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Home My WebLink About2018-371 Lawful Gambling Amendement - Revised 8-22-18City of Corcoran County of Hennepin State of Minnesota ORDINANCE NO. 201 t5=J f Motion By: Dejewski Seconded By: LaFave August 23, 2018 AN ORDINANCE AMENDING THE TEXT OF CHAPTER OF THE CITY CODE, ENTITLED LAWFUL GAMBLING The City of Corcoran Ordains: Section 1: Amendment of the City Code. The text of Chapter 116 of the Corcoran City Code is hereby amended by deleting the material and adding the underlined material as follows: CHAPTER 116: LAWFUL GAMBLING 1 � �Ql + PURPOSE The City of Corcoran desires to regulate gambling within its jurisdiction, pursuant to its authority granted by Minnesota Statutes, Chapter 349, and exercise its right to impose additional restrictions on gambling within the City, in order to ensure integrity of operations, and to provide for the use of net profits only for lawful purposes. 1 ��,Q2; PROVISIONS OF STATE LAW ADOPTED The provisions of Minnesota Statutes, Chapter 349, as it shall be amended from time to time, aIt: hereby adopted and made a part Of this Ordinance as if set out in full. � � 6�Q�S� PERMIT REQUIRED, ELIGIBILITY No person, otherwise exempt from licensing by the Gambling Control Board pursuant to Minnesota Statutes Section 349.166, shall conduct lawful gambling within the City without first obtaining a permit to do so under this Chapter of the City Code. Eligible applicant organizations for such a permit must meet all of the following requirements. A. An eligible organization must meet all of the qualifications of Minnesota Statute Section 349.16, subd. 2; and applicant organization must be a religious, fraternal, veterans, or other non-profit organization which conducts the lawful gambling exclusively on the premises owned or leased by the organization; and C. All of the organization's owners, managers, employees, agents, or interested parties are free of felony convictions, convictions of a crime involving gambling, and other convictions for offenses which relate directly to such person's ability, capacity, or fitness to perform the duties and discharge the responsibilities of the gambling activities contemplated; and City of Corcoran County of Hennepin State of Minnesota ORDINANCE NO. 2018-371 August 23, 2016 An organization, along with any of its owners, managers, employees, agents, or interested parties must not have been denied licensure or had a license revoked, cancelled, or suspended by the ambling Control Board or any municipality within one year pri Gor to making the application; and organization's proposal must be consistent with the City's comprehensive development plan and must not have an unreasonably detrimental effect upon other persons or properties in the vicinity of the organization; and E. An eligible organization and all of the organization's owners, managers, employees, agents, or interested parties must not owe delinquent local, state, or federal taxes, and may not be delinquent on any other City bill; and F. An organization must have fully, truthfully, and accurately completed and submitted a valid application for a permit under this Chapter made on the forms provided by the city clerk and paid all applicable fees, as determined from time to time by separate resolution, to the City. � � �,t�4+ PREMISES PERMIT, CITY APPROVAL REQUIRED An applicant, not exempt under Minnesota Statute Section 349.166, seeking to conduct lawful gambling within the City must obtain a valid premises permit from the Gambling Control Board A ith a resolution from the City Council approving the premises permit. The owner of the premises for which a premises permit is sought must comply with all the requirements of Minnesota Statute Section 349.18 in renting or using the premises for lawful gambling. ��,(��* PREMISES PERMIT, CONDITIONS DETERMINING APPROVAL OR DISAPPROVAL In determining whether to appro� City Council shall review all of th any other relevant consideration also maintain its headquarters of maintained the same in that loca or disapprove a premises permit or renewal of the same, the considerations outlined in Section 116.03 of this Chapter and . An eligible applicant for approval of a premises permit must business office within the City's trade area and have Ion for at least two vears Drior to the date of the application. i he Lityjs trace area snau be aetinea as the City of Corcoran and each city contiguous t0 the City of Corcoran. An eligible applicant must also maintain at least 15 active members, as defined by Minnesota Statute Section 349.12, subd. 2, who are residents of the City's trade area each pending application for a premises permit or renewal of the same shall be approved or disapproved by resolution of the City Council within 60 days of receipt of a complete application. l lf,Qf�o LOCAL INVESTIGATION, FEE The City may conduct an investigation prior to making a decision whether to issue or renew or decline to issue or renew any permit pursuant to Sections 116.03 and 116.04. In the event of such an investigation, the City may collect an investigation fee in an amount determined and amended from time to time by separate ordinance. As a part of this investigation, an applicant for a permit pursuant to Sections 116.03 or 116.04 must cooperate fully with the City in supplying all information required in this Chapter. Further, such an applicant and all of its City of Corcoran County of Hennepin State of Minnesota ORDINANCE NO. 2018-371 owners, managers, employees, agents, and interested parties also must consent to a criminal history and driver's license check conducted by the chief of police or his/her designee. Failure of any applicant or listed interested party to so consent shall result in a denial of the license application. August 23) 2016 �.��; CONTRIBUTION OF NET PROFITS Any organization that is granted a permit to conduct lawful gambling within the City pursuant to Sections 116.03 and 116.04 must contribute ten percent of the organization's net profits derived from lawful gambling conducted at the premises within the City's trade area to a fund administered and regulated by the City. This contribution shall be made without costs to such fund and shall be for disbursement by the City of the receipts for lawful purposes, or police, fire, and other emergency or public safety related services, equipment and training, excluding pension obligations. For purposes of this Section, net profits are gross profits less amounts expended for allowable expenses and paid in taxes assessed on lawful gambling. Payments to the fund shall be calculated annually following each fiscal year ending June 30. Annual payments shall be submitted together with verifiable supporting documentation, not later than the twentieth day of the month following the end of the annual period. Failure to comply with this Section shall be ground 1 16.03 and 116.04. s for revocation of a permit or permission granted pursuant to Sections l � �x(�� TRADE AREA EXPENDITURES Every organization conducting lawful gambling within the City shall expend a minimum of fifty percent of its lawful purpose expenditures on lawful purposes conducted or located within the trade area of the City, as defined in Section 116.05. This Section shall apply only to lawful purpose expenditures of gross profits derived from lawful gambling conducted at the premises within the City. Annually, every organization conducting lawful gambling within the City must file with the City a report documenting compliance with this Section. In addition, every organization must submit a report to the City each July listing all lawful purpose expenditures from July 1 through June 30 of the preceding year. Failure to comply with this Section shall be grounds for revocation of a permit or permission granted pursuant to Sections 116.03 and 1160042 �,��; MULTIPLE GAMBLING OPERATIONS AT THE SAME LOCATION No more than one premises permit issued pursuant to Section 116.04 will be aranted for each premises within the City. A permit issued pursuant to Section 116.03 may be issued to a qualifying organization to conduct simultaneous lawful _ambling operations at a location on which a Dremises Dermit has Dreviously been aranted by the City provided the exempt hermit applicant meets all of the following requirements: B . The applicant conducts lawful g The applicant Days a permit fee ambling on 4 or fewer days in calendar year. as identified in the Citv of Corcoran fee schedule. C. The applicant shall not conduct a lawful gambling operation which administers the City of Corcoran County of Hennepin State of Minnesota ORDINANCE NO. 2018-371 same form of gambling as that conducted by the holder o simultaneously on the same premises. August 23, 2016 � � � H r � rv� � e-► � r+ a•� � r rv� , � D. The lawful gambling operation contemplated in the permit shall not be conducted simultaneously with any other operation permitted under Section 116.03 on the same premises, except for the operation conducted by the holder Of the premises permit. E. The applicant shall comply with all other requirements of this Chapter. � I�i.IU: PENALTIES, SUSPENSION AND REVOCATION PROCEDURE A violation of any of the provisions of this Chapter shall be a misdemeanor and grounds for denial, suspension, or revocation of a permit issued under this Chapter. Nothing in this Chapter shall preclude the City from enforcing this Ordinance by means of any appropriate legal action. Prior to suspending or revoking a permit issued under this Chapter, the City shall hold a hearing pursuant to Minnesota Statutes Chapter 14 (Administrative Procedure). The City shall serve notice of the hearing on the permit holder either personally, on the person identified as the owner or responsible party in the application for a permit or via United States first class mail, postage prepaid or by United States registered or certified mail, postage prepaid, return receipt requested, addressed with the last known address of the permit holder to whom notice is intended to be given. After a hearing to take action on a permit, the City Council may suspend or revoke the permit if the Council finds that probable cause exists as to a violation of this Ordinance. � �,� r REPORTING REQUIREMENT Every organization permitted to conduct lawful gambling under this Ordinance or for which the City has granted approval of a premises permit shall file with the city clerk all records and reports which must be filed with the Gambling Control Board. The records and reports must be filed with the city clerk at the same time that they are filed with the Gambling Control Board. This reporting requirement remains an ongoing obligation for all organizations which conduct lawful gambling activities within the City. * SEVERABILITY Every section, provision, or part of this ordinance is declared severable from every other section, provision, or part to the extent that if any section, provision, or part of the Ordinance shall be held to be invalid, such holding(s) shall not invalidate any other section, provision, or part thereof. Section 2. Effective Date This Ordinance shall be in full force and effect upon its publication and passage. City of Corcoran County of Hennepin State of Minnesota ORDINANCE NO. 2018-371 ADOPTED by the City Council on the 40 day of August 23, 2018. VOTING AYE ® Thomas, Ron ❑ Bottema, Jon ® Dejewski, Brian ❑ Keefe, M i ke ® LaFave, Tonya ATTEST Je ica Beise — Ci Cler VOTING NAY ❑ Thomas, Ron ❑ Bottema, Jon ❑ Dejewski, Brian ❑ Keefe, M i ke ❑ LaFave, Tonya Ron Thomas v Mayor Administrative Services Coordinator August 23, 2018 City Seal