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HomeMy WebLinkAbout2003-05 05-27 CCOCITY 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. 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, paddletickets, or tipboard tickets 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 [police department] 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. The only form of gambling that shall be permitted on the licensed premises shall be pull -tabs approved by the state.] ORDINANCE NO. 2003 -05 [e.]d. Pull -tabs, paddletickets, and tipboard tickets [shall only be sold from a booth used solely by the charitable organization, and pull -tabs] shall neither be sold by employees of the licensee nor sold from the bar service area. [f. The construction and maintenance of the booth used by the charitable organization shall be the sole responsibility of the charitable organization.] [g.]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 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 [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 organization's conduct of selling pull -tabs, paddletickets, and tipboard tickets. The city council may suspend for a period up to sixty (60) days or revoke the licensee's permission to allow 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. 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, paddletickets, and tipboard tickets in on -sale licensed premises shall be conducted by qualified and state licensed charitable organizations. 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 of gambling in on -sale licensed premises.] three years. [2.11. The organization must have been in existence in Brooklyn Center for at least ORDINANCE NO. 2003 05 [3.]2. [The organization must contribute a significant amount of its proceeds from lawful gambling to lawful purposes 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 period.] 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. [4.]3. The organization must file a list containing the names and addresses of all current members with the [police department] City Manager's designee on an annual basis. [5.]4. The organization must file [pull -tab] charitable gambling financial reports monthly with the [police department] City Manager's designee. [6.]5. The organization must exhibit and sell pull -tabs, paddletickets, and tipboard tickets in a method as required by the City. [7.]6. Workers or managers may not divulge the number of or the dollar amount of the winners at any time. Chapter 349. [8.]7. Workers or managers shall not co- mingle game cards. [9.]8. The organization shall comply with all the provisions of Minnesota Statutes, [10.]9. The organization shall register with the State Gambling Board all equipment and supplies used in a licensed on -sale establishment. [11. The charitable organization shall not use a pull -tab which does not return to the players a minimum percentage of 75% nor a maximum percentage of 80% which percentage 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. 13. No organization may have a pull -tab sale operation in more than one premises in the City; except that an organization 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.] 11. The organization must pay the City of Brooklyn Center an investigation fee of $250 per year. ORDINANCE NO. 2003 -05 Section 3. This Ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted this 27th day of Y 2003. ATTEST: Date of Publication Effective Date City Clerk June 5, 2003 July 5, 2003 (Brackets indicate matter to be deleted, underline indicates new matter.)