HomeMy WebLinkAbout268
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N. Theodore Lillie I 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 Brighton 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. 268 ------.-..--
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which is attached was cut from the columns of said newspaper, and was printed and published
once each week, for 1 successive weeks; it was first published on WAdnARday the
15th day of Aug., 19 ~, 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:
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BY; ,,_,~,_ ',j U,,~,,~JU/
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Subscrib"ed and sworn to before me on
this l5th day of. Aug., 19 ~,
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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.. .. .. , _ .. $8.51 per coL inch
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(3) Rate actually charged for the above matter ." ,$ per coL inch
1/90
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'-'Munici'p'al Code shall be ameooed: and IMI CMpter ttte City Of Arden Hills 10 a special lund to be iiQ-
4, Article I, Di"ision 5. Section 5.1(E}, (Fi, {G). (H). (I). ministered by 1he Arden Hills City Council for lawt~t1i:
(J) and 5-14 shall be added to lhe Arden H,ils Municipal pose:>, Payments 10 the fund shall be ca\culal i9M
Code 10 fBad as follows quarterly panods t1nding on tM last days of Marcl\)
Sec. s.:-1 Definttions. EX0EIpt as IJru'Vided herein. lIle June, Seplember and Decenlber of eachyeav, 0uatW'
definitions contained in the Minnesot<t Lawful Gambl- Iy installment paymtlnts shall be submitled, together
ing Acl shall apply101he wordS, terms and phraSes us- with "erifiable supporting documentalion, no later tl'lan
ed herein the 20th day 01 Ihe monlh tollowing the end of the e
A "Allowable ExpenS(l" means f1Hls.onable sums quarterly period
that are necessarily and actually expended lor the Sec. 5-7 Location 01 Lawful GBmblingOperaUen8'
jullowing purposes All lawful gambling actiVIties authon.zed by a BIllBrcl
1. Gambling supplies and equipment: issued Class A licensa shall be conducted on the SBme
2. Rent: premises, Alllawlul gambling iK:tivitl8s authorized-by
3. Utilities used during gamblirlg occasions a Board issued Class B license shall be conductetton
4. Compensation paid 10 members for corrducling premiS1!6 which have also been issued val~ oo-saldin-
gambling on a compensation schedule de"ised by the taxlcaling liquor IIcenieS All lawful gambling actiYil.ies
organiZation lor ils employees tor 1he conducl 01 lawful authorized by a Board issued Class C license shallM
garnbhng: conducied at ,j church, school, or auditorium ."
5 Maintenance ot deviCes used in lawful gambling: See s-a Number of Licenses AutIlorWKI, No r'flare
6 Accounting services than ten (10)lawlul gambling licenses, ot all classes,
7 License renewal: shall be issuecl'and outstanding at the same time prp-
6. Bond for gambling actIVities. vided, howeveL that the lotal number of aurhafi~
9 Insurance on gambling ac1ivities ticenses shall be' reduced 10 nine (9) on the 1st da~ of
10 Invesliga1ion fee: May, 1991 No more than seven 17l Class A lice!",ses
t1. One-lhird 01 the amount of increase ill lhe an shall be- issU1ld and outstanding at the same tifl}tl
nual premium of liabilrtiy insurance Sec. 5-10, Reports, All pefmitled organizations ~halt
8 "Board" means the Minnesota Charilable Gambl submll to 1he City AdmrniSllator a copy of any re~Qrts
ing ConirolBoard it is required to make or has made to the Board,Any
C;Gross Prolit" means the gross receip~ l,;uileGted applicant for a lreense or r!:lnewal 01 a license shaW SlJb-
from lawful garnblmg. lass reasonable SUITlS necessarily mit a copy of its applicatiOn to lhe City Administrator
and actualiy expended for prizes On or before fetnuary t ot each year, arganizaVons
o 'Gross AecEoipts' means Ihe total anrui.JOt col- licellsed 10 conduct lawlul gambling within Ihe City of
lected b~ an orgi:"H1i.zalion frum part<.."panls in lawful Arden Hills shall submit a report to lhe City"f\<!-
gUrnbling, Grvi>&receiplslul b,nyu indlid", any an1QUnts IT\iniS1falor inaiLatin\rj how the Il9t prot,ts derived lipm
reCel\ied by the organrzalioll thaI ha\le been P,lI(j by lawful gambling actillllies conduc1ed by the orgQ",i;la-
a pt:l'SOfl al the bingo occlll>ior, to play thoe game, tion have beall spenllor lawful pyrposes and such a100r
wilhou\ whiCh the player could nLll pIa,' 1he gdme tepons as mdy be reqUIred from time 10 time by COUIl-
E. 'Lawful GambHfIQ" means the operahon, conduct cil resoMio,' ~
or sale uf bingo. raffles, paddle ....ht!tHs, tip boards Sa<:. 5.11. Inspec::Uon of Premises and Recori:ta.
andlor pull labs The City Administralor. City Atlorney, City law enfQt,ee-
F'Minnesota Lawlul Gambling Act" n\1I<1r\:> 1he pro- . menl officers, City official and/or Cily employee /:ijlIv
\lisions 01 M.S. 3491tlhrough 34960 ing a duly to perform with reterenCtl to lhis Division or
G "Nel Prom' means gross prolLt less reasonabie lawful gambling activrties may inspec1 and eKami", the
sums actually expe~ded tor allowable expenses records concernrng la.....-tul gamblmg aClivlties of"any
H 'Organizalion means any fraternal, religiOUS, permitted organization upon twenly-foul (241 hours -ad-
vetefal1~, or other nonprofit organilalioll 'Vance notice and may inspec1 the premises upon which
L "Person" is an individual. firm, association, part- the permitted organizatiOn is conduClinglawtul gambl-
nership, corporation, 1rusleeOr legai replesenlali'Ve. iny activities at all reasonable times wilhout adv8l1C&
J. "Trade Area" mealls the corporate boundaries at nOli~,e, II shall be a misdemeanor 10 talsity any re~rt~
the City 01 Arden Hilis and each city Immooiiltely con requrrtld to be submined pursuanllo this OiV1S~1l ,
tiguvus lu the City i.)f Arder\ Hills See 512. Age L1mtt. No pel son under the age Q/
See 5,2 Unaulhorized Gembllng Prohibited. No eighleen shall be permilled to engage in ally tawlul
perSOIl shall cofl{\u~t lawful gambling wilhlrl the Cily gambling activity e)lcept bir\go and rallle5. No permi\lo
of Arden HillS unless such activily IS irr r.;clI'\pllanuJ wilh ted organization shall allow any person under the agt
the !lrovlsi0n~ 011h6 Minnesola Lawful Gambling Act 01 eighteen 10 engage in any lawlul gambling ac1ivi'i .
and lhi5 Division, If lhe prOVis,i.)ns of ttle Minnesotd eKcep1 bingo and raffles, ~
lawlul Gambling A~t llnd thi5 Oivisii.)1l are inCLlnsislell1, Sue, 5-13 Trade Area Restriction. An or-ganilaliQG
the mure rashiclivtj prl}\ilsions shall appiy ptl!!llilled to conduct Ii:h\.ful wambling within'lhe.city
Se(. 5.J. Premises Permit Applicdt'uns """ Lity ap. oj Arden Hll~ shall expend:1O percent of Its net prult
plO"..101 a pr&mlse~ jJ..lfIli\shdll bosuomiu..o Ie Ihe on law!ul pUlpOSltS oonducllKl or located within It;
Cil)iAdrniniSlral[)ralltlast60da,,,bt:liOI6thepr[)~s Irade area ,... ~
ad etfecti\le date ot1nt:l permit. Crileria for lhe issuanc.. sec. 5-14. Sevllrablllty, It any aeciron, perag~~,
oj pl'amises pHr rnils shall be adupted !tom lime to time phrase 01 pravrslon 01 lhls ONlslon shalt be dele 1rl4-
by council resolution ed invalkllor any reason. such delermination of invalic>>-
Soc. 5.4 Investigation fee. Applrcanls lor a ty shall not affect the remaining proviSions otlms
premises permit shall pay the City a non-refundable in Oi\llsion
'IEIstigalion tee 01 $100 00 when submitting tile applica- Eff8(:lIve Dele, Section 5-13 herliilOf shall be effec-
lion lor the permit tive January 1. 1991 The remaining sections o~
Sec 5-5. Local Gembllng lBx. Eflech\le January 1. ordinam;e shall becomtt effeClive the day lollowi .
1991. there shall be imposed a local gambling lax on publrcation ~
all organizations licensed 10 conducllawtul gambling AdopllOfl Dat&. Passed by 1he City Council oj fife
within the Cily 01 Arden Hill~. The taK may nol excaad City of Arden Hills the 30th day of July, 1990. +
3 percent of the organilation's gross profit lrom gambl. Thomas R, Set
ing activities within the City of Arden Hills. Proceeds Mayi'
of thE! tax shall only be used lor the purpose of ATTEST: ...:
regulating all gambling ac1i-vities within the City ot Arden Gary R, Berger -
H~~!t includiny, bulnollimitoo to, raiml>ursernerrlol the Clty Administrator -.
Clty's admlnistratlv~. legal and consulling costs (Bullelin: Aug 15,1990) ,
A. Any orgar1izat<LlIl applying lor a renewal permit .~
which shall be etfe.:.1i'Ve altar January I, 1991.5haUpro- .
.,
'Vid& the City with L"lIrtitied wpies ul lhe toliowing ~;
docu,nanls. ~:
1. lhe pOOl yaar income and lass stClt.,ment whiCh ,
clearly indicates thtl orgar,ilation's Qruss fe<:eipls trom t;
lawful gambling aclivitias wiihin the City of Arden Hills -
and 101al prizes aClually paid oul for lawful gambling .
activities within the Cily oi Arden Hills
CITY OF ARDEN HILLS 2 Slatement oj organization's Treasurer pfojeclin.g .
the organization's gross receipls and lotal prizes for -
ORDINANCE NO. 268 lawfulgambbng ~ivities to be cOIldUCIed in Arcieri Hills
AN ORDINANCE AMENDING CHAPTER 4. AATtcU. during tf1e/year in which the permit renewal will be
I, DIVISION 5, SECTtONS 5-1; 5-1(AI. (B), (C) AND effective, : -
B. Any organizalion applying lor a new permit which ,
(D); So2; 5-3; H; 5-5; 5-5(Ali 5.5(A)(1); 6-6(A)(2); Will tle effective alter January 1, 1991 shallprc;lVidelhe .
5-5(B)j 5-6; 5-7; 5-8; 5-10i 5-11; 5-12; AND Fr13; AND City with a certllied stateme-nt containing the organiza.
ADDING CHAPTER 4, ARTICLE I, DIVISION 6, SEC- lion's protection 01 gross receipts and total prizes tor .
TIONS 5-1(E), (F) (0), (H), (I), (J) AND 5-14 TO THE a1llewtul gambling activities to be conducted in the City .
ARDEN HILLS MUNlaPAL CODE RELATING TO 01 Arden Hilts during the .,ear ill whIch lhe palOlIt wrll ;",
GAMBLING_ ~,
The City Council oldainll that Chapler 4, Anicle i. be elfel,;tivt/
Be.:: 5--6 lerwfut Gembllng Fund. All organizalions ."
DiVIsion 5, Sections 5.1; 5-l(A). (9), (C) and (D); 5-2, parmilled to conduct lawiul gambling within the Cll).- .
~.3; 0-4, 5-5: 5.5(A); 5-5(A)tI); 5-5(A)t2}; ~-5(B): 5-6: 5-7; of Arden Hills shall conlrou1e ten percenl (10%} 01 their
5.8; 5-10; 5-11; 5-12; and 5-1301 Ihe Arden Hills . n~t, profits der~ Ir9mla,wlul gambling activities Wit~in .
"
. CITY OF ARDEN HILLS
- ORDINANCE NO. 268
AN ORDINANCE AMENDING CHAPTER 4, ARTICLE I, DIVISION 5,
SECTIONS 5-1; 5-1(A), (B), (C) AND (D); 5-2; 5-3; 5-4;
5-5; 5-5(A) ; 5-5(A)(1); 5-5(A)(2); 5-5(B); 5-6; 5-7; 5-
8; 5-10; 5-11; 5-12; AND 5-13; AND ADDING CHAPTER 4,
ARTICLE I, DIVISION 5, SECTIONS 5-1(E) , ( F), (G), (H),
(I) , (J) AND 5-14 TO THE ARDEN HILLS MUNICIPAL CODE
RELATING TO GAMBLING.
The City Council ordains that Chapter 4, Article I, Division 5,
Sections 5-1; 5-1(A) , (B), (C) and (D) ; 5-2; 5-3; 5-4; 5-5; 5-
5(A) ; 5-5(A)(1); 5-5(A) (2); 5-5(B); 5-6; 5-7; 5-8; 5-10; 5-11; 5-
12; and 5-13 of the Arden Hills Municipal Code shall be amended;
and that Chapter 4, Article I, Division 5, Sections 5-1(E), (F),
(G), (H), (I), (J) and 5-14 shall be added to the Arden Hills
Municipal Code to read as follows:
Sec. 5-l. Definitions. Except as provided herein, the
definitions contained in the Minnesota Lawful Gambling Act shall
apply to the words, terms and phrases used herein:
A. "Allowable Expense" means reasonable sums that are
necessarily and actually expended for the following
. purposes:
1. Gambling supplies and equipment;
2. Rent;
3. Utilities used during gambling occasions;
4. Compensation paid to members for conducting
gambling on a compensation schedule devised by the
organization for its employees for the conduct of
lawful gambling;
5. Maintenance of devices used in lawful gambling;
6. Accounting services;
7. License renewal;
8. Bond for gambling manager;
9. Insurance on gambling activities;
10. Investigation fee;
1l. One-third of the amount of increase in the annual
. premium of liability insurance.
B. "Board" means the Minnesota Charitable Gambling Control
Board.
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. 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 have 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, paddle wheels, tip boards and/or
pull tabs.
F. "Minnesota Lawful Gambling Act" means the provisions of
M.S. 349.11 through 349.60.
G. "Net Profit" means gross profit less reasonable sums
actually expended for allowable expenses.
H. "Organization" means any fraternal, religious,
veterans, or other nonprofit organization.
I. "Person" is an individual, firm, association,
partnership, corporation, trustee or legal
. representative.
J. "Trade Area" means the corporate boundaries of the City
of Arden Hills and each city immediately contiguous to
the City of Arden Hills.
Sec. 5-2. Unauthorized Gambling Prohibited. No person shall
conduct lawful gambling within the City of Arden Hills unless
such activity is in compliance with the provisions of the
Minnesota Lawful Gambling Act and this Division. If the
provisions of the Minnesota Lawful Gambling Act and this Division
are inconsistent, the more restrictive provisions shall apply.
Sec. 5-3. Premises Permit. Applications for city approval of a
premises permit shall be submitted to the City Administrator at
least 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.
Sec. 5-4. Investigation Fee. Applicants for a premises permit
shall pay the City a non-refundable investigation fee of $100.00
when submitting the application for the permit.
Sec. 5-5. Local Gambling Tax. Effective January 1, 1991, there
shall be imposed a local gambling tax on all organizations
licensed to conduct lawful gambling within the City of Arden
. Hills. The tax may not exceed 3 percent of the organization's
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" gross profit from gambling acitivities within the City of Arden
~ Hills. Proceeds of the tax shall only be used for the purpose of
.., regulating all gambling activities within the City of Arden Hills
including, but not limited to, reimbursement of the City's
administrative, legal and consulting costs.
A. Any organization applying for a renewal permit which
shall be effective after January 1, 1991, shall provide
the City with certified copies of the following
documents:
1. The prior year income and loss statement which
clearly indicates the organization's gross
receipts from lawful gambling activities within
the City of Arden Hills and total prizes actually
paid out for lawful gambling activities within the
City of Arden Hills.
2. Statement of organization's Treasurer proj ecting
the organization's gross receipts and total prizes
for lawful gambling activities to be conducted in
Arden Hills during the year in which the permit
renewal will be effective.
B. Any organization applying for a new permit which will
be effective after January 1, 1991 shall provide the
Ci ty with a certified statement containing the
. organization's proj ection of gross receipts and total
prizes for all lawful gambling activities to be
conducted in the City of Arden Hills during the year in
which the permit will be effective.
Sec. 5-6. Lawful Gambling Fund. All organizations permitted to
conduct lawful gambling wi thin the City of Arden Hills shall
contribute ten percent (10%) of their net profits derived from
lawful gambling activities within the City of Arden Hills to a
special fund to be administered by the Arden Hills City Council
for lawful purposes. 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.
Sec. 5-7. Location of Lawful Gambling Operations. All lawful
gambling activities authorized by a Board issued Class A license
shall be conducted on the same premises. All lawful gambling
activities authorized by a Board issued Class B license shall be
conducted on premises which have also been issued valid on-sale
intoxicating liquor licenses. All lawful gambling activities
authorized by a Board issued Class C license shall be conducted
at a church, school, or auditorium.
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, . Sec. 5-8. Number of Licenses Authorized. No more than ten (10)
e lawful gambling licenses, of all classes, shall be issued and
outstanding at the same time provided, however, that the total
number of authorized licenses shall be reduced to nine (9 ) on the
1st day of May, 1991. No more than seven (7) Class A licenses
shall be issued and outstanding at the same time.
Sec. 5-10. Reports. All 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.
On or before February 1 of each year, organizations licensed to
conduct lawful gambling within the City of Arden Hills 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.
Sec. 5-11. 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 Division or lawful gambling activities may
inspect and examine the records concerning lawful gambling
activities of any permitted organization upon twenty-four (24)
. hours' advance notice and may inspect the premises upon which the
permitted 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 Division.
Sec. 5-12. Age Limit. No person under the age of eighteen
shall be permitted to engage in any lawful gambling activity
except bingo and raffles. No permitted organization shall allow
any person under the age of eighteen to engage in any lawful
gambling activity except bingo and raffles.
Sec. 5-13. Trade Area Restriction. An organization permitted to
conduct lawful gambling within the City of Arden Hills shall
expend 50 percent of its net profit on lawful purposes conducted
or located within the trade area.
Sec. 5-14. Severability. If any section, paragraph, phrase or
provision of this Division shall be determined invalid for any
reason, such determination of invalidity shall not affect the
remaining provisions of this Division.
Effective Date. Section 5-13 hereof shall be effective January
1, 1991. The remaining sections of this ordinance shall become
effective the day following publication.
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. Adoption Date. Passed by the City Council of the City of Arden
- Hills the ~Oth of July ~:.
Thomas
ATTEST:
Gar~er~er~~Administrator
Publication Date. Published on the 15th of August , 1990.
\USERS\LISA\JFDISK4\AMEND2.GMB
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