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Home My WebLink About2004-04 02-19 APSTATE OF MINNESOTA) ss. COUNTY OF HENNEPIN) Richard Hendrickson, being duly sworn on an oath states or affirms, that he is the Chief Financial Officer of the newspaper known as Sun -Post 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 printed public notice that is attached was published in the newspaper once each week, for one successive weeks; it was first published on Thursday, the 19 day of February 2004, and was thereafter printed and published on every Thursday to and including Thursday, the day of 2004; 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 pu tiarrof the notice: abcdefghijklmnopgf6(uvwxyz Subscribed and sworn to or on this C27 day of n O k f "L�� 1V Notaki Public MERIDEL M. HEDBLOM NOTARY PUBLIC MINNESOTA MY COMMISSION EXPIRES 1. 31.2005 newspapers AFFIDAVIT OF PUBLICATION ffirmed before me 200,4. (1) Lowest classified rate paid by commercial users for comparable space (2) Maximum rate allowed by law (3) Rate actually charged CFO n RATE INFORMATION 2.85 per line 6.20 Der line 1.40 per line 16A Brooklyn Center, Brooklyn Park Sun•Post/Thursday,'Feb. 19, 2004 City of Brooklyn Center (Official Publication) Notice of ordinance adoption ORDINANCE NO. 2004.04 AN ORDINANCE AMENDING SECTIONS 11 -717, 23 -1900, AND 23 -1902 OF THE BROOKLYN CENTER CODE OF ORDINANCES, RELATING TO THE CONDUCT OF CHARITABLE GAMBLING IN THE CITY THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Section 11 -717 of the City Ordinances of the City of Brooklyn Center is hereby amended as follows: Section 11 -717 GAMBLING REGULATIONS. 1. Only licensed charitable nonprofit organizations that have been in existence m Brooklyn Center for at least three years may be allowed to [sell pull -tabs, paddletick- ets, or tipboard tickets] conduct lawful gambling on the premises. 2. Use of the licensed premises shall be by means of a writ- ten lease agreement between the licensee and the chari- table organization. The lease shall be for a term of at least one year; a copy shall be filed with the City Manager's de- signee, and also a copy must be kept on the premises and available for public inspection upon request. Leases shall be governed by the following: a. The amount of rent charged may not exceed the amount authorized by law. b. Rental payments may not be based on a percentage of profits from gambling. c. The charitable organization may not reimburse the li censee for any license fees or other gambling related ex- penses incurred by the licensee. d. [Pull -tabs, paddletickets, and tipboard tickets shall nei- ther be sold by employees of the licensee nor sold from the bar service area.] Lawful gambling shall not he con- ducted by employees of the licensee or at the bar service area. e. The lease shall contain a provision permitting the li- censee to terminate the lease if the charitable organi- zation is found guilty of any violation of state or local gambling statutes, ordinances, or rules and regulations. 3. Only one charitable organization shall be permitted to [sell pull -tabs, paddletickets, or tipboard tickets] conduct lawful gambling on the licensed premises. 4. The licensee may not be reimbursed by the charitable organization for any license or permit fees, and the only compensation that the licensee may obtain from the char- itable organization is the rent fixed in the lease agree- ment. 5. The licensee must commit to a minimum of twenty -five (25) hours of [sales of pull -tabs, paddletickets, 'or tipboard tickets] lawful gambling for the charitable organization per week. 6. The licensee shall be responsible for the charitable or- ganization's conduct of [selling pull -tabs, paddletickets, and tipboard tickets] lawful gambling. The City Council may suspend for a period up to sixty (60) days or revoke the licensee's permission to allow lawful gambling on the premises for any violation of state or local gambling laws or regulations that occur on the premises by anyone, in- cluding the licensee or the charitable organization. Any violation may also be considered by the City Council as grounds for suspension or revocation of the on -sale liquor license. Section 2. Sections 23 -1900 and. 23 -1902 of the City Or- dinances of the City of Brooklyn Center are hereby amended as follows: Section 23 -1900 STATEMENT OF POLICY. The City of Brooklyn Center deems it desirable to regulate lawful gambling within its jurisdiction as authorized by Min nesota Statutes, Section 349.213, as it may be amended ..r.: 1.: dinance. additional restrictions on asmbling within its limits beyond those contained in Minnesota Statutes, Chapter 349. as it m -y be amended from time to time. Section 23 -1902. [SALE OF PULL -TABS, PADDLET- ICKETS,AND TIPBOARD TICKETS] LAWFUL GAM- BLINSI IN ON -SALE PREMISES. [The sale of pull -tabs, paddletickets, and tipboard tickets in on -sale licensed premises shall be conducted by qualified and state li- censed charitable organizations.] Lawful gambli p is per i t rS-' ul .S._. Brooklyn Center provided it is conducted by qualified and state licensed charitable organizations in accordance with Minnesota Statutes. Sections 609.75- 609.763. inclusive, t from 1l.. Statutes. Sections 349.11- 349.23. inclusive. as they may be amended from time to time. and this ordinance. [In ad dition to satisfying the qualifications set forth in Min- nesota Statutes, Chapter 349, t] The following regulations and qualifications must be complied with by all such char- itable organizations: 1. The organization must have been in existence in Brook- lyn Center for at least three years. 2. The organization must expend 85% of its expenditures for lawful purposes on lawful purposes conducted or lo- cated within the Cities of Brooklyn Center, Brooklyn Park, Minneapolis, Crystal, Robbinsdale, and Fridley. 3. The organization must file a list containing the names and addresses of all current members with the City Man- ager's designee on an a'Inual basis. 4. The organization must file charitable gambling finan- cial reports monthly wit the City Manager's designee. 5. The organization mw [exhibit and sell pull -tabs, pad dletickets, and tipboard I' conduct lawful gambling in a method as required y the City. 6. Workers or managers n:ay not divulge the number of or the dollar amount of the winners at any time. 7. Workers or managers shall not co- mingle game cards. 8. The organization shall comply with all the provisions of Minnesota Statutes, Chapter 349. 9. The organization shall register with the State Gam- bling Board all equipment and supplies used in a licensed on -sale establishment. 10. The charil •:le organization will be responsible for the booth and other equipment used in the [operation of pull tabs] conductofla -LEGAL P 11. The organization must pay the City of Brooklyn Cen- ter an investigation fee of $250 per year. Section 3. This ordinance shall be effective after adop- tion and thirty days following its legal publication. Adopted this 9th day of February,2004. Mayor Myrna Kragness ATTEST: City Clerk Sharon Knutson Date of Publication: February 19, 2004 Effective Date: March 20, 2004 (Brackets indicate matter to be deleted, underline indi- cates new matter.) (Feb. 19, 2004)P1/Gambling