AGO 85-26.

• Court: North Dakota

North Dakota Attorney General Opinions 1985. AGO 85-26. OPINION 85-26Date Issued: July 24, 1985 (AGO 85-26) Requested by: Evan E. Lips State Senator- QUESTION PRESENTED - Whether a city or county governing body may pass an ordinance or resolution establishing a percentage of gaming proceeds which must be donated to eligible uses within the jurisdiction of the city or county governing body.- ATTORNEY GENERAL'S OPINION - It is my opinion that a city or county governing body may not pass an ordinance or resolution establishing a percentage of gaming proceeds which must be donated to eligible uses within the jurisdiction of the city or county governing body. - ANALYSIS - Article VIII of the North Dakota Constitution provides for the establishment of political subdivisions within this state. Article VII, Section 2, provides as follows:

Section 2. The legislative assembly shall provide by law for the establishment and the government of all political subdivisions. Each political subdivision shall have and exercise such powers as provided by law.

Prior to the creation of this new article to our Constitution, the former constitutional provisions contained similar language providing for the establishment of political subdivisions by the Legislative Assembly. In interpreting that constitutional provision, our Supreme Court has made it clear that cities enjoy only those powers expressly conferred upon them by the Legislature or such powers as necessarily may be implied from the power expressly granted. Murphy v. City of Bismarck 109 N.W.2d. 635 (N.D. 1961). A municipal corporation is an agency of the state. It is purely a creature of statute . . . It takes its powers from the statutes which give it life, and has none which are not either expressly or impliedly conferred thereby or essential to effectuate the purposes of its creation. In defining its powers, the rule of strict construction applies, and any doubt as to their existence or extent must be resolved against the corporation. Lang v. City of Cavalier 228 N.W. 819, 822 (N.D. 1930). North Dakota laws regulating charitable gambling are found in N.D.C.C. chapter 53-06.1, specifically, N.D.C.C. section 53-06.1-03 (3) (b), states as follows:

53-06.1-03. LICENSURE - EXCEPTIONS FOR RAFFLES AND BINGO - CITY AND COUNTY LICENSURE - FEES - SUSPENSION AND REVOCATION. b. Class B license

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