HomeMy WebLinkAbout1A, Discuss Licensing Conditions for Premise Permits i
-`1zEN HILLS
Request for Council Action 1A
Prepared By: Amy Dietl,Deputy Clerk Work Session Date: December 17,2012
Discuss Licensing Conditions for Premise Permits
Budgeted Amount: Actual Amount: Funding Source:
n/a n/a n/a
Discussion Topic:
Staff is seeking input from the Council regarding licensing conditions for premise permits.
Supporting Documents:
1. Memorandum Dated December 17, 2012, from Amy Died, Deputy Clerk
2. Attachment A: School District 621 Map
3. Attachment B: School District 623 Map
4. Attachment C: City of Arden Hills City Code
5. Attachment D: City of Mounds View City Code
6. Attachment E: City of Roseville City Code
7. Attachment F: City of Shoreview City Code
8. Attachment G: City of Spring Lake Park City Code
9. Attachment H: City of Vadnais Heights City Code
'It
-ADEN HILLS
MEMORANDUM
DATE: December 17, 2012
TO: Honorable Mayor and City Councilmembers
Patrick Klaers, City Administrator
FROM: Amy Died,Deputy Clerk
SUBJECT: Discuss Licensing Conditions for Premise Permits
Backl4round
Staff received a premise permit from the Spring Lake Park Lions for charitable gambling
at Welsch's Big Ten Tavern on November 21, 2012. The application was included for
consideration at the City Council meeting on November 26, 2012, at which time the item
was tabled.
It is the understanding of staff that the Council may be interested in modifying the City
Code language pertaining to gambling.
Included in the packet are six examples from neighboring cities of their City Code
language regarding gambling. The following include criteria prefacing that the
applicant's registered place of business be either within the City or within the Trade Area
as well as expenditure requirements.
City of Mounds View [§518.06 (Subd.8(g)) and §518.11(Subd. 1)]
City of Roseville [§304.01(C)and §304.04(B)]
City of Shoreview [§708.060]
City of Spring Lake Park [§115.03(B) and §115.05]
City of Vadnais Heights [§127.010(2)]
Council Action Requested
Staff is seeking input from the Council regarding licensing conditions for premise
permits.
Attachment A :
School District 621 Map
December 17, 2012—City Council Work Session
City of Arden Hills
EN HILLS
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Attachment B •
School District 623 Map
December 17, 2012—City Council Work Session
City of Arden Hills
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Attachment C :
City of Arden Hills
City Code Section 330.02 Gambling
December 17, 2012 —City Council Work Session
City of Arden Hills
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-ARQEN-HILLS
City of Arden Hills Chapter 3 Licenses and Regulations
with. Tobacco products shall not be sold anywhere upon
the premises of the amusement arcade.
i. The interior of the amusement arcade shall be so
illuminated as to ensure proper and complete observation
of patrons at all times. The building inspector shall
recommend standards for lighting levels to carry out the
intent of this subsection.
j. In a conspicuous place somewhere on the premises of the
amusement arcade shall be posted the amusement arcade
license as required by this chapter.
9. No person or entity licensed to sell intoxicating liquor at retail
shall be subject to the provisions of Subpart B,with the exception
of Subpart 8 to which any such licensee shall be subject. The
term "Premises of the Amusement Arcade," used therein, shall
be deemed to mean,in the case of the liquor licensee,the licensed
premises thereof.
330.02 Gambling.
Subd. I Definitions.
A. Gambling Equipment. As used in this section, those devices known as
bingo cards, bingo numbers, paddle wheels, tip boards, pull-tabs (or
ticket jars) or apparatus used in conducting bingo and other gambling
games as those various devices are described and defined in M.S. Ch.
349, as amended from time to time.
3 -21
Adopted December 17, 2001
City of Arden Hills Chapter 3 Licenses and Regulations
B. Trade Area. The corporate boundaries of the City and each City
immediately contiguous to the City.
Subd. 2 Incorporation by Reference. Unless the provisions of this section are
inconsistent with the provisions of state law, in which case those provisions shall
control, all the terms, provisions and subdivisions of M.S. Ch. 349, as amended from
time to time,which regulate and provide for the licensing of the operation of gambling
devices, are hereby adopted and incorporated in this section by reference.
Subd. 3 License or Permit Required. No person shall keep, operate, maintain or
permit to be operated or maintained upon premises within his or her direct or indirect
control any gambling equipment without having first procured a gambling license from
the state, and as approved by the City, or in the case of operations exempt from
licensing by state law,without a permit issued by the City.
Subd. 4 Permit Fee. As provided in Subsection 310.01, the fee for various types of
gambling device permits shall be established by Ordinance adopted by the Council.
Subd.5 Application. Applications for City approval or a permit shall be submitted to
the City Administrator at least sixty(60)days before the proposed effective date of the
permit. Criteria for the issuance of premises permits shall be adopted from time to
time by Council resolution.
Subd. 6 Approval of License or Issuance of Permit. No permit to operate a gambling
operation, or approval of a state license, shall be issued by the City Administrator
earlier than fifteen(15)days after the application has been submitted. If requested by
the City Administrator,however,the City's designated law enforcement provider shall
investigate any application and shall submit a recommendation to the City
Administrator prior to issuance or denial of the permit or license approval.
3 -22
Adopted December 17, 2001
City of Arden Hills Chapter 3 Licenses and Regulations
Subd. 7 Investigation Fee. Applicants shall pay the City a non-refundable
investigation fee as from time to time set by Council resolution when submitting the
application for the permit or license authorization.
Subd.8 Unauthorized Gambling Prohibited. No person shall conduct lawful gambling
within the City unless such activity is in compliance with the provisions of the Minne-
sota Lawful Gambling Act and this section. If the provisions of the Minnesota Lawful
Gambling Act and this section are inconsistent, the more restrictive provisions shall
apply.
Subd.9 Local Gambling Tax.The Council may,pursuant to state law,impose a local
gambling tax on all organizations licensed to conduct lawful gambling within the City.
The tax shall be set by the City Council but shall not exceed three(3%)percent of the
organization's gross receipts from all lawful gambling,less prizes actually paid out by
the organization. Proceeds of the tax shall only be used for the purpose of regulating
all gambling activities within the City,including but not limited to the reimbursement
of the City's administrative, legal and consulting costs. (Revised:February 12, 2007)
Subd. 10 Financial Reports.
A. Any organization applying for a renewal permit shall provide the City
with certified copies of the following documents:
1. The prior year's income and loss statement which clearly
indicates the organization's gross receipts from lawful gambling
activities within the City and total prizes actually paid out for
lawful gambling activities within the City.
2. A statement of the organization's treasurer projecting the
organization's gross receipts and total prizes for lawful gambling
3 -23
Adopted December 17, 2001
City of Arden Hills Chapter 3 Licenses and Regulations
activities to be conducted in the City during the year in which the
permit renewal will be effective.
B. Any organization applying for a new permit,shall provide the City with
a certified statement containing the organization's projection of gross
receipts and total prizes for all lawful gambling activities to be
conducted in the City during the year in which the permit will be
effective.
Subd. 11 Lawful Gambling Fund. All organizations permitted to conduct lawful
gambling within the City shall contribute ten(10%)percent of their net profits derived
from lawful gambling activities within the City to a special fund to be administered by
the City Council for reimbursement of police, fire and public safety related services,
equipment and training;and for Charitable Contributions,as defined in Minn Statutes
Section 349.12 Subd. 7.a. Payments to the fund shall be calculated for quarterly
periods ending on the last days of March, June, September, and December of each
year. Quarterly installment payments shall be submitted together with verifiable
supporting documentation,no later than the 20th day of the month following the end of
the quarterly period. (Revised: February 12, 2007)
Subd. 12 Trade Area Restriction. An organization authorized and permitted to
conduct lawful gambling within the City shall expend sixty (60%) percent of its net
profit on lawful purposes conducted or located within the trade area.
(Revised: February 23, 2004)
Subd. 13 Location of Lawful Gambling Operations. No gambling operation shall be
maintained except on the premises listed in the license. The listed location shall comply
with all state regulations and City zoning regulations.
3 -24
Adopted December 17, 2001
City of Arden Hills Chapter 3 Licenses and Regulations
Subd. 14 Number of Licenses Authorized. No more than nine (9) lawful gambling
licenses or permits of all classes shall be issued and outstanding at the same time.
Subd. 15 Reports.
A. All authorized and permitted organizations shall submit to the City
Administrator a copy of any reports it is required to make or has made
to the board. Any applicant for a license or renewal of a license shall
submit a copy of its application to the City Administrator.
B. On or before February first of each year, organizations licensed or
permitted to conduct lawful gambling within the City shall submit a
report to the City Administrator indicating how the net profits derived
from lawful gambling activities conducted by the organization have been
spent for lawful purposes and such other reports as may be required
from time to time by Council resolution.
Subd. 16 Inspection of Premises and Records. The City Administrator,City attorney,
City law enforcement officers, City Official and/or City employee having a duty to
perform with reference to this section or lawful gambling activities may inspect and
examine the records concerning lawful gambling activities of any organization upon
twenty-four(24) hours' advance notice and may inspect the premises upon which the
organization is conducting lawful gambling activities at all reasonable times without
advance notice. It shall be a misdemeanor to falsify any reports required to be
submitted pursuant to this section.
Subd. 17 Age Limit. No person under the age of eighteen (18) shall be permitted to
engage in any lawful gambling activity including bingo and raffles. No permitted
organization shall allow any person under the age of eighteen (18) to engage in any
lawful gambling activity including bingo and raffles.
3 -25
Adopted December 17, 2001
Attachment D :
City of Mounds View
City Code Chapter 518 Lawful Gambling
December 17, 2012—City Council Work Session
City of Arden Hills
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EN HILLS
518.01 518.02 (Rev. 4/10)
CHAPTER 518
REGULATING LAWFUL GAMBLING
(Added,Ord. 835,4-1-10)
SECTION
518.01 Adoption of State Law by Reference
518.02 Purpose
518.03 Definitions
518.04 Applicability
518.05 Lawful Gambling Permitted with Council Approval
518.06 Application and Local Approval of Premises Permits
518.07 Local Permits
518.08 Revocation and Suspension of Local Permit
518.09 License and Permit Display
518.10 Notification of Material Changes to Application
518.11 Designated Trade Area
518.12 Records and Reporting
518.13 Hours of Operation
518.14 Penalty
518.15 Severability
518.01: ADOPTION OF STATE LAW BY REFERENCE:
The provisions of Minnesota Statutes, Chapter 349, as they may be amended from time to time,
with reference to the definition of terms, conditions of operation, provisions relating to sales, and
all other matters pertaining to lawful gambling are hereby adopted by reference and are made a
part of this Section as if set out in full. It is the intention of the Council that all future
amendments of Minnesota Statutes, Chapter 349, are hereby adopted by reference or referenced
as if they had been in existence at the time this Section was adopted.
518.02: PURPOSE:
The purpose of this Section is to regulate lawful gambling within the City of Mounds View to
ensure the integrity of operations, and to provide for the use of net profits only for lawful
purposes.
City of Mounds View
518.03 518.06 (Rev. 5110)
518.03: DEFINITIONS:
In addition to the definitions contained in Minnesota Statutes, Section 349.12, as it may be
amended from time to time,the following terms are defined for purposes of this Section:
BOARD, as used in this Section, means the State of Minnesota Gambling Control Board.
CITY, as used in this Section, means the City of Mounds View.
COUNCIL, as used in this Section,means the City Council of the City of Mounds View.
LICENSED ORGANIZATION, as used in this Section, means an organization licensed by the
Board.
LOCAL PERMIT, as used in this Section,means a permit issued by the City.
TRADE AREA, as used in this Section, means the City, Blaine, Shoreview, Arden Hills, New
Brighton, Fridley, and Spring Lake Park.
518.04: APPLICABILITY:
This Section shall be construed to regulate all forms of lawful gambling within the City except
bingo conducted pursuant to Minnesota Statutes, Sections 349.166, subdivision 1(b), as amended
from time to time.
518.05: LAWFUL GAMBLING PERMITTED WITH COUNCIL APPROVAL:
Lawful gambling is permitted within the City provided it is conducted in accordance with
Minnesota Statutes, Sections 609.75-609.763, inclusive, as they may be amended from time to
time; Minnesota Statutes, Sections 349.11-349.23, inclusive, as they may be amended from time
to time; and this Section. Lawful gambling shall not be conducted unless approved by the
Council, with the exception of exempt or excluded lawful gambling as provided for in Minnesota
Statutes, Section 349.11.
518.06: APPLICATION AND LOCAL APPROVAL OF PREMISES PERMITS:
Subd. 1. Any organization seeking to obtain a premises permit or renewal of a premises permit
from the Board shall file with the City Administrator an executed, complete duplicate
application, together with all exhibits and documents accompanying the application as
will be filed with the Board. (Amended, Ord. 844, 5-20-10)
City of Mounds View
518.06 518.06(Rev. 5110)
Subd. 2. Upon receipt of an application for issuance or renewal of a premises permit, the City
Administrator shall transmit the application to the chief of police for review and
recommendation. (Amended, Ord. 844, 5-20-10)
Subd. 3. The chief of police shall investigate the matter and make the review and
recommendation to the City Council as soon as possible, but in no event later than forty-
five (45) days following receipt of the notification by the City.
Subd. 4. Organizations applying for a state issued premises permit shall pay the City an annual
one hundred dollars ($100.00) investigation fee. This fee shall be refunded if the
application is withdrawn before the investigation is commenced.
Subd. 5. The applicant shall be notified in writing of the date on which the Council will
consider the recommendation.
Subd. 6. The Council shall receive the police chiefs report and consider the application within
forty-five (45) days of the date the application was submitted to the City Administrator.
(Amended, Ord. 844, 5-20-10)
Subd. 7. The Council shall, by resolution, approve or disapprove the application within sixty
(60) days of receipt of the application.
Subd. 8. The Council shall deny an application for issuance or renewal of a premises permit for
any of the following reasons:
a. Violation by the gambling organization of any state statute, state rule, or city
ordinance relating to gambling within the last three (3) years.
b. Violation by the on-sale establishment, or organization leasing its premises for
gambling, of any state statute, state rule, or city ordinance relating to the operation of the
establishment, including, but not limited to, laws relating to alcoholic beverages,
gambling, controlled substances, suppression of vice and protection of public safety
within the last three (3) years.
c. Lawful gambling would be conducted at premises other than those for which an on-
sale liquor license has been issued.
d. Lawful gambling would be conducted at more than two (2)premises within the City.
e. Failure of the applicant to pay the investigation fee required by this Section within the
prescribed time limit.
City of Mounds View
518.06 518.09(Rev. 4/10)
f. Operation of gambling at the site would be detrimental to health, safety, and welfare of
the community.
g. The applicant's registered place of business is not within the Trade Area. This
requirement may be waived by the Council for good or just cause, at the Council's sole
discretion, if it is in the interest of the Community to do so.
Otherwise the Council shall pass a resolution approving the application.
518.07: LOCAL PERMITS:
The City of Mounds View does not require that organizations conducting lawful gambling
excluded or exempted from state licensure requirements(Minnesota Statutes, Section 349.166, as
it may be amended from time to time) obtain a Local Permit. The organization shall provide
proof of state exemption or exclusion if requested by the City.
518.08: REVOCATION AND SUSPENSION OF LOCAL PERMIT:
Subd. 1. A local permit may be revoked, or temporarily suspended for a violation by the
gambling organization of any state statute, state rule, or city ordinance relating to
gambling.
Subd. 2. A license shall not be revoked or suspended until written notice and an opportunity for
a hearing have first been given to the permitted person. The notice shall be personally
served or sent by certified or registered mail. If the person refuses to accept notice,notice
of the violation shall be served by posting it on the premises. Notice shall state the
provision reasonably believed to be violated and shall also state that the permitted person
may demand a hearing on the matter, in which case the permit will not be suspended until
after the hearing is held. If the permitted person requests a hearing, the Council shall hold
a hearing on the matter at least one (1) week after the date on which the request is made.
If, as a result of the hearing, the Council finds that an ordinance violation exists, then the
Council may suspend or revoke the permit.
518.09: LICENSE AND PERMIT DISPLAY:
All permits issued under state law or this Section shall be prominently displayed during the
permit year at the premises where gambling is conducted.
City of Mounds View
518.10 518.14 (Rev. 5110)
518.10: NOTIFICATION OF MATERIAL CHANGES TO APPLICATION:
An organization holding a state issued premises permit or a local permit shall notify the City
within ten (10) days in writing whenever any material change is made in the information
submitted on the application.
518.11: DESIGNATED TRADE AREA:
Subd. 1. Each organization licensed to conduct gambling within the City shall expend at least
seventy-five percent (75%) of its lawful purpose expenditures on lawful purposes
conducted within the City's Trade Area.
Subd. 2. This section applies only to lawful purpose expenditures of gross profits derived from
gambling conducted at a premises within the City's jurisdiction.
II
518.12: RECORDS AND REPORTING:
Subd. 1. Organizations conducting lawful gambling shall file with the City Administrator one
(1) copy of all records and reports required to be filed with the Board, pursuant to
Minnesota Statutes, Chapter 349, as it may be amended from time to time, and rules
adopted pursuant thereto, as they may be amended from time to time. The records and
reports shall be filed on or before the day they are required to be filed with the Board.
(Amended, Ord. 844, 5-20-10)
Subd. 2. Organizations licensed by the Board shall file a report with the City proving
compliance with the trade area spending requirements imposed by Section 518.12
(Designated Trade Area). Such report shall be made on a form prescribed by the City
and shall be submitted annually and in advance of application for renewal.
518.13: HOURS OF OPERATION:
Lawful gambling shall not be conducted between one o'clock (1:00) a.m. (or two o'clock (2:00
A.M. if the premises has been approved for the extended bar closing time) and eight o'clock
(8:00)A.M. on any day of the week.
City of Mounds View
518.14 518.15 (Rev. 4/10)
518.14: PENALTY:
Any person who violates:
(a) Any provision of this Section;
(b) Minnesota Statutes, Sections 609.75-609.763, inclusive, as they may be amended
from time to time; or
(c) Minnesota Statutes, Sections 349.11-349.21, as they may be amended from time to
time or any rules promulgated under those sections, as they may be amended from time to
time shall be guilty of a misdemeanor and shall be subject to a fine of not more than one
thousand dollars ($1,000.00) or imprisonment for a term not to exceed ninety (90) days,
or both, plus in either case the costs of prosecution. In addition, violations shall be
reported to the Board and recommendation shall be made for suspension, revocation, or
cancellation of an organization's license.
518.15: SEVERABILITY:
If any provision of this Section is found to be invalid for any reason by a court of competent
jurisdiction,the validity of the remaining provisions shall not be affected.
City of Mounds view
Attachment E :
City of Roseville
City Code Chapter 304 Lawful Gambling
December 17, 2012—City Council Work Session
City of Arden Hills
' '
EN Hll.LS
Roseville, N4N - Official Website - Chapter 304 Lawful Gambling Page 1 of 3
You are here: Home>City Government>City Code>Title 3 Business Regulations>Chapter 304 Lawful Gambling
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SECTION:
304.01: Lawful Gambling Permitted
304.02: Number of Licenses and Permits
304.03: Approval of Licenses
304.04: Contributions
304.05: Law Enforcement and Administrative Costs
304.06: Gambling Exempt from State Licensing Requirements
304.07: Video Games of Chance
304.01: LAWFUL GAMBLING PERMITTED:
Lawful gambling as regulated in Minnesota Statutes Chapter 349 is permitted in the City if the
organization conducting such activities meets the following criteria:
A. Is licensed by the Minnesota Gambling Control Board.
B. Is a tax exempt organization pursuant to 501(c) of the Internal Revenue Code or has a 501
(c) application pending with the Internal Revenue Service.
C. Maintains an address within the City.
D. Has been in existence at least three consecutive years prior to the date it begins its gambling
operations.
E. Complies with all of the provisions of this Chapter. (Ord. 1114, 8-24-1992)
304.02: NUMBER OF LICENSES AND PERMITS:
A. No organization licensed pursuant to Minnesota Statutes Chapter 349 may conduct lawful
gambling at more than two locations within the city, except any organization that does not
conduct bingo and has prior to April 1, 1992, operated lawfully at more than one location, may
continue to operate at the locations licensed as of that date. (Ord. 1138, 4-25-1994) (Ord.
1412, 7-11-2011)
B. The maximum number of bingo hall licenses and locations issued pursuant to Minnesota
Statutes Chapter 349 within the City shall be one. Once the bingo hall license is issued by the
City, it shall be limited to the location and to the owner specified on the license. Any change of
location or ownership without the approval of the City shall result in the termination of the
license. (Ord. 1244, 12-18-2000) (Ord. 1412, 7-11-2011)
C. The maximum number of licensees conducting gambling at the bingo hall license location
described in subsection B of this section shall be five.
D. The maximum number of premises permits issued pursuant to Minnesota Statutes Chapter
349 in addition to one bingo hall license described in subsection A of this section shall be eight.
Except as provided in subsection E of this section the gambling allowed at those locations shall
be confined to pull-tabs, paddlewheels, raffles, and tipboards as defined and regulated under
Minnesota Statutes Chapter 349. (Ord. 1412, 7-11-2011)
E. An organization in existence and qualified under section 501(c)7 or section 501(c)19 of the
internal revenue code and which had its principal place of business or place of conducting
meetings in the City prior to and continuing since 1980 may be granted a premises permit to
conduct all lawful gambling operations on their own premises.
Such organizations are not eligible for a bingo hall license as provided in Minnesota statutes
section 349.164 and may conduct gambling activities or bingo only on their own property. (Ord.
1138, 4-25-1994) (Ord. 1412, 7-11-2011)
304.03: APPROVAL OF LICENSES:
A. Required Documentation: Any organization applying to the Gambling Control Board for a
premises permit, bingo hall license or for the renewal of the same to conduct lawful gambling in
the city shall, within ten days of making such application, file the following with the City:
1. Application: A duplicate copy of the Gambling Control Board application along with all
supporting documents submitted to the Gambling Control Board.
2. Corporate Documents: A copy of the Articles of Incorporation and Bylaws of the organization.
3. Officers and Directors: The names and addresses of all officers and directors of the
organization.
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Roseville,NIN-Official Website-Chapter 304 Lawful Gambling Page 2 of 3
4.Written Procedures: A copy of the organization's written procedures and/or criteria for
distribution ot tunds derived from lawtul gambling, its standardized application torm and its
written fiscal control procedures.
5.IRS Exempt Letter:A copy of the Internal Revenue Service's tax exempt letter.
6. Felony Conviction: Confirmation that no employee or principal officer of the organization has
been convicted of a felony. No employee or organization whose principal officers or employees
have a felony conviction shall be employed or retained in a gambling-related activity by any
permitted organization.
7.Investigation Reports:A copy of all records,all testimony or other information submitted to
the
State of Minnesota or Federal Government as part of any previous or current investigation or
inquiry on any matter related to gambling.
B.Investigation: Upon receipt of the materials required by subsection A of this section,and not
later than 60days from receipt of notice from the Gambling Control Board,City staff shall
investigate the applicant and based upon said investigation,the City Council shall act on the
application.
C. Resolution:The action of the City Council to approve an application for a premises permit or
bingo hall license within the city shall be by resolution.Failure to receive a majority affirmative
vote of the City Council shall constitute a denial of the application.
D.Additional Documents: Copies of any other reports or documents which are required to be
subsequently filed by such organization with the Gambling Control Board,including monthly
financial statements,shall be filed with the City within ten days of filing such materials with the
Gambling Control Board.
E.Compliance: to assure compliance with this Chapter,the City may require a premises permit
holder or bingo hall licensee to provide copies of records as allowed under Minnesota Statutes.
(Ord. 1327, 10-10-05)
F.Suspension:Approval of a premises permit issued by the City under any part of this Chapter
may be suspended by the City for violation of Chapter or revoked or any renewal delayed,for
failure to meet the qualifications set out in subsection A or a willful violation of any part of this
Chapter or a failure to comply,for any reason,with any provision,guarantee or claim made in
an applicant's original license application to either the City or the State of Minnesota.
G. Liability of City: No license or permit issued by the City grants the licensee a property right
or entitlement to the license or permit.The City may not issue, renew nor revoke the license or
permit for any reason and will not incur liability for any damages including, but not limited to,
direct,consequential or incidental damages,deprivation of property, loss of income,loss of
profits or loss of livelihood.
H. Employment of Certified Public Accountant:All organizations conducting Bingo at the Bingo
hall in the City shall use a certified public accounting firm for all accounting, bookkeeping and
tax preparation services related directly to lawful gambling and charged as an allowable
expense of the gambling operation.All agreements providing for such services shall be in
writing and shall be submitted to the City as part of the application for review by the City to
determine compliance with local and State regulations and laws.Any such agreements entered
into or modified after issuance of a license or permit shall be filed with the City prior to the new
agreement or modification becoming effective.The initial approval and the continuance of a
license or permit are contingent upon such agreements complying with this Chapter and State
statutes and regulations. (Ord. 1412,7-11-2011)
I. Management:All licensees and permittees in the City will assure continuous and active
management of the gambling operation and will not delegate managerial responsibilities,will
work continuously to operate in the most efficient manner to increase the amount of available
lawful proceeds,will maintain the lowest possible costs and will encourage and use volunteers
to the fullest extent possible. (Ord. 1114,9-24-92)
304.04:CONTRIBUTIONS:
A. Each organization conducting lawful gambling within the City shall contribute at least 10%of
its net profits derived from lawful gambling in the City to a fund administered and regulated by
the City.The City then shall make disbursements to the Roseville Community Fund,
administered by the North Suburban Community Foundation,a Minnesota nonprofit corporation.
This contribution shall be for the purposes defined in Minnesota Statutes Chapter 349.The
City's directive to the Roseville Community Fund,administered by the North Suburban
Community Foundation,as to the use of the funds shall be made at the time of the City's
adoption of its annual budget or any amendments thereto. (Ord. 1327, 10-10-05) (Ord. 1412,
http://www.cityofroseville.com/index.aspx?NID=1659&PREVIEW=YES 12/13/2012
Roseville, MN - Official Website - Chapter 304 Lawful Gambling Page 3 of 3
7-11-2011)
B. Each organization conducting lawful gambling shall expend or contribute a minimum of 75%
of its net profits from Roseville gambling sites by the end of each premises permit year. The
remaining percentage may be carried over to the subsequent permit or license year. The City
Council may grant a variance authorizing the organization to carry over more that 25% of all its
net profits for expenditure in the subsequent permit or license year.
C. In the event any organization contributes to the City any sum in excess of the10% as
required in subsection A above, said funds will be deposited and allocated to the Roseville
Community Fund, as administered by the North Suburban Community Foundation. In the event
the Roseville Community Fund, as administered by the North Suburban Community Foundation
is in any way unable to receive the allocated funds as set forth in subsection A above, the funds
will be deposited in an interest bearing escrow account in a bank located in the City and
allocated to uses by further order of the City Council. (Ord. 1114, 9-24-92) (Ord. 1412, 7-11-
2011)
304.05: LAW ENFORCEMENT AND ADMINISTRATIVE COSTS:
All organizations conducting lawful gambling within the City shall, within 30days of the end of
each month, pay to the City an amount equal to 3% of the gross receipts from lawful gambling
conducted in the City in such month, less amounts actually paid for prizes, to cover the City's
law enforcement and administrative costs in regulating lawful gambling. (Ord. 1114, 9-24-92)
304.06: GAMBLING EXEMPT FROM STATE LICENSING REQUIREMENTS:
A. Organizations which conduct lawful gambling which is exempt from State gambling licensing
requirements may conduct such gambling within the City upon receipt of a permit from the City,
except this requirement does not apply to door prizes or raffles and bingo where total prizes are
less than $1,500 in a calendar year. (Ord. 1327, 10-10-05)
B. An application for such a permit, along with a fee as prescribed by the Fee Schedule, shall be
made at least 30 days prior to the date such gambling is to be conducted. The application shall
contain the following:
1. The name of the organization.
2. The address of the organization.
3. The place where such gambling will occur.
4. The total prizes to be awarded.
(Ord. 1327, 10-10-05)
C. Within 30 days of filing any reports with the Gambling Control Board, the organization shall
file a copy of such reports with the City.
D. The provisions relating to law enforcement and administrative costs set forth in Section
304.05 shall not apply to gambling permitted pursuant to this Section. All other provisions of
this Chapter apply to such organizations. (Ord. 1114, 9-24-92)
304.07: VIDEO GAMES OF CHANCE:
"Video games of chance", as defined by Minnesota Statutes, are prohibited in the City. (Ord.
1114, 9-24-92)
http://www.cityofroseviIle.com/index.aspx?NID=1659&PREVIEW=YES 12/13/2012
Attachment F :
City of Shoreview
City Code Chapter 708 Charitable Gambling
December 17, 2012 —City Council Work Session
City of Arden Hills
EN HILLS
City of Shoreview Municipal Code Chapter 700. Licensing
708 Charitable Gambling
708.010 Definitions. As used herein,the following terms shall mean:
(A)"Active member"means a member who has paid all dues to the organization,
who is eighteen(18)years of age or older,who has equal voting rights with all
other members,who has equal opportunity to be an elected officer, who has
equal right and responsibilities of attendance at regularly scheduled meetings
of the organization, whose name and membership origination date appears,
knowingly and willingly, on a list of members of the organization, and who
has been a member of the organization for at least 6 months. If the
organization does not have a dues structure,the dues portion of this definition
will not apply.
(B)"Allowable expense" means reasonable sums that are necessarily and actually
expended for the following purposes:
Gambling supplies and equipment;
Rent;
Utilities used during gambling occasions;
Compensation paid to members for conducting gambling on a compensation
scheduled devised by the organization for its employees for the conduct of
lawful gambling;
Maintenance of devices used in lawful gambling;
Accounting services;
License renewal;
Bond for gambling manager;
Insurance on gambling activities;
Investigation fee;
One-third of the amount of increase in the annual premium of liability
insurance.
(C)"Gross profit" means the gross receipts collected from lawful gambling, less
reasonable sums necessarily and actually expended for prizes.
(D)"Gross receipts" means the total amount collected by an organization from
participants in lawful gambling. Gross receipts for bingo include any amounts
received by the organization that has been paid by a person at the bingo
occasion to play the game,without which the player could not play the game.
(E) "Lawful gambling" means the operation, conduct or sale of bingo,raffles,
paddlewheels,tipboards and/or pull-tabs.
(F) "Net profit" means gross profit less reasonable sums actually expended for
allowable expenses.
Section 708. Charitable Gambling 708-1
City of Shoreview Municipal Code Chapter 700. Licensing
(G)"Organization" means any fraternal,religious, veterans or other non-profit
organization.
(H)"Trade area" means the corporate boundaries of the City of Shoreview and
each city immediately contiguous to the City of Shoreview.
708.020 Organization License Required. Only organizations which have received a
license from the Minnesota Charitable Gambling Control Board are eligible for a
premises permit to conduct lawful gambling within the City in compliance with
the provisions of M.S. 349.11 to M.S. 349.60 and the regulations adopted by the
Minnesota Charitable Gambling Control Board.
708.030 Premises Permit and Fee. An applicant for a premises permit shall pay a non-
refundable investigation fee of$100 to the City when an application is submitted
for City review.
708.040 Local Gambling Tax.
(A)Imposition. A local gambling tax is hereby imposed on all organizations
receiving City approval to conduct lawful gambling within the City of
Shoreview. The tax shall not exceed an amount equal to three percent(3%)of
the organization's gross profits from lawful gambling activities conducted
within the City of Shoreview. Proceeds of the tax shall only be used for the
purpose of regulation of the gambling activities of all organizations licensed
to conduct lawful gambling within the City of Shoreview. As used herein,
regulation includes administrative and enforcement costs.
(B)Estimated Tax. The City shall calculate the organization's estimated annual
local gambling tax based upon the organization's records or upon any other
reliable information available to the City. The estimated local gambling tax
payments shall be submitted to the City Manager in quarterly installments for
the period ending March 31, June 30, September 30 and December 31. The
estimated payment,together with a copy of the organization's Minnesota State
Tax Payment Records containing sufficient data to enable the City to verify
the manner in which the organization calculated the local gambling tax
payment, shall be submitted to the City Manager on or before the 20th day of
the month following the end of the quarter.
(C)Reconciliation. On or about January 20th of each year,the City shall
calculate its actual expenses incurred for the purpose of regulating gambling
activities with the City. In the event that the City's actual expense is less than
the local gambling tax paid by an organization,the City shall adjust the
succeeding quarterly gambling tax payment for such organization or refund
the difference to the organization, at the City's option.
708.050 Lawful Gambling Fund.
Section 708. Charitable Gambling 708-2
City of Shoreview Municipal Code Chapter 700. Licensing
(A)Payment Required. All organizations having a premises permit to conduct
lawful gambling within the City of Shoreview shall contribute ten percent
(10%)of the net profits derived by the organization from lawful gambling
activities conducted with the City of Shoreview to a special fund to be
administered by the Shoreview City Council for lawful purposes.
(B)Collection. The lawful gambling fund payment shall be submitted to the City
Manager in quarterly installments for the periods ending March 31,June 30,
September 30, and December 31. The lawful gambling fund payment,
together with a copy of the organization's Minnesota State Tax Payment
Records containing sufficient data to enable the City to verify the manner in
which the organization calculated the lawful gambling fund payment, shall be
submitted to the City Manager on or before the 20th day of the month
following the end of the quarter.
708.060 Trade Area and Restrictions. An organization, licensed to conduct lawful
gambling within the City of Shoreview, shall expend all of its net profit on lawful
purposes conducted or located within the trade area.
708.070 Prize Restrictions.
(A) Bingo. Except for a cover-all game,the maximum cash and/or merchandise i
prize for a single bingo game shall not exceed$50.00. The maximum cash
and/or merchandise prize for a cover-all game shall not exceed $100.00. The
total of all cash and/or merchandise prizes awarded at a bingo occasion shall
not exceed$1,500.00. Merchandise prizes must be valued at their fair market
value.
(B) Paddlewheels and Tiboards. The maximum cash and/or merchandise prize
awarded for a single spin of a paddlewheel or a single tipboard shall not
exceed$50.00. The total of all cash and/or merchandise prizes awarded in a
single day for the operation of paddlewheels and/or tipboards shall not exceed
$500.00.
(C) Raffles. The total of all cash and/or merchandise prizes awarded in any
calendar year by an organization for a raffle shall not exceed$30,000.00.
Merchandise prizes must be valued at their fair market value.
(D)Pull-tabs. Prize and bet limitations for pull-tabs may not exceed the amounts
contained in the regulations adopted by the Minnesota Charitable Gambling
Control Board.
Section 708, Charitable Gambling 708-3
Attachment G :
City of Spring Lake Park
City Code Section 115.01 Lawful Gambling
December 17, 2012—City Council Work Session
City of Arden Hills
-AVEN HMLS
Spring Lake Park, MN Code of Ordinances
115.04 Premises permits and bingo hall licenses;procedures
115.05 Contributions
115.06 Law enforcement and administrative costs
115.07 Gambling exempt from state licensing requirements
115.08 Violations
115.09 Enforcement responsibility
TITLE XI: BUSINESS REGULATIONS/CHAPTER 115: AMUSEMENTS /LAWFUL
GAMBLING
LAWFUL GAMBLING
TITLE XI: BUSINESS REGULATIONS/CHAPTER 115: AMUSEMENTS/LAWFUL
GAMBLING/§ 115.01 PURPOSE.
§ 115.01 PURPOSE.
The purpose of this subchapter is to regulate and control the conduct of lawful gambling
in the city by providing standards and criteria related to the approval or denial of premises
permits as required by M.S. § 349.213, as it may be amended from time to time.
(1976 Code, § 47A.01)
TITLE XI: BUSINESS REGULATIONS/CHAPTER 115: AMUSEMENTS/LAWFUL
GAMBLING/§ 115.02 DEFINITIONS.
§ 115.02 DEFINITIONS.
For the purpose of this subchapter,the terms defined in M.S.A. § 349.12, as it may be
amended from time to time, are incorporated herein and by reference. For the purpose of this
subchapter,the following definitions shall apply unless the context clearly indicates or requires a
different meaning.
BOARD. The State Gambling Control Board.
CLASS OF LICENSE.
(1) A Class A, B, C, or D license issued by the Board as authorized under
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M.S.A. § 349.16 as it may be amended from time to time, and further defined as follows:
(a) A Class A license authorizes all forms of lawful gambling;
(b) A Class B license authorizes all forms of lawful gambling except
bingo;
(c) A Class C license authorizes bingo only; and
(d) A Class D license authorizes raffles only.
(2) No premises licensed hereunder shall be issued more than one license in
any one class.
LAWFUL GAMBLING. The operation, conduct, or sale of bingo, raffles, paddlewheels,
tipboards, and pulltabs as regulated by M.S. Ch. 349, as it may be amended from time to time.
ORGANIZATION. Any fraternal, religious, veterans', or other non-profit group which
has at least 15 active dues-paying members, is operating within the city, and either has been duly
incorporated in this state as a non-profit organization for the most recent three years, or has been
recognized by the I.R.S. as exempt from income taxation for the most recent three years, as
defined in M.S.A. § 349.12 as it may be amended from time to time.
ORGANIZATIONAL LICENSE. A license for lawful gambling issued by the Board.
PREMISES PERMIT. A permit issued by the Board to an organization as defined
herein, after approval by a City Council resolution. A PREMISES PERMIT shall designate the
location of an organization's lawful gambling activities.
TRADEAREA. This city and each city contiguous to this city.
(1976 Code, § 47A.02)
TITLE XI: BUSINESS REGULATIONS /CHAPTER 115: AMUSEMENTS /LAWFUL
GAMBLING/§ 115.03 LAWFUL GAMBLING; CRITERIA.
§ 115.03 LAWFUL GAMBLING; CRITERIA.
Lawful gambling as regulated by M.S. Ch. 349, as it may be amended from time to time,
is permitted in the city if the organization conducting these activities meets the following
criteria:
(A) It is licensed by the State Gambling Control Board;
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(B) It has maintained an address within the city for at least three years prior to the
application;
(C) No organization may conduct lawful gambling at more than three locations within
the city;
(D) The organization must strictly adhere to the requirements of this subchapter;
(E) Organizations which lawfully conducted gambling in the city before the effective
date of this subchapter are not required to submit applications before the date of their next
license or permit renewal; however, all organizations must comply with the terms of this
subchapter immediately upon its passage and publication; and
(F) Premises authorized to conduct lawful gambling in the city must have an on-sale
or off-sale liquor license or a club license permitting liquor on the premises.
(1976 Code, §47A.03) Penalty, see § 10.99
TITLE XI: BUSINESS REGULATIONS/CHAPTER 115: AMUSEMENTS/LAWFUL
GAMBLING/§ 115.04 PREMISES PERMITS AND BINGO HALL LICENSES;
PROCEDURES.
§ 115.04 PREMISES PERMITS AND BINGO HALL LICENSES; PROCEDURES.
I
(A) An organization applying to the Gambling Control Board for a premises permit,
bingo hall license, or for the renewal of the same,to conduct lawful gambling in the city shall,
within ten days of making the application, file the following with the city:
(1) A duplicate copy of the Gambling Control Board application along with
all supporting documents submitted to the Gambling Control Board;
(2) A copy of the articles of incorporation and bylaws of the organization;
(3) The names and addresses of all officers and directors of the organization;
(4) A copy of the organization's written procedures and criteria for
distribution of funds derived from lawful gambling, its standardized application form, and its
written fiscal control procedures;
(5) A copy of the I.R.S.'s tax exempt letter;
(6) Confirmation that no employee or principal officer of the organization has
been convicted of a felony. No employee or organization whose principal officers and
employees with a felony conviction, shall be employed in a gambling-related activity by any
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permitted organization;
(7) All organizations must show proof that they have a gambling manager
trained in accordance with the requirements of M.S. § 349.167, as it may be amended from time
to time (Laws, 1990); and
(8) A copy of the gambling organization's lease, which must be for a two-year
period, shall be submitted to the city for approval.
(B) Upon receipt of the materials required by division(A)above, city staff shall
investigate the applicant, and based upon the investigation,the City Council shall act on the
application within 30 days.
(C) The action of the City Council to approve an applicant for a premises permit or
bingo hall license within the city shall be by resolution. Failure to receive a majority affirmative
vote of the City Council shall constitute a denial of the application.
(D) Copies of the monthly financial statements filed by the organization with the
Gambling Control Board,as defined in M.S. § 349.154, as it may be amended from time to time,
shall be filed with the city within ten days of filing those materials with the Gambling Control
Board.
(E) To assure compliance with this subchapter,the city may require a premises permit
holder or bingo hall licensee to provide copies of his or her records described in M.S. § 349.19,
as it may be amended from time to time.
(F) A premises permit issued by the city under this section may be suspended or
revoked by the city for violation of this subchapter or for failure to meet the qualifications set out
in this subchapter, or for a willful violation of any part of this subchapter, or for a failure to
comply, for any reason,with any provision, guarantee,or claim made in an applicant's original
license application to the city or the state.
(G) No license or permit issued by the city, including any bingo hall license, grants
the licensee a property right or entitlement to the license or permit. The city may refuse to issue,
renew, or revoke the license or permit for any reason and will not incur liability for any damages
including but not limited to direct, consequential, or incidental damages, deprivation of property,
loss of income, loss of profits, or loss of livelihood.
(H) All Class A and Class B licensees and permittees in the city shall use an approved
independent accounting firm for their annual audits related directly to lawful gambling and
charges as an allowable expense of the gambling operation. Further, all Class A and Class B
licensees and permittees, at their discretion, may use an independent accounting firm to perform
other accounting, bookkeeping, and tax preparation services related directly to lawful gambling
and charges as an allowable expense of the gambling operation. All agreements providing for
this type of services shall be in writing and shall be submitted to the city as part of the
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application for review by the city to determine compliance with local and state regulations and
laws. Any such agreements entered into or modified after issuance of a license or permit shall be
filed with the city prior to the new agreement or modification becoming effective. The initial
approval and the continuance of a license or permit is contingent upon these agreements
complying with this subchapter and state statutes and regulations. It shall be unlawful for the
premises owner to provide accounting or bookkeeping services to the licensee, directly or
indirectly.
(I) All licensees and permittees in the city will assure continuous and active
management of the gambling operation by members of the organization and will not delegate
managerial responsibilities; all licensees and permittees will work continuously to operate in the
most efficient manner to increase the amount of available lawful proceeds and will maintain the
lowest possible costs and will encourage and use volunteers to the fullest extent possible.
(1976 Code, §47A.04) Penalty, see § 10.99
TITLE XI: BUSINESS REGULATIONS/CHAPTER 115: AMUSEMENTS /LAWFUL
GAMBLING/§ 115.05 CONTRIBUTIONS.
§ 115.05 CONTRIBUTIONS.
Each organization conducting lawful gambling within the city shall contribute a
minimum of 60%of its net profits to organizations outside of itself within the city's trade area as
defined in § 115.16.
(1976 Code, § 47A.05) Penalty, see § 10.99
TITLE XI: BUSINESS REGULATIONS/CHAPTER 115: AMUSEMENTS/LAWFUL
i
GAMBLING/§ 115.06 LAW ENFORCEMENT AND ADMINISTRATIVE COSTS.
§ 115.06 LAW ENFORCEMENT AND ADMINISTRATIVE COSTS.
(A) All organizations conducting lawful gambling within the city shall,within 30
days of the end of the month,pay to the city an amount equal to 3%of the gross receipts from
lawful gambling conducted in the city in that month, less amounts actually paid for prizes,to
cover the city's law enforcement and administrative costs in regulating lawful gambling. Any
unused portion of this money will be paid back annually in accordance with M.S. § 349.213, as it
may be amended from time to time.
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(B) The city may investigate the criminal history and background of an applicant for a
premises permit or license pursuant to this subchapter.
(1976 Code, § 47A.06) Penalty, see § 10.99
TITLE XI: BUSINESS REGULATIONS/CHAPTER 115: AMUSEMENTS/LAWFUL
GAMBLING/§ 115.07 GAMBLING EXEMPT FROM STATE LICENSING
REQUIREMENTS.
§ 115.07 GAMBLING EXEMPT FROM STATE LICENSING REQUIREMENTS.
(A) Organizations which conduct lawful gambling which are exempt from state
gambling licensing requirements may conduct that gambling within the city upon receipt of a
permit from the city, except this requirement does not apply to door prizes, raffles, and bingo
where total prizes are less than an amount set forth in the fee schedule.
(B) An application for this type of permit, along with a fee in the amount set from
time to time by Council resolution, shall be made at least 30 days prior to the date the gambling
is to be conducted. The application shall contain the following:
(1) The name of the organization;
(2) The address of the organization;
I
(3) The place where the gambling will occur; and
(4) The total prizes to be awarded.
(C) Within 30 days of filing any reports with the Gambling Control Board, the
organization shall file a copy of those reports with the city.
(D) The provisions relating to law enforcement and administrative costs set forth in §
115.20 shall not apply to gambling permitted pursuant to this section. All other provisions of
this subchapter apply to these organizations.
(1976 Code, § 47A.07) Penalty, see § 10.99
TITLE XI: BUSINESS REGULATIONS/CHAPTER 115: AMUSEMENTS /LAWFUL
GAMBLING/§ 115.08 VIOLATIONS.
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§ 115.08 VIOLATIONS.
It shall be a misdemeanor to carry on any lawful gambling activity without a valid
premises permit. Nothing in this section shall preclude the city from enforcing this subchapter
by means of any appropriate legal action.
(1976 Code, § 47A.08) Penalty, see § 10.99
TITLE XI: BUSINESS REGULATIONS/CHAPTER 115: AMUSEMENTS /LAWFUL
GAMBLING/§ 115.09 ENFORCEMENT RESPONSIBILITY.
§ 115.09 ENFORCEMENT RESPONSIBILITY.
Nothing in this subchapter shall be construed to require the city to undertake any
responsibility for enforcing compliance with M.S.A. Ch. 349 other than those provisions related
to the issuance of premises permits as required in M.S.A. § 349.213, as these statutes may be
amended from time to time.
(1976 Code, § 47A.10)
TITLE XI: BUSINESS REGULATIONS/CHAPTER 116: VEHICLES FOR HIRE
CHAPTER 116: VEHICLES FOR HIRE
Section
Taxicabs
116.01 License required
116.02 License application
116.03 License issuance; fee; term
116.04 Termination of license
116.05 Records required
TITLE XI: BUSINESS REGULATIONS/CHAPTER 116: VEHICLES FOR HIRE/
TAXICABS
American Legal Publishing Corporation 253
Attachment H :
City of Vadnais Heights
City Code Chapter 127 Lawful Gambling
December 17, 2012—City Council Work Session
City of Arden Hills
EN HILLS
LAWFUL GAMBLING
Chapter 127
127.Lawful Gambline
127.010 Lawful Gambling Permitted. The City of Vadnais Heights hereby reserves all rights to regulate
lawful gambling,pursuant to Minnesota Statutes Chapter 349,as it may be amended from time to
time,including the right to approve premises permits or bingo hall licenses for lawful gambling
subject to the conditions the City Council deems necessary,in its sole discretion,for protection of
the public health,safety,and welfare. Lawful gambling is permitted in the City if the
organization conducting such activities meets the following criteria:
(1) Is licensed by the Minnesota Gambling Control Board.
(2) Maintains an address within the Vadnais Heights Trade Area,as defined in Section
127.090.
(3) Has been in existence at least three(3)consecutive years prior to the date it begins its
gambling operations.
(4) At least fifty percent(50%)of the organization's members reside in the Vadnais Heights
Trade Area. However,this requirement shall not be applicable to organizations conducting
lawful gambling in the City as of May 1,2002.
(5) Complies with all of the provisions of this Chapter and State law.
127.020 Number of Licenses and Permits.
(1) The maximum number of bingo hall licenses issued pursuant to Minn. Stat.Section
349.164 within the City shall be one(1). The license shall be limited to the location and to
the owners specified on the license. Any change of location or ownership without the
approval of the City shall result in the termination of the license.
(2) The maximum number of Class A premises permits issued for conducting gambling at the
bingo hall location shall be five(5). In the event the bingo hall license terminates,the Class
A permits shall simultaneously terminate.
127.030 Approval of Licenses. Any organization applying to the Gambling Control Board for a premises
permit,bingo hall license or for the renewal of such permit or license to conduct lawful gambling
in the City shall,within ten(10)days of making such application,file the following with the City:
(1) A duplicate copy of the Gambling Control Board application along with all supporting
documents submitted to the Gambling Control Board.
(2) A copy of the Articles of Incorporation and Bylaws of the organization.
(3) The names,addresses,drivers license numbers,positions held in salary including benefits
of all officers,directors,employees,members or consultants of the organization. A written
statement with this information shall be filed with the City on a quarterly basis once the
premises permit has been approved.
(4) A copy of the organization's written procedures and criteria for distribution of funds
derived from lawful gambling,its standardized application form,and its written fiscal
control procedures.
(5) A copy of the Internal Revenue Services tax exempt letter.
(6) Confirmation that no director,officer,employee,or member of the governing body,has
been convicted of any felony,or of a gross misdemeanor involving theft,dishonesty,false
statement,the sale,use or possession of a controlled substance,or any level of assault.
(7) Confirmation that no director,officer,employee,member of the governing body or
consultant of the organization has had a license issued by the Gambling Control Board
revoked for a violation of law or rule regulating lawful gambling.
127-1
(8) A copy of an audit by an independent certified public accountant for the 12-month period
immediately preceding the application.
(9) A list of the names and addresses of all financial institutions used by the organization for
the deposit or withdrawal of charitable gambling proceeds,along with the name and
address of the account holder,account number,and type of account held at the financial
institution.
127.040 Investi ation. Upon receipt of the materials required by Section 127.030,and not later than sixty
(60)days from receipt of notice from the Gambling Control Board,City staff shall investigate the
applicant,and based upon said investigation,the City Council shall act on the application.
127.050 Approval of Application. The Gambling Control Board shall be notified of the approval of a
premises permit or bingo hall license by copy of the City Council resolution approving the permit
or license. Failure to receive a majority affirmative vote of the City Council shall constitute a
denial of the application.
127.060 Continuing_Regulation of Charitable Gambling Organizations.
(1) Copies of all reports or documents which are required to be filed with the Gambling
Control Board by an organization,subsequent to licensing and the approval of a premises
permit,including monthly financial statements,shall be filed with the City within ten(10)
days of the filing of such materials with the Gambling Control Board.
(2) To assure compliance with this Chapter,the City may require a premises permit-holder or
bingo hall licensee to provide copies of any records required to be maintained by Minnesota
Statutes Chapter 349.
(3) The holder of a premises permit-holder or bingo hall licensee shall notify the City in
writing of any change in its officers,directors,employees,members of the governing body,
or consultants,within ten(10)days of any change in the identity of those individuals. The
organization shall also provide,along with the written notice,the confirmation required by
Section 127.030,subd.(6)and(7).
(4) All licensees and permittees in the City shall use a certified public accounting firm for an
annual financial audit of its lawful gambling activities and funds. The audit must comply
with the standards prescribed by the Gambling Control Board,and must provide for the
reconciliation of the organization's gambling account or accounts,with the organization's
reports filed pursuant to Minn. Stat. Section 349.19,subd.5,and Minn. Stat. Section
349.154. The filing of a copy of the audit submitted to the Gambling Control Board
pursuant to Minn. Stat. Section 349.19 shall be sufficient to satisfy this requirement, if the
audit complies with this Section.
(5) The organization shall submit an audit by an independent certified public accountant to the
City on an annual basis. The audit shall be delivered to the City no later than six(6)
months from the end of the organization's fiscal year,or the date of filing of the audit with
the Gambling Control Board,whichever is sooner.
(6) A premises permit approved by the City under this Chapter may be suspended by the City
for violation of this Chapter,or revoked for failure to meet the qualifications described in
this Chapter,or for a violation of any part of this Chapter,or for failure to comply,or for
any reason,with any provision,guarantee,or claim made in any applicant's original license
application to either the City or the State of Minnesota.
(7) No license or permit approved by the City,including any bingo hall license,grants the
licensee property right or entitlement to a license or permit. The City may refuse to issue,
renew,or may revoke the license or permit for any reason,and will not incur liability for
any damages,including,but not limited to,direct,consequential,or incidental damages,
deprivation of property,loss of income,loss of profits,or loss of livelihood.
127-2
(8) The holder of a premises permit or bingo hall license shall notify the City,in writing,of any
change in the information required under Section 127.030(8)within ten(10)days. As a
condition of the approval of a premises permit or bingo hall license,a licensee shall consent
to the access of its financial records by the City,and failure to consent to the access of these
records shall be grounds for the revocation or suspension of the premises permit or bingo
hall license.
(9) On or before the one(1)year anniversary of the issuance of a premises permit or bingo hall
license,the City Council shall hold a formal review of the licensee's or permit holders'
compliance with this Chapter,and/or Minnesota Statutes. Bingo hall licensees are one(1)
year licenses and are reviewed annually. Upon a finding of non-compliance,the City may
revoke or suspend a bingo hall license,organizational license,or premises permit.
127.070 Required Conditions. Each organization conducting lawful gambling within the City shall
contribute at least ten percent(10%)of its net profits derived from lawful gambling in the City to
a fund administered and regulated by the City without cost to the fund,for disbursement by the
City for lawful purposes as defined by Minn. Stat. Section 349.12,subd.25. The City's use of
these funds shall be one hundred percent(100%)to the Community Service Fund. For the
purposes of this Section,net profits are defined as gross profits less reasonable sums actually
expended for allowable expenses. Each organization will be required to remit the contribution
required under this Section to the City for net profits for the preceding month,within thirty(30)
days of the last day of the preceding month.
127.080 Law Enforcement and Administrative Costs. A local gambling tax may be imposed on all
organizations licensed to conduct lawful gambling within the City. No local gambling tax will be
imposed in 2007. In future years,the City Council shall determine annually at its first meeting in
January whether or not such gambling tax will be charged in that year. The tax may not exceed
three percent(3%)of the organization's gross profit from gambling activities within the City.
Proceeds of the tax shall be placed in a special fund to be administered by the City to be utilized
solely for the purpose of regulating all gambling activities within the City,including,but not
limited to,the reimbursement of the City's administrative,legal,law enforcement and consulting
costs.
127.090 Trade Area. The Vadnais Heights Trade Area is defined as the corporate boundaries of the City
of Vadnais Heights and the boundaries of each city and town contiguous to the City of Vadnais
Heights. Fifty percent(50%)of the net profits from lawful gambling conducted within the City
of Vadnais Heights shall be expended on lawful purposes conducted within the Vadnais Heights
Trade Area,of which a minimum of fifty percent(50%)is expended within the City limits of
Vadnais Heights. The percentage expended within Vadnais Heights corporate limits for an
organization may be lowered to an individual organization by council resolution on an annual
basis if determined by the City Council to be in the best interest of the greater community.
127.100 Gambling-Egypt from State Licensing Requirements.
(1) Organizations which conduct lawful gambling which is exempt from State gambling
licensing requirements may conduct such gambling within the City upon receipt of a permit
from the City,except this requirement does not apply to door prizes or raffles and bingo,
where total prizes are less than seven hundred and fifty dollars($750.00)in a calendar year.
(2) An application for such a permit,along with the required fee,shall be made at least thirty
(30)days prior to the date such gambling is to be conducted. The required fee shall be
established annually in the City's fee register. The application shall contain the following:
(a) The name of the organization.
(b) The address of the organization.
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(c) The place where such gambling will occur.
(d) The total prizes to be awarded.
(3) Within thirty(30)days of filing any reports with the gambling control board,the
organization shall file a copy of such reports with the City.
(4) The provisions relating to law enforcement and administrative costs set forth in Section
127.080,shall not apply to gambling permitted pursuant to this Section. All other
provisions of this Chapter shall apply to such organizations.
(Source: Ord.246;Ord.329;Ord. 540;Ord.561;Ord.585, 1-16-2007)
revised 012507
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