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<br />Harry L. Newby, Jr. <br />page 6 <br /> <br />The statute does not expressly authorize a local unit of <br /> <br />government to determine the membership of an organization, or to <br /> <br /> <br />decree that any organization seeking to conduct gambling in the <br /> <br />jurisdiction must expend what may be precious resources to own <br /> <br />property in that jurisdiction, or to prescribe where the <br />organization's meetings must be held. <br /> <br />Other than those organizations exempt from licensing <br /> <br />under Section 349.214, the licensing of organizations to conduct <br /> <br />lawful gambling is done by the Charitable Gambling Control Board. <br />The state has preempted the licensing function by prohibiting <br /> <br />local units 0: government from requiring licenses or permits to <br /> <br />conduct lawful gambling by those organizations already licensed <br /> <br />by the Board. Minn. Stat. 9 349.213, subd. 1 (Supp. 1987). <br /> <br />, <br />The question then arises whether there is implied from <br />I <br /> <br />the statute the authority to limit gambling within the <br /> <br />jurisdiction of a local government only to those organizations <br />I <br />! <br />that meet specific criter~a set by the local unit of government <br />I <br />__ in this instance, organizations which are essentially local <br /> <br />organizations. <br /> <br />i <br />, <br />Minn. Stat. 9 349.213, subd.2 (1986), states that the <br /> <br />Charitable Gambling Control Board may not issue a license to an <br /> <br />organization if the local unit of government has adopted a <br />i <br />resolution disapproving the license and so informs the board <br /> <br />within 30 days of receiving notice of the license [applicaticn] <br /> <br />(60 days as of 8/1/88). The statute offers no guidance with <br /> <br />~ <br />