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Home My WebLink About1848-91 - ADMIN Ordinance - City Council - 1991/02/04a/Vdt/ - ORDINANCE NO. 1848-91 AN ORDINANCE RELATED TO LAWFUL GAMBLING: REPEALING SECTIONS 13-1600.1(b)(c), 13-1600.8 THROUGH 13-1600.16; RENUMBERING AND/OR AMENDING SECTIONS 13-1600.1, .2, .3, .4, .5,.6,.7, TO BECOME SECTIONS 13-1600 THROUGH 13-1609; ADDING NEW SECTIONS 13-1601(a)(f)(g); 13-1605(c); 13-1606(d); 13-1607 and 13-1610 THE crrY OF ST. LOUIS PARK DOES ORDAIN: Sec. 1. The St. Louis Park Municipal Code, Sections 13-1600.1 through 13-1600.16, is hereby amended, repealed and renumbered to become Sections 13-1600 through 13-1610 and read as attached: LAWFUL GAMBLING Section 13-1600. Purpose. The purpose of this section is to regulate and control and conduct of lawful gambling in the City of St. Louis Park by providing standards and criteria related to the approval or denial of premises permits as required by Minnesota Statute Section 349.213, as may be amended from time to time. Section 13-1601. Definitions. As used in this section, the terms defined in MSA 349.12 are incorporated herein and by reference: a) Board. "Board" shall mean the Minnesota Gambling Control Board. b) Lawful Gambling. "Lawful Gambling" is the operation, conduct or sale of bingo, raffles, paddlewheels, tipboards and pulltabs. c) Organization. "Organization" shall mean any fraternal, religious, veterans or other nonprofit group which has at least 15 active dues - paying members and either has been duly incorporated in Minnesota as a nonprofit organization 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, as defined in MSA 349.12 as may be amended from time to time. d) Organizational License. "Organizational license" ("license") shall mean a license for lawful gambling issued by the Board. e) Bingo Occasion. "Bingo occasion" means a single gathering or session at which a series of one or more successive bingo games are played. f) Premises Permit. "Premises permit" shall mean a permit issued by the Board to an organization as defined herein, after approval by a City Council resolution. A premises permit shall designate the loca- tion of an organization's lawful gambling activities. g) Class of License. "Class of License" shall mean a Class A, B, C or D license issued by the Board as authorized under MSA 349.16(6) as may be amended from time to time. 1991 534.4 Section 13-1602. 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 the lawful gambling requirements: (0) 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 dor occasion celebrating an `event proclaimed by-ithe 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 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-brizes awarded are real or personal property donated by an individual, firm or other organization. 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. (e) 1 1991 534.5 Section 13-1603. 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) (4) 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 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. Section 13-1604. City Investigation Fee. (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. Section 13-1605. Notice;Approval or Disapproval of Premises Permits. (a) NORC9. 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 1991 officials in supplying all information provided for in this Section. The City Council shall determine whether the organization meets all the 534.6 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. (c) Location. All organizations applying for a premises permit must meet criteria set torte herein relating to location oT lawful gambling activities. 7 Section 13-1606. Location Criteria for Premises Permits. (a) Gambling in the City may be conducted only at the following locations: (1) In the licensed organization's hall where it has its 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) 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. (c) Area Prohibited. (1) No premises permit shall be issued for any location within 350 feet of any private residence, dwelling, apartment house, school or place of worship. 1991 534.7 (2) The distance imposed in Subsection (1) above may be waived at the discretion of the City Council upon receipt of a written statement, signed by at least 75 percent of the residents within 350 feet of the premises where lawful gambling is proposed, stating they do not object to the issuance of a premises permit. If a place of worship or school is located within said 350 feet, the applicant organization must also obtain a written statement from an official authorized to rct on behalf of the place of worship or school that they have no objection to the proposed premises permit. In no event shall the distance between the premises and a residence, place of worship or school be less than 200 feet. (d) Parking Requirements. Premises permits will not be approved if the location does not meet current parking requirements as prescribed in the St. Louis Park Municipal Code. Section 13-1607. Exemptions for Organizations Licensed as of August 9, 1990. Notwithstanding the requirements of Sections 13-1600 et seq, organizations with Class A, B, C or D licenses issued by the Board and operating in the City of St. Louis Park on August 9, 1990, may continue to operate and renew their premises permits for the same class of license at their current location, so long as the organizations comply with the require- ments of MSA Chapter 349 as may be amended from time to time. Section 13-1608. Penalties. It shall be a misdemeanor to carry on any lawful gambling activity without a valid premises permit. Nothing in this section shall preclude the City from enforcing this ordinance by means of any appropriate legal action. Section 13-1609. 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. 1991 534.8 Section 13-1610. Enforcement Responsibility. Nothing in this ordinance shall be construed to require the City of St. Louis Park to undertake any responsiblity for enforcing compliance with MSA Chapter 349 other than those provisions related to the issuance of premises permits as required in MSA 349.213 as may be amended from time to time. Section 13-1611. Reserved for future amendments. Section 13-1612. Reserved for future amendments. Sec. 2. Effective Date. This ordinance shall take effect February 28, 19TE (15 days after its publication). Adopted by the City Council Attest�� s Beverl A. Flans an 4"Ar. / / Y g City Clerk February 4,1991. /s/ Lyle W. Hanks Mayor ) /in Reviewed fo dministration: Approved as to,form and � e�xecution: /s/ W. C. Dixon /s/ Suesan Pace -Shapiro City Manager 1991 City Attorney 534.9 1 Minnesota Suburban Newspapers City of St. Louis Park (Official Publication) AFFIDAVIT OF PUBLICATION Summary ORDINANCE' Na 1948-91 AN ORDINANCE RELATED TO LAWF-UL `AMBLING. REPEAIJ G;$ECIIIR)11313-16007(b)(c), IIIISTATE OF MINNESOTA)13'1 VOH 13.160016• RENUM-IKD/OR AMENDING SS SECTIONS TO 7, BECOME,$EC TONS 13-1600 THROUGH 13.1609,,ADDING'NEW SECTIONS COUNTY OF HENNEPIN) 13-I6o1(a)(f)(g);43-1806(c). 13-1606(d), 13-1607 and 13-1610 G r e i� o r y P t a c i n Summary Thus ordinance repeals certain being duly sworn on an oath says that he/she i bl [ry u& 1de area k ti ns, 10 -percent contribution to the.City, the filing of monthly reports with the City Clerk, limiting one the publisher or authorized agent and employee of the publisher of the newspaper known a premises Permit Per -location, cat, and limning o�nizations to two locations witlun the City This o:dmance adds dgambling efimbons of ar S t . Louis Park Sailor board, premises permits, class of hcerse, and en- , and has full knowledge of the facts which forcement responsibility The ordinance retains regulations related to purpose definitions, exemptions, inveshgabon fee stated below and locational criteria/area prohibited Effective Date: Ttnf o►dmance shall take effect February 78, 1991,(115 days after�its publication) (A)The newspaperAdopted by the City Caincil February 4 1991 has complied with all of the requirements constituting qualification as a qualified newspape /s/,LYLE W i dCS or Mayor (The full tact of this ordinance is available with the City Clerk ) as provided by Minnesota Statute 331A 02, 331A 07, and other applicable laws, as amended (Feb 13, 1991) -SLP (8) The printed Ordinance No. 1848-91 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 publishedon Wednesday , the 13 day •f Fe b r u a r Y , 19 91. , 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 abcdefghrlklmnopgrstuvwxyz • BY: TITLE General Manager Acknowledged before me on this 13 day of February , 19 91. INF MERIDEL HEDBLOM NOTARY PUBLIC—MINNESOTA HENNEPIN COUNTY CO M14SSI +1 EXPIRES 7.2.02 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 $ 1 10 per line (Line, word, or inch rate) $ 6494 per line (Line, word, or inch rate) $ 594 per line (Line, word, or inch rate)