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<br /> ... <br /> WARREN E. PETERSON PETERSON, FRAM & BERGMAN tREAt PROPERTY LAW SPECIALIST <br /> JEROME P. FILLA PROFESSIONAL ASSOCIATION "'ALSO ADMITTED IN WISCONSIN <br /> DANIEL WITI FRAM 300 iMID'WEST FEDERAL BUILDING fALSO ADMIlTED IN ILLINOIS, <br />~... GLENN A. BERGMAN FLORIDA, WASHINGTON D.C. <br /> JOHN MICHAEL MILLER 50 EAST FIFTH STREET - <br /> GARY W. BECKER"'! ST. PAUL, MINNESOTA 55101-1197 OF COUNSEL <br />- <br />- TIMOTHY J. H..\SSETTt MELVIX J. SJI"VER <br /> MICHAEL 1: OBERLE - <br /> (612) 291-8955 <br /> FAX NO. (612) 228.1753 <br /> January 2, 1992 <br /> Gary Berger <br /> City Administrator <br /> City of Arden Hills <br /> 1450 West Highway 96 <br /> Arden Hills, 55112 <br /> BY FACSIMILE <br /> AND U.S. MAIL <br /> RE: Application of City's Gambling Regulations <br /> St. Mary's Romanian Orthodox Church <br /> St. Paul Turner's Gymnastics Society <br /> Our File No.: 10450/900005 <br /> Gary: <br /> The City Council has requested a clarification of the City's <br />- II trade area" and "lawful purpose" gambling regulations. The <br /> adoption of trade area regulations is governed by MS 349.213 Subd. <br /> B, which provides as follows: <br /> The City may by ordinance require that a licensed organization <br /> conducting lawful gambling within its jurisdiction expend all <br /> or a portion of its expenditures for lawful purposes on lawful <br /> purposes conducted or located within the City's trade area. <br /> Such an ordinance must define the City's trade area and must <br /> specify the percentage of lawful purpose expenditures which <br /> must be expended within the trade area. A trade area defined <br /> by a City under this subdivision must include each City <br /> contiguous to the defined City. <br /> Although the City has the initial discretion to adopt trade <br /> area regulations, any regulations which are adopted must require <br /> that all or a portion of a licensed organization's expenditures be <br /> for lawful purposes conducted or located within the City's defined <br /> trade area. The state law imposes a two-part test. Is the <br /> expenditure for a lawful purpose? Is the lawful purpose conducted <br /> or located within the trade area? <br /> The City's regulations do not define the "lawful purpose" but <br /> simply incorporates by reference the state's definition which seems <br /> to change every year. The state's current definition of "lawful <br /> purpose" is contained in MS 349.12 Subd. 25(a) which is attached. <br />, <br /> ~- <br />