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HomeMy WebLinkAbout2003-05 05-08 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 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 May 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 publication of notice: abcdefghijklmnopgrstubwxyz Subscribed and sworn to or affirmed before me on this G day of 2003. t. NotayI ss. successive weeks; it was first published on Thursday, the 8 day of 2003, and was thereafter printed and published on every Thursday to and MERIDEL M. HEDBLOM NOTARY PUBLIC-MINNESOTA MY COMMISSION EXPIRES 1414005 v is RATE INFORMATION (1) Lowest classiiied rate paid by commercial users for comparable space (2) Maximum rate allowed by law (3) Rate actually charged newspapers AFFIDAVIT OF PUBLICATION CFO 2.85 per line 6.20 per line 1.40 per line I City of Brooklyn Center (Official Publication) CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 27th day of May, 2003, at 7 p.m. or as soon thereafter as the matter may be heard at City Hall, 6301 Shingle Creek Parkway, to consider an amendment to Chapters 11 and 23 relating to the conduct of charitable gambling. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please contact the City Clerk at 763 569 -3306 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING SECTIONS 11 -717 AND 23 -1902 OF THE BROOKLYN CENTER CODE OF OR- DINANCES, RELATING TO THE CONDUCT OF CHAR- ITABLE 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. paddletickets.. r tipboard tickets on the premises. 2. Use of the licensed premises shall be by means of writ- ten lease agreement between the licensee and the charita- ble organization. The lease shall be for a term of at least one year, a copy shall be filed with the [police department] City Manager's designee, 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 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. The only form of gambling that shall be permitted on the licensed premises shall be pull-tabs approved by the state.] [e.]d. Pull-tabs s ets ti ti e 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. [£lg• The construction and maintenance of the booth used by the charitable organization shall be the sole responsi- bility of the charitable organization. [g.I f. 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-tabs d. e o t' a ti 'cke on the li- censed premises. 4. The licensee may not be reimbursed by the charitable organi zation 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 twenty -five (25) hours of sales 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 pull -tabs, paddletickets and tipboav ijir i's. 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 regulations that occur on the premises by anyone, induding 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, s 4 =1 0_ 11 •BI a 1 C 1 S 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 orga- nizations. In addition to satisfying the qualifications set forth in Minnesota Statutes 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 ofgambling in on -sale licensed premises.1 [2.11. The organization must have been in existence in Brooklyn Center for at least three years. [3.12. [The organization must contribute a significant amount of its 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 ninety percent (90%) when averaged over a three year pe- riod.] The organization must expend 900 of itt expendi- tures for lawful purposes on lawful purposes conducted or located within the Cities of Brooklyn Center. Brook yn Park Minnea lia. Crystal. Robbinsdale, and Fridley. [4.]n. The organization must file a list containing the names and addresses of all current members with the [iv- lice department] Citv Manager's designee on an annual basis. [5.]i. The organization must file [pull -tab] charitable gamc. Ong financial reports monthly with the [police depart- ment] City Manager's designee [6.15. The organization must exhibit and sell pull -tabs, paddletickets. and tipboard tickets 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. [8.12. Workers or managers shall not co-mingle game cards. [9.]8. The organization shall comply with all the provi- sions of Mmne o a to p Chapter 349, [10.]2. The organization shall register with the State Gambling Board all equipment and supplies used in a li- censed on -sale establishment. i [11. The charitable organization shall not use a pull-tab which does not return to the players a minim percent- age of 75% nor a maximum percentage of 80% which per I centage shall include free plays awarded.] [12.] 10. The charitable organization will be responsible for the booth and other equipment used in the operation of pull -tabs. i [13. No organization may have a pull-tab sale operation in more than one premises in the City; except that an orga- nization may be authorized to conduct one more than the number of gambling operations it is lawfully conducting on the effective date of this ordinance.] [14.1 11. The organization must pay the City of Brooklyn i 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 day of 2003. Mayor ATTEST: City Clerk Date of Publication Effective Date (Brackets indicate matter to be deleted, underline indi- cates new matter.) (May 8, 2003)P]/Gambling