4:30 p.m. the prior Friday, your name, who you represent, and your comment to steve.pedersen@state.mn.us.

November 30, 2020

The October/November/December 2020 Gaming News is now available.

Pull-tab Sales at Liquor Stores

Many gambling managers have the impression that because off-sale liquor stores may continue to sell pull-tabs at this time, and, per executive order, on-sale bars can now also sell off-sale beer and wine, that all bars may therefore sell pull-tabs. However, that conclusion is incorrect.

Only bar and restaurant locations with an off-sale liquor license may conduct pull-tabs at this time – provided that the pull-tabs are conducted in a portion of a building with a separate entrance where on-site eating and drinking was not previously allowed. Although executive order temporarily allows bars with on-sale licenses to conduct some limited off-sale, very few locations have an actual off-sale license. Again, bars without an off-sale license and a separate entrance into an exclusively off-sale portion of the building are not allowed to sell pull-tabs.

Guidance for Reporting “Paused” Games

On Friday, November 20 organizations were allowed the option of “pausing” their pull-tab games in play rather than closing them. Pausing a game means that the organization may put that same game back into play once their premises reopens for on-site eating and drinking. The proceeds from paused games must be deposited into the gambling account within 4 business days after the game was paused. However, the game is not reported as closed on monthly reports until the game has been placed into play again and then removed from play.

Pausing games creates some unique reporting issues at month-end. The instructions below are meant to help your organization report paused games correctly so that your Profit Carryover Reconciliation, form LG100F, will balance.

There are three important numbers for an organization to remember when pausing their games; the amount of their cash bank for the games being paused, their deposit total, and the difference between those two numbers (which should be an indication of what the net receipts were for the games at the time they were paused).

Organizations should take the following steps:

• Deposit all the cash from each site (“Deposit Total” in the examples below) into their gambling bank account.
• On the LG100A, Lawful Gambling Receipts and Expenses per Site, reduce the starting cash bank amount for the games that are paused at the site to $0.
• Report the difference amount from the starting cash bank and deposit total amounts on the LG100F line 14 (the difference amount can be positive or negative depending on the circumstance).
• When re-opening a site, withdraw the same “Deposit Total” that they initially deposited and report the same cash bank amount that they had at the time the games were paused.

Click here for examples of how the reporting would work out depending on the starting cash banks as compared to the net receipts for each game. If you have questions, please contact your Compliance Auditor for assistance.

Continuing Education Opportunities

A new continuing education class on lawful purpose expenditures is now available by clicking on the following link: CE – Lawful Purpose Expenditures. It’s a video-based course presented by Nichole Engeswick, a Compliance Auditor working out of our Mankato office. Participants will watch four videos with a total combined running time of about 40 minutes and answer a few questions at the end of each video.

Information on these and other continuing education classes is also available under the “Education” tab by selecting the “Continuing Education” menu option.

Table of Contents

The following is a table of contents for the Guide to Minnesota's Charities Laws. You may click on the headers for more information on that topic.

I. Introduction

II. Laws that Govern Charitable Organizations

• Charitable Organizations are Required to Register
• Key Definitions—Charitable Organization, Contribution, and Solicit
• Certain Charitable Organizations are Exempt from Registration
• Determining Total Contributions
• Initial Registration Requirements for Charitable Organizations
• Annual Reporting Requirements for Charitable Organizations
• Disclosure Requirements for Charitable Organizations
• Other Requirements of the Charitable Solicitation Act

III. Laws that Govern Professional Fundraisers

• Definition of Professional Fundraiser
• Registration and Annual Reporting by Professional Fundraisers
• Disclosure Requirements for Soliciting Professional Fundraisers
• Other Minnesota Laws That May Apply to Professional Fundraisers

IV. Laws that Govern Charitable Trusts

• Definition of a Charitable Trust
• Registration of Charitable Trusts and Exemptions From Registering
• Charitable Trust Annual Filing Requirements
• Breach of Trust
• Soliciting Charity v. Charitable Trust

Minnesota Charitable Gambling Rules

V. Minnesota-Organized Nonprofits and Charitable Gambling

VI. When Nonprofits Must Provide Notice to the Attorney General

• Prior Notice of Matters Involving Charitable Trusts
• Prior Notice of Probate Matters Involving Charitable Bequests or Devises
• Prior Notice of a Minnesota Nonprofit’s Intent to Dissolve, Merge, Consolidate, Convert, or Transfer Assets
• Notice Under UPMIFA

VII. Uniform Prudent Management of Institutional Funds Act

• Key Definitions
• Managing Institutional Funds
• Modifying Institutional Fund Restrictions

Appendix

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Nonprofit Organization Resources

The enclosed listing of nonprofit organization resources has been compiled as a consumer service by the Minnesota Attorney General’s Office.

Registration and Reporting

Charitable organizations, charitable trusts, and professional fundraisers generally must register and file periodic reports with the Minnesota Attorney General’s Office. For more information on these requirements, see Registration and Reporting - Charities and Charitable Trusts and Registration and Reporting - Professional Fundraisers.