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<br />Section 7. LA WFVL GAMBLING <br />PERMITTED <br /> <br />Lawful gambling is permitted within the city <br />provided it is conducted in accordance with <br />Minnesota Statutes, Sections 609.75- <br />609.763, inclusive, as they may be amended <br />from time to time; Minnesota Statutes, <br />Sections 349.11-349.23, inclusive, as they <br />may be amended from time to time, and this <br />ordinance. <br /> <br />Section 8. COUNCIL APPROVAL <br /> <br />Lawful gambling authorized by Minnesota <br />Statutes, Sections 349.11-349.23, inclusive, <br />as they may be amended from time to time, <br />shall not be conducted unless approved by <br />the Council, subject to the provisions of this <br />ordinance and state law. <br /> <br />Section 9. APPLICATION AND LOCAL <br />APPROVAL OF PREMISES PERMITS <br /> <br />Subd. 1. Any organization seeking to obtain <br />a premises permit or bingo hall license or <br />renewal of a premises permit or bingo hall <br />license from the Board shall file with the <br />city clerk an executed, complete duplicate <br />application together with all exhibits and <br />documents accompanying the application as <br />filed with the Board. The application and <br />accompanying exhibits and documents shall <br />be filed not later than three days after they <br />have been filed with the Board. <br /> <br />Subd. 2. Upon receipt of an application for <br />issuance or renewal of a premises permit or <br />bingo hall license, the city clerk shall <br />transmit the application to <br />the chief of police for review and <br />recommendation. <br /> <br />Comment: Some cities do not have <br />their own police services. Under these <br />circumstances, the county sheriff may <br />be willing to conduct an investigation <br />for a fee. In that case, the ordinance <br />should state that the clerk shall <br />transmit the application to the county <br />sheriff <br /> <br />Lawful Gambling <br /> <br />Subd. 3. The chief of police shall <br />investigate the matter and make a review <br />and recommendation to the City Council as <br />soon as possible, but in no event later than <br />45 days following receipt of the notification <br />by the city. <br /> <br />Subd. 4. Organizations or bingo halls <br />applying for a state-issued premises pem1it <br />or bingo hall license shall pay the city a <br />$100 investigation fee. This fee shall be <br />refunded if the application is withdrawn <br />before the investigation is commenced. <br /> <br />Comment: The fee may not exceed <br />$100 for third and fourth class cities; <br />$250 for second class cities; $500 for <br />first class cities. Minn. Stat. !i 349.16 <br />Subd. 8. A city may not charge an <br />investigation fee if it levies a gambling <br />tax. Minn. Stat.!i 349.213 Subd. 3. <br /> <br />Subd. S. The applicant shall be <br />notified in writing of the date on <br />which the Council will consider the <br />recommendation. <br /> <br />Subd. 6. The Council shall receive the <br />police chiefs report and consider the <br />application within 45 days of the date the <br />application was submitted to the city clerk. <br /> <br />Subd. 7. The Council shall, by resolution, <br />approve or disapprove the application within <br />60 days of receipt of the application. <br /> <br />COlllment: Under Minn. Stat. <br />.!i349.213 Subd. 2 the resolution must <br />have been adopted within 90 days of <br />the date of the applicationfor the new <br />or renewed permit or bingo hall <br />license to the Board. However, the <br />model ordinance gives organizations <br />three days after application to the <br />Board to submit a copy of the <br />application to the city. Therefore, the <br />model ordinance requires council <br />action in 60 days to ensure that the <br />resolution will be passed well before <br />the statutory deadline. <br /> <br />19 <br />