Tuesday, February 9, 2010
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Ducks out of water
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By KAY FATE

Press staff writer

OWATONNA -- Who would have imagined that a flotilla of rubber ducks could cause such a flap?

For the past 10 years, the Owatonna Area Chamber of Commerce and Tourism has sponsored its Duck, Duck, Goose Race, a popular event that raised funds for the Chamber while offering substantial prizes to the winners of the race.

But the OACCT was informed recently that the duck race is not in compliance with the Minnesota State Statute 609.75, which defines lotteries.

Because prize, chance and consideration were all components of the duck race, it was not considered legal gambling.

"There are five legitimate methods of lawful gambling," said Doug Forsman, Special Agent with the Alcohol and Gambling Enforcement Division of the Minnesota Department of Public Safety.

"Those five are bingo, pulltabs, tip-boards, raffles and paddle-wheels. By definition, a raffle means participants have a ticket with a serialized number, which goes into a barrel, and the player keeps the stub," Forsman explained. "A duck race is not a raffle.

"When you pay a consideration -- in this case, five dollars for a duck; and you have a chance to win a prize, then you've really ventured into illegal gambling," he said. "Those are the three elements that comprise a lottery, or gambling."

According to Jennifer Noeldner, Chairperson of the OACCT Board of Directors, the board and the Duck Race Committee want to comply with the state statutes.

Therefore, a decision was made to cancel the race portion of the event. Since the OACCT is legally permitted to hold a raffle drawing, the donated prizes from the Duck Race will be raffled.

"Family Night" will begin at 5 p.m. July 23 at Dartts Park. Activities will include a raffle drawing for nine prizes, including a mountain bike, DVD player, various Minnesota attraction tickets and a basketball hoop.

Raffle tickets are available at the OACCT office, 320 Hoffman Drive, and at Dartts Park the night of the event. The ticket stubs for ducks already purchased do not qualify as raffle tickets.

Other activities planned for Family Night will be kids' games; SeniorPlace vs. Chamber members kittenball; Best Decorated Goose contest; food vending and Kaptain Kirby train rides.

Also available will be commemorative duck souvenirs. Rubber, floatable race ducks will be available for purchase.

People who have already purchased duck tickets can request a refund with proof of purchase (ticket stub) within 30 days.

Forsman was quick to excuse the Chamber from knowingly breaking any laws.

"This was a legitimate organization. In cases like this, what most likely has occurred is that the people putting it on were unaware of the law," he said. "They voluntarily came into compliance.

"We see this as an opportunity to educate and advise," Forsman said. "There was no harm done; we just have to do what's right. We advise everyone the same; how you enforce it is on a case-by-case basis."

As for the Chamber, "we're looking forward to being a part of the ďFive Days of Fun,' and being part of the community spirit," said Noeldner. "We immediately corrected what was wrong, and have kept our focus on providing a fun atmosphere for families."

Any lessons learned?

"What we sincerely hope is that other non-profit organizations will take this as an opportunity to consult the proper people before moving forward," Noeldner said.

"We hope other institutions are being educated by our experience."

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