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HomeMy WebLinkAbout1978-15 12-18 CCO CITY OF BROOKLYN CENTER ORDINANCE NO. 78 -15 AN ORDINANCE AUTHORIZING THE OPERATION OF CERTAIN GAMBLING DEVICES BY LICENSED ORGANIZATIONS THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER ORDAINS AS FOLLOWS: Section 1. Chapter 23 of 'the City Ordinances of the City of Brooklyn Center is hereby amended by the addition of 'the following: 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 in- corporated in and made a part of 'this ordinance as though fully set forth. Section 23 -1901. License Required. No person. e xcep t a f raternal religious, veterans or other nonprofit oraaniza•tion cove by Minnesota Ria Section 290.05 Subd. 1 Clause (1) or (K) whic organization has n in existence for at least three vears and has at least 30 present active member all of whose membership dues are ful pai a who have been members for a t least six months. shall possess. keep. use, control or operat an gambling device nor have anv interest in the one rattion. possession, use o r ro n'trol of aamblina devices nor conduct. or operate a raffle or have a interest in the operation or conduct of a raffle. includina possess of raffl a �para tus or saiP of 'tickets. No fraternal, religious, veteMns o other nonpr organization as described herein. shall possess. keep use cont or operate any gambling device nor have anv interest in the operation. possession. use o control of gambling devices nor conduct or operate a raffle or have anv interest in •he operation or conduct of a raffle includina possession of raffle annara•tus or sa of -tickets, without first be duly and lawfully licensed as set forth herein. Section 23 -1902. Contents of an Application for a T• icens P App lication for a license shall be made only on the forms provided by 'Le C ity Manage P our complete copies of -the application must be sub mitted to th e. Manager's office containing the address and legal desc ription of the proper 'to be licensed, the name address and telephone number of the ow ner f lessees, if any, and the gam ling manager whose name shall be set forth in 'the a pp lic ation and the name, address and 'tele h one. number of at least two persons of good moral character who shall be residents of Hennepin County, who may be calked iU2=jo a tte. t to •the applicant's or manag character. The application must also s tate whether the applicant_ and gambling manager has ever been convicted of a crime o offense other'than a iraffi offense and. if so. state complete and acc urate information as to the time, place and nature of such crime or offense includi the disposition thereof T he applic io f rr hP must list the names and addresses of al creditor of the applicant, owner, lesSAe.. aamblina manaaer insofar as and reaardina credit which has beer) PwtPnded for the �ru poses of constructing. eq uipping maintaining operating or furnishing gambling devices or their accou terments Tf the application is made on hehalf of a nnrnn ratinn, ORDINANCE NO. 78 -15 ioin•t business venture, partnership or anv legally constituted business associa- tion, it shall submit along with its application accurate and complete business records showing the names and addresses of all individuals 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 names and addresses of all officers, general managers, members of the Board of Directors as well as anv creditors who have extended credit for the acquisition, maintenance or furnishing of gambling devices. All applicants shall furnish to the City, along with their application, complete and accurate documentation establishing the interest of the applicant and any other person having an interest in the operation, keeping, possession, use or control of gambling devices, raffle apparatus or raffle tickets. Section 23 -1903. License Fee, License Investigation and License Year. The annual license fee is $25.00 and the fee for the investigation for the purposes of issuing a license is $50.00 The license fee and fee for the investigation of issuance of a license shall be paid when the application is filed. In the event that the application is denied, or in the event that the license once issued is revoked, canceled or surrendered, no part of the annual license fee or fee for the investigation of the issuance of a license shall be returned to the applicant unless by express action of the City Council. Only one license shall be granted to each organization for each year. The licensee shall display •the license in a prominent place on the licensed premises a•t all times. Gambling devices, raffles and all apparatus related to either shall be kept, maintained, operated or conducted by licensed organizations only upon the premises which it owns or leases except that tickets for raffles may be sold off the premises. A license unless revoked, suspended or canceled is for the calendar year or a part thereof for which it has been issued. The fee for the investiga- tion for issuance of a license must be tendered with each new application for a license and must also be paid at anv time when there is a proposed change of ownership, change of gambling manager or reapplication for a license wherein additional or different parties other than the original licensee, parties and gambling manager are proposing to be licensed. All licenses granted herein are nontransferable. The City Council shall act upon a license application within 180 days from 'the date of application, buut shall not issue a license until at least 30 days after the date of application. Section 23 -1904. Granting or Denial of Licenses License applications shall be reviewed by the Police Department, Planning and Inspection Department and such other departments as the Citv Manager shall deem necessary. The review shall include an inspection of the premises covered by the application 'to determine whether the premises conform 'to all applicable code requirements Thereafter, licenses shall be recommended for approval or denial by •the City Manager to the City Council subiect to the provisions of this ordinance. Anv appeal shall be before 'the Citv Council. Licenses permitting the operation, use, keeping or possession of gambling devices or operation or conduct of raffles or the possession or keeping of gambling device paraphernalia or raffle apparatus are nonrenewable and application ORDINANCE NO. 78 -15 must be made each vear for a license oermittina and allowing the operation keepina, use or possession of aamblina devices or raffles or raffle apparatus or anv interest 'therein for the succeeding vear. Licenses granted herein are non transferable. Section 23 -1905. Conditions Governing Issuance., 1. No license shall be issued if the applicant or anv of its owners, managers. emDlovees aaents or other interested parties are persons of bad repute. 2. Licenses shall be issued only if 'the applicant and all of its owners managers. emDlovees aaents or interested parties are free of con- victions for offenses which involve moral turloitude or which relate directly to such Derson's ability, caDacity 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 vear, Drior to the day of application, been denied licensure, have had a license revoked. canceled or suspended in or by anv communitv or political subdivision or the State of Minnesota or whose owners, manaaers or interested Darties have not been similarly denied, revoked or suspended. 4. Licenses shall be issued only to applicants who have fully and truth fully answered all of -the information reauested in the application, who have paid the license fee fully and -the fee for investigation and have cooperated fullv and truthfully with the City in the review of the, application. 5. Licenses may be granted onlv in complete conformity with all of the ordinances of the Citv of Brooklvn Center. 6. Licenses shall be issued only to a fraternal, religious, veterans or other nonprofit organization covered by Minnesota Statutes Section 290.05. Subd. 1 (I) or (K) which organization has been in existence for at least three vears and has at least 30 present, active members whose membership dues are fullv paid and who have been members for at least six months. 7. Licenses shall be granted onlv where the licensed premises meet the safetv, sanitary and building code requirements of the Citv. 8. A license shall not be granted where the granting of a license would be, inconsistent with the comprehensive development plans of the Citv, or would otherwise have a detrimental effect upon other proDerty or properties in the vicinitv. ORDINANCE NO. 78 -15 Section 23 -1906. Restrictions and Regulations. 1. The licensee, the gambling manager and other persons in its employ, agencv 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 person to be aambling manager who shall be responsible for the conduct of -the business. Such Berson shall remain responsible for the conduct of the gambling devices, raffles, and their operation until anv other suitable person has been designated in writing as the gambling manaaer, an investigation fee and application for a change of manaaer has been filed and the Proposed successor to •the gamblina manager shall have been approved. The licensee shall promptly notifv the police department in writina 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 be cause for 'the revocation, suspension or cancellation of other licenses issued by `the city to the licensee. 6. Upon demand by anv police officer, any person employed in or by any licensed premises shall identifv himself by giving his true legal name, correct address and furnishing suitable identification therefor. 7. No natural person under 18 vears 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. 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 Citv Manager by showing that the licensee, its owners, gambling manager, emplovees, agents or anv of its interested parties have engaged in anv of the following conduct: ORDINANCE NO. 78 -15 1. Fraud, deception or misrepresentation in connection with 'the securing of a license. 2. Habitual drunkenness or intemperance in the use of drugs including but not limited to the use of prohibited substances defined in Minnesota Statutes Chapter 152 or Brooklvn Center Ordinances 19 -1120. 3. Conduct inimical to the interest of the public health, safetv, welfare or morals. 4. Engaging in anv 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 anv of the requirements of this ordinance or the failure to comply with anv requirements of the laws or ordinances of the Citv of Brooklvn Center, State of Minnesota or the United States Government. 6. Engaging in anv 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 Citv 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 Citv 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. 3. The Citv Council may base the revocation, suspension, cancellation or other action with regard to the license upon anv additional terms, conditions and stipulations which thev may, in their sole discretion, impose. Section 23 -1908. Separability. Every section, provision or part of this ordinance is declared separable from every other section, provision or part to •the extent that if anv section, provision or part of the ordinance shall be held invalid, such holdings shall not invalidate anv other section, provision or part thereof. ORDINANCE NO. 78 -15 Section 23 -1909. Penalties. Whoever does anv act forbidden by this ordinance or omits or fails to do anv act required by this ordinance shall be quilts 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 crnstitutes a separate and distinct violation. Section 23- 1910. Liabilitv for the Crimes of Another. Every person who commits or attempts to commit. conspires 'to commit or aids and abets in the commission of anv act constituting a violation of this ordinance or anv act, which constitutes an omission and, therefore, a violation of this ordinance, whether individuallv or in connection with one or more persons or as a principal, agent or accessorv, shall be quilts of such offense and every person who falsely, fraudulently, forciblv or will- fully induces, causes, coerces. reauires permits or directs another to violate anv of the provisions of 'this Chapter is likewise quilts of such offense. Section 2. This ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted this 18th day of December 1978. Mayor� ATTEST: Cl Date of Publication November 23, 1978 Effective date December 22, 1978 (Brackets indicate material to be deleted, underline indicates new matter)