HomeMy WebLinkAbout1978-16 11-23 AP CITY OF
BROOKLYN CEI4TER, MINNESOTA
ORDINANCE NO.
AN ORDINANCE AUTHORIZING
THE OPERATION OF WNGO BY
LICENSED O"ANIZATION5 1
THE CITY CO(fNOL OF THE CITY
OF BROOKLYN. CENTER DOES
ORDAIN AS FOLLOWS:
a� g fc Rr 23 of the City IIROOKLYV CENTER POST
Ipo Center ncasrg f t City of Brooklyn
X �Q Center is hereby amended by the
repeat of the following:
(Section 23. APPLICATION AFFIDAVIT OF PUBLICATION
'FOR PERMIT. The playing of the
9�,1me of Bingo as authorized by
Minnesota Statutes Sections 614.653 -4
is hereby prohibited unless the
following rules are compiled with:
(a)Any association authorized,by STATE OF MINNESOTA I
said law to conduct the game of
Bingo shall apply to the City SS.
Clerk for a permit to play said COUNTY OF HENNEPIN
game, and shall fill out an appli-
cation In duplicate in such form
as required by said clerk. If dur-
ing the perlad for which the per
m)t is used there is.a, change In
the officers ef'the association, a
new application containing such E. C. L'Herault, being duly sworn, on oath says he is and during all the times herein stated has been the President of The
change must be made and filed Post Publishing Co., publisher and printer of the newspaper known as
with the City
ill applicant shall set forth the BROOKLYN CENTER POST
hours and days game will
be played and shall. pay a fee to and has full knowledge of the facts herein stated as follows:
the City at the time of applying (1) Said newspaper is printed in the English language in newspaper format and in column and sheet form equivalent
for a permit, computed as fol- in printed space to at least 900 square inches. (2) Said newspaper is a weekly and is distributed at least once each
lows: week. (3) Said newspaper has 50 percent of its news columns, devoted to news of local interest to the community which
For each day that the game it purports to serve and does not wholly duplicate any other publication and is not made up entirely of patents, plate matter
will be played, a fee of $1.00, If and advertisements. (4) Said newspaper is circulated in and near the municipality which it purports to serve, has at
authority (s granted to play least 500 copies regularly delivered to paying subscribers, has an average of at least 75 percent of its total circulation
more than 4. hours on any day, currently paid or no more than three months in arrears and has entry as second -class matter in its local post-
the `fee shalt. be $2. office. (5) Said newspaper purports to serve the
fee shau be $2. CITY OF BROOKLYN CENTER
it is unlawfpl:,to".play at other
times than those enumerated in 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
the application. If the permit is during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and main-
denied or revoked- at any time, tained by the managing officer of said newspaper or persons in its employ and subject to his direction and control during all
thaf amount of the fee represent- such regular hours and atwhich time said newspaper is printed. (6) Said newspaperfiles a copy of each issue immediately
ing the unplayed games shall be with the State Historical Society. (7) Said newspaper has complied with all the foregoing conditions for at least two years
returned to the applicant. preceding the day or dates of publication mentioned below. (8) Said newspaper has filed with the Secretary of State of
(c)unless special authority is given Minnesota prior to January 1, 1966 and each January I thereafter an affidavit in the form prescribed by the Secretary of
by the City Council for particular State and signed by the managing officer of said newspaper and sworn to before a notary publ is stating that the newspaper
occasions,ro Bingo shall is a legal newspaper.
be played f%w hours
'o
on any dey"' lon twice
tt�it He further states on oath that the printed f '4 "'i�
1 34 *1e6I fn Minnesot Si SftYtutes 4..053 unless such or
have or exi s t ence i t shall hereto attached as a part hereof was cut from the columns of said new and was p rinted and ublished therein in
have been in ex(stence in the eltY P P
of Brooklyn Center for atleast
two years prior to the "date of
making application for such per the English language, once each week, for ...successive weeks; that it was first so published on
mit; provided, however, that this
limitation shall not apply to 'a F
subsidiary of any religious, char- lei day of 19 and was thereafter printed and publ ished on ever
itable, fraternal or veterans or
ganizationss of national or state
wide jurisdiction that shallhave to and including the.......... day of 19......and that the following is a printed copy of the
been irr existence more, than two
years.)' lower case al habet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of (Section 2? -602( PERMIT: The P Y 9 9 type used in
application for a permit °shall be
referred to the City 'Council 'for its
approval or disapproval. It shall be the composition and publication of said notice, to wit:
unlawful to conduct the dame`of 096
unless the City County {dpprwpSlD
applicatiofY:'The p6r1ai)`tUEplre abcdefghijklmnopgrstuvwxyz5 pt. Sans
one year froth th',� oatek Of Councll;j
approval, and permits may be
revoked at any time by -ON city
Council.)
(Section 23403. MINIMU*, No
person shall perm Of l
Bingo to be operated ,hwr'
under the age of 18 years excejSt when
such minor is accompanied: by his or
her parents or guardian.)'
(Section 23404. RESTRICTIONS
The game of Bingo can be conducted
only by the members of the Subscribed and sworn to before
association. No member shall receive
any compensation whatsoever for his r r
services in conducting, assisting in me this. day of A.D 19
conducting, or operating said game,
and no person .shall so assist in L l o fze= f
operating the same unless he shall
have been and shall then be, a
member, or the spouse of a member,
in good standing of said organization (NOTARIAL SEAL)
for at least one year. The game may
be played only in the association's hall
4, where it has its regular meetings. No Notary Public,_ ........................County, Minnesota
4 r such association shall rent, lease or
occupy, directly or indirectly, any
other property for the purpose of My Commission Expire,_ .......................19......
conducting such games other than at
the regular meeting places except by
special authority of the City Council.
No person receiving any compensa-
tion from the association shall par-
ticipate in any way in the conduct
management or operation thereof.)
other than at the regular meeting
places except by special. authority of
the City Councr tenaer&a with each new application least 30 present, active members,
h,p6R rspn receiving Section 23.602. Contents of an Ap- for o license and must also be paid at whose membership dues are fully
any compe from the any time when there is a proposed paid and who have been members
aesocfsRien atssth do an pliution for a License. Application for change of ownership, change of bingo for at least six months.
wdy ImAho c�ct,+tm or a license shall be made only on the
apliWion fhetyd9,) ea(�09e(pltflt forms provided by the City Manager. manager or reapplication for a license 7. Licenses shall be granted only
Section 23 -605. ADVERTISING Four complete copies of the ap- where an additional or different party
where the licensed premises most
RESTRICTED. E -60S. all be plication must be submitted to the City other than the original licensee, the safety, sanitary and building
advertise in any manner the playing Manager's Office containing the parties and bingo manager are code requirements of the City,
of Bingo, except that not more than address and legal description of the proposing to be licensed. All licenses 8.A license shall not be granted
two signs, each not to exceed the property to be licensed, the name, granted herein are nontransferable. where the granting of a license
dimensions a two by four feet, maybe address and telephone number of the The City Council shall act upon a would be inconsistent with the
displayed on the building where the owner, lessee, if any, and the bingo license application within 180 days comprehensive development plans
me of Bingo is being building played, con- manager whose name shall be set from the date of application, but shall with the City or would otherwise
game
to only the words, "Bingo Played forth in the application and the name, not issue a license until at least 30 days have a detrimental effect upon
Here," together with the name of the address and telephone number of at
after the date of application. other property or properties In the
licensee and the day and hour of such least two persons of good moral Nu. Section 2 3-604. License Granting or Denial of vicinity.
playing except by special authority by character who shall be residents of Licenses. License applications shall Section 23-606. Restrictions and
Hennepin County, who may be called be reviewed by the Police Depart- Regulations.
the City Council, but such organization
upon to attest to the applicant's and Affidavit of Publication ment, Planning and inspection 1,The licensee, the bingo manager
cularizing information to its own must also state whether the applicant OF ments as the City Manager shall deem
shall not be prohibited from cir- manager's character. The application Department and such other depart
and other persons its employ,
membership about such Bingo and bingo manager have ever been necessary. The review shall Include an in such busine ss sh busin s ess s shall it
games.) convicted of a crime or offense other inspection of the premises covered by a hall c complyomply ith an with
Section 23 -606. RECORD than traffic offense and, if so, state the application to determine whether all applicable ordinances,
regulations and laws of the City of
REQUIRED. Each organization the premises conform to all applicable Brooklyn Center, the State of
having received a permit for playing complete and accurate information as code requirements. Thereafter, Minnesota and the United States
the game of Bingo shall keep a to the time, place and nature crime or offense including g the licenses shall be recommended for Government.
such
manent record containing the nam
and addresses of all winners of prizes disposition thereof. The application approval or denial the City 2. The applicant shall designate
of $100 or more which shall be kept on further must list the names and ad- Manager toCity Council subject to person to be bingo manager who
file and open for inspection at any time dresses of all creditors of the the provisions of this Ordinance. Any shall be responsible for the conduct
by the City Council or its authorized manager go b owner, lessee, and appeal shall be before the City of the business. Such person shalt
employees.) manager insofar as and regarding rding Council. Licenses permitting the remain responsible for the conduct
(Section 23 -607, credit which has been extended for the operation, conduct or use of bingo of bingo games, bingo occasions,
PENALTY. Any
rm, corporation, Purposes of constructing, equipping, games or bingo occasions or the bingo cards, numbers, ac-
person, fi
perso nation fi association violating maintaining, operating or furnishing keeping or possession of bingo num- couterments and paraphernalia
any of the provisions of this ordinance bingo, bingo accouterments, bingo P1sb Ishftd i n hers, cards, devices, accouterments and their operation until another
shall than is a
an five hundred dollars (5500) the applicaion is made on behalf of a punishable by a fare of not paraphernalia bingo occasions. or paraphernalia are nonrenewable suitable person has been
more th BROOKLYN CENTER POST and application must be made each designated In writing as the bingo
and by imprisonment not to exceed corporation, joint business venture, year for a license, Permitting and all- manager, an investigation fee and
ninety (90) days. In addition to such partnership or any legally constituted 8801 Bass Lake Road owing the cod ar, apol"aLon !P� application for a change of
penalty, any Bingo permit issued to business association, it shall submit ~jillunn 14pad I�PF "Mls manager has been filed and the
such party shall be revoked.) along with its application, accurate MINNEAPOLIS, MINNESOTA 55428 *d aasaaKMn or silo of faS proposed successor to the bingo
and complete business records RMM manager shall have been ap
Section 2. Chapter 23 of the City showing the name and addresses of all a1M 211' Ok* 40rilbei proved. In all cases, the licensee
Ordinances is hereby amended by the individuals having an Interest in the umoses IWARW herein. °af4t.r#tl. shall properly notify the Police
addition of the following: business, Including creditors fur- transferable. Department in writing of any such
DATE OF PUBLICATION
Section 23 -600. Adoption by nishfng credit for the establishment, Section 23.605. Conditions Governing proposed change indicating the
Reference. The regulatory provisions acquisition, maintenance or fur- Issuance. address and name of the new bingo
of Minnesota Statute Section 349.11 to nishfng of any bingo games, bingo
1. No license shall be issued if the manager and the effective date of
and including Section 349.23 are occasions, bingo paraphernalia or applicant or any of Its owners, such ro
hereby adopted by reference as a managers, employees, agents, or 3. The o posed change.
Bingo Ordinance, regulating and their corporation, thff nd, es an ad. other Interested parties are per- Aeration or conduct of bingo
games or bingo occasions is not
strictly licensing The operation of a corporation, the names and ad• sons of bad repute.
dresses of all officers, general permitted between midnight and
bingo games by certain licensed 2. Licenses shall be issued only if the 8:00 a.m. of the succeeding day.
organizations and are hereby In- managers, members of the Board of ATTORNEY applicant and all of Its owners, 4.The licensee, bingo manager or
Directors as well as any creditors who
Ordinance a a ed and made parr of this managers, employees, agents or their agents, shall permit and
Ordinans though full part
set forth have extended credit for the interested parties are free of allow the ins
inspection of the
herein. acquisition, maintenance or fur- convictions for offenses which premises and the operation of the
Section 23 -601, Licensed Required. nishfng of bingo games, bingo oc• Si"n w29aY1. M,lltense relate involve moral turpitude or which bingo games and bingo occasions
No person, except a fraternal, veCi
ca or, bi paraplrornelfa. directly to such persons' by any and all appropriate city
religious, veterans or nonprofit ability, capacity or fitness 40 officials.
organization governed by Minnesota InvesNfaHen sad fThe
30 license fee and fee for the In-
perform the duties and discharge S. violation of the terms and
anasal. the the responsibilities of the licensed provisions of this Ordinance may
Statute Section 290 which fef r i lia hr s activity.. be cause for the revocation,
organization has been h existence for of u e ebse a he 3. Licenses shall be issued only to suspension, cancellation or
at least three years, has at least
present, active members, who have vestigation of Issuance of a license FILED applicants who have not, within nonissuance of other licenses
been members for at least six months shall be paid when the application Is one year, prior to the date of ap- issued by the City to the licensee.
and whose conditions of membership filed. In the event that the application pllcation, been dented ffcensure, 6. Upon demand by any police of-
are duly fulfilled, shall operate, is denied or in the event that the have had a license revoked, ficer, any person employed in or by
conduct or participate in bingo or license, once issued, is revoked, canceled or suspended in or by any any licensed premises shall
bingo occasions nor have any interest canceled, or surrendered, no part of community or political subdivision ,ldentify himself by °4111111Itrue
in the operation, conduct or or the State o} Minnesota or whose legal name, correct and
Par- the annual Ifor owners, managers or interested fee or fee for the �MIha11AMM ice.
ticipation in bingo or bingo occasions Investigation for the Issuance of s parties have not been similarly fAertfor.
nor passe s n e rds, bingo license shall be returned to the ap-
nu mbers, 'iirllf or pticant unless by express action ofthe BROOKLYN CENTER POST denied, revoked or suspended. 7.Ne,fletstal.prw1lnMc.1
b"* .Ii+fftleb limal, City Council. Only one license shall be 4. Licenses shall be Issued only to of age shall be employed
re +'eeBp s" "Ar."W Ittlflpaafit granted to each organization for each applicants who have fully and operation of bingo games, or bingo
orfenlsaill" s"desc'► ;MeMehg1p1a11 year. The licensee shall display the truthfully answered all of the In- occasions.
Par
operate, conduct or P 1 1 formation requested in the ap- Sectio 23 -607, Revocation, Can
bingo or eF in license in a piece on the plication who have paid the license collation or Suspension of License. The
interest Participation the on of or in bingo or bingo numbers, cards, accouterments and n the occasions or have any licensed promises mises ses at t all operation, conduct or games, bingo occasions, bingo l times. Bingo fee fully and the fee for in- license may be revoked, suspended,
vestigation and have cooperated canceled or nongranted by the City
occasions or possess
occasions bingo cards
fully and truthfully with the City in Council upon recommendation of the
bingo numbers, bingo accouterments
o lathed, operated or conducted by paraphernalia shall be kept, main- the review of the application. City Manager by showing that the
S. Licenses may be granted only in licensee, its owners, bingo manager,
or bingo paraphernalia without first licensed organizations only upon the all of the employees or agents or any of Its In-
forth duly and lawfully licensed as set premises which v owns u complete conformity with leases. A Ordinances of the City of Brooklyn terested
forth hereto. license, unless revoked, suspended or parties have engaged in any
canceled, is for the calendar year or Center. of the following conduct:
Part thereof for which it has been 6. Licenses shall be issued only to a 1. Fraud, deception or misrepre-
issued. The fee for the investigation fraternal, religious, veterans or sentation In connection with the
for issuance of a license must be other nonprofit organization which securing of a license.
organization has been in existence
for at least three years and has at
2.Habitual drunkenness or in.
temperance in the use of drugs,
including but not limited to use of
prohibited substances defined in
r Minnesota Statutes Chapter 152 or
Brooklyn Center Ordinances
Chapter 19 -1120.
3. Conduct inimical to the Interests 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.
S. Failure to fully comply with any of
the requirements of this Ordinance
or the failure to comply with any
requirements of the laws or or-
dinances of the City of Brooklyn
Center, State of Minnesota or
United States Government.
6. Engaging in any conduct which
would constitute grounds for
refusal to Issue a license under
Section 23 -605.
The licensee may appeal such
suspension, revocation, cancellation
o failure to license to the City Council.
The City 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
on the City Manager. At the conclusion
of the hearing, the Council may order:
1.A revocation, suspension or
cancellation of or denial of the
license.
2. That the revocation, suspension or
cancellation of or failure to grant
the license be lifted and that the
certificate be returned to the
licensee.
3.The City Council may base the
revocation, suspension,. can.
cellation or other action with
regard to the license upon any
additional terms, conditions and
stipulations which they may, In Its
sole discretion, Impose.
Section 23 -608. Separability. Every
section, provision or part of this or
dinance is declared separable from
every other section, provision or part
to the extent that if any 'section,
provision or part of the ordinance shall
be held invalid, such holding shall not
invalidate any other section, provision
or part thereof.
Section 23409. Penalties. Whoever
does any act forbidden by this or-
dinance or omits or fails to do any act
required by this ordinance shall be
guilty of a misdemeanor and, upon
conviction thereof, by lawful
authority, be punished by a fine not to
exceed $500 and by Imprisonment not
to exceed 90 days or both. Each day
that a violation exists constitutes a
separate and distinct violation.
Section 23 -610. Liability for the
Crimes of Another. Every person who
commits or attempts to commit,
conspires to commit or aids and abets
in the commission of any act con-
stituting a violation of this ordinance
or any act, which constitutes an
omission and, therefore, a violation of
this ordinance, whether individually
or in connection with one or more
persons or as a principal, agent or ac-
cessory, shall be guilty of such offense
and every person who falsely,
fraudulently, forcibly or willfully
induces, causes, coerces, requires,
permits or directs another to violate
any other provisions of this chapter Is
likewise guilty of such offense.
Section 3. This ordinance shall
become effective after adoption and
upon thirty (30) days following its
legal publication.
Adopted this day of
1978.
Mayor
ATTEST:
Clerk
Effective date
(Boldface indicates new matter,
brackets indicate material to be
deleted.)
(Published in the Brooklyn Center
Post November 23, 1978.)