Loading...
HomeMy WebLinkAbout2148-99 - ADMIN Ordinance - City Council - 1999/12/06ORDINANCE NO. 2148-99 AN ORDINANCE AMENDING THE ST. LOUIS PARK MUNICIPAL CODE, SECTIONS 13-1600 THROUGH 13-1613 REGULATING THE CONDUCT OF LAWFUL GAMBLING IN THE CITY THE CITY OF ST. LOUIS PARK DOES ORDAIN: Section 13-1600. Purpose. The purpose of this section is to regulate and control the 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 Minn Stats Section 349 213, as may be amended from time to time Section 13-1601. Definitions. As used in this section, the terms defined in Minn Stats 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, paddle -wheel, 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 Minn Stats 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) (g) 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 location of an organization's lawful gambling activities Class of License "Class of License" shall mean a Class A, B, C or D license issued by the Board as authorized under Minn Stats 349 16 (6) as may be amended from time to time (h) Trade Area "Trade Area" shall mean St Louis Park, Minneapolis, Edina, Hopkins, Minnetonka, Plymouth and Golden Valley Ordinance No 2148-99 -2- Section 13-1602. Gambling Permitted. Lawful gambling conducted pursuant to Minnesota Statutes, chapter 349 is authorized within the city and shall be operated in accordance with the terms and conditions specified in this division, other applicable provisions of the city code and state and federal laws and regulations 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 (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 citizens 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 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, and receives an exemption from the State Gambling Board Upon receipt of an application for exemption, the City shall conduct a background investigation of the applicant Pending outcome of that investigation, the City Manager or designee may approve a waiver of the thirty day waiting period or recommend Council action to issue a resolution of denial Section 13-1603. Penalties and Enforcement. (a) 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 (b) Nothing in this ordinance shall be construed to require the city to undertake any responsibility for enforcing compliance with Minn Stats 349 other than those provisions related to the issuance of premises permits as required in Minn Stats 349 213 as may be amended from time to time 1 1 Ordinance No 2148-99 -3- Section 13-1604. Filing of Records; Investigations. (a) Organizations making application to conduct lawful gambling in the city shall complete the city's investigation form, submit copies of all state gambling application forms and submit any additional information required by the city (b) The Police and Inspections Departments shall investigate each organization and report their findings and recommendations to the City Council through the City Manager (c) Every gambling event in the City of St Louis Park conducted by an organization under state license shall be open to inspection by the City (d) Organizations conducting lawful gambling in the city shall submit to the city copies of all reporting forms required by the Board Section 13-1605. Notice, Approval or Disapproval of Premises Permits. (a) Notice The Board shall notify the City Council pending application for a premises permit The applicant shall cooperate fully with the 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 (c) Location All organizations applying for a premises permit must meet criteria set forth herein relating to location of lawful gambling activities Section 13-1606. Location Criteria for Premises Permits. (a) Gambling in the city may be conducted only at the following locations In the licensed organization's hall where it has its regular meetings, In licensed on -sale liquor, wine and beer establishments, Class D (raffle only) premises permits when required are exempt from the location 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 organization, 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 Ordinance No 2148-99 -4- (c) Area Prohibited (1) No premises permit shall be issued for any location within 350 feet of any dwelling (residence), school or place of worship (2) The distance imposed in Subset I above may be waived at the discretion of the Council provided a notice of the time and place of the Council meeting at which the application will be considered shall be mailed at least 10 days before the date of the Council meeting to all property owners of record located wholly or partly within 350 feet of the site where the lawful gambling is proposed This notice will advise the owners they may file any objections with the City Clerk prior to the Council meeting or they may attend the meeting and be heard Section 13-1607. Distribution of Proceeds. Each organization conducting lawful gambling within the city must expend 90% of it's lawful purpose expenditures on lawful purposes conducted or located within the trade area as defined in Section 13-1601 (h) of this chapter This section applies only to lawful purpose expenditures of gross profits derived from lawful gambling conducted at premises within St Louis Park Annually, each organization must file with the city a report prepared by an independent certified public accountant documenting compliance with this section In addition, each organization must submit a report to the city listing all lawful purpose expenditures made in the preceding year The report shall identify the name of the entity to whom the check was written, the city location of the recipient and the amount of the donation Section 13-1608. Local Tax. Any organization authorized to conduct lawful gambling shall pay to the city on a monthly basis a Local gambling tax in the amount of 2% of the gross receipts of a licensed organization from all lawful gambling less prizes actually paid out by the organization Payment shall be made no later than twenty-five (25) days after the end of the preceding month and shall be accompanied by a copy of the monthly return filed with the State Gambling Control Board Section 13-1613. Effective Date Effective date of the ordinance shall be January 1, 2000 r Adopted «y City ncil December 6, 1999 Reviewed for Administration Attest C y Clerk May Approved as to form and execution \•.-_ ty Attorney )\-,-t t- STATE OF MINNESOTA) SS ._ el Pgil newspapers AFFIDAVIT OF PUBLICATION COUNTY OF HENNEPIN) Frank Chilinski, being duly swom on an oath states or affirms, that he is the publisher of the newspaper known as Sun -Sailor , or the president's designated agent, and has full knowledge of the facts stated below (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as provided by Minn Stat. §331A 02, §331A.07, and other applicable laws, as amended. (B) The pnnted public notice that is attached was published in the newspaper once each week, for one successive weeks, it was first published on Wednesday, the 15 day of December , 1999, and was thereafter printed and published on every Wednesday to and including Wednesday, the day of , 1999, and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being dile size and kind of type used in the composition and publication of the notice abcdefghilklmnopgrstu .••••-••"*"( Subscribed and sworn to affirmed efore me on this /N day of 1999 le,' 4,1/ger +"+t. Publisher Nota MERIDEL M HEDBLOM NOTARY PUBLIC -MINNESOTA MY COMMISSION EXPIRES 1.31.2005 oVWWW"Anewvviev~ovvvvvvvvVVV e RATE INFORMATION (1) Lowest classified rate paid by commercial users for comparable space (2) Maximum rate allowed by law 0 3) Rate actually charged $ 2 55 per line $ 6 20 per line $ 1 30 per line City of St. Louis Park (Official Publication) SUMMARY ORDINANCE NO 2148 - 99 AN ORDINANCE AMENDING THE ST LOUIS PARR MUNICIPAL CODE, SECTIONS 13-1600 THROUGH 13-1613 REGULATING THE CONDUCT OF LAWFUL GAMBLING IN THE CITY This ordinance states that sections 13-1600 through 13- 1613 of the Municipal code shall be amended to facilitate the application and investigation process and further reg- ulate the conduct of lawful gambling in the city through the imposition of a city tax on the proceeds denved from lawful gambling and limiting distnbution of lawful pur- pose expenditures to the trade area This ordinance shall take effect 15 days after publication Adopted by the City Council December 6, 1999 /s/ Cynthia D Larsen, City Clerk A copy of the full text of this ordinance is available for in- spection with the City Clerk (December 15, 1999)A3/ Ord 2148-99 _