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HomeMy WebLinkAbout284 I , STATE OF MINNESOTA . COUNTY OF RAMSEY CITY OF ARDEN HILLS ORDINANCE NO. 284 AN ORDINANCE TO THE CITY OF ARDEN HILLS CITY CODE RELATING TO THE REGULATION OF CHARITABLE GAMBLING. The Arden Hills City Council ordains that Section 4-43 of the Arden Hills Municipal Code shall be amended to read as follows: Section 4-43. Net Profit Expenditure Requirement. An organization permitted to conduct lawful gambling within the City shall expend "-0 % of its net profits on lawful purposes conducted or located ? within the trade area and/or to support the activities of a governmental entity within Ramsey County, Minnesota. Effective Date. This ordinance shall be effective the day following its publication and the provisions of Section 4-43 shall be applied retroactively to January 1, 1991. . Adoption Date. Passed by the City Council of the City of Arden Hills this 30th day of December , 1991 . ~bA {JL Thom s Sather, Mayor ATTEST: Gar~ge~ 8~_ Cler Administrator Publication Date. Published on the ::9tn of January 1992 . , B\J\ORD\AHQRD.2 12/11/91. . 1 ;CUNC,L Minu~ ORD• #284; Council was referred to the me.morandtnn fram the Clerk ;;~,TEO D 0-1ARITABLE Adninistrator dated 12-26-92, relating to the proposed ~ GP'MBLING REGULA'1'IONS amenchnP.nt to the Charitable Gambling Ordinance definition of the "Trade Area". The Clerk reviewed the two options for Council consideration, as outlined in the 12-11-91 lettex from Attorney Filla; 1. Selection of a percentage amount requirement other than the currently requested 50 percent experxiiture within the trade area and expandinq the trade area to include support of govexmne.nt entities within Ramsey County; or 2. Repeal the current trade area regulations entirely. Hicks moved, seconded by Mahowald, to amerdne.nt Ordinance No. 284, SECTION 443, RELATIlNG To THE RDGiJLATION OF CE1ARITABLE GANIBLING, retaining the 50 percent expei-iditure in the trade area and adding language supporting the activities of a goverr~ne,ntal entity within Ramsey County. Motion carried unanimously. (5-0) / CoUNCILMiKUHs ORD• #284; AMEND Council was referred to the mernorandlnn from the Clerk TEp Q3AR. GANIBLING Adtrninistrator date3 12-5-91 and attachments, relat3rig to ADE ARFA amerxiing the Charitable Gambling Ordinance def inition of Trade Area. Mayor Sather advised the Trade Area is currently established as Arden Hills and cities whose boundaries are contiguous to Arden Hills. He explained the proposed amerx3nent is to add to the current definition all governmental entities within Ramsey County, which considerablY expancLs spending oPportunities for the charities conductirig charitable gamblirig activities in Arden Hills. Councilmember Malone questioned if the amendnent requires four affinnative votes by Council. Attorney Filla stated three affirmative votes are required for this type of an amerdment to the Code. Malone questioned if the trade area should be defined and ixidicated he has no strong inclinations either way on this issue.. Counci]uember Hicks agreed that he has no strong feelirigs relatirig to the definition of the trade area. Mayor Sather asked if there was anyone present who wished to be heard regarclitg this 'matte.r . ' Minutes of the Arden Hills Regular Council Meeting, 12/09/91 , Page 4 ORD (Cont'd) David Burris, Administrator of the Ramsey County Nursirig Hame, outlined the riursing hame programs which az'e funded by contributions fram the Concordia Siriging Society. He favored the amenc3nent to the Trade Area definition, based on the fact the fund.s received fram Concordia Singing Society provide beneficial programs to nursing home residents and reduce the tax rates for Ramsey County residents by loweririg the operating budget. Burris ind.icated approximately $100,000.00 is contributed to the nursing home and that without the funding from Concordia, several nursing hame programs would probably be eliminated. Councilme.mber Hicks indicated the records show contributions in the amount of $69,000.00 and questioned if the monies were raised at the An3en Hills bingo operation. Burris noted the contributions from Concordia for 1991 are lowex than previous years, based on the Arden Hills regulation that monies be spent within the trade area. Cliff Aichinger, Treasurer of St. Paul Turner's, and Russell Goocbman, President, wexe present. Aichinger stated the proposeci language c.iange only e-vpands the trade area to other,govexrnnental entities in RanLSey County. He encouraged Council to considex expanding the area furthex to benefit all residents of Ramsey County. Aichinger explai.ned that the Arden Hills bingo operation is visited by pexsons from the entire metropolitan area. He advised that ftuxls raised at the hall by T~.irner's have gone directly to benefit youth from an extensive area. Aichinger explained the State Charitable Gamblirig Board has sanctioned the use of funds from the bingo operation for construction of the new building to house Tuzner's organization, based on the fact the organization directly benefits youth by providing athletic activities. He indicated that Turnex's has the ability to prove that the program provides direct benefit to youth/residents in Ramsey County at the 50 pexcent amount, hawever, to show the direct benefit to the City of Arden Hills would be difficult. Aichinger noted that Turner's has attenpted to provide prograimning in this area, howevex, the organization does not want to conpete with other programs offered in the northern sulxirbs. He propased CAUncil consider amendirig the language to define the trade area to include organizations that benefit the youth and or residents of Ramsey County, rathex than exclusively gove.rnmP_ntal entities. Russell Goodman, President of St. Paul Tkzrner's, provided written camments relating to the proposed amenchn~nt. He requested Council consider expanding the txade area concept to include Ramsey County, but not limited to goven~anental entities. He noted that a resident fram Rosevi}.le, who is a participant in the Turner's proqram, recently won top gymnastic honors at the high school level. Frank Belga, represe,nti.rxf St. Mary's Rcmariian Churclz, stated the biixJo operation provides benefits to meinbexs of the church whiclZ is located i.n Ramsey County. He suggested the amerdnent to the trade area include language which includes all organizations in Ramsey County that meet the State "lawful purpose" definition. Mayor Sather recamnended this matter be scheduled for discussion at a Worksession meeting in Januaiy. Deputy Clexk Iago explained the delay may affect the renewal process for one or more of the organizations; noted the State Gamuzg Board requires the application be sukariitted 60 days prior to renewal. Y Minutes of the Arden Hills Regular Counci]..Nieeting, 12/09/91 , Page 5 ORD (Cont'd) Pat Gartland, representing Tzrner's advised it would be preferable to resolve the matter as soon as possible, to allaw time for sukmission of the application to the State Gamuzg Board. Councilmembe.r Malone suggested it would be preferable to make a det.ermination to retain or delete the trade area restriction, rather than amendirig the regulation several times. He indicated he would favor deZetirig the trade area restriction, rather than atte.snpt to def ine hcxa the charities spend monies and what organizations are worthwhile recipients of the funds. Malone stated the first draft of the Ordinance did not specify a"trade area" and licenses wexe issued on a"first come, first sexve" basis. Mayor Sather stated it may be reasonabl.e to modify the restriction. He indicated the restriction became effective in January 1991 and may not have been in effect long enough to gauge the benefit of this regulation. Pat Gartland explained that Ztiirner's birigo operation has been the "cornerstone" of the Pot O Gold Bingo Hall and the organization has been in operation since the hall openera. She advised Concordia has also bee.n in operation since the hall began operation. Cliff Aichinger reported that Turner's is prepared to meet the requixement and may be able to "catch up" with the trade area obligations imposed by the existing Ordinance upon coinpletion of the new buildirig. He explained the co7rnnitments to the new building was determined prior to adoption of the trade area regulations. He requested approval of the license in order to continue the operation and meet the tundirig requirement upon c(mpletion of the building. Mayor Sather advised'I'urner's has su}mitted the application for renewal and staff explained the item was not placed on the age.nda due to the fact the application was not cornplete. eouncilmember Malone questioned if Council may temporarily suspe.nd enforcement of the regulation ar include exemption language in the amerdment. Attorney Filla explained the regulations exist and Turner's organization is not in campliance. He indicated the State r?muires the City to approve the Premise Permit and the existing regulation does not allow the license renewal unless the organization is in compliance. Filla advised it would be prefexable to either amP_rid the Ordinance or require catpliance with the existirig regulation. Mayor 5athex advised he would prefer to discuss tYie ame.rdnent with a full Council present and suggested tabling action to the Decembex 16 Worksession meetirig. There was Council discussion relative to the date of adoption of the regulations and the fact that all the charities operatirig at the Birigo Hall were aware of the requirement at least six months in advance of the effective date. It was noted that the original proposal for this requirement specified that 75 perr,ent of the profits were to be utilized within the trade area and that figure was reduced to 50 pexcent. Council questioned if formal action may be taken on this matter at the December 16 Worksession meeting. Attorney Filla stated formal action_may be taken at a Worksession meetirig. Hicks moved, seconded by Malone, to table action on the Ordinanc,e amenclnent to the December 16 Council Worksession meetirig. Notion carried unanimously. (3-0) .,r.. s .e.. . . ~ _5~.~; '`'~"'Pc,S fF• ,N F M ~ . . , . _ _ _ _ _ . ~ ~ ~ _ _ ~~~92 . . . . . ~"i.¢~LCJ`... . ~ , STATE OF MINNESOTA COUNTY OF RAMSEY CITY OF ARDEN HILLS ORD INANCE NO. 284 AN ORDINANCE TO THE CITY OF ARDEN HILLS CITY CODE RELATING TO THE REGULATION OF CHARITABLE GAMBLING. The Arden Hills City Council ordains that Secti.on 4-43 of the Arden Hills Municipal. Code shall be amended to read as follows: Section 4-43. Net Profit Expenditure Requirement. An organization permitted to conduct lawful gambling within the City shall expend 6-0 % of its net profits on lawful purposes conducted or located within the trade area andjor to support the activi.ties of a governmental entity within Ramsey County, Minnesota. Effective Date. This ordinance shall be effective the day following its publication and the provisions of Section 4-43 shall be applied retroac-tively to January 1, 1991. Adoption Date. Passed by the City Council of the City of Arden Hills this 30th day of December , 1991 . / Tmlu Thom s Sather, Mayor ATTEST: ~ land Gary B ger, Cler Administrator , Publication Date. Published on the 29th o f January f 1992 B\J\ORD\AHORD.2 12/11/91. 1 , CITY OF ARDEN HILLS 1450 WEST HIGHWAY 96 ARDEN HILLS, MN 55112-5794 January 23, 1992 Mr. Robert L. Laslie, Vice President Municipal Code Corporation s.ipplement Department P.O. Box 2234 Tallahassee, FL 32316-2235 Dear Mr. Laslie: Ehclosed is a copy of Ordinance No. 284 Relating to the Regulation of Charitable Gamblirig which should be added to the City's supplement. If you have any questions, please contact me at (612) 633-5676. Sincerely, Tery Shields Achninistrative Secretary Enclosure - Ordinance No. 284 L92-13 P.S. Please send the MINIMUM amount of copies of this ordinance. PHONE: (612) 633-5676 • FAX 16121 633-7839 Cl'!'Y OF ARDIId fIIISS IrM240RANIDW nATE: Decembez 26, 1991 TO: Mayor and City Q=cil , FROK: ~aCary R. Berger, City Administrator SUBJF3C.T: Amenhqent to the Charitable Gamblinq Requlation Attached is a December 11 letter fromn City Attorney, Jerry Filla, regarding 2 vexsions of an orelinance amerxling Section 4-43 of the Charitable Gambling Regulation. 'Ihe first version e,xparids the trade area to include activities of a goverrnnental entity within Ramsey County and allaws Council to set any percentage of net profit tax or continue with the existing 50 percent requirement. 'I'he second version repeals Section 4-43 from the Charitable Gambling Regulation. Staff recarrnnerx7s adoption of one of the 2 versions prepared by the City Attorney. Staff believes any further changes will result in a regulation that is difficult to administer. ACTION PJMUIRID • After Council deliberation, they may consider passing a motion adopting one of the versions of Ordinance No. 284 Amending the Charitable Gambling Regulation or make any other changes they deem necessary. GRB/ts M91-104 WARREN E. PETERSON PETERSON, FRAM & BERGMAN tREAL PROPERTY LAW SPECIALIST JEROME P. FILLA PROFESSIONAL ASSOCIATION *ALSO ADMITTED IN WISCONSIN DANIEL WITT FRAM 300 MIDWEST FEDERAL BUILDING iALSO ADMITTED IN ILLINOIS, GLENN A. BERGMAN FLORIDA, WASHINGTON D.C. JOHN MICAAEL MILLER 50 EAST FIRTH STREET - GnxY W. BECKEx*# ST. PAUL, MINNESOTA 55101-1197 oF CouNSEr, TIMOTHY J. HASSETTt MELVIN J. SILVER MICHAEL T. OBERLE (612) 291-8955 FAX NO. (612) 228-1753 December 11, 1991 Gary Berger City Administrator City of Arden Hills 1450 West Highway 96 Arden Hills, MN 55112 RE: Proposed Changes to Trade Area Regulations Our File No.: 10450/900005 Gary: As a result af the Council's discussion on December 9, 1991, I am enclosing the following documents: 1. A revised version of an Ordinance which amends Section 4- 43. The revision would allow the City to select a percentage requirement other than the currently allowed 50% requirement. If the City wishes to be less restrictive, it would reduce the current percentage. If the City wishes to be more restrictive, it would increase the current percentage requirement. 2. The second document is an Ordinance which would repeal the current trade area regulations entirely. This would effactively be the least restrictive regulation and would allow a licensed organization to make contributions where ever it chooses. If you have any questions, please contact me. Very truly yours, Jer 4illa ir JPF:bap Enclosures Affibttutt uf Puhlirttttun #ttt#e of MinnEsnttt (fnuntLi nf Ram,sEv N. Theodore L1lZle , being duly sworn, on oath says that he/she is the publisher or authorized agent and employee of the publisher of the newspaper known as NeW Blz'ghtOII Bulletin , and has full knowledge of the facts which are stated below: (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended. (B) The printed Ordinance No, 284 which is attached was cut from the columns of said newspaper, and was printed and published once each week, far 1 successive weeks; it was first published on WedriESda.ythe 29 th day of Jan e , 1g 92 , and was thereafter printed and published on every to and including , the day of , 19 ; and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice: 'abcdefghijklmnopqrstuw~cyz • ' „ , ~ •~~J BY: TITLE: Ll~ Subscritied and sworn to before me on tnis. 29th day of Jan. , 19 92 . Notary Public 'Alphabet should be in the same size and kind of type as the notice. RATE INFORMATION (1) Lowest classified rate paid by commercial users for comparable space . . . . . . . . . . . . . . . . . . . . . . . . . . $12.00 per col. inch (2) Maximum rate allowed by law for the above matter . . . . . . . . . . . . . . . . . . $8.93 per col. inch (3) Rate actually charged for the above matter . . . . . . . . . . . . . . . . . . . . . $ per col. inch 1/91 STATE OF MINNESOTA COUNTY OF RAMSEY CITY OF ARDEN HILLS ORDINANCE NO. 284 AN ORDINANCE TO THE CITY OF ARDEN IiILLS CI- TY CODE RELATING TO THE REGULATION OF CHARITABLE f3AMBLING. Ths Arden Hills CNy Councll wdalns thet Sectbrt 4-43 of ffie Arden Mllls Munlelpal Cdde ehall be amenAsd to read as folbws: Sactlon 4-48. Nst Pro1k Expendlture Requirement. An organization permitled to conduct lavulul gambling within the Ciry shall expend 504b of tts net profits on lawfulpurposes conducted orlocated within the trade area and/or to support the activities of a governmentel eMity within Ramsey County, Minnesota. Eftectlve Dste. This ordinance shall be eflective the day following its publication and the provisions of Sec- tion 443 shall be epplied retroectively to January 1, 1991. Adoptlon Dste. Pasaed by the City Council of the City of Arden Hills this 30th day of December, 1991. /sl Thomas R. Sether Mayor ATTEST: /s/ Gary R. Berger Clerk Administrator (Bulletin: Jan. 29, 1992)