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HomeMy WebLinkAbout1523 - ADMIN Ordinance - City Council - 1981/09/21SEPTEMBER 21, 1981 .8a ORDINANCE NO. 1523 AN ORDINANCE AMENDING THE ST. LOUIS PARK MUNICIPAL CODE RELATED TO GAMBLING: SECTIONS 13-1600, 13-1602,_13-1603, 13-1606 & 13-1607 THE CITY OF ST. LOUIS PARK DOES ORDAIN: Section 1. The St. Louis Park Municipal Code -is amended as follows: a) Sections 13-1600(1)(3)(4)(6)(7); 13-1602; 13-1603; 13-1606(2)(a); 13-1606(3) & 13-1607 are amended; b) Section 13-1600(5) is added. 1 1 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: 1) "Gambling devices" means those gambling devices known as "paddlewheels," "tipboards," "p1. -taps (or ticket jars)" or aparatus used in conducting raffles. 2) "Paddlewheel" 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. 3) "Tipboard" means a board, placard or other device measuring at least 12 inches square, marked off in a grid or columns, in which each section contains a hidden number or numbers, or other symbol, which determines the winning chances. 4) "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 to take place at a location and date printed upon the ticket. The City may authorize raffles to be conducted by a licensed organization on premises or property not owned or leased by the organization. 5) "Pull -tabs (or ticket jars)" means a single folded or banded ticket or a card, the face of which is initially covered, or otherwise hidden from view, to conceal a number or set of numbers or a symbol or set of symbols. A few of the numbers or symbols out of every set of pull -tabs (or ticket jars) will have been designated in advance and at random as prizewinners. A participant pays a consideration to an operator for the opportunity to obtain a folded or banded ticket or a card, view the numbers or symbols on it and possibly obtain prizewinning pull -tab (or ticket). 6) "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. 7) "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. October, 1981 543.4 1 1 1 Section 13-1601. License Required. No person shall directly -or -indirectly operate a- gambling,device-or conduct a raffle without alicense: Section 13-1602. Qualifications for License. A license shall -be -issued_ only to fraternal, religious and veterans -organizations -„or any_ corpora -- tion, 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 organi- zation must have been in existence in the Lits of St. Louis Park for -at: least three years and shall have at least 30 active members-. Such organ i- zation must own or lease the premises upon which gambling -devices are to be operated and raffles are to be conducted, except that tickets for raffles conducted in accordance with this section may be -sold off the premises. Leases shall be in writing and shall be -for a -term -of at leasttone 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'require-- ments may be waived by the City Council. Section 13-1603. License Fees. The applicant shall pay a license fee -on either a single event or annua-1 basis. The fee for a single paddlewheel, tipboard, pull -tab (or ticket jars), or raffle -event shall be_$30.eachf; the - annual -fee for a paddlewheel, tipboard-, pull -tab (or -ticket -jars), or raffle shall be $120 each. (Sec. 13-1603 amended by Ordinance 1488, November 17, 1980) 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. October, 1981 543.5 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 anger shall keep records of the gross receipts, quantity of free plays, if any, expenses and profits for each single gathering or occasion at which gambling devices are operated or a raffle is conducted. All 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 segre- gated 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 organiza- tion, except bingo gross receipts, expenses and profits in the case where the gambling manager is the same person as the bingo manager. c) Monthly Reports. The gambling manager shall report monthly to the 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. 3) Compensation. No compensation in excess of $25 per week 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 paddlewheels, tipboards and pull -tabs (or ticket jars) awarded in any single day in which they are operated shall not exceed $1,000. Total prizes resulting from any single spin of a paddlewheel or from any single seal of a tipboard, each tipboard limited to a single seal, or from a single pull -tab (or ticket jar), shall not exceed $150. Total prizes awarded in any calendar year by an organization from the operation of paddlewheels, tipboards, pull -tabs (or ticket jars), and the conduct of raffles shall not exceed $35,000. Merchandise prizes shall be valued at fair market retail value. (Sections 13-1600 thru 13-1607 added by Ordinance 1430, Nov. 6, 1978) October, 1981 543.6 1 1 1 Sec. 2. Penalty. Any person violating the provisions of this ordinance shall be guilty of a misdemeanor and upon conviction shall be punished by a fine not more than $500 or by imprisonment for a period not to exceed 90 days or both. Sec. 3. This ordinance shall take effect 15 days after its publication. Adopted by the City Council SepterLber 21, 1981. Mayor Reviewed for administration: App9 ed a . form and legality: • 1111411°/ or 4 L , i, ity Manager City/ ttorney 1 (Official Publication/ ORDINANCE NO 1523 0 SUN ANON ICIP LC CODE ING LOUISMLPARK MUNICIPAL CODE RELATED TO GAMBLING THE CITY OF STILOUIS PARK3DOE2S ORDAIN 1808 @ 13-1607 NEWSPAPERS Section 1 The St Louis07Park ended, Code is amended as follows a) Sections 13-1600(1)(3)(4)(6)(7), 13-1602, 13-1603, 13.1606(2)(a), l3-1606(3) & 13-1607 are amended, b) Section 13.1600(5) is added GAMBLING - AUTHORIZED DEVICES Section 19-1600 Definitions The following words and phrases when used in AFFIDAVIT OF PUBLICATION SectionsGmblin throughice13-1607 have the meanings as ictsorthkn herein 1) Gambling devices" means those gambling devices known as "pad- dlewheels "' tipboards," "pull -tabs (or ticket jars)" or apparatus used in conducting raffles 3) 'Tipboard" means a board, placard or other device measuring at least ST. LOUIS PARK SUN i2 inches square marked off in a grid or columns, in which each section contains a hidden number or numbers, or other symbol, which de- termines the winning chances 4) Raffle" means a at prize with the warner detme in erminch a ed by-aprandom drawing toto take pket for a lac at a location and date printed upon the ticket The City may author' raffles to be conducted by a icensed organization on premises o property not owned or leased by the organization 924 Excelsior Avenue West Hopkins, Minnnes 5) card) the face ticket whlch is initially cove ed,le olor d or otherwise aed ticket or hidden fro symbols A few oll f the ubmbers or symf bols out of every et of pull tao (or ticket jars) will have been designated in advance and at random a State of Minnesota prizewinners A participant pays a consideration to an operator for th opporlunity,to obtain a Folded or banded ticket or a card, View th numbers or symbols on it and possibly obtain prizewinning pull -tab (o County of Hennepin ticket) Sectlon 13-1602 Qualifications for License A license shall be issued only fraternal, religious and veterans organizations, or any corporation, trust association organized for exclusively scientific, literary, charitable, educ tional or artistic purposes, or any club which is organized and operate exclusively for pleasure or recreation Such organization must have been i existence in the City of St Louis Park for at least three years and shall ha D K MOent and N, being duly sworn, on oath says he is and during all times here stated has been at least 30 active members Such organization must own or lease t premises upon which gambling devices are to be operated and raffles are vice president and general manager of the newspaper know as The St Louis Park Sun and has be conducted except that tickets for raffles conducted in accordance wi knowledge of the facts herein stated as follows (1) Said newspaper is printed in the English language this section may be sold off the premises leasee shall be in writing and sh newspaper format and in column and sheet form equivalent in printed space to at least 900 square inchribe ed ons percentage of ieeeipt:mile A copy atelia leadse shallrbe til d With t (2) Said newspaper is a weekly and is distributed at least once every week (3) Said newspaper has 5( cityb aclerk The lease requirements may be swaived bely tehe City Council of its news columns devoted to news of local interest to the community which it purports to serve and du Section 13-1603 License Fees The applicant shall pay a license fee not wholly duplicate any other publication and is not made up entirely of patents, plate matter al either a single event or annual basis 'the fee for a single paddlewh tipboard, pull -tab (or ticket jars), or raffle event shall be $30 each the annu advertisement (4) Said newspaper is circulated in and near the municipalities which it purports` fee fora paddlewheel, tipboard, pulI-tab (or ticket jars), or raffle shall serve, has at least 500 copies regularly delivered to paying subscribers, has an average of at least 75 $120 each of its total circulation currently paid or no more than three months in arrears and has entry as secon 2) Duties g a) Gross Receipts The gambling manager shall keep records of the gr class matter in its local post -office (5) Said newspaper purports to serve the City of St Louis Pat receipts, quantityof free plays, if any, expenses and profits for ea Golden Valley School District No 275 and Robbinsdale School District No 281 in the County of Hennep single gathering r occasion at which gambling devices are operated a rattle is conducted All deductions from gross receipts for each sin and t has its known office of issue in the City of Hopkins in said county, established and open during 1 gathering or occasion shall be documented with receipts or of regular business hours for the gathering of news, sale of advertisements and sale of subscriptions at records indicating the amount, a description of the purchased item maintained by the managing officer of said newspaper or persons in its employ and subject to l service' or other reason for the deduction, and the recipient direction and control during all such regular business hours and devoted exclusively during such regul` distribution of profits shall be itemized as to payee, purpose, amo business hours and at which said newspaper is printed (6) Said newspaper files a copyof each ifs• and dateeof payment compensation in excess of $25 per week shall be p 3) Compensation No cam immediately with the State Historical Society (7) Said newspaper is made available at single I to the gambling manager or any other person in connection with subscription prices to any person, corporation, partnership or other unincorporated associate operation of a gambling device or the conduct of a raffle by a linen organization requesting the newspaper and making the applicable payment (8) Said newspaper has complied with Section 13-1607 Prizes Total prizes trom the operation of paddlewhe foregoing conditions for at least one year preceding the day or dates of publication mentioned below (i tipboard$ and pull -labs (or ticket jars) awarded m any single day in wh Said newspaper has filed with the Secretary of State of Minnesota prior to January 1, 1966 and ear they are operated shall not exceed 81,000Total prizes resulting from single spin of a paddlewheel or from aoysingle seal of a tipboard, e January 1 thereafter and affidavit in the form prescribed by the Secretary of State and signed by tl tipboard limited to a single seal, or from a single pull -tab (or ticket jar), s managing officer of said newspaper and sworn to before a notary public stating that the newspaper est not exceed 5150 Total prizes awarded in any calendar year by an organs legal newspaper tion from the operation of paddlewheels, tlpboards, pull -tabs (or ticket ja and the conduct of raffles shall not exceed $35,000 Merchandise prizes s be valued at fair market retail value Sec 2 Penalty Any person violating the provisions of this ordinance e be guilty of a misdemeanor and upon conviction shall be punished by a He further states on oath that the printed Ordinance NO . 1523 nnothmore than 5500 or by imprisonment for a period not to exceed 90 day hereto attached as a part hereof was cut from the columns of said newspaper, and was printer Sec3 ThT iss ordinCan ance Cshall llltake effect ember 15 5 d 1ys1s after iits publication (s) PHYLLIS MCQM Attest and published therein in the English language, once each week, for one successive weeks (,)FARCE HANSON City Clerk Reviewed for administration (s) JAMES L BRIMEYER Cd. Manager Approved as to form and lega that it was first so published on We d . the 3 0 o day of S ep t . 19 81 (s) WAYNECGiI Py OP (Sept 30, 1981) -SLP to and including and was thereafter printed and published on every 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 abcdefghijklmnopqrstuvwxyz ,P,e i; Subscribed and sworn to before me this �ii day of MERIDEL M. HEDBLOM r ' f4OTARY PUBLIC • MINNESOT, HENNEPIN COUNTY My commission expires July 2, 1986 • J 9 ?/