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HomeMy WebLinkAbout2004-04 01-22 APSTATE OF MINNESOTA) Subscribed and sworn \o or affirmed before me on this t. .3 day of 3 i•t 1 2004. SS. 1 MERIDEL M. HEDBLOM NOTARY PUBLIC-MINNESOTA MY COMMISSION EXPIRES 141-2005 (1) Lowest classified rate paid by commercial users for comparable space (2) Maximum rate allowed by law (3) Rate actually charged Notary Putildrow newspapers AFFIDAVIT OF PUBLICATION 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 22 day of January 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 antra. ;cation of notice: abcdefghgklmnopei vwxy B CFO RATE INFORMATION 2.85 per line 6.20 per line 1.40 per line City of Brooklyn Center (Official Publication) Notice is hereby given that a public hearing will be on the 9th day of February, 2004, at 7 p.m. or as soon thereafter as the matter may be heard at the City Hall, 6301 Shingle Creek Parkway, to consider 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. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the City Clerk at763- 569 -3300 to make arrangements. ORDINANCE NO. 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 in Brooklyn Center for at least three years may be allowed to [sell pull -tabs, paddletickets, or tipboard tickets] conduct lawful gambling on the premises. 2. Use of the licensed premises shall be by means of a written lease agreement between the licensee and the charitable organization. The lease shall be for a term of at least one year; a copy shall be filed with the City Manager's designee, 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 licensee for any license fees or other gambling related expenses incurred by the licensee. d. [Pull -tabs, paddletickets, and tipboard tickets shall neither be sold by employees of the licensee nor sold from the bar service area.] Lawful gambling shall not be conducted by employees of the licensee or at the bar service area. e. The lease shall contain a provision permitting the licensee to terminate the lease if the charitable organization 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 mb inv en the liegz premises. 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 charitable organization is the rent fixed in the lease agreement. 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 organization'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, including 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 Ordinances 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 Minnesota Statutes, Section 349.213. as it may be amended ordinance. additional restrictions on gambling within its limits beyond those contained in Minnesota Statutes Chapter 349. as it may be amended from time to time. Section' 23 -1902. [SALE OF PULL -TABS, PAl]DLETICKETS, AND TIPBOARD TICKETS] LAWFUL GAMBLING 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 licensed charitable organizations.] Lawful gambling iq permitted in on -sale licensed premises within the City of Brooklyn Center provided it is conducted by q ialified and state licensed charitable organizations in accordance with they may be amended from time to time: Minnesota .1' [In addition to satisfying the qualifications set forth in Minnesota Statutes, Chapter 349, t] The following regulations and qualifications must be complied with by all such charitable organization 1. The organization must have been in existence in Brooklyn Center for at least three years. a s 2. The organization must expend 85% of its expenditures for lawful purposes on lawful purposes conducted or located 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 Manager's designee on an annual basis. 4. The organization must file charitable gambling financial reports monthly with the City Manager's designee 5. The organization must [exhibit and sell pull -tabs, paddletickets, and tipboard tickets] conduct lawful gambling in a method as required by the City. 6. Workers or managers may not divulge the number of or the dollar amount of the winners at any time. 7. Workers or managers shall not co- mingle game card 8. The organization shall comply with all the provisior of Minnesota Statutes, Chapter 349. 9. The organization shall register with the Stat Gambling Board all equipment and supplies used in licensed on -sale establishment. 10. The charitable organization will be responsible f( the booth and other equipment used in the [operation I pull-tabs] conduct of lawful gambling. 11. The organization must pay the City of Brookly Center an investigation fee of $250 per year. Section 3. This ordinance shall be effective aft( adoption and thirty days following its legal publication. Adopted this day of 2004. Mayor ATTEST: City Clerk (Brackets indicate matter to be deleted, underline indicate new matter.) (January 22, 2004) P -1 CHARITABLE