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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