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Home My WebLink About2003-05 06-05 APSTATE OF MINNESOTA) 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 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 5 day of June 2003, and was thereafter printed and published on every Thursday to and including Thursday, the day of 2003; 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 Subscribed and sw i day of Nota ss. abcdefghijklmno or affirmed e ore me 3. MERIDEL M. HEDBLOM NOTARY PUBLIC-MINNESOTA MY COMMISSION EXPIRES 141005 .W VW newspapers AFFIDAVIT OF PUBLICATION Sun -Post and has full (1) Lowest classified rate paid by commercial users for comparable space (2) Maximum rate allowed by law (3) Rate actually charged RATE INFORMATION Li 2.85 per line 6.20 per line 1.40 per line City of Brooklyn Center (Official Publication) CITY OF BROOKLYN CENTER NOTICE OF ORDINANCE, ADOPTION ORDINANCE NO. 2003-05 AN ORDINANCE AMENDING SECTIONS 11-717 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 and who contribute the majority of pull-tab proceeds for lawful purposes within the City of Brooklyn Center] may be allowed to sell pull -tabs, naddletickets. or tipboa' d ticket* 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 aterm of at least one year a copy shall be filed with the [police department] City Manager's deaionee, and also:a copy must be kept on the premises and available for public inspection upon re- quest, Leases shall be governed by the following: a. The amount of rent charged may not exceed the amount authorized bylaw. 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. Id. The only form of gambling that shall be permitted on the licensed premises shall be pull-tabs approved by the state.] Ie.ld. Pull- tabs, paddletickets. and tiphnard tickets [shall only be sold from a booth used solely by the charitable or- ganization, and pull-tabs] shall neither be sold by em- ployees of the licensee nor sold from the bar service area. If. The construction and maintenance of the booth used by the charitable organization shall be the sole responsibili- ty of the charitable organization.] Ig.la. The lease shall contain a provision permitting the li- censee 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- tabsuaddletickets. or tinboard tickets on the li- censed premises. 4. The licensee may not be reimbursed by the charitable organization for any license or permit fees, and the only compensation [which] 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 25)'hours of s of pull -tabs, paddletickets. or tipboard tickets for the charitable organization per week. 6. The licensee shall be:responsible for the charitable or ganization's conduct of selling nadd1eticket and: d e u li p ard sale tickets. The city council may suspend for a period up to sixty (60) days or revoke the licensee's per mission to allow gambling on the premises for any viola- tion of state or local gambling laws or- regulatlons 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. Chapter 23 -1902 of the City Ordinances of the City of Brooklyn Center is hereby amended as follows: Section 23 -1902. (PULL -TABS] SALE OF PULL TABS, PADDLETICKETS. AND TIPBOARD TICKETS IN ON- SALE PREMISES. The sale of pull-tabs, naddletickets and tipboard tickets in on -sale licensed premises shall be conducted by qualified and sta fitenset] charitable orga- nizations. In addition to satisfying the qualifications set forth in Nlinnesot, Chapter 349, the following regulations and qualifications must be complied with by all such charitable organizations: [1. The sale of pull-tabs shall be the only authorized form of gambling in on -sale licensed premises-] [2.11. The organization -must have been in existence in Brooklyn Center for at least three years. [3.]2. [The organization must contribute a significant amount ofits proceeds from lawful gambling to lawful pur- poses within the City of Brooklyn Center. For purposes of this ordinance, the word "significant" is defined as over percent (909) when' averaged over a, three year pe-• rind:] The organization must expend 85% of its expendi- tures for lawful purpopes:on lawful purposea conducted or located within the Cities of Brooklyn Center. Brooklyn Park. Minneapolis. Crystal. Robbinsdale and Fridlev, [4.1 The organization must file a list containing the names and addresses of all current members with the [po- lice department] City Manager's designee on an annual [5.14.. The organization must file [pull-tab] charitable gambling financial reports monthly with the [police de- partment] City Manager's designee. [6.15. The organization must exhibit and sell pull- tabs, paddletickets. and tipboard ticket% in a method as re- quired by the City. [7.1¢. Workers or managers may not divulge the number of or the dollar amount of the winners at any time. [8.17. Workers or managers shall not co-mingle game cards. [9.18. The organization shall comply with all the provi- sions of Minnesota Statutes, Chapter 349. (10.12. The organization shall register with the State Gambling Board all equipment and supplies used in a li- censed on -sale establishment. [11. The charitable organization shall not use a pull -tab which does not return to the players a minimum percent- age of 75% -nor a maximum percentage of 80% which per- centage shall include free plays awarded.] [12.11(1• The charitable organization will be responsible for the booth and other equipment used in the operation of pull-tabs. [13. No organization may have a pull-tab sale operation in more than one premises in the City; except that an or- ganization may be authorized to conduct one more than the number of gambling operations it is lawfully conduct- ing on the effective date of this ordinance.] [14.111. The organization must pay the City of Brooklyn Center an investigation fee of $250 per year. Section 3. This Ordinance shall become effective after adoption and upon thirty (30) days following its legal pub- lication. Adopted this 27th day of May 2003. Mayor Myrna Kragnes's ATTEST: City Clerk Sharon Knutson Date of Publication: June 5, 2003 Effective Date: July 5, 2003 (Brackets indicate matter to be deleted, underline indi- cates new matter.) (June 5, 2003)P1/ Ord 2003 -05