HomeMy WebLinkAboutOrd. 258 - Regulate Lawful Gambling in City
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
ORDINANCE NO. 258B
AN ORDINANCE AMENDING ORDINANCE 258 REGULATING LAWFUL
GAMBLING WITHIN THE CITY OF ANDOVER.
The City Council of the City of Andover hereby ordains; Ordinance No. 258 is amended
as follows:
Section 5.
Approved Organizations.
6)
Leases to an organization for lawful gambling shall have a monthly rental
payment as el:ltlined in Minn. Staq349.1S, Sl:lbd. 1, and Milrn.eseta Rl:lles
7861.60. Said montlTly Fent payments shall inell:lGe heat, eleekieity,
atilites llfll:ljaBitOrial serviees. not to exceed $1,000.00. In addition,
utilities shall be limited to 25% of the permitting facility's actual cost, not
to exceed $750.00 per month.
Adopted by the City Council ofthe City of Andover this 6th day of March, 2002.
CITY OF ANDOVER
Attest:
~;ja
Victoria Volk, City Clerk
.,
CITY OF ANDOVER
COUNTYOFANOKA
STATE OF MINNESOTA
ORDINANCE NO. 258A
An Ordinance repealing Ordinance No. 98 adopted August 20, 1991 and Ordinance No. 98A
adopted February 20, 1996.
AN ORDINANCE REGULATING LAWFUL GAMBLING WITHIN THE CITY OF
ANDOVER.
The City Council ofthe City of Andover hereby ordains as follows:
Section 1.
.AalloptioB. Purpose.
Chapter :3 4 9 of the Minn. Stat is adoptecfb)' roference the same as if it y;er-e fully set forth herein.
The purpose of this ordinance is to closely regulate and control the conduct of gambling and to
ensure that profits derived from gambling activities in the City of Andover provide. to the extent
authorized by law. direct benefits for the citizens of Andover.
Section 2.
Definitions.
For the purposes of this ordinance. the following words and terms will have the meanings given
them:
(1)
(2)
(3)
(4)
(5)
Section 3.
"Board" means the State Gambling Control Board.
"Lawful gambling" means the operation of gambling activities by an organization
eligible for a license from the Board to conduct such activities.
"Net profits." "lawful purpose." and "allowable expense" will have the meanings
provided in Minn. Stat. &349.12 as may be amended from time to time.
"Premises permit" means a resolution adopted by the City Council authorizing the
named organization to operation lawful gambling activities at a specified location
it the City.
"Trade area" means the cities of Andover. Anoka. Coon Rapids. Ramsev. Oak
Grove. and Ham Lake.
License Reauired.
Except as specifically exempted by this ordinance. no organization may operate lawful gambling
activities in the City of Andover without a license issued by the Board.
Section 4.
Premises Permit.
No organization may obtain a new or renewal premises permit. or maintain a premises permit.
unless the organization and location of the lawful gambling activities remain in full compliance
with the provisions of this ordinance and all state laws related to lawful gambling as those laws
mav be amended from time to time. Only one premises permit may be issued to any particular
location in the city.
Section 2.
Section 5.
OFl!an~ations Elie:ible f-ElF Lllwfal Camblin!!: Lieenses.
Approved Or!!anizations.
In order to be eligible for a premises permit. an organization must meet each of the following
requirements:
.^.n organization shall not be eligible to conduct laTl.wl gambling in the City and shall not be
eligible to reeeiye a lawful gambliag license from the Minnesota Charitable Gambling Control
Board unless the organization meets all ofilie requirements imposed by State law and nnless the
organization meets the following cOi~ditions:
(1) The organization has at least fifteen (15) members that are residents of the City of
Andover. Such organization must conduct regular meetings at least montWy and
each person must attend not less than fifty (50) percent of all regularly scheduled
meetings and pay dues annually in order to be considered a member of such
organization for qualification under this ordinance.
(2) The physical site for the organization headquarters or the registered business
office of the organization is located within the City and has been located within
the City for at least two (2) years immediately preceding the application for a
license.
(3) The physical site where the organization regularly holds its meetings and
conducts its activities, other than lawful gambling and fund raising, is in the City
and has been located within the City for at least two (2) years immediately
preceding application for a license.
(4) Meet all the qualifications for a lawful gambling license issued by the Board.
(5) The paddle wheel game is prohibited and no premises permit shall be issued to
any organization to conduct the paddle wheel game.
(6) Leases to an organization for lawful gambling shall have a monthly rental
payment as outlined in Minn. Stat. ~349.18_ Subd. L and Minnesota Rules
7861.60. Said monthly rent payments shall include heat. electricity. utilities and
janitorial services.
Any organization, which meets the conditions set forth above, shall certify in writing on its
application which condition or conditions are being met.
Seetion 3.
Section 6.
EXl3enditares far Lawful Purposes.
Expenditures for Lawful Purposes.
During any year that an eligible organization is licensed to conduct gambling events, not less
than fifty (50) ninety (90) percent of its lawful purpose expenditures will be for lawful purposes
conducted or located within the City of Andover trade area. The City of .^.ndover trade area is
defined as these areas '.vithin the City of .^illdoycr and cach oity contiguous to .\ndoycr. Not less
than ten (10) percent per year of the amounts specified herein must be expended for lawful
purposes with the City of Andover.
A semi-annual report of the expenditures for lawful purposes within the trade area shall be
provided to the City Clerk on or before July 2 and February 2 of each year after the date of the
adoption of this ordinance.
Section <I.
Section 7.
Profits fram Camblin!!: Devices.
Profits fram Camblin!!: Deviees. Net Profits.
During any year that an eligible organization is licensed to conduct gambling events, such
organization shall contribute ten (10) percent ofthe net profits derived from lawful gambling to a
fund administered and regulated by the City, without cost to such fund, for disbursements by the
City of the receipts for lawful purposes.
Sectian S.
Section 8.
Camblin!!: Tax.
Gamblin!!: Tax.
Pursuant to Minn. Stat. 349.213, gambling tax is hereby imposed of one-tenth (1/10) percent of
the gross receipts of each licensed organization from all lawful gambling less prizes actually paid
out by the organization. Such tax shall be imposed and commenced to accrue as of September I,
1991 and shall be payable at the office ofthe City Clerk on October 2, 1991 and on or before
July 2, and February 2 of each year thereafter.
Section 6.
Section 9.
Reconls and Reparts.
Records and Reports.
All qualified organizations operating gambling devices in the City shall keep montWy financial
records of same and provide such records to the City Clerk commencing September 2, 1991 and
on or before July 2, and February 2 of each year thereafter.
Seetian 7.
Section 10.
Baekl!raunu InfarmatiaR.
Back!!:round Information.
A copy of all applications and reports required by and submitted to the Minnesota Charitable
Gambling Control Board shall also be submitted to the City Clerk within seven (7) days after
they are submitted to said Board.
SeetioR 8.
Section 11.
LimitatioR of CamhliRf: Lieenses.
Limitation of Gambling Licenses.
No organization shall be permitted to conduct gambling in more than three (3) establishments
within the City. Only one (1) organization shall be permitted to operate or sell lawful gambling
devices at an owned or leased establishment.
Section 9.
Section 12.
Manae:ement.
Management.
All gambling operations must be managed by a bona fide member of the licensed organization.
Seetion 10.
Section 13.
Disapproval of License.
Disaooroval of License.
Nothing contained in this ordinance shall be deemed to limit the City Council's authority to
disapprove a license for lawful gambling.
Section 14. Aoolication.
Application for a new or renewal premises permit must be made to the City Clerk on forms
provided bv the City.
Section 15. Revocation.
The City Council mav by resolution revoke the premises permit of aily organization that does not
complv with the requirements of this ordinance or State gambling laws as those laws may be
amended and revised from time to time. Prior to adopting a revocation resolution. the
organization will be given at least ten (10) days notice of the time. date. and place of the
revocation hearing. At the hearing, the organization may appear with or without counsel and
submit evidence on its behalf. A resolution revoking a premises permit must include the basis
for that action. A certified copv of the resolution will be forwarded to the Board.
Section 11.
Section 16.
Penalty.
Penalty.
Any person violating any of the provisions of this ordinance shall be guilty of a misdemeanor
and shall be punished in accordance to State law subject to all penalties provided under state law.
Adopted by the City Council of the City of Andover on this 21 st day of August, 2001.
ATTEST:
CITY OF ANDOVER
~ t/ffi
Victoria V olk, City Clerk
~~e4L'"
, ichael R. Gamache, Mayor
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
ORDINANCE NO. 258
An Ordinance repealing Ordinance No. 98 adopted August 20,1991 and Ordinance No.
98A adopted February 20, 1996.
AN ORDINANCE REGULATING LAWFUL GAMBLING WITHIN TIIE CITY OF
ANDOVER.
The City Council of the City of Andover hereby ordains as follows:
Section 1.
Adontion.
Chapter 349 of the Minn. Stat. is adopted by reference the same as if it were fully set
forth herein.
Section 2.
Organizations Eligible for Lawful Gamblin!! License.
An organization shall not be eligible to conduct lawful gambling in the City and shall not
be eligible to receive a lawful gambling license from the Minnesota Charitable Gambling
Control Board unless the organization meets all of the requirements imposed by State law
and unless the organization meets the following conditions:
1) The organization has at least fifteen (15) members that are residents
of the City of Andover. Such organization must conduct regular
meetings at least montWy and each person must attend not less than
fifty (50) percent of all regularly scheduled meetings and pay dues
annually in order to be considered a member of such organization for
qualification under tris ordinance.
2) The physical site for the organization headquarters or the registered
business office of the organization is located within the City and has
been located within the City for at least two (2) years immediately
preceding the application for a license.
3) The physical site where the organization regularly holds its meetings
and conducts its activities, other than lawful gambling and fund
raising, is in the City and has been located within the City for at least
two (2) years immediately preceding application for a license.
Any organization which meets the conditions set forth above, shall certify in writing on
its application which condition or conditions are being met.
1
Section 3.
Exuenditures for Lawful Puruoses.
During any year that an eligible organization is licensed to conduct gambling events, not
less than fifty (50) percent of its lawful purpose expenditures will be for lawful purposes
conducted or located within the City of Andover trade area. The City of Andover trade
area is defined as those areas within the City of Andover and each city contiguous to
Andover.
A semi-annual report of the expenditures for lawful purposes within the trade area shall,
be provided to the City Clerk on or before July 2 and February 2 of each year after the
date of the adoption of this ordinance.
Section 4.
Profit~from Gamblin!!: Devices.
During any year that an eligible organization is licensed to conduct gambling events, such
organization shall contribute ten (10) percent of the net profits derived from lawful
gambling to a fund administered and regulated by the City, without cost to such fund, for
disbursements by the City of the receipts for lawful purposes.
Section 5.
Gamblin!!: Tax.
Pursuant to Minn. Stat. 349.213, gambling tax is hereby imposed of one-tenth (1/10)
percent of the gross receipts of each licensed organization from all lawful gambling less
prizes actually paid out by the organization. Such tax shall be imposed and commenced
to accrue as of September 1, 1991 and shall be payable at the office of the City Clerk on
October 2, 1991 and on or before July 2 and February 2 of each year thereafter.
Section 6.
Records and Reuorts.
All qualified organizations operating gambling devices in the City shall keep monthly
financial records of same and provide such records to the City Clerk commencing
September 2, 1991 and on or before July 2 and February 2 of each year thereafter.
Section 7.
Background Information.
A copy of all applications and reports required by and submitted to the Minnesota
Charitable Gambling Control Board shall also be submitted to the City Clerk within
seven (7) days after they are submitted to said Board.
Section 8.
Limitation of Gamblin!!: Licenses.
No organization shall be permitted to conduct gambling in more than three (3)
establishments within the City. Only one (1) organization shall be permitted to operate or
sell lawful gambling devices at an owned or leased establishment.
2
Section 9.
Mana!!:ement.
All gambling operations must be managed by a bona fide member of the licensed
organization.
Section 10. DisaDDrovalofLicense.
Nothing contained in this ordinance shall be deemed to limit the City Council's authority
to disapprove a license for lawful gambling.
Section 11. Penalty.
Any person violating-any of the provisions of this ordinance shall be guilty of a
misdemeanor and shall be punished in accordance to State law.
Adopted by the City Council of the City of Andover on this 4th day of Mav. 1999.
ATTTEST:
CITY OF ANDOVER
~.~
Victoria V olk, City Clerk
. t mc,Ai
3
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
ORDINANCE NO. 258A SUMMARY
AN ORDINANCE REGULATING LAWFUL GAMBLING WITHIN THE CITY OF
ANDOVER..
STATUTORY AUTHORIZATION AND POLICY
Statutory Authorization
This ordinance is adopted pursuant to the authorization and policies contained in
Minnesota Statutes 349.
Policy
The purpose of this ordinance is to closely regulate and control the conduct of gambling
and to ensure that profits derived from gambling activities in the City of Andover
provide, to the extent authorized by law, direct benefits for the citizens of Andover.
GENERAL PROVISIONS AND DEFINITIONS
Jurisdiction
The provisions ofthis ordinance shall apply to the City of Andover.
Enforcement
The City Clerk or his/her designee shall have the authority to enforce the provisions of
this ordinance.
Interpretation
Interpretation of the provisions ofthis ordinance shall be held to be the minimum
requirements and shall be liberally construed in the favor of the governing body and shall
not be deemed a limitation or repeal of any other powers granted by State Statutes.
A printed copy of this ordinance is available for inspection by any person during regular
office hours of the City Clerk and at the Rum River Branch of the Anoka County Library.
Adopted by the City Council of the City of Andover this 4th day of September. 2001.
CITY OF ANDOVER
Attest:
~tI~
Victoria V olk - City Clerk
't