HomeMy WebLinkAboutResolution 50-2000 � �
.
RESOLLJTION NO. 50-00
A RESOLLTTION ESTABLISHING PROCEDURE FOR CONSIDERING REQUESTS
FOR CHARITABLE BINGO, LOTTERIES AND RAFFLES IN TI�CITY OF
BROOKINGS, SOUTH DAKOTA.
WHEREAS, South Dakota Codified Law Section 22-25-25 permits certain charitable
bingo and lottery games and establishes procedures pertaining to consideration of requests to
conduct charitable bingo and lotteries in municipalities, and
WHEREAS, the City of Brookings desires to establish a procedure pertaining to the
consideration of requests to conduct charitable bingo or lottery games, including raf�les, in the
City of Brookings, NOW THEREFORE
BE IT RESOLVED by the City Council of the City of Brookings, South Dakota that the
City Manager shall evaluate requests to conduct charitable bingo, lottery and rai�le games in the
City of Brookings, and shall have the authority to determine if the request should be submitted to
the City Council for further consideration, including the adoption of a Resolution objecting to the
charitable bingo or lottery request.
Passed and approved on the 14th day of August, 2000.
Attest: � ����l� '
' y ayo
N �
�O p��:�
�
� ��9 � �
N
P
OQ�,O P��,�
Y �
� � � � —2— Jur.Y 2s,2000
•- , r
conducted pursuant to chapter 1-21, or a civic celebration recognized by
resolution or other similar official action of the governing body of a county,
municipality, or village;
(5) No prize in excess of two thousand dollars is awarded at any one play of bingo
and no lottery prize is in excess of eighteen thousand dollars in value. However, a
lottery prize of eighteen thousand dollars or less in value may also be given to a
person who sells a winning lottery ticket or share as long as the winning lottery
ticket or share is selected at random;
(6) The organizations authorized under subdivision (1) of this section, before
conducting a bingo game or lottery give thirty days' written notice of the
time and place thereof to the governing body of the county or municipality in
which it intends to conduct the bingo game or lottery, and the governing
body does not pass a resolution objecting thereto. However, any organization
that conducts a lottery and tickets or shares for such lottery are sold state-wide
shall provide written notice of such lottery pursuant to this subdivision only to the
secretary of state and to the governing body where the drawing for such lottery is
held. A municipality pursuant to §9-29-5 may by ordinance prohibi#within the
municipality the sale of lottery tickets or shares for such lottery issued pursuant to
this section; and
(7) No organization authorized to conduct a bingo game or lottery under subdivision
(1)of this section may enter into any lease or agreement with any other person or
organization to provide equipment or services associated with the conduct of a
bingo game or lottery. However,this subdivision does not apply to any lease or
agreement with a distributor licensed pursuant to §22-25-28 to 22-25-51 ,
inclusive, to provide bingo or lottery equipment and supplies. (Emphasis
added/bold type)
� ,
, . Steven J. Britzman
, � � Attorney at Law
319 Fifth Avenue Telephone (605)697-9058
Brookings, South Dakota 57006 Facsimile(605)697-9060
Memorandum
To: Mike Williams and Shari Dunn
From: Steven J. Britzman, City Attorney
Date: July 28, 2000
Re: Charitable Gambling Requests in Brookings/ Can the City Manager decide whether
a nonprofit organization can conduct a lottery or sell chances to win a prize?
Conclusion: The following statute does not prohibit a municipality from establishing a
policy permitting the City Manager to review all requests for charitable gambling and
determining if the matter will be placed on the Agenda for Council action. Accordingly, I
believe we can handle charitable gambling requests as an administrative procedure within
the discretion of the City Manager, and if the City Manager determines the Council
should consider a request or if the City Manager does not believe a party should be
authorized to conduct a lottery, then a Resolution prohibiting the lottery should be
prepared for Council consideration.
The only reference for our procedure for handling charitable gambling requests is set
forth in the following state statute:
22-25-25. *Bingo and lotteries -Permitted - Conditions.
The game "bingo" as defined in §22-25-23 or lottery as defined in §22-25-24 may not
be construed as gambling or as a lottery within the meaning of§22-25-1,provided that:
(1) The bingo game or lottery is conducted by a bona fide congressionally
chartered veterans organization; a religious,charitable, educational,or
fraternal organization; a local civic or service club; a political party; a
volunteer fire department; or a political action committee or political
committee on behalf of any candidate for a political office which exists under the
laws of the state of South Dakota;
(2) The proceeds therefrom do not inure to the benefit of any individual;
(3) No separate organization or professional person is employed to conduct the bingo
game or lottery or assist therein;
(4) No compensation of any kind in excess of the state minimum wage per hour or
sixty dollars, whichever is greater, in value is paid to any person for services
rendered during any bingo session in connection with the conduct of the bingo
game or in consideration of any lottery. However,the provisions of this
subdivision do not apply to games or lotteries conducted in connection with any
of the following events: a county fair conducted pursuant to §7-27-3,the state fair