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<br />CAMPBELL KNUTSON <br /> <br />Professional Association <br />Attorneys at Law <br /> <br />Th(,m,Js J. Campbell <br />Roger N, Knutson <br />Thorn,ls tv1. Sum <br />Elliurr B. Knetsch <br />.loci .I, Jamnik <br /> <br />(651) 452-5000 <br />Fax (651) 452-5550 <br /> <br />*** <br /> <br />Andrea McDowell Poehler <br />Matthew K. Brokl* <br />John F. Kelly <br />/vianhew .I, Foli <br />1'\iiargueri te tv1. McCarron <br />Gina M, Brandt <br /> <br />Author's Direct Dial: (651) 234-6219 <br />E-mail Address:jjamnik@ck-law.com <br /> <br />"-Abo Ilct'ml'd 11\ \X/ISCIJIlWl <br /> <br />October 18, 2000 <br /> <br />To: Mayor and City Council <br />City of Roseville <br /> <br />From: Joel Jamnik <br /> <br />Re: Request for a Conditional Use Permit to allow a licensed bingo hall within <br />Hamline Center (PF3251) <br /> <br />At the October 9 Council meeting, discussion on the above matter was continued <br />to allow further information to be prepared addressing certain legal questions <br />that had been raised, including the following: <br /> <br />. Is Bingo at a shopping center a permitted use, an amusement "device", or an <br />amusement establishment? How do Chapter 303 (Devices) and 304 (Bingo) <br />of the City Code apply? <br /> <br />The current City Code does not contain a use designation for gaming or gambling <br />activities. In some respects, it appears that gaming has historically been viewed as a <br />licensed and regulated accessory activity at principal uses, such as private clubs or <br />lodges, rather than as a separate, stand-alone use. <br /> <br />Consequently, if the Knights of Columbus had continued to sponsor the gaming activity <br />as part of their relocated club or lodge, and that relocation was approved by the Council <br />under Chapter 304 of the City Code, the activity would be a permitted use and no land <br />use review would be required. <br /> <br />Given that the landlord or operator of the bingo hall will not be the Knights, but rather a <br />limited partnership or private company, and that the uses of the facility will be limited to <br />gaming activities, categorization of the use as an amusement establishment under section <br />1005.04Cl of the code seemed warranted. This interpretation of the Code, that the bingo <br />hall is a type of amusement establishment as defined by the Code, classifies the use as a <br />conditional use requiring a permit. Obviously, the Council could act to clarify the Code <br /> <br />Suite 317 · Eagandale Office Center · 13801Corporate Center Curve · Eagan, MN 55121 <br />