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HomeMy WebLinkAbout9A, Resolution 2013-013 Approving a Premise Permit Application for Spring Lake Park Lions for Charitable Gambling -AIPEN HILLS Request for Council Action 9A ................. i i Prepared By: Amy Died,Deputy Clerk i Council Meeting Date: January 28,2013 Resolution 2013-013 Approving a Premise Permit Application for Spring Lake Park Lions for Charitable Gambling License at Welsch's Big Ten Tavern Budgeted Amount: Actual Amount: Funding Source: NA NA NA Recommendation: Approve Resolution 2013-013 to extend the premise permit application for Spring Lake Park Lions for charitable gambling license at Welsch's Big Ten Tavern. �I Supporting Documents: 1. Memorandum from Amy Dietl, Deputy Clerk, dated January 28, 2013. 2. Attachment A: Resolution 2013-013 3. Attachment B: Letter from Spring Lake Park Lions 4. Attachment C: LG215 Lease for Lawful Gambling Activity 5. Attachment D: Charitable Gambling Premise Permit Application Form �-AR�EN HILLS MEMORANDUM DATE: January 28,2013 TO: Honorable Mayor and Councilmembers Patrick Klaers, City Administrator FROM: Amy Dietl, Deputy Clerk SUBJECT: Resolution 2013-013—Approving a Premise Permit Application for Spring Lake Park Lions for Charitable Gambling at Welsch's Big Ten Tavern BacklZround A premise permit application from the Spring Lake Park Lions for charitable gambling at Welsch's Big Ten Tavern was received on November 21, 2012. It was originally brought to the City Council meeting on November 26, 2012, for consideration at which time the item was tabled for further discussion. After several work sessions and considerable discussion regarding Section 330.02 Gambling of the City Code, it is anticipated that the review process of City Code is complete and a decision may now be made regarding the Spring Lake Park Lions application. A successful background check has been completed by the Ramsey County Sheriff's Department, and staff is in possession of all the necessary paperwork required of the Spring Lake Park Lions. It should be noted that the letter originally received from the Lions states that they understand "that 60% of net profits must be donated into the trade area of Arden Hills". Staff has made the Lions aware of the anticipated adoption of the amendment to City Code taking place earlier in tonight's meeting which will require 75% of net profits to be donated going forward rather than the previously required 60%. I Recommendation Motion to approve Resolution 2013-013 approving a premise permit for Spring Lake Park Lions for charitable gambling at Welsch's Big Ten Tavern; license to expire June 30, 2015. Attachment A : Resolution 2013-013 January 28, 2013 —City Council Meeting City of Arden Hills EN HILLS ,-AVEN HILLS CITY OF ARDEN HILLS COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION NO. 2013-013 RESOLUTION APPROVING A PREMISE PERMIT APPLICATION FOR SPRING LAKE PARK LIONS FOR CHARITABLE GAMBLING AT WELSCH'S BIG TEN TAVERN NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Arden Hills, Minnesota,that the City agrees to approve a Charitable Gambling License for two years (expiring June 30, 2015),to the Spring Lake Park Lions at Welsch's Big Ten Tavern, 4703 Highway 10, Arden Hills, MN. ADOPTED BY THE CITY COUNCIL OF THE CITY OF ARDEN HILLS THIS 28TH DAY OF JANUARY ,2013. �I David Grant, Mayor ATTEST: Patrick Klaers, City Administrator Attachment B : Letter from Spring Lake Park Lions January 28, 2013 — City Council Meeting City of Arden Hills EN HILLS SPRING LAKE PARK LIONS 8433 Center Drive N.E, • Spring Lake Park, NON 55432 November 19, 2012 City of Arden Hills 1245 West Highway 96 Arden Hills, MN 55112 RE: Premise permit application at 'Welsch's Big Ten Tavern Dear Mayor and City Council Members, The Spring Lake Park Lions Club would Like to apply for a premise permit for charitable gambling at Welsch's Big Ten Tavern. We have a signed lease with the owner. We have applied with the Minnesota Gambling Control Board. We have attached copies of all documents and a check of$150.00 for an investigative fee, We do understand that there is a 3%tax on charitable gambling, a 10% fund administered by the city that is paid into quarterly and that 60% of net profits must be donated into the trade area of Arden Hills. The one thing our club does best is; we take care of the people and communities we live and work in. We cannot make promises to any individual or group on how the proceeds will be divided, but we can promise the communities that our Lions Club will go over and above any minimum requirements put in place. Our club motto is "We Serve". This means we will try and help all individuals and groups in the community we work in. I On behalf of the Spring Lake Park Lions Club, we appreciate your time and consideration to our proposal. Our club looks forward to hearing from your council and hope to be working with the City of Arden Hills very soon. Please contact me directly at(763) 784-9179 or sdonahue_usinternet.com with any questions or concerns. Sincere y, Sincerely, Shawn Donahue �ete Yelle Gambling Manager President Spring Lake Park Lions Spring Lake Park Lions I i I I I PRING LAKE PARK LIONS 8433 Center Drive N.E. • Spring Lake Park,MN 55432 November 19, 2012 City of Arden Hills 1245 West Highway 96 Arden Hills, MN 55112 RE: Certified Statement for lawful gambling Dear Mayor, City Council Members and City Administrator, Please take into consideration that these electronic games do not have a long history in which to make good sound estimates. We were involved in the introduction of this new product to the State of Minnesota. `We are the leader in the state when it comes to electronic games. We are basing our certified estimates for these new games on only two months. Our estimates for all of our lawful gambling gross receipts and prizes paid are as follows: Gross Receipts $450,000.00 Prizes Paid $382,500.00 Net Receipts $ 67,500.00 Please contact me directly at (763)784-9179 or sdonahueausinternet.com with any questions or concerns. Sincer ly, Sincerely, Shawn Donahue ete Yelle Gambling Manager President Spring Lake Park Lions Spring Lake Park Lions I I Attachment C : LG215 Lease for Lawful Gambling Activity January 28, 2013 —City Council Meeting City of Arden Hills EN HILLS MINNESOTA LAWFUL GAMBLING LG215 Lease for Lawful Gambling Activity Revised 5/12 Page 1 of 2 Organization LAddress License/site number Daytime phone Spring Lake Park Lions CenterDrive,Spring Lake Park,MN 55432 00584!??? 763-784-9179 Name of leased premises Street address City State Zip Daytime phone Welsch's Sig Ten Tavern 4703 Highway 10 Arden Hills MN 55112 651-633-7253 Name of legal owner Business/street address City State Zip Daytime phone - -'-A-' -� "- �i, r cl, 4703 Highway 10 Arden Hills MN F.5112 651-633-7253 Name of lessor[if same as legal owner,write in''SAME" Same Check applicable item: .New lease. Do not submit existing lease with amended changes. 1 ASAP Date that the changes will be effective. Submit changes at least 10 days before the effective date of the change. 2.New owner.Effective.date Submit new lease within 10 days after new lessor assumes ownership. U° Pull-tabs[paper] Electronic pull-tabs [must also sell paper pull-tabs] Pull-tabs [paper) with dispensing device Linked electronic bingo 7 F1 Bar bingo Bingo Electronic games may only be conducted at: (1)a premises licensed for the on-sale or off-sale of intoxicating liquor or 3.2 percent Tipboards malt beverages[but does not include a general food store or drug store permitted to sell Paddlewheel ❑Paddlewheel with table alcoholic beverages under Minn. Stat.340A.405,subdivision 1];or (2)a premises where bingo is conducted as the primary business and has a seating capacity of at least 100. 1M ai ALL GAMES, including electronic games Monthly rent to be paid, not to exceed 10 0lo of gross profits for that month. • Total rent paid from all organizations for only booth operations at leased premises may not exceed$1,750 per month. • The rent cap does not include BAR OPERATION rent. r, � �*.�Mew fE�� -. il - ELECTRONIC GAMES- Monthly rent to be paid, 15 %, not to exceed 15%of the gross profits for that month from electronic pull-tab games and electronic linked bingo games. ALL OTHER GAMES- Monthly rent to be paid, 20 °lo, not to exceed 20% of gross profits from ail other forms of lawful gambling. • Rent may not be paid for bar bingo. • Bar bingo does not include bingo games linked to other permitted premises. °o ON Bingo rent is limited to one of the followings • Rent to be paid, °lo, not to exceed 10% of the monthly gross profit from all lawful gambling activities held during bingo occasions, excluding bar`bingo. -OR- • Rate to be paid' $ per square foot,not to exceed 110%of a comparable cost per square foot for leased space,as approved by the director of the Gambling Control Board. The lessor must attach documentation, verified by the organization, to confirm the comparable rate and all applicable costs to be paid by the organization to the lessor. The lease may terminated by either party with a written 30 day notice. Other terms LG215 Lease for Lawful Gambling Activity Revised 5/12 Page 2 of 2 Lease Term-The term of this agreement will be concurrent with the other Prohibitions-The lessor will not impose restrictions premises permit issued by the Gambling Control Board (Board). on the organization with respect to providers(distributor or linked bingo game provider) of gambling-related equipment Management-The owner of the premises or the lessor will not and services or in the use of net profits for lawful purposes. manage the conduct of lawful gambling at the premises. The lessor,the lessor's immediate family, any person residing The organization may not conduct any activity on behalf of the lessor in the same residence as the lessor,and any agents or on the leased,premises. I employees of the lessor will not require the organization to Participation as Players Prohibited-Thelessor will not perform any action that would violate statute or rule. The - participate directly or indirectly as a player in any lawful gambling lessor must not modify or terminate this lease in whole or in conducted on the premises. The lessor's immediate family and any part due to the lessor's violation of this provision. If there is a dispute e to p whether a violation occurred,the lease will agents or gambling employees of the lessor will not participate as remain in effect pending final determination by the players in the conduct of lawful gambling on the premises,except Compliance Review Group;(CRG)of the Gambling Control as authorized by Minnesota Statutes 349.181. Board. The lessor agrees to arbitration when violation of this provision is alleged. The arbitrator shall be the CRG. Illegal Gambling The lessor is aware of the prohibition against illegal gambling in Minnesota Statutes 609.75, and the penalties for illegal gambling violations in Minnesota Rules 7865.0220,Subpart 3. Access to permitted premises-Consent is given to the In addition, the Board may authorize the organization to withhold Board and its agents, the commissioners of revenue and public rent for period of up to 90 days if the Board determines that safety and their agents; and law enforcement personnel to illegal gambling occurred on the premises or that the lessor or its enter and inspect thbasin permitted premises at any reasonable employees participated in the illegal garbling or knew of the time during the business hours of the lessor.The organization has access to the premises during any time reasonable and gambling and did not take prompt action to stop the gambling. when necessary for the conduct of lawful gambling. Continued tenancy of the organization is authorized without payment of rentduring the time period determined by the Board for violations Lessorrecords-The lessor must maintain a record of all of this provision,as authorized by Minnesota Statutes 349.18, money received from the organization,and make the record Subdivision 1(a�. available to the Board and its agents, and the commissioners of revenue and public safety and their agents upon demand. To the best of the lessor's knowledge,the lessor affirms that any The record must be maintained for 3-1/2 years. and all games or devices located on the premises are not being used, and are not capable of being used,in a manner that violates the Rent all-inclusive-Amounts paid as.rent by the organization prohibitions against illegal gambling in Minnesota Statutes 609.75. to the lessor are all-inclusive. No other services or expenses provided or contracted by the lessor may be paid by the Notwithstanding innesota Rules 7865.0220 Subpart an g g g P organization, including but not organization must continue making rent payments under the terms trash removal janitorial and cleaning services Hof. ;lease,if the gorgaanization orits'agents are found to be solely _electricity,heat -other utilities or services ;_rem nsible for an illegal gambling, conducted at this site, that is ow'removal - lawn services ;prohibited by Minnesota Rules 7861.0260, Subpart 1,item H or -storage -security,security monitoring Minnesota Statutes 609.75, unless the organization's agents cost of any communication network or service required to responsible for the illegal gambling activity are also agents or conduct electronic pull-tabs games or electronic bingo employees of the lessor. - in the case of bar operations,cash shortages. Any other expenditures made by an organization that is related The lessor must not modify or terminate the lease In whole or in to a leased premises must be approved by the director of the part because the organization reported,to a state or local law enforcement authority or the Board,the conduct of illegal gambling Gambling Control Board. Rent payments may not be made to an individual. activity at this site in which the organization did not participate. I affirm:.that this lease is the total and only agreement between the lessor and the organization, and that ail okrligations and agreements are contained in ar attached,to this_lease and are subject to,the approval of the director of the Gambling Control Board. Other terms of the lease SignatW,e of lessor Date Si natu"re of ga tion'o icial [lessee] Date Z A) Print n 1me and itie of lessor Print na e an title of lessee Shawn Donahue - Gambling Manager Questions? Contact the Licensing Section, Gambling Control Board, at 651-639-4000.This publication will be made available in alternative format(i.e. large print, Braille) upon request. Data privacy notice: The information requested on this form and any attachments will become public information when received by the Board, and will be used to determine your compliance with Minnesota statutes and rules governing lawful gambling activities. MINNESOTA LAWFUL GAMBLING 7/12 Page 1 of 2 LG214 Premises Permit Application Annual Fee $150 Required Attachments to LG214 1. If the premises is leased, attach a copy of your lease. Mail the application and required attachments to: UseLG215 Lease for Lawful Gambling Activity. Gambling Control Board 2. $150 annual premises permit fee, for each permit. 1711 West County Road B, Suite 300 South Make check payable to "State of Minnesota." Roseville, MN 55113 Questions? Call 651-639-4000 and ask for Licensing. Organization Information 1. Organization name 5�'t' � t.. ,._ Zr–, Lj&hh License number' 2. Chief executive officer(CEO) " " .. -L – Daytime phone -7o--744-91,_ 3. Gambling manager '`_HAWt b09t!_}4L)4 Daytime phoneme Gambling Premises Information 4. Current name of site where gambling will be conducted ) -- i 5. List any previous names for this location l 6. Street address where premises is located -1Q3, 11WAY LD Do not use a P.O.box number or mailing address. 7. City Township County Zip code OR S. Does your organization own the building where the gambling will be conducted? _,Yes No If no, attach LG215 Lease for Lawful Gambling Activity. A lease is not required if only a raffle will be conducted. 9. Is any other organization conducting gambling at this site? Yes — No — Don't know 10. Has your organization previously conducted gambling at this site? _Yes X._ No _ Don't know Gambling Bank Account Information. Must be in Minnesota. 11. Bank name 12. Bank street address City Sta 9455 LA N All Temporary and Permanent Off-site Storage Spaces 13. Address (Do not use a P.O. box number) City State Zip code MN 14. Address (Da not use a P.O. box number) City State Zip code MN LG214 Premises Permit Application 7/12 Page 2 of 2 Acknowledgment by Local Unit of Government: Approval by Resolution CITY APPROVAL COUNTY APPROVAL for a gambling premises y` , ` for a gambling premises located within city limits> located in a township City name County name Date approved by city council Date approved by county board Resolution number Resolution number Signature of city personnel Signature of county personnel Title' Date signed Title Date signed TOWNSHIP NAME Complete below only if required by the county. On behalf of the township, I acknowledge that the organization is applying to conduct gambling activity within the township limits. [A township has no statutory authority to approve or deny an application, per Minnesota Statutes 349.213, Subd. 2.] Print township name Signature of township officer Title Date i Acknowledgment and Oath 1. I hereby consent that local law enforcement officers, 5. I am the chief executive officer of the organization. the Board or its agents, and the commissioners of 6. I assume full responsibility for the fair and lawful revenue or public safety and their agents may enter operation of all activities to be conducted. and inspect the premises. 7. I will familiarize myself with the laws of Minnesota 2. The Board and its agents, and the commissioners governing lawful gambling and rules of the Board and of revenue and public safety and their agents are agree, if licensed,to abide by those laws and rules, authorized to inspect the bank records of the including amendments to them. gambling account whenever necessary to fulfill 8. Any changes in application information will be submitted requirements of current gambling rules and law. to the Board no later than 10 days after the change has 3. I have read this application and all information taken effect. submitted to the Board is true, accurate, and 9. I understand that failure to provide required information complete. or providing false or misleading information may result 4. All r ire` infor do h s be fully disclosed. in the denial or revocation of the license. 1- L 2- Signat a of Ch' Exfe'cu a officer(designee .*may not sign) Date Print name " s,f, Data privacy notice:The information requested on this Board.All other information provided will be Safety; Attorney General;Commissioners form(and any attachments)will be used by the Gambling private data about your organization until of Administration,Minnesota Management Control Board(Board)to determine your organization's the Board issues the permit.When the &Budget,and Revenue; Legislative qualifications to be involved in lawful gambling activities in Board issues the permit,all information Auditor, national and international gam- Minnesota,Your organization has the right to refuse to provided will become public.If the Board bling regulatory agencies; anyone pursuant supply the information; however,if your organization does not issue a permit,all information to court order; other individuals and refuses to supply this information,the Board may not be provided remains private,with the excep- agencies specifically authorized by state able to determine your organization's qualifications and, tion of your organization's name and or federal law to have access to the as a consequence,,may refuse to issue a permit.If your address which will remain public. information; individuals and agencies for organization supplies the information requested,the Board Private data about your organization are which law or legal order authorizes a new will be able to process your organization's application, available to: Board members, Board staff use or sharing of information after this Your organization's name and address will be public infor- whose work requires access to the infor- notice was given; and anyone with your mation when received by the mation; Minnesota's Department of Public written consent. This form will be made available in alternative format, i.e, large print, Braille, upon request. Attachment D Charitable Gamblin g Premise Permit Application 'I i January 28, 2013 —City Council Meeting City of Arden Hills i -AF,DEN,HILLS City of Arden Hills License No. 1245 West Highway 96 Receipt No. Arden Hills, Minnesota 55112 Amount Paid _AVEN HILLS Phone: 651,792.7800 Date Recvd. Fax: 651.634.5137 Ins. Cert. www.cLarden-hills.mmus M Total Fee Paid 2013 Charitable Gambling Application Form Information (all fields are required) Business Name: FA)ZiZ We>i4S Property Address: Oz1vf- I-Ak::-F PA-P-k� MAI S�.,54 3-;Z- Date of Event: ;1 Yak Gambling type: t J Local Contact: Business Phone: Business Fax: Email Address: e Address: Federal 1D#: Please submit the following forms with your application: *Correspondence with event details and description of organization *Form L Premise Permit Application Authorized Signature Date it II