HomeMy WebLinkAbout1430 - ADMIN Ordinance - City Council - 1978/11/06NOVEMBER 6, 1978
8d
ORDINANCE NO. 1430
AN ORDINANCE RELATING TO GAMBLING: AUTHORIZING THE OPERATION
OF RAFFLES AND GAMBLING DEVICES BY LICENSED ORGANIZATIONS;
AMENDING THE ST. LOUIS PARK ORDINANCE CODE, SECTIONS
12-901, 12-902, 12-903; AMENDING THE ORDINANCE CODE BY
THE ADDITION OF SECTIONS 13-1600 - 13-1607
THE CITY COUNCIL OF ST. LOUIS PARK ORDAINS:
Sec. 1. The St. Louis Park Ordinance Code, Sections 12-901, 12-902,
12-903 amended; Sections 13-1600 through 13-1607 added, to read:
d
I)
1
1
i
1
PART 9 - Gambling & Related Matters
Section 12-901. Prohibited Acts and Adoption of State Statutes
Relating to Gambling. The following Statutes of the State of Minnesota
as amended are adopted by reference and made a part of this section,
three copies of which are marked as official copies and filed for
use and examination by the public in the office of the City Clerk;
Sections 609.75, 609.755, 609.76, 609.761, 325.54,
Subdivision 1, 340.14, Subdivision 2, and 349.26
In addition:
Unless licensed for the operation of raffles and
gambling devices pursuant to Section 13-1601,
(1) It shall be unlawful to gamble on the outcome of any
game of cards or dice.
(2) It shall be unlawful for any person to bet any money
or other property at or upon a gaming table while a
game of cards, dice, or other game of chance is being
played.
(3)
It shall be unlawful for any person to set up, operate
or permit to be set up or operated in or on any premises
owned or controlled by him or them any slot machine, punch
board or other gaming device which is or will be used for
gambling.
(4) No person shall sell, give or in any way whatever furnish
or transfer to, or for another, a ticket, chance, share,
interest or any paper, certificate, or instrument purporting
to be or to represent a chance, share, or interest in or
be dependent upon the event of a lottery nor shall anyone
by writing or printing, circular, or letter or in any way
cause or permit to be advertised or circulated at any place
within the city an account of a lottery, stating how, when
or where the same is to be or has been drawn or what are the
prizes therein or the price of a ticket, of any share of
interest therein nor cause to be disseminated information as
to where or how such game or lottery may be obtained where
the sole purpose of such game or lottery is for gambling.
(Section 12-902 amended by Ordinance 1430, November 6, 1978)
11/7/78
336
Section 12-902. Lotteries. No person shall offer for sale or
distribution in any way real or personal property, or any interest
therein, to be determined by lot or chance dependent upon the drawing
of a lottery, nor shall sell, furnish, or procure or cause to be sold,
furnished or procured, in any manner a chance or share or any interest
in property offered for sale or distribution, in violation of this section,
or a ticket or other evidence of such chance, share, or interest; nor
shall open, set up or keep by himself or through another, an office
or place for registering the numbers of the tickets in a lottery, or
for making, receiving or registering any bets or stakes for the drawing
or result of such lottery; nor shall advertise or in any way publish any
account of any opening, setting up, or keeping of such office or place;
nor shall let or permit to be used any building or portion thereof owned
or controlled by him knowing that it is intended to be used for any
of the purposes specified in this section where the sole purpose is
gambling, except for those organizations licensed pursuant to Section 13-1601.
(Section 12-902 amended by Ordinance 1430, November 6, 1978)
Section 12-903. Allowing Premises to be Used for Gambling. No
person shall suffer or permit any gaming table, faro bank, or gambling
device to be set up or used for the purpose of gambling in any house,
building, lot, yard, or garden owned, occupied or controlled by him,
except for those organizations licensed pursuant to Section 13-1601.
(Section 12-903 amended by Ordinance 1430, November 6, 1978)
Section 12-904. Violations. Anyone who violates sections 12-901 through
12-903 above shall be guilty of a misdemeanor.
11/7/78
337
GAMBLING - AUTHORIZED DEVICES
Section 13-1600. Definitions. The following words and phrases when
used in Sections 13-1601 through 13-1607 have the meanings as set forth
herein:
"Gambling devices" mean those gambling devices known
as "paddle wheels" or "tipboards," or aparatus used
in conducting raffles.
"Paddle wheel" means a wheel marked off into sections
containing one or more numbers, and which, after being
turned or spun, uses a pointer or marker to indicate
winning chances.
"Tipboard" means a board, placard or other device
measuring at least twelve inches square, marked off
in a grid or similar pattern, in which each section
contains a hidden number or numbers, or other symbol,
which determines the winning chances.
"Raffle" means a game in which a participant buys a
ticket for a chance at a prize with the winner determined
by a random drawing.
"Profit" means the gross receipts from the operation
of gambling devices and the conduct of raffles, less
reasonable sums expended for prizes, local licensing
fees, taxes and maintenance costs for the devices.
(6) "Organization" means any fraternal, religious and veterans
organization, or any corporation, trust, or association
organized for exclusively scientific, literary, charitable,
educational, or artistic purposes, or any club which is
organized and operated exclusively for pleasure or recreation.
Section 13-1601. License Required. No person shall directly or indirectly
operate a gambling device or conduct a raffle without a license.
Section 13-1602. Qualifications for License. A license shall be issued
only to fraternal, religious, and veterans organizations, or any corporation,
trust, or association organized for exclusively scientific, literary,
charitable, educational, or artistic purposes, or any club which is organized
and operated exclusively for pleasure or recreation. Such organization must
have been in existence in the City of St. Louis Park for at least three years
and shall have at least 30 active members. Such organization must own or
lease the premises upon which gambling devices are to be operated and raffles
are to be conducted. Leases shall be in writing and shall be for a term of
at least one year. No lease shall provide that rental payments be based on a
percentage of receipts. A copy of the lease shall be filed with the city clerk.
The lease requirement may be waived by the City Council.
11/7/78 543.4
r
f
1
Section 13-1603. License Fees. The applicant shall pay a license fee
on either a single event or annual basis. The fee for a single
paddlewheel, tipboard or raffle event shall be $25 each; the annual fee
for a paddlewheel, tipboard or raffle shall be $100 each.
Section 13-1604. Application Procedure. The council shall act upon said
application within 180 days from the date of application, but shall not
issue a license until at least 30 days after the date of application.
Section 13-1605. Profits. Profits from the operation of gambling
devices or the conduct of raffles shall be used only for "lawful purposes,"
as defined by Minnesota Statutes Section 349.12, Subd. 6.
Section 13-1606. Gambling Manager.
(1) Qualifications:
a. Active Member. The gambling manager shall have
been a member in good standing of the organization
for at least six months.
b. One Gambling Manager. There shall be only one gambling
manager for each organization. The gambling manager
may be the same person as the bingo manager within
the organization.
c. Bond. The gambling manager shall provide a
fidelity bond in the sum of $10,000 in favor of the
organization, conditioned on the faithful performance
of his duties, and a copy thereof shall be filed with
the City.
(2) Duties:
a. Gross Receipts. The gambling manager shall keep
records of the gross receipts, expenses, and profits
for each single gathering or occasion at which gambling
devices are operated or a raffle is conducted. A11
deductions from gross receipts for each single gathering
or occasion shall be documented with receipts or other
records indicating the amount, a description of the
purchased item or service or other reason for the
deduction, and the recipient. The distribution of profits
shall be itemized as to payee, purpose, amount, and date
of payment.
b. Separation of Funds. Gross receipts from the operation
of gambling devices and the conduct of raffles shall be
segregated from other revenues of the organization, and
placed in a separate account. The gambling manager shall
not be the same person who accounts for other revenues
of the organization, except bingo gross receipts, expenses,
and profits in the case where the gambling manager is the
same person as the bingo manager.
11/7/78 543.5
(3)
c. Monthly Reports. The gambling manager shall report
monthly to its membership, and to the city clerk,
its gross receipts, expenses and profits from gambling
devices or raffles, and the distribution of profits.
The licensee shall preserve such records for three
years.
Compensation. No compensation shall be paid to the
gambling manager or any other person in connection' with
the operation of a gambling device or the conduct of a
raffle by a licensed organization.
Section 13-1607. Prizes. Total prizes from the operation of paddle wheels
and tipboards awarded in any single day in which they are operated shall
not exceed $500. Total prizes resulting from any single spin of a paddle
wheel or from any single tipboard shall not exceed $100. Total prizes
awarded in any calendar year by any organization from the operation of
paddle wheels and tipboards and the conduct of raffles shall not exceed
$15,000. Merchandise prizes shall be valued at fair market retail value.
(Sections 13-1600 through 13-1607 added by Ordinance 1430, November 6, 1978)
11/7/78 543.6
Sec. 2. Any person violating the provisions of this ordinance shall be
guilty of a misdemeanor and is subject to a fine not to exceed $500 or im-
prisonment for a term not to exceed 90 days or both.
Sec. 3. This ordinance shall take effect 15 days after publication.
Adopted by the City Council N
ember 6, 1978.
Ma or
tration: Approved as to fo m and legality:
=ne City
0 SUN NEWSPAPERS
AFFIDAVIT OF PUBLICATION
Si LOUISPARKSUN
6601 W. 78th St. Bloomington, Minnesota
State of Minnesota
County of Hennepin I
SS.
J R RITCHAY, being duly sworn, on oath says he is and during all times here stated has
been the vice president and printer of the newspaper known at The St Louis Park Sun and
has full knowledge of the facts herein stated as follows (1) Said newspaper is printed in the
English language in newspaper format and in column and sheet form equivalent in printed
space to at least 900 square inches (2) Said newspaper is a weekly and is distributed at least
once each week (3) Said newspaper has 50% of its news columns devoted to news of local
interest to the community which it purports to serve and does not wholly duplicate any other
publication and is not made up entirely of patents, plate matter and advertisements (4) Said
newspaper is circulated in and near the municipality which it purports to serve, has at least
500 copies regularly delivered to paying subscribers, has an average of at least 75% of its total
circulation currently paid or no more than three months in arrears and has entry as second-class
matter in its local post -office (5) Said newspaper purports to serve the City of St Louis Park,
Golden Valley School District No 275 and Robbinsdale School District No 281 in the County
of Hennepin and it has its known office of issue in the City of Bloomington in said county,
established and open during its regular business hours for the gathering of news, sale of
advertisements and sale of subscriptions and maintained by the managing officer or persons
in its employ and subject to his direction and control during all such regular business hours
and devoted exclusively during such regular business hours to the business of the news-
paper and business related thereto (6) Said newspaper files a copy of each issue immediately
with the State Historical Society (7) Said newspaper has complied with all the foregoing conditions
for at least two years preceding the day or dates of publication mentioned below (8) Said
newspaper has filed with the Secretary of State of Minnesota prior to January 1, 1966 and each
January 1 thereafter an affidavit in the form prescribed by the Secretary of State and signed
by the publisher of said newspaper and sworn to before a notary public stating that the newspaper
is a legal newspaper
He further states on oath that the printed Ordinance No: 1430
hereto attached as a part hereof was cut from the columns of said newspaper, and was printed
and published therein in the English language, once each week, forpguccessive weeks,
that it was first so published on Wed the 1 5 day of 'Wnvewber , 19
and was thereafter printed and published on every to and including
the day of 19 and that the following is a printed copy
of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being
the size and kind of type used in the composition and publication of said notice, to -wit
abcdefghi)klmnopgrstuvwxyz
Subscribed and sworn to before me this 15 day of November
( Notarial Seal)
PHYLLIS S. BARTON
NOTARY PUBLIC • MINNESOTA
HENNEPIN COUNTY
Hy Commission Expires Aug. 18, 1984
, 19
(Official Publication)
ORDINANCE NO 1430
AN ORDINANCE RELATING TO
GAMBLING AUTHORIZING THE
OPERATION OF RAFFLES AND
GAMBLING , DEVICES 'BY
LICENSED , ORGANIZATIONS,
AMENDING THE ST LOUIS PARK
ORDINANCE CODE, SECTIONS
12-901, 12-902, 12-903, AMENDING
THE ORDINANCE CODE BY THE
ADDITION OF SECTIONS
13-600-13-1607
THE CITY COUNCIL OF ST LOUIS L
PARK.ORDAINS
Sec 1 The St Louis Park Ord-
ri-
nance Code, Sections 12-901, 12-902, -
12-903 amended, Sections 13-1600 d
through 13-1607 added, to read
PART 9 -Gambling & Related Matters 4
Section 12-901 Prohibited Acts and 11
Adoption of State Statutes Relating to
Gambling The following Statutes of ;
the State of Minnesota as amended -
are adopted by reference and made a
part of this section, three copies of
which are marked4as official copies -
and filed for use and examination by
the public in the office of the City
Clerk, '
Sections 609 75, 609755, 609 76,
609 761, 325 54, Subdivision 1,
340 14, Subdivision 2, and'349 26
In addition - ,
Unless licensed for the opera-
tion of raffles and gambling de-
vices pursuant to Section 13-1601,
(1) It shall be, unlawful toqam-
ble on the outcome of any game of
cards or dice '
(2) It shall be unlawful for any
person to bet any money or other
property at or upon a gambling
table while a game of cards, dice
or other game of chance is being -
played
(3) It shall be unlawful for any •
person to set up, operate ("Hoer -
mit to be set up or operated in or
ori any premises owned of con-
;- trolled by him orthem ,any;slot
machine punch toard;`oT,pther
gaming device which isr will be
used for gamhling-
'(4) No dee oil shall sell, give or
in any way whatever furnish or
transfer to, or for another, a tic-
ket, chance, share, interest or
any paper, certificate, or instru-
ment purporting to be or to rep-
resent a chance, share, or in-
terest in or be dependent upon -the
event of a lottery nor shall anyone
-, by wntmg or printing, circular,
or letter or in any way cause or '
permit to be advertised or circu-
lated at any place within the city
, an account of a aottery, stating
I, how, when or where the same is
,to be or has been drawn or what
°' 'are the prizes therein or the price
of a ticket, of any share of in-
terest therein nor cause to be dis-
seminated information as to
where or how such game or lot-
tery may be obtained where the
sole purpose of such game or lot-)
tery is for gambling
Section 12-902 Lotteries No person
shall offer for sale or distribution in
any way real or personal property, or
any interest therein, to be determined
by lot or chance dependent upon the
drawing of a lottery, nor shall sell,
furnish or procure or cause to be
sold, furnished or procured, in any
manner a chance or -share or any in-
,aterest in propperty offered -for -sale or
1 distribution,lin viofatiod bf this sec-
ttion qr' a fiche[ or 'other et(aence of
'SUETchancet'share;i'p# interest, nor
shall bpeq, set up Or'kt:ep by, himself
or tljrou h tt an office or place
,or
ttckaegst i lite pum s f the
ts in a cry- foc king, re-
cetying of cegis a g'say` bets or
stakes for the dr ng -dr result of
such lottery, nor shall advertise or in
any way publish any 'account of any
opening setting up, or keeping of
such office or place, nor shall let or
permit to be used any building or por-
tion thereof owned or controlled by
him knowing that it is intended to be
used for any of the purposes'specified
in this section where the sole purpose
is gambling, except for those organi-
zations licensed pursuant to Section
13-1601
Section 12-903 Allowing Premises
to be Used for Gambling No person
shall suffer or permit any gambling
table, faro bank or gambling device
to be set up or used for the purpose of
gambling in any house, building, lot
yard, or garden owned, occupied or
controlled by him except for those
organizations licensed pursuant to
Section 13-1601
Section 12-904 Violations Anyone
who violates sections 12-901 through
12-903 above shall be guilty of a niis
' demeanor
1
vices or
used on
defined
tion 349
Secti
ager
(1)
a
ga
bee
ing
lea
' b
, Th
ing
do
ma
bin
ga
ag
bo
fav
dit
m
th
Ci
(2
ga
re
ex
si
w
0
d
g
g
do
of
a
p
of
a
ti
a
a
a
tt
a
sa
in
m
of
dt
3
fro
and
day
not
fro
wh
sha
aw•
org
pad
con
$15,
val
S
pro
gui
)ec
pri
90
'fec
No
Att
(s)
Cd
Re
s'
Ci
-AUTHORIZED Df
VICES
Section 13-1600 Definitions The fo
lowing words and phrases when use
in Sections 13-1601 through 13-160
have the meanings as set fort
herein
(1) "Gambling devices" mean
those gambling devices known as
"Paddle wheels" or' hpboards,"
or apparatus used in conducting
raffles
s a
/ wheel marked off into
nto s cel" honss
containing one or more numbers
and which, after being turned or
spun uses a pointer or marker to
indicate winning chances
(3)
board" men
a boar,
placard orther deva es measur-
ing at least twelve inches square,
market] off in a grid or similar
pattern, in which each section
contains a hidden number or
numbers or other symbol, which'
determines the winning chances
which ch a part eipant buys 4) "Raffle" means a game
cket
for a chance at a prize with the
winner deternuned by a random
drawing
(5) "Profit" means the gross
recgtpts from the operation of
gambling devices and the con-
duct of raffles less reasonable
sums expended for pnzes, local
licensing fees, taxes and mainte-
nance costs for the devices
"Organization"
g
fraternal relig ousnand veterans
organization, or any corporation,
trust, or association organized for
exclusively scientific, literary,
charitable, educational, or artis-
tic purposes, or any club which is
organized and operated exclu-
sively for pleasure or recreation
Section 13-1601 License Required
No person shall directly or indirectly
operate a gambling device or conduct
a raffle without a license
Section 13-1602 Qualifications for
License A license shall be issued only
to fraternal, religious, and veterans
organizations, or any corporation,
trust or association organized for ex'
elusively sctentiftc, literary, charita-
ble, educational, or artistic purposes,
or any club which is organized and
operated exclusively for pleasure or
recreation Such organization must
have been in existence in the City of
St Lotus Park for at least three years
and shall have at least 30 active
members Such organization must
own or lease the premises upon which
and rlafflesvare toebe operated be
conducted
Leases shall be in writing and shall be
for a' term of at least one year No
lease shall, provide that rental pay-
ments be based on a percentage of re-
ceipts A copy of the lease shall be
filed with the city clerk The lease re-
gwrement may be waived by the City
Council
Sechon 13-1803 License Fees The
applicant shall pay a license fee on
either a single event or annual basis
The fee for a single paddlewheel, tip -
board or raffle event shall be $25
each, the annual fee for a paddle-
wheel, hpboard or raffle shall be $100
each
Section 13-1604 Application Proce-
dure The council shall act upon said
aays from the
datecation of application, hbut in 180 shall not issue
a hcense until at least 30 days after
the date of application
Section 13-1605. Profits Profits
from the operation of gambling de-
4 '
K4
r
File No
Affidavit of Publication
ST.LOUISPARK,, SUN
St. Louis Park, Minnesota
In The Matter Of