HomeMy WebLinkAbout1978-15 11-23 AP CITY OF
BROOKLYN CENTER, (MINNESOTA
ORDINANCE NO.
AN ORDU6ANCE AUTHORIZING
TH ArStfSN OE CERTAIN i
O it'd RVICES BY LICEN
seb'd o�Nlz�►tIONS BROOKLYN CENTER POST
THE �l Y COUNCIL OF THE CITY
OF" isP.VKLYN CENTER ORDAINS
WS:
Set 1,. Chapter 23 of the City
or e 5 of Cit o B rookl y n AFFIDAVIT OF PUBLICATION
C -is hereby by amended by the
a tio,of the following:
aeSt 23 -1900. 'Adoption by
Refaral�a The regulatory provisions
of tAi a Statutes Section 335.53
throu�nd Including Minnesota STATE OF MINNESOTA
Statutes "Section 325.62, Minnesota SS
Statutes :Section 340.14, Minnesota COUNTY OF HENNEPIN
Statutes Section 349.26, Minnesota
StatlNes Section 609.75, and Minnesota
Stafutes 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 E. C. L'Herau(t, being duly sworn, on oath says he is and during all the times herein stated has been the President of The
are here" Incorporated In and made Post Publ ishing Co., publisher and printer of the newspaper known as
a part of this ordinance as though fully
set forth. IZ O O h L Y N CENTER P O ST
Section 23 -1"I. License Required. andhasfuli knowledge of the facts herein stated asfollows:
No person, except a fraternal,. (1) Said newspaper is printed in the English language in newspaper format and in column and sheet form equivalent
religious, vet n( era or otter nonprofit in printed space to at least 900 square inches. (2) Said newspaper is a weekly and is distributed at least once each
organization covered by Minnesota week. (3) Said newspaper has 50 percent of its news columns, devoted to news of local interest to the community which
Statutes Section 290.05, Subil. 1, Clause it purports to serve and does not wholly duplicate any other publication and is not made up entirely of patents, plate matter
(1) or (K), which organization has and advertisements. (4) Said newspaper is circulated in and near the municipality which it purports to serve, has at
been In existence for at .least three least 500 copies regularly delivered to paying subscribers, has an average of at least 75 percent of its total circulation
years and has- of least 30 present, currently paid or no more than three months in arrears and has entry as second -class matter in its local post-
active members, all of whose mem- office. (5) Said newspaper purports to serve the
bership dues are fully paid and who
have been members 'Ibr at least six CITY OF BROOKLYN CENTER
months, -shall possess, keep, use,"
control or operate any gambling 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
device nor have any interest -in the during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and main
operation, possession, use or control of tained by the managing officer of sa id newspaper or persons in its employ and subject to his direction and control during all
gambling devices nor conduct, or such regular hours and at which time said newspaper is printed. (6) Said newspaper files a copy of each issue immediately
operate raffle or have any Interest in with the State Historical Society. (7) Said newspaper has complied with all the foregoing conditions for at least two years
the operation or conduct of a raffle, preceding the day or dates of publication mentioned below. (e) Said newspaper has filed with the Secretary of State of
Including possession of raffle ap Minnesota prior to January 1, 1966 and each January 1 thereafter an affidavit in the form prescribed by the Secretary of
paratus or sale of tickets. No frater State and signed by the managing officer of said newspaper and sworn to before a notary public stating that the newspaper
nal, religious, .veterans or other is a legal newspaper.
nonprofit organization as described
herein, shall possess, keep; use, ,t
control
or operate any gambling
He further states on oath that the printed
device nor have any interest of
operation, possession, use or con tr o l of �t I
gambling devices nor conduct or .fir 7r ti ti t r_ r r
operate a raffle or have any interest In
the operation or conduct Of a raffle
including possession of raffle ap• hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and published therein in
paratus or sale of tickets, without first I
.being duly and lawfully licensed as Set
forth herein. each week, English language, once eac week, for.. ..successive weeks; that it was first so published on c y
Section 23 -1902. Contents of an
Application for a License. Application
for a license shall be made only on the the day of 19 and was thereafter printed and published on every
forms provided by the City Manager.
Four complete copies of the ap-
plication must be submitted to the City to and including the... day of ..19 and that the following is a printed copy of the
Manager's office containing the ad•
dress and le description of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of property to be licensed, The name, p Y 9 type used in
address and telephone number of the
owner, lessee; if any, and the gam-
bling manager whose name shall be the composition and publication of said notice, to wit:
sat forth in the application and the
name, address and telephone number
Of at least two persons of good moral abcciefghijklmnopgrstuvwxyz -5 'a pt. Sans
character who shall be residents of
Hennepin County, who may be sailed
upon to attest to the applicant's or
manager's character. The application
must also state whether the applicant
and gambling manager has ever been
convicted of a crime or offense other
than a traffic offense and, if so, state
complete and accurate information as
to the time, place and nature of such
crime or offense including the
disposition thereof. The application
further must list the names and ad- Subscribed and sworn to before
dresses of all creditors of the ap-
plicant, owner, lessee, gambling
me this day of F f y D. 19..`
manager insofar as and regarding i
credit which has been extended for the
purposes of constructing, equipping,
maintaining, operating or furnishing c
gambling devices or their ac-
couterments. If the application is NOTARIAL SEAL)
on behalf of a Corporation, joint
business venture, partnership or any
legally constituted business
association, it shall submit along with Notary Public,.. County, Minnesota
its application accurate and complete
business records showing the names
and addresses of all Individuals My Commission Expires. .....19...
having an interest in the business,
including creditors furnishing credit
for the establishment, acquisition,
maintenance or furnishing of any
gambling devices, gambling
paraphernalia or their accouterments
and, in the case of a corporation, the
No.
Affidavit of Publication
OF
Pub'Ishod in
BROOKLYN CENTER POST
8801 Bass Lake Road
MINNEAPOLIS, MINNESOTA 55428
DATE OF PUBLICATION
ATTORNEY
FILED
BROOKLYN CENTER POST
11
names and addresses of all officers,
general managers, members of the cmenunify'oi political SubdivM
Board of Directors as well as any or the State of Minnesota or whose
creditors who have extended credit for owners, managers or interested
the acquisition, maintenance or parties have not been similarly
furnishing of gambling devices. denied, revoked or suspended.
All applicants shall furnish to the 4. Licenses shall be issued only to
City, along with their application, applicants who have fully and
complete and accurate documentation truthfully answered all of the in- 1. Fraud, deception or misrepre-
establishing the interest of the ap- formation requested in the ap- sentation in connection with the
plicant and any other person having plication, who have paid the securing of a license.
an interest in the operation, keeping, license fee fully and the fee for 2.Habitual drunkenness or in•
possession, use or control of gambling Investigation and have cooperated temperance in the use of drugs
devices, raffle apparatus or raffle fully and truthfully with the City in including but not limited to the use
tickets. "to review of the application. of prohibited substances defined in
Section 23- 1903. License Fee, S.Lfeenses may be granted only in Minnesota Statutes Chapter 152 or
License Investigation and License complete conformity with all of the Brooklyn Center Ordinances 19-
Year. The annual license fee is and ordinances of the City of Brooklyn
the fee for the investigation for the Center. 1120•
purposes of issuing a license is 6. Licenses shall be Issued only to a 2 Conduct inimical to the interest e
The license fee and fee for the in- fraternal, religious, veterans or the public health, safety, welfare
vestigation of issuance of a license other nonprofit organization or morals.
shall be paid when the application is covered by Minnesota Statutes 4. Engaging o f any conduct or being
filed. In the event that the application Section 290.05, Subd. 1 (1) or (K) convicted of any crime involving or
is denied, or in the event that the which organization has been in allowing others moral others or permitting
license once issued is revoked, can- existence for at least three years n so engage t said
d
celed or surrendered, no part of the and has at least 30 present, active conduct or failing to prevent such
conduct.
annual license fee or fee for the in- members whose membership dues
vestigation of the issuance of a license are fully paid and who have been 5. Failure to fully comply with any of
the requirements of this ordinance
shall be returned to the applicant
members for of least six months. or the failure to comply with any
unless by express action of the City 7 Licenses shall be granted only requirements of the laws or or-
Council. Only one license shall be where the licensed premises meet dinances.of the City of Brooklyn
granted to each organization for each the safety, sanitary and building Center, State of Minnesota or the
year. The licensee shall display the code requirements of the City. United States Government.
license in a prominent place on the CA license shall not be granted
6. Engaging in any conduct which
licensed premises at all times. where the granting of a license would constitute grounds for
Gambling devices, raffles and all
apparatus related to either shall be would be inconsistent with the refusal 23 23 issue a license under
kept, maintained, operated or con- comprehensive development plans Section -1905.
ducted by licensed organizations only of the City, would otherwise The licensee may appeal such
upon the premises which it owns or have a detrimental effect upon suspension, revocation, cancellation
leases except that tickets for raffles other property or properties in the or failure to license to the City Council.
may be sold off the premises. A vicinity' The Council shall consider the appeal
license, unless revoked, suspended or Section 23-1906. Restrictions and at the next regularly scheduled
Regulations. ons. Council meeting on after 10 days
canceled is for the calendar year or a
1. The licensee, the gambling from the service of the notice of appeal
part thereof for which it has been manager and other persons in its to the City Manager. At the conclusion
issued. The fee for the investigation employ, agency or persons with an
for issuance of a license must be interest in such business shall of hearing, the Council may order:
tendered with each new application comply with all applicable or' cancellation revocation, suspension or
for a license and must also be paid at dinances, regulations and laws of cancellation of the ranted or that
any time when there is a proposed the City of Brooklyn Center, the the license not granted.
2 or
change of ownership, change of State of Minnesota and the United canc the revocation, suspension
gambling manager or reapplication States Government. cancellation De lifted and that
t the
for a license wherein additional or 2.The applicant shall designate a certificate be returned the
different parties other than the licensee.
original licensee, parties and gam person to be gambling manager 3. The City Council may base the
who shall be responsible for the revocation, suspension, can
bling manager are proposing to be conduct of the business. Such cellation or other action with
licensed. All licenses granted herein rson shall remain responsible Pe Po regard to the I c con upon any
are nontransferable. The City Council for the conduct of the gambling
shall act upon a license application devices, raffles, and their additional term' and
within 180 days from the date of ap- operation until any other suitable stipulations which they may, in
their sole discretion, impose.
plication, but shall not Issue a license person has been designated r, Section 23-1908. Separability. Every
until at least 30 days after the date of
writing as the gambling manager, section, provision or part of this or-
application. an Investigation fee and ap-
dinance is declared separable from
Section 23 -1904. Granting or Denial of plication for a change of manager every other section, provision or part
Licenses. License applications shall
be reviewed by the Police Depart- has been filed and the proposed provision the extent that if any section,
ment, Planning and Inspection successor the gambling behel i h s holdings of
Department and such other depart- manager shall have been ap- beheld nvalidalid, s such ch ings shall not
proved. The licensee shalt invalidate any other sectiti n on, provision
ments as the City Manager shall deem
necessary. The review shall include an promptly notify the police or Section
2-190
inspection of the premises covered by department a writing of any such Section a t90 Penalties. Whoever
change indicating the address and does any act forbidden by this or-
the application to determine whether name of the new gambling dinance or omits or falls to do any act
the premises conform to all applicable manager and the effective data of required by this ordinance shall be
code requirements. Thereafter, such change.
licenses shall be recommended for 3.The operation or conduct of guilty of a misdemeanor and upon
conviction thereof by lawful authority,
approval or denial by the City gambling devices, reifies or the be punished by a fine not to exceed
Manager to the City Council subject to
the provisions of this ordinance. Any sale of raffle tickets is not per- and t to
miff cee ed between midnight and Ba00 teed 99 days or b s or both. h. Each Each day day that t a a
appeal shall be before the City a.m. of the succeeding day. violation exists consttutes a separate
Council. Licenses permitting the 4•The licensee, gambling manager and distinct violation.
operation, use, keeping or possession or their agents, shall permit and Section 23 -1910. Liability for the
of gambling devices or operation or allow inspection of the premises Crimes of Another. Ever
conduct of raffles or the'possession or and the operation of the gambling to commit, Y person who
keeping of gambling device commits or attempts
devices and raffles by any and all conspires to commit or aids and abets
paraphernalia or raffle apparatus are appropriate city officials. in the commission of any act con.
nonrenewable and application must be S.Violation of the terms and stituting a violation of this ordinance
made each year for a license, per- provisions of this ordinance may or any act, which constitutes an
miffing and allowing the operation, be cause for the revocation, omission and, therefore, a violation of
keeping, use or possession of gambling suspension or cancellation of other this ordinance, whether individually
devices or raffles or raffle apparatus licenses issued by the city to the or in connection with one or more
or any interest therein for the suc- licensee.
ceeding year. Licenses granted herein 6. Upon demand by any .police of- persons or shall ll principal, of s or
are nontransferable. accessory, every be guilty of such
Section 23- 1905. Conditions Gover- finer, any person employed in or by offense and every parson who falsely,
ng Issuance. any licensed premises shall fraudulently, forcibly or willfully
ni
n Issue nee shall be issued if the identify himself by giving his true Induces, causes, coerces, requires,
applicant or any p} its owners, legal name, correct address and permits or directs another to violate
furnishing suitable identification any of the provisions of this Chapter is
managers, employees, agents or therefor. likewise guilty of such offense.
other interested parties are per- 7. No natural person under 18 years Section 2. This ordinance shall
sons of bad repute. of age shall be employed in the become effective after adoption and
2. Licenses shall be Issued only If the operation of gambling devices or upon thirty (30) days following its
applicant and all of its owners, raffles except that persons under legal publication.
managers, employees, agents or 18 years of age may sell raffle Adopted this day of
interested parties are free of tickets or chances. 1978,
convictions for offenses which Section 23 -1907. Revocation, Can
Involve moral turpitude or which cellation or Suspension of License. Mayor
relate directly to such person's The license may be revoked, ATTEST:
ability, capacity or fitness to suspended, canceled or not Clerk
perform the duties and discharge granted by the City Council upon Effective date
the responsibilities of the licensed recommendation of the City (Brackets indicate material to be
activity. Manager by showing that the de(eted, boldface indicates new
3 Licenses shall be issued only to licensee, its owners, gambling matter)
applicants who have not, within manager, employees, agents or (Published in the Brooklyn Center
one year, prior to the day of ap- any of its interested parties have Post November 23, 1978.)
plication, boon denied licensure, engaged in any of the following
have had a license revoked, conduct:
canceled or suspended in or by any