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HomeMy WebLinkAbout1984-05 04-05 AP �Notice ishereby given that apublic hdaring will be held on the 23rd day of April, 1984 of 8:00 p.m. at the City Hill, 6301 Shingle Creek Parkway, to consider an amendment to the City Ordinances. Regarding Gambling Licenses.: ORDINANCE NO. AN ORDINANtE AMENDING BROOKLYN CENTER POST AIWNS 23.1900 'F9l N 23 -1910 1N,G TO ,M LASING AAW,EdULAT10 OF G&BLING DEVICES AFFIDAVIT OF PUBLICATION THE CITY. COUNCIL OF THE CITY OF BROOKLYN CENTER DOES', ;ORDAIN AS FOLLOWS: Section 1 Section 23 -1900 of the :Ci- ty OrdFpances "is hereby amended by STATE OF MINNESOTA deleting the'f[bracketed) material and adding the boldface material: SS, 'Section 23-1900. ADOPTION gv COUNTY OF HENNEPIN .REFERENCE. [The regulatory: provisions of Minnesota Statutes' Section 325.51 through and In :eluding. Minnesota Statutes Section 325,62, Minnesota Statutes Section 340.14, Minnesota Statutes Section 349:26, Minnesota Statutes Section non, being duly sworn, on oath says he is and during all Times nerein stated has been the V ice President 609.75, and Minnesota Statutes of The Post Publishing Co., publisher and printer of the newspaper known as Section 609.761, all of which as amended by Laws 1978, Chapter 507 BROOKLYN CENTER POST i. are hereby adopted by reference, as; a Gambling .Ordinance, regulating and has full knowledge of the facts herein stated as follows: licensing the operation of cer (1) Said newspaper is printed in the English language in newspaper format and in column and sheet form equivalent devices by licensed organiza in printed space 4o at least 900 square inches. (2) Said newspaper is a weekly and is distributed at least once each and are hereby incorporated in week. (3) Said newspaper has 50 percent of its news columns, devoted to news of local interest to The community which d made a part of this ordinance as it purports to serve and does not wholly duplicate any other publ ication and is not made up entirely of patents, plate matter i though fully set forth.I and advertisements. (4) Said newspaper is circulated in and near the municipality which it purports to serve, has at Sect[On. 23 -1900, ADOPTED G'y least 500 copies regularly delivered to paying subscribers, has an average of at least 75 percent of its total circulation R. E F E R E N C E h`i F' currently paid or no more Than Three months in arrears and has entry as second -class matter in its local post REGULATORY PROVISIdNS office. (5) Said newspaper purports to serve the Minnesota Statutes section 34906, CITY OF BROOKLYN CENTER `Minnesota Statutes Section 3e10 r through and including Minne in the County of Hennepin and it has its known office of issue in the City of New Hope in said county, established and open i Statutes `Section 349.39, Minna a neoll e Statutes Section during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and main ne s es Section Sea t, and tained by the managing officer of said newspaper or persons in its employ and subject to his direction and control during all sofon 609.�f1, such regular hours and at which time said newspaper is printed. (6) Said newspaper files a copy of each issue immediately :regulating and licensing #T1e with the State Historical Society. (7) Said newspaper has complied with all the foregoing conditions for at least two years operation of certain .devices 4,y preceding the day or dates of publication mentioned below. (8) Said newspaper has filed with the Secretary of State of Jicensed organizations, are hey Minnesota prior to January 1, 1966 and each January 1 thereafter an affidavit in the form prescribed by the Secretary of adopted by reference and h a State and signed by the managing officer of said newspaper and sworn to before a notary public stating that the newspaper part of this ordinance as th*h is a legal newspaper. fully set forth. Section 2. Section 23-1901 of the eity n ordinances is hereby amended by He further states on oath that the printed r. deleting the {bracketed] material' �iijj the e b0td face material: on 23-1901. LICENSE RE c1. l t c 7 t �C CX_ ED. NO person, except a M ernal, religious, veterans or 1 Fes.un _A_ her nonprofit..organizatfon hereto attached a� part hereof was cut f m the columns of said ne paper, and was printed and published therein in covered by Minnesota Statutes Section [290.05, Subd. 1, Clause 1. j I t 8r•`k) 349.26, Subd. 9 ,which The English language, onceeach week, for I.. successive weeks; that it wasfirstso published on o1'ganiiation has been in existence' k for at least three year ;;:and has at r 4 lea %t an of whose membership 1301 -15 present,: active rherfnb- The. .w' `.'day of <..44.�:�,.......... 19. and was thereafter printed and published on every dues are fully paid and who flave ,dues members for et leiill To and including the.......... day of 19 and That the following is a printed copy of the ^sa0111111A' shall Owne s, k*W, use, control or operate any gambling' ialevice or have any interest in the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in operation, possession, use or controli of gambling devices or conduct or the composition and publication of said notice, To wit: operatcis raffle or have any Interest', in 'thp'•operation or conduct of 'a raffle Including Possession of raffle apparatus or sale of tftets. No abcdefghijklmnopgrstuvwxyz -5 p4. Sans .fraternal; religious, veterans or nonprofit organization as ed herein, shall possess, 7 use, dpntrol or operate any gambling' devices or conduct or' operate raffle or have any interest in the operation or conduct of .:a /`�j/ raffle including possession of raffle' apparatus or the sale of tickets' without being duly and lawfully' /°.z r _licensed as set forth herein. There' shall be a class A gambling license Subscribed and sworn to before and _a class B gambling' license, eligibility for which shall be i o determined by the annual gross me This.. ..........day of. A.D., 19.. i receipts actual or projected of the Organizations gambling operation. A class A license .must be ob Tajned by. organizations whose annual gross receipts, actual or .protected, as determined by the (NOTARIAL SEAL) City Council are less than $3,000. A class B license must be obtained by organizations whose annual Notary Public .................County, Minnesota receipts, actual or pro as determined by the City al are equal to or exceed My Commission Expires 19...... .$3,000. If the annual gross receipts of an organization holding a class A license exceed the maximum permitted under said Class a license, that organization must then apply for, pay the fees for, and be issued a class B license in thefuture. No Affidavit of Publication OF Published in BROOKLYN CENTER POST 8801 Bass Lake Road MINNEAPOLIS, MINNESOTA 55428 DATE OF PUBLICATION ATTORNEY FILED BROOKLYN CENTER POST 11 Section 3. Section 23 -1095 of the City A The licensee Ordinances is hereby amended by gambling manager deleting the [bracketed] material or their agents, shall permit and and adding the bold face material. allow inspection of the premises 'ion 23 -1905. CONDITIONS and the operation of the gambling G NING ISSUANCE. devices and raffles by any and all 1. ricense shall be issued if the appropriate city officials. applicant or any of its owners, 5. [Violation of the terms and pro managers, employees, agents or visions of this ordinance may be other interested parties are per- cause for the revocation, suspen- sons of bad repute. sion or cancellation of other 2. Licenses shag be issued only if license issued by the City to the the applicant and all of its owners, licensee.] All licenses under which' managers, employees, agents or any licensed business is permitted interested parties are free of con- to be carried on upon the licensed victions for offenses which involve premises shall be revoked if the moral turpitude or which relate intentional possession or wilful directly to such person's.. ability, keeping of any such gambling capacity or fitness to perform': the. devices upon the licensed premises duties and discharge the respon- is established, notwithstanding sibilitiesof the licensed activity. that it may not be made to appear 3. Licenses shall be issued' ,only to that such devices have actually 6. Engaging in any conduct which applicants who have not, within been used or operated for the would constitute grounds for one year, prior to the day of',ap_ purpose of gambling. refusal to issue a license under plication, been denied licensure, 6. Upon demand by any police of- Section 23-1905. have had a. license revoked, ficer, any person employed in or The licensee may appeal such canceled or suspended in or b y y an by any licensed premises shall sus identify himself b pension, revocation, cancellation ommunity or political subdivision y giving his true or failure to license to the City the .State of Minnesota o�rwhose legal name, correct address and cil. The Council shall consider owners, managers, or interested furnishing suitable identification appeal at the next regularly parties have not been similarly therefor. s—eduled Council meeting on or after denied, revoked, or suspended. 7• No natural person under 18 years 10 days from the service of the notice 4. Licenses shall be issued only o of age shall be employed in the of appeal y operation of gambling devices or con of the heaManager. g, he Council ap who have fully and truthfully answered all of the in- raffles except that persons under may order: formation requested in the ap- 18 years of age may sell raffle I. A revocation, suspension or plication, who have tickets or chances. paid the cancellation of the license or that license fee fully and the fee for 8. The gambling manager shall the license not be granted. investigation and have cooperated give a fidelity bond in the sum. of 2. That the .revocation, suspension fully and truthfully with the City in $10,000 in favor of the licensee or cancellation be lifted and that review of the application. conditioned upon faithful per- the certificate be returned to the 5. Licenses may be granted only in formance of his duties. Terms of licensee. complete conformity with all of the the bond shall provide that notice 3. The City Council may base the ordinances of the City of Brooklyn shall be given in writing to the revocation, suspension, cancella- Center. licensing authority not less than 30 tion or other action with regard to 6.. Licenses shall be issued only to a days prior to its cancellation. The the license upon any additional fraternal, religious, veterans or City Council may waive the bond terms, conditions and stipulations other nonprofit organizations requirement by including a waiver which- they may, in their sole covered by the Minnesota Statutes Provision in the license but such discretion, impose. Section [290.05, Subd. 1 (1) or action may be taken only by a Section 6. This ordinance shall (K)] 349.25, Subd. 9 'which unanimous vote. 11- ome effective after adoption and organization has been in existence 9. Total prizes from the operation thirty (30) days following its for at least three years and has at of paddlewheels, tipboards and .i publication. least [301 15 present, active Pull -tabs (or ticket jars) awarded ORDINANCE NO. members whose membership dues in any single day in which they are are fully paid and who have been operated shall not exceed 81,000. adopted this da y of Total prizes resulting from any ,19 —r members for at least six months. s single in of a 7. Licenses shall be granted only 9 P Paddlewheel, or Mayor where the licensed premises meet from any single seal of a tipboard, .ATTEST: the safety, sanitary and building each tipboard limited to a single City Clerk code requirements of the City. seal, or from a single pull -tab (or Date of Publication 8. A license shall not be granted ticket jar), shall not exceed $150. .where the granting of a license Total prizes awarded in any cal- endar Effective Date would be inconsistent with the year by any organization comprehensive development plans from the operation of pad- dlewheels, tipboards and pull -tabs (Published in The Brooklyn have a detrimental effect upon of he City, im would otherwise (or ticket jars) and the conduct of Center Post April 5, 1984) as t other property or properties in the raffles, exc provided in .vicinity. Minnesota Statutes Section 349.26, Section 4. Section 23 -1906 of the Ci- Subdivision 15a, shall not exceed ty Ordinances is hereby amended by 835,000. Merchandise prizes shall deleting the [bracketed] material be valued at fair market value. and adding the bold face material: Section 5. Section 23- 1907 of the Section 23 -1906. RESTRICTIONS City Ordinances is hereby amended AND REGULATIONS. by deleting the [bracketed] mate 1: The licensee, the gambling man- rial and adding the bold face mate- ager and other persons in its rial: employ, agency or persons with an Section 23 -1907. interest in such business. shall REVOCATION, CANCELLATION comply with all applicable ordi- OR SUSPENSION OF LICENSE. nances, regulations and laws of the The license may be revoked, City of Brooklyn Center, the State _suspended, canceled or not granted of Minnesota and the United'',States by the City Council upon recom- government. mendation of the City Manager by 2. The applicant shall designate showing that the licensee, its owners, [a] one person to be gambling gambling manager, employees, manager who shall be responsible agents or any of its interested parties for the conduct of the business. have engaged in any of the following Such personnel shall be an active conduct: member of t h e l i c e n s e e I. Fraud, deception or misrepre- organization, or its auxiliary, or sentation in connection with the the spouse or surviving spouse of securing of a license. an active member. Such person 2. Habitual drunkenness, or in- shall remain responsible for the temperance in] The use of illegal conduct of the gambling devices, drugs, including but not limited to raffles, and their operation until the use of prohibited substances as any other suitable person- nasbeen defined in Minnesota Statutes designated in writing as the Chapter 152 or Brooklyn Center gambling manager, an in- Ordinances 19 -1120. vestigation fee and application for Conduct inimical To the interest a change of manager has been of the public health, safety, filed and the proposed successor to welfareor morals. the gambling manager shall have 4. Engaging in any conduct or be- been approved. The licensee shall ing convicted of any crime in- promptly notify the police volving moral turpitude or per- department in writing of any such mitting or allowing others to so change indicating the address a0d engage in said conduct or failing to name of the new gambling man- prevent such conduct. ager and the effective date of such 5. Failure to fully comply with any change. of the requirements of this ordi- 3. The operation or conduct of nance or The failure to comply with gambling devices, raffles or the any requirements of the laws or sale of raffle tickets is not per- ordinances of The City of Brooklyn ,milted between midnight and 8:00 Center, State of Minnesota or the a.m. of the succeeding day. United States government.