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381 N.W.2d 842 <br />(Cite as: 381 N.W.2d 842) <br />be submitted to the Commission for review as to <br />subject matter and copy of the advertising and as to . <br />dates and times of display. The Commission shall <br />have the right to reasonably reject in writing any <br />advertising so submitted and no such rejected <br />advertising shall be displayed. Proposed <br />advertisements shall be submitted for review no <br />later than ten (10) business days prior to the event at <br />which it is to be displayed; rejection of an <br />advertisement shall be made no later than five (5) <br />business days prior to the event. It shall be <br />considered reasonable for the Commission to reject <br />advertising which, by content or subject matter, is <br />inimical to the best interests of the Commission and <br />Stadium tenants or that a Stadium tenant reasonably <br />believes may be offensive to the public, and to <br />require that certain advertising subject matter not be <br />displayed on the matrix panel during certain events <br />at which such display would not be in keeping with <br />the event, such as the advertising of alcoholic <br />beverages during religious events. <br />The agreement also specifically provides that the <br />Commission "retains the right to control the <br />Scoreboard System matrix panel and to regulate the <br />advertising and information being displayed thereon. <br />" Under the agreement the Commission has the <br />sole right" to determine the number, duration and <br />frequency of times during an event when <br />advertising sold by American Sign may be <br />displayed on the Scoreboard System matrix panel. <br />Hubbard contends that because the Commission. did <br />not retain the right to choose which advertisers will <br />have an exclusive privilege to advertise their <br />products in the Metrodome, the Commission <br />delegated its powers without any administrative <br />safeguards. It appears, however, that the <br />Commission only delegated a ministerial function to <br />American Sign, for the Commission, in effect, <br />approved the idea of exclusive advertising when the <br />scoreboard agreement was executed, and merely <br />granted American Sign the power to enter into such <br />exclusive agreements with individual advertisers. <br />The Commission, pursuant to the agreement, <br />retained ultimate control over the advertisements <br />appearing on the scoreboard -all proposed <br />advertisements are submitted to the Commission <br />and it specifically retained the right to reject any <br />2006 Thomson/West. No Claim to Orig. U.S. Govt. Works. <br />advertisement before it is displayed. Overall, <br />sufficient safeguards are present. <br />Section 473.556 gives the Commission those <br />powers necessary to operate a public sports facility. <br />This statutory grant of power includes the authority <br />to sell or to lease exclusive advertising rights in the <br />facility and the power to grant to American Sign, a <br />private entity, the duty to secure advertising <br />contracts that will maximize revenue for it and the <br />Commission to the extent reasonably practicable. <br />We therefore hold that the Commission had the <br />authority to sell or lease advertising in the <br />Metrodome on an exclusive basis and that it did not <br />unlawfully delegate its powers to American Sign. <br />This opinion is submitted to the Clerk of the United <br />States Court of Appeals for the Eighth Circuit <br />pursuant to Minn.Stat. § 480.061. <br />Minn.,1986. <br />Hubbard Broadcasting, Inc. v. Metropolitan Sports <br />Facilities Conlin <br />381 N.W.2d 842 <br />END OF DOCUMENT <br />Page 8 of 8 <br />Page 7 <br />1 8 ohtt ps:// web2. westlaw. com /print/printstream.aspx ?prft=HTMLE &destination =atp &sv=Split... 9/27/2006 <br />