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ARDEN HILLS CITY COUNCIL - APRIL 24, 2000 2 PUBLIC COMMENTS . Mayor Probst invited those present to come forward and address the Council on any items not already on the agenda. There were no public comments. UNFINISHED AND NEW BUSINESS A. Ordinance #318, Amending Charitable Gambling Clause, Sec. 4-43, Trade Area Restriction Mr. Post explained that the ordinance amendment under consideration stemmed from the premises permit application from St. Katherine Ukrainian Orthodox Church at the Council's April 10 regular meeting. He added the Council had tabled the premises permit resolution at the meeting. He noted the matter was discussed at the subsequent Council Worksession, and the Council had requested that City staff draft an amendment to Section 4-43 of the City ordinance pertaining to trade area-spending requirements. Mr. Post recommended that the Council consider the addition of a specific definition of lawful purpose use. He added the language used in the proposed amendment reflects what was discussed by the Council at their worksession. . Councilmember Aplikowski expressed concern that the proposed amendment might negatively impact St. Katherine's. She asked what the timing of this amendment would mean. Mr. Post stated the amendment would be effective the day after publication. He added that S1. Katherine's application would be addressed at tonight's meeting, and would not be further delayed. Councilmember Aplikowski asked whether the applicant must adhere to the amended ordinance. Mr. Filla recommended that the Council coordinate the effective date ofthe ordinance amendment with the effective date of the premises permit. He noted this would only be the case if it was the Council's intent that the ordinance amendment should apply to the premises permit. Mr. Filla stated the Council should add a statement to Resolution #00-17 clarifying that it would be effective following the publication ofthe ordinance amendment. Councilmember Aplikowski asked whether the premises permit applicant was made aware that this would be occur. Mr. Post confirmed they were aware ofthe amendment. Mayor Probst noted that the proposed amendment is already incorporated into state law. Mr. Filla confirmed this, adding that state law identifies specific reasons for revoking or suspending licenses. He noted the regulations could only be enforced by issuance of a citation, which allows the Gambling Control Board to make specific findings, which authorize the use of proceeds. . Council member Rem asked whether the operation of a church would be considered a lawful purpose. Mr. Filla explained that the State defines a lawful purpose by a number of examples.