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HomeMy WebLinkAbout1834-90 - ADMIN Ordinance - City Council - 1990/07/16r r ORDINANCE NO. 1834-90 AN ORDINANCE AMENDING THE ST. LOUIS PARK MUNICIPAL CODE RELATED TO LAWFUL GAMBLING: RENUMBERING AND AMENDING FORMER SECTION 13-1600. ADDING SECTIONS 13-1600.1 THROUGH 13-1600.16 PROVIDING FOR DEFINITIONS, PREMISES PERMITS, EXEMPTIONS, FEES, CONTRIBUTIONS, NONCONFORMING USES, ETC. THE CITY OF ST. LOUIS PARK DOES ORDAIN: Section 1. Section 13-1600 of the St. Louis Park Municipal Code is hereby renumbered, amended, and integrated into the attached Sections 13-1600.1 through 13-1600.16 which are added to read: LAWFUL GAMBLING Section 13-1600.1. Purpose. The purpose of this Section is to regulate and control the conduct of lawful gambling ("gambling") and to insure that profits derived therefrom in the City of St. Louis Park ("City") provide, to the fullest extent authorized by law, direct benefits to the City's citizens. Section 13-1600.2. Definitions. As used in this Section, the terms defined in Minnesota Statutes, Section 349.12 are - incorporated herein and by reference: (a) Lawful Gambling. "Lawful gambling" is the operation, conduct or sale of bingo, raffles, paddlewheels, tipboa s and pulltabs. (b) Organization. "Organization" shall mean any fraternal, religious, veterans or other nonprofit group which has at least 25 active dues -paying members, and either has been duly incorporated in Minnesota as a nonprofit or_ganization for the most recent three years or has been recognized by the Internal Revenue Service as exempt from income taxation for the most recent three years and has at least 25 members. (c) Organizational License. "Organizational license" ("License") shall mean a license for lawful gambling issued by the State Gambling Control Board ("Board"). (d) Bingo Occasion. "Bingo occasion" means a single gathering or session at which a series of one or more successive bingo games are played. (e) Trade Area. "Trade area" shall mean St. Louis Park, Minneapolis, Edina, Hopkins, Minnetonka, Plymouth and Golden Valley. (f) Net Profits. "Net profits" shall mean gross profit, less reasonable sums actually expended for allowable expenses. Section 13-1600.3. Notice. Approval or Disapproval. (a) Notice. The Board shall notify the City Council in writing in the manner required by law of each pending application for a premises permit. The applicant shall cooperate fully with City officials in supplying all information provided for in this Section. The City Council shall determine whether the organization meets all the criteria provided for in this Section necessary to approve a premises permit. (b) Approval or Disapproval. Each pending application for a premises permit shall be approved or disapproved by resolution of the City Council within 60 days of receipt of a complete application. Section 13-1600.4. Gambling Prohibited; Exemption. No person except an organization which has a premises permit from the Board pursuant to Minnesota Statutes, Chapter 349, or an organization permitted under this Section, shall conduct lawful gambling within the City. The following bingo and raffle activities are exempt from lawful gambling requirements: (a) Bingo may be conducted without a premises permit if it is in connection with a civic celebration and if it is not conducted for more than four consecutive days in a calendar year. A civic celebration is an event which celebrates a recognized national holiday or occasion celebrating an event proclaimed by the St. Louis Park City Council. (b) Bingo may be conducted without a premises permit if it is conducted by an organization which conducts four or fewer bingo occasions in a calendar year. (c) Bingo may be conducted without a premises permit within a nursing home, senior citizen housing project or by a senior -2- 1 f b citizen organization if the prizes for a single game do not exceed $10, total prizes awarded at a single occasion do not exceed $200, no more than two occasions are held each week, only members or residents are allowed to play, no compensation is paid for persons conducting the bingo, and a manager is appointed who must first register with the Board. (d) Raffle may be conducted without a premises permit if it is conducted by an organization and if the value of all raffle prizes awarded in a calendar year does not exceed $750, or if the raffle is conducted by a tax-exempt health or social service organization under contract to the state or a political subdivision if the prizes awarded are real or personal property donated by an individual, firm or other organization. (e) Lawful gambling may be conducted without a premises permit if the organization conducts gambling on five or fewer days in a calendar year, does not award more than $50,000 in prizes in a calendar year, receives City Council approval, and receives an exemption from the Board. Section 13-1600.5. Application. (a) Premises Permit. An organization shall make application for a premises permit on a form prescribed by the Board. The application shall contain the following: (1) The name and address of the applying organization and of the organization's gambling manager and employees; (2) A description of the site for which the license and permit are sought, including its address and, where applicable, its placement within another premises or establishment; (3) If the site is leased, the name and address of the lessor and such information about the lease as the City may require, including all rents and other charges for the use of the site; and (4) Other information the City deems necessary to carry out the purposes of this Section. (b) An organization holding a premises permit must notify the City Clerk in writing within 10 days whenever any material change is made in the above information. The City Clerk shall forward said information to the City police investigator. -3- Section 13-1600.6. City Investigation Fees. (a) Organizations applying for or renewing premises permits shall pay an investigation fee of $250. This fee shall accompany the application, and it shall reimburse the City for its cost incident to conducting a background investigation of the organization, its employees, and the location from which the organization intends to operate. (b) The City Clerk, police license inspector and the Department of Inspectional Services shall investigate each application and report their findings and recommendations to the City Council through the City Manager. The findings and recommendations shall contain a statement from the Department of Community Development that the premises comply with --all provisions of this Section and the City_'s Zoning Ordinance_._ Section 13-1600.7. Location. (a) Gambling in the City may be conducted only at the following locations: (1) In the licensed organizations's hall where it has itsIII regular meetings; (2) In licensed on -sale liquor, wine and beer establishments; (3) Class D (raffle only) premises permits when required are exempt from the locational restrictions prescribed in this Section; (4) No location shall be approved unless it complies with the applicable zoning, building, fire and -health codes of the City and other regulations contained in this Section. (b) No more than one premises permit shall be issued at any location in the City. (c) No organization may conduct gambling in more than two locations within the City. (d) Bingo on Leased Premises. A person or corporation, other than an organization, which leases any premises it owns to an organization for the purpose of conducting bingo, may not allow more than 18 bingo occasions to be conducted on the premises in any week. Not more than six bingo occasions each week may be conducted by an organization. At least 15 bingo games must be held at each occasion and a bingo occasion must continue for at least 1.5 hours, but not more than four consecutive hours. -4- r f b (e) Area Prohibited: (1) No premises permit shall be issued for any location with 350 feet of any private residence, dwelling, apartment house, school or place of worship. (2) The distance imposed in Subsection (1) above may be waived at the discretion of the City Council upon application to the City. In no event shall the distance be less than 200 feet. The organization shall present to the City a statement in writing, signed by at least 75 percent of the residents, church officials or school board to the effect that they have no objection to the granting of a premises permit at the proposed location. Organizations currently licensed in the City may continue to operate or have their premises permits renewed without regard to the requirements of this Section as long as such premises permits continue to comply with all other provisions of this Section and other laws. Applications for new premises permits made after the effective date of this Section shall comply with the consent requirements contained in this Section. (3) Premises permits will not be approved if the location does not meet current parking requirements as defined in City Code Section 14-187 as may be amended from time to time. Section 13.1600.8. Gambling Manager and organization's employees. (a) All lawful gambling must be conducted under the supervision of a gambling manager, licensed pursuant to Minnesota Statute Section 349.167(2) as amended from time to time. (b) The gambling manager shall be a member of the organization and must attend at least 70 percent of the organization's meetings. (c) A gambling manager may not act as a gambling manager for more than one organization within the City's trade area. (d) No person shall serve as a gambling manager if the person has ever been: (1) Convicted of a criminal violation involving fraud, theft, tax evasion, misrepresentation or gambling; (2) Convicted of assault, a criminal violation involving the use of a firearm or making terrorist threats; or -5- (3) Has engaged in conduct the City Council determines is contrary to the public health, welfare or safety or the4111 integrity of lawful gambling. (e) The same criteria as applied in determining the fitness of a gambling manager shall be applied to all employees of a licensed lawful gambling organization. Section 13-1600.9. (Reserved for future amendments.) Section 13-1600.10. Expenditures within City. An organization that has received a premises permit to conduct lawful gambling must expend all of its proceeds from lawful gambling on lawful purposes conducted in the City's trade area as defined in Section 13-1600.2(e) of this Chapter. Section 13-1600.11. (Reserved for future amendments.) Section 13-1600.12. (a) Contributions to City. The licensed organization operating in the City shall donate 10 percent of the net profits derived from lawful gambling to the City. (b) The 10 percent dedication to the City shall be paid on a quarterly basis based upon a fiscal year commencing on January 1 of each year. (c) The City shall credit the funds from the organization to a designated City account administered by the City without cost to the account. -6- 1 r b (d) The funds in the account shall be distributed by the City for lawful purposes as defined in Minnesota Statutes Section 349.12. Section 13-1600.13. Filing of records; inspections; and access to records. (a) Every organization _permitted to conduct lawful gambling in the City of St. Louis Park shall file with the City Clerk copies of all records and reports required to be filed with the Board pursuant to Minnesota Statutes, Chapter 349 and the rules and regulations promulgated thereunder. The records and reports shall be due the same time they are due to the Board. (b) Every gambling event conducted in the City of St. Louis Park by an organization under Minnesota Statutes, Chapter 349 shall be open to inspection by officers of the City of St. Louis Park Police Department and other City officials as may be designated from time to time by the City Manager. (c) Employees of the St. Louis Park Police Department and Department of Inspectional Services may inspect, at any reasonable time without notice or search warrant, all records of a licensed or permitted organization, including gambling account and other bank records required by the Board to be maintained and preserved. Section 13-1600.14. Srandfathering of existing licensed organization.. Organizations currently licensed by the Board which are operating in the City of St. Louis Park may continue to operate and may renew their premises permit as long as such premises permits comply with all other provisions of this Section and other laws. Section 13-1600.15. Severability. If any portion of this ordinance is found to be invalid for any reason whatsoever, the validity of the remainder shall not be affected. -7- Section 13-1600.16. Penalties. Violation of this Section constitutes a misdemeanor. This Section does not preclude civil and criminal penalties under applicable laws. Failure to make timely reports and payment of taxes and contributions as required by this Section may result in a recommendation to the Board that the organization's premises permit should be revoked. Section 2. Effective Date. This ordinance shall take effect 15 days after its publication..(August 9, 1990). Adopted by the City Council July 16, 1990. c:t?st: City Cl rk s/ Beverly AFlanagan Reviewed for administration: .Diyt Mayor / /s/ Lyle W. Hanks Approved as to form and execution: )ua km. Paa - Skis pu4 City Manager /s/ W. C. Dixon City Attorney /s/ Suesan Pace -Shapiro 111 ZSPS 98(19) -8- r Minnesota Suburban Newspapers City of St. Louis Park AFFIDAVIT OF PUBLICATION Summary (Official Publication) AN ORDINORDINANCE AMENDING834-90 THE ST LOUIS PARR MUNICIPAL CODE- RELATED TO LAWFUL GAMBLING.. RENUMBERING AND AMENDING FORMER SECTION 13-1600, ADD- ING OF MINNESOTA) ING SECTIONS 1316001-IRQUGH 13-160016 Code related7 'fid Ce.mmbnds the City's SS of the following.; A -,#750i motion fee, a COUNTY OF HENNEPIN) 10 °�'t� ��bedsa,b,eabrrlec�- tyty to a lawful prl9cabon requirements m - eluding profit ]b tetLarbasofpremises permit re- Gregory e- Gre orY P t a c i n gi11 sment, all c t ' must be within the , being duly sworn on an oath says that he/she �}ty trade ,exemptions Effective Date This ordinance shall take effect 15 days after its publication (August 9, 1990) Adopted by the City Council 1990 the Publisher or authorized agent and employee of the publisher of the newspaper known isi L� W HANKS yor (The full text of this ordinance is available awittb S t . Louis Park Sailor , and has full knowledge of the facts which thQ City Clerk(July 25, 1990) -SLP stated below. (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as provided by Minnesota Statute 331A 02, 331A 07, and other applicable laws, as amended (B)The printed Ordinance No. 1834-90 which is attached was cut from the columns of said newspaper, and was printed and published once each week, for one successive weeks, it was first published on Wednesday , the 25 day f Jul Y , 19 90 , and was thereafter printed and published on every and including to , the day of , 19 , and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice Acknowledged before me on this abcdefghuklmnopgrstuvwxyz BY TITLE 25 day of uIY 1990 Not MERIDEL HEDBLOM NOlARV PUBLIC --MINNESOTA HENNEPIN COUNTY MY COMMISSION EXPIRES 7$92 7 Gene al anager RATE INFORMATION (1) Lowest classified rate paid by commercial users for comparable space (2) Maximum rate allowed by law for the above matter (3) Rate actually charged for the above matter $ 110 per line (Line, word, or inch rate) $ 649t per line (Line, word, or inch rate) $ 59$ per line (Line, word, or inch rate)