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2006-07-12 CC Packet
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2006-07-12 CC Packet
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<br />LG215 Lease for Lawful Gambling Activity <br /> <br />8/0S <br />Page 2 of 2 <br /> <br />Lease Term - The term of this lease agreement will be <br />concurrent with the premises permit issued by the Gambling <br />Control Board (Board). <br /> <br />Management of Gambling Prohibited - The owner of the <br />premises or the lessor will not manage the conduct of gambling <br />at the premises. <br /> <br />Participation as Players Prohibited - The lessor, the lessor's <br />immediate family, and any agents or gambling employees of the <br />lessor will not participate as players in the conduct of lawful <br />gambling on the premises. <br /> <br />Illegal Gambling <br />o The lessor is aware of the prohibition against illegal gambling <br />in Minnesota Statutes 609.75, and the penalties for illegal <br />gambling violations in Minnesota Rules 7861.0050, Subpart 3. <br />In addition, the Board may authorize the organization to withhold <br />rent for a period of up to 90 days if the Board determines that <br />illegal gambling occurred on the premises and that the lessor or <br />its employees participated in the illegal gambling or knew of the <br />gambling and did not take prompt action to stop the gambling. <br />Continued tenancy of the organization is authorized without the <br />payment of rent during the time pe~iod determined by the Board <br />for violations of this provision. <br /> <br />o To the best of the lessor's knowledge, the lessor affirms that <br />any and all games or devices located on the premises are not <br />being used, and are not capable of being used, in a manner <br />that violates the prohibitions against illegal gambling in <br />Minnesota Statutes 609.75, and the penalties for illegal <br />gambling violations in Minnesota Rules 7861.0050, Subpart 3. <br /> <br />o Notwithstanding Minnesota Rules 7861.0050, Subpart 3, an <br />organization must continue making rent payments, pursuant <br />to the terms of the lease, if the organization or its agents are <br />found to be solely responSible for any illegal gambling conducted <br />at that site that is prohibited by Minnesota Rules 7861.0050, <br />Subpart 1, or Minnesota Statutes 609.75, unless the <br />organization's agents responsible for the illegal gambling <br />activity are also agents or employees of the lessor. <br /> <br />o The lessor shall not modify or terminate the lease in whole or <br />in part because the organization reported to a state or local <br />law enforcement authority or the'Board the occurrence at the <br />site of illegal gambling activity in which the organization did not <br />participate. <br /> <br />Other Prohibitions <br />o The lessor will not impose restrictions on the organization with <br />respect to providers (distributors) of gambling-related equipment <br />and services or in the use of net profits for lawful purposes. <br /> <br />o The lessol; person residing in the same household as the lessor, <br />the lessor's immediate family, and any agents or employees of the <br />lessor will not require the organization to perform any action that <br />would violate statute or rule. If there is a dispute as to whether <br />a violation of this provision occurred, the lease will remain in <br />effect pending a final determination by the Compliance Review <br />Group (CRG) of the Gambling Control Board. The lessor agrees <br />to arbitration when a violation of this prOVision is alleged. The <br />arbitrator shall be the CRG. <br /> <br />o The lessor shall not modify or terminate this lease in whole or in <br />part due to the lessor's violation of the provisions listed in this <br />(ease. <br /> <br />Access to permitted premises - The Board and its agents, the <br />commissioners of revenue and public safety and their agents, and <br />law enforcement personnel have access to the permitted premises <br />at any reasonable time during the business hours of the lessor. The <br />organization has access to the permitted premises during any time <br />reasonable and when necessary for the conduct of lawful gambling <br />on the premises. i i <br />,I <br />Lessor records - The lessor shall' maintain a record of all money <br />received from the organization, and make the record available to <br />the Board and its agents, and the commissioners of revenue and <br />public safety and their agents upon demand. The record shall be <br />maintained for a period of 3-1/2 years. <br /> <br />." <br /> <br />Rent all-inclusive - Amounts paid as rent by the organization to <br />the lessor are all-inclusive. No other services or expenses provided <br />or contracted by the lessor may be paid by the organization, <br />including but not limited to trash removal, janitorial and cleaning <br />services, snow removal, lawn services, electricity, heat, security, <br />security monitoring, storage, other utilities or services, and in the <br />case of bar operations, cash shortages. Any other expenditures <br />made by an organization that is related to a leased premises must <br />be approved by the director of the Gambling Control Board. Rent <br />payments may not be made to an individual. <br /> <br />Acknowledgment of Lease Terms All obligatians and agreements are contained in or attached to this lease and are subject <br />to the approval af the directar af the Gambling Cantral Board. I affirm that the lease information is the total and only agreement <br />between the lessor and the organization. There is no other agreement and no other consideration required between the parties as to <br />the lawful gambling and other matters related to the lease. Any changes in this lease will be submitted to the Gambling Control Board at <br />least 10 days prior to the effective date of the change. If a renegotiated lease is made due to a change in ownership, the new (ease will <br />be submitted within 10 days after the new lessor has assumed ownership. <br />List or attach other terms or conditions (must be approved by director of Gambling Control Board) <br /> <br /> <br />04-</1 rrC'pt..:~~)~ - !,e:..->) <br />Print name and title of lessar <br /> <br /> <br />Date <br /> <br />bO <br /> <br />Questions on this form should be directed to the Ucensing Section of the Gambling Control Board (Board) at 651-639-4000. This publication <br />will be made available in alternative format (Le. large print, Braille) upon request. If you use a nY, yau can call the Board by using the <br />Minnesota Relay Service and ask to place a call to 651-639-4000. The information requested on this form will become public information <br />when received by the Board, and will be used to determine your compliance with Minnesota statutes and rules gaverning lawful gambling <br />activities. <br /> <br />Lt3 <br />
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