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HomeMy WebLinkAbout1984-05 04-23 CCO Notice is hereby given that a public hearing will be held on the 23rd day of April, 1984 at 8 :00 p.m. at the City Hall, 6301 Shingle Creek Parkway, to consider an amendment to the City ordinances regarding gambling licenses. ORDINANCE NO. 84-5 AN ORDINANCE AMENDING SECTIONS 23 -1900 THROUGH 23 -1910 RELATING TO THE LICENSING AND REGULATION OF GAMBLING DEVICES THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Section 23 -1900 of the City Ordinances is hereby mended by deleting the [bracketed] material and adding the underlined material: Section 23 -1900. ADOPTION BY REFERENCE. [The' regulatory provisions of Minnesota Statutes Section 325.53 through and including Minnesota Statutes Section 325.62, Minnesota Statutes Section 340.14, Minnesota Statutes Section 349.26, Minnesota Statutes Section 609.75, and Minnesota Statutes Section 609.761, all of which as amended by Laws 1978, Chapter 507, are hereby adopted by reference, as a Gambling Ordinance, regulating and licensing the operation of certain devices by licensed organizations and are hereby incorporated in and made a part of this ordinance as though fully set forth.] Section 23 -1900. ADOPTED BY REFERENCE. The regulatory provisions of Minnesota Statutes Section 349.26, Minnesota Statutes Section 349.30 through and including Minnesota Statutes Section 349.39, Minnesota Statutes Section 609.75 and Minnesota Statutes Section 609.761, regulating and licensing the operation of certain devices by licensed organizations. are hereby adopted by reference and made a part of this ordinance as though fully set forth. Section 2. Section 23 -1901 of the City ordinances is hereby amended by deleting the [bracketed] material and adding the underlined material: Section 23- 1901. LICENSE REQUIRED. No person, except a fraternal, religious, veterans or other nonprofit organization covered by Minnesota Statutes Section 290.05 Subd 1, Clause I or K1, 349.26 Subd 9 which organization has been in existence for at least three years and has at least [30] 15 present, active members, all of whose membership dues are fully paid and who have been members for at least six months, shall possess, keep, use, control or operate any gambling device or have any interest in the operation, possession, use or control of gambling devices or conduct or operate a raffle or have any interest in the operation or conduct of a raffle including possession of raffle apparatus or sale of tickets. No fraternal, religious, veterans or other nonprofit organization as described herein, shall possess, keep, use, control or operate any gambling devices or conduct or operate a raffle or have any interest in the operation or conduct of a raffle including possession of raffle apparatus or the sale of tickets without being duly and lawfully licensed as set forth herein. There shall be a class A' gambling license and a class B gambling license, eligibility for which shall be determined by the annual gross receipts, actual or projected of the organization's gambling operation. A class A license must be obtained by organizations whose annual gross receipts, actual or projected, as determined by the City Council are less than $3,000. A class B license must be obtained by organizations whose annual gross S receipts, actual or projected, as determined by the City Council are equal to or exceed $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 ORDIWNCE NO. 84 -5 1. The licensee, the gambling manager and other persons in its employ, agency or persons with an interest in such business shall comply with all applicable ordinances, regulations and laws of the City of Brooklyn Center, the State of Minnesota and the United States government. 2. The applicant shall designate [a] one person to be gambling manager who shall be responsible for the conduct of the business. Such person shall be an active member of the licensee organization, or its auxiliary, or the spouse or surviving spouse of an active member. Such person shall remain responsible for the conduct of the gambling devices, raffles, and their operation until any other suitable person has been designated in writing as the gambling manager, an investigation fee and application for a change of manager has been filed and the proposed successor to the gambling manager shall have been approved. The licensee shall promptly notify the police department in writing of any such change indicating the address and name of the new gambling manager and the effective date of such change. 3. The operation or conduct of gambling devices, raffles or the sale of raffle tickets is not permitted between midnight and 8:00 a.m. of the succeeding day. 4. The licensee, gambling manager or their agents, shall permit and allow inspection of the premises and the operation of the gambling devices and raffles by any and all appropriate City officials. 5. [Violation of the terms and provisions of this ordinance may cause for the revocation, suspension or cancellation of other license issued by the City to the licensee.] All licenses under which any licensed business is permitted to be carried on upon the licensed premises shall be revoked if the intentional possession or wilful keeping of any such gambling devices upon the licensed premises is established, notwithstanding that it may not be made to appear that such devices have actually been used or operated for the purpose of gambling, 6. Upon demand by any police officer, any person employed in or by any licensed premises shall identify himself by giving his true legal name, correct address and furnishing suitable identification therefor. 7. No natural person under 18 years of age shall be employed in the operation of gambling devices or raffles except that persons under 18 years of .age may sell raffle tickets or chances. 8. The gambling manager shall give a fidelity bond in the sum of $10,000 in favor of the licensee conditioned upon faithful performance of his duties. .Terms of the bond shall provide that notice shall be given in writing to the licensing authority not less than 30 days Trior to its cancellation. The City Council may waive the bond requirement by including a waiver provision in the license but such action may be Fa only by a unanimous vote.. -3- ORDINANCE NO. 84-- -5 must then apply for, pay the fees for, and be issued a class B license in the future. Section 3. Section 23 -1095 of the City Ordinances is hereby amended by deleting the [bracketed] material and adding the underlined material: Section 23- 1905. CONDITIONS GOVERNING ISSUANCE. 1. No license shall be issued if the applicant or any of its owners, managers, employees, agents or other interested parties are persons of bad repute. 2. Licenses shall be issued only if the applicant and all of its owners, managers, employees, agents or interested parties are free of convictions for offenses which involve moral turpitude or which relate directly to such person's ability, capacity or fitness to perform the duties and discharge the responsibilities of the licensed activity. 3. Licenses shall be issued only to applicants who have not, within one year, prior to the day of application, been denied licensure, have had a license revoked, canceled or suspended in or by any community or political subdivision or the State of Minnesota or whose owners, managers, or interested parties have not been similarly denied, revoked or suspended. 4. Licenses shall be issued only to applicants who have fully and truthfully answered 'all of the information requested in the application, who have paid the license fee fully and the fee for investigation and have cooperated fully and truthfully with the City in the review of the application. 5. Licenses may be.granted only in complete conformity with all of the ordinances of the City of Brooklyn Center. 6. Licenses shall be issued only to a fraternal, religious, veterans or other nonprofit organization covered by the Minnesota Statutes Section [290.05, Subd. 1 (I)' or (K)? 349.25, Subd. 9 which organization has been in existence for at least three years and has at least [30] 15 present, active members whose membership dues are fully' paid and who have been members for at least six months. 7. Licenses shall be granted only where the licensed premises meet the safety, sanitary and building code requirements of the City. 8. A license shall not be granted where the granting of a license would' be inconsistent with the comprehensive development plans of the City, or would otherwise have a detrimental effect upon other property or properties in the vicinity. Section 4. Section 23 -1906 of the City Ordinances is hereby amended by deleting the [bracketed] material and adding the underlined material: Section 23 -1906. RESTRICTIONS AND REGULATIONS. -2- c3.DzV2NTCE NO. £34 9. Total prizes from the operation of paddlewheels, tipboards and pull-tabs or e p ticket jars) awarded ink single day in which they are operated shall not exceed $1,000. Total prizes resulting from any single spin of a paddlewheel, or from any single seal of a tipboard, each tipboard limited to a sine seal, or from a single pull -tab (or ticket jar), shall not exceed $150. Total prizes awarded in any calendar year by any organization from the operation of paddlewheels, tipboards and pull -tabs (or ticket jars) and the conduct of raffles except as Provided in Minnesota Statutes p p utes Section 4 9.26 Subdivision 1 a shall n Geed 3 5 of ex $35,000... Merchandise prizes shall be valued at fair market value. Section 5. Section 23 -1907 of the City Ordinances is hereby amended by deleting the ['bracketed] material and adding the underlined material: Section 23 -1907. REVOCATION, CANCELLATION OR SUSPENSION OF LICENSE. The license may be revoked, suspended, canceled or not granted by the City Council upon recommendation of the City Manager by showing that the licensee, its owners, gambling manager, employees, agents or any of its interested parties have engaged in any of the following conduct: 1. Fraud, deception or misrepresentation in connection with the securing of a license. 2. Habitual drunkenness or [intemperance in] the use of illegal drugs including but not limited to the use of prohibilited substances as defined in Minnesota Statutes Chapter 152 or Brooklyn Center Ordinances 19 -1120. 3. Conduct inimical to the interest of the public health, safety, welfare or morals. 4. Engaging in any conduct or being convicted of any crime involving moral turpitude or permitting or allowing others to so engage in said conduct or failing to prevent such conduct. 5. Failure to fully comply with any of the requirements of this ordinance or the failure to comply with any requirements of the laws or ordinances of the City of Brooklyn Center, State of Minnesota or the United States government. 6. Engaging in any conduct which would constitute grounds for refusal to issue 'a license under Section 23 -1905. The licensee may appeal such suspension, revocation, cancellation or failure to license to the City Council. The Council shall consider the appeal at the next regularly scheduled Council meeting on or after 10 days from the service of the notice of appeal to the City Manager. At the conclusion of the hearing, the Council may order:' 1. A revocation, suspension or cancellation of the license or that the license not be granted. 2. That the revocation, suspension or cancellation be lifted and that the certificate be returned to the licensee. -4- CRDIN&NM NO. 84 -5 3. The City Council may base the revocation, suspension, cancellation or other action with regard to the license upon any additional terms, conditions and stipulations which they may, in their sole discretion, impose. Section 6. This ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted this 23rd day of April 19 84 1 Mayor 4 r ATTEST: Date of Publication April 5, 1984 Effective Date May 5, 1984 (Underline indicates new matter, brackets indicate matter to be deleted.) —5—