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HomeMy WebLinkAbout1978-16 12-18 CCO CITY OF BROOKLYN CENTER ORDINANCE NO. 78 -16 AN ORDINANCE AUTHORIZING THE OPERATION OF BINGO BY LICENSED ORGANIZATIONS THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Chapter 23 of the City Ordinances of the City of Brooklyn Center is hereby amended by the repeal of the following: (Section 23 -601. APPLICATION FOR PERMIT. The playing of the game of Bingo as authorized by Minnesota Statutes Sections 614.053 -4 is hereby prohibited unless the following rules are complied with: (a) Any association authorized by said law to conduct the game of Bingo shall apply to the City Clerk for a permit to play said game, and shall fill out an application in duplicate in such form as required, by said clerk. If during the period for which the permit is used there is a change in the officers of 'the association, a new application containing such change must be made and filed with the City Council. (b) The applicant shall set forth the hours and days that the game will be played and shall pay a fee 'to the City at the 'time of applying for a permit computed as follows: For each day that the game will be played, a fee of $1.00. If authority is granted to play more 'than 4 hours on any day, the fee shall be $2. It is unlawful to play at any other times than 'those enumerated in the application. If the permit is denied or revoked at any time, that amount of 'the fee representing the unplayed games shall be returned to the applicant. (c) Unless special authority is given by the City Council for particular occa- sions, no game of Bingo shall be played more than four hours on any day nor more than twice a week a•t the same premises. (d) No permit shall be issued to any organization or association provided for in Minnesota Statutes Sections 614.053 -4 unless such organization or association shall have been in existence in the City of Brooklyn Center for a•t least two years prior to the date of making application for such permit; provided, however, that this limitation shall not apply to a sub- sidiary of any religious, charitable, fraternal or veterans organizations of national or state -wide jurisdiction tha t shall have been in existence more •than 'two years.] ORDINANCE NO. 78 -16 rSection 23 -602. PERMIT. The application for a permit shall be referred to the City Council for its approval or disapproval. It shall be unlawful to conduct the game of Bingo unless the City Council approves such application. The permit shall expire one year from the date of Council approval, and permits may be revoked at anytime by the City Council.] [Section 23 -603. MINIMUM AGE. No person shall permit said game of Bingo to be operated by any minor under the age of 18 years except when such minor is accompanied by his or her parents or guardian.] [Section 23 -604. RESTRICTIONS. The game of Bingo can be conducted only by the members of the association. No member shall receive any compensation whatso- ever for his services in conducting, assisting in conducting, or operating said game, and no person shall so assist in 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 organi- zation for at least one year. The game may be played only in the association's hall where it has its regular meetings. No such association shall rent, lease or occupy, directly or indirectly, any other property for the purpose of conducting such games other than at the regular meeting places except by special authority of the City Council. No person receiving any compensation from the association shall partici- pate in any way in the conduct, management or operation thereof [Section 23 -605. ADVERTISING RESTRICTED. It shall be unlawful to advertise in any manner the playing of Bingo, except that not more than two signs, each not to exceed the dimensions of two by four feet, may be displayed on the building where the game of Bingo is being played, containing only the words, "Bingo Played Here together with the name of the licensee and the day and hour of such playing except by special authority by the City Council, but such organization shall not be prohibited from circularizing information to its own membership about such Bingo games.] [Section 23 -606. RECORD REQUIRED. Each organization having received a permit for playing the game of Bingo shall keep a permanent record containing the names and addresses of all winners of prizes of $100 or more which shall be kept on file and open for inspection at any time by the City Council or its authorized employees.] [Section 23 -607. PENALTY. Any person, firm, corporation, organization or association violating any of the provisions of this ordinance shall be punishable by a fine of not more 'than five hundred dollars ($500) and by imprisonment not to exceed ninety (90) days. In addition to such penalty, any Bingo permit issued to such party shall be revoked.] Section 2. Chapter 23 of the City Ordinances is hereby amended by the addition of the following: ORDINANCE NO. 78 -16 Section 23 -600. Adoption by Reference. The regulatory provisions of Minnesota Statute Section 349.11 to and including Section 349.23 are herebv adopted by reference as a Bingo Ordinance, regulating and strictly licensing 'the operation of bingo games by certain licensed organizations and are hereby incorporated in and made a part of 'this Ordinance as though fully set forth herein. Section 23 -601. Licensed Required. No person, excen•t a fraternal, religious, veterans or nonprofit organization governed by Minnesota Statute Section 290.05, which organization has been in existence for at least three nears, has at least 30 present, active members, who have been members for at least six months and whose conditions of membership are duly fulfilled, shall operate, conductor participate in bingo or bingo occasions nor have anv interest in the operation, conduct or participa Lion in bingo or bingo occasions nor possess bingo cards, bingo numbers, bingo accouterments or bingo paraphernalia. No fraternal, religious, ve'terans or other nonprofit organization as described herein, shall operate, conduct or *participate in bingo or bingo occasions or have any interest in the operation, conduct or participa•tior. of or in bingo or bingo occasions or possess bingo cards, bingo numbers, bingo, accouterments or bingo paraphernalia without first being duly and lawfully licensed as set forth herein. Section 23 -602. Contents of an Application for a License. Application for a license shall be made only on the forms provided by 'the City Manager. Four, complete copies of the application must be submitted to the City Manager's Office, containing the address and legal description of 'the property 'to be licensed, 'the name, address and telephone number of the owner, lessee, if any, and the bingo manager whose name shall be set forth in the application and the name, address and telephone number of at least two persons of good moral character who shall be residents of Hennepin County, who may be called upon 'to attest to the applicant's and manager's character. The application must also state whether •the applicant and bingo manager have ever been convicted of a crime or offense other 'than •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 addresses of all creditors of the applicant, owner, lessee, and bingo manager insofar as and regarding credit which has been extended for the purposes of constructing, equipping, maintaining, operating or furnishing bingo, bingo accouterments, bingo paraphernalia or bingo occasions. If the applica •tion is made on behalf of a corporation, joint business venture, partnership or any legally constituted business association, it shall submit along with its application, accurate and complete business records showing -the name and addresses of all individuals having an interest in the business, including creditors furnishing credit for the es tablishmen•t, acquisition, maintenance or furnishing of anv bingo games, bingo occasions, bingo 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 any creditors who have extended credit for •the, o w acquisition, maintenance or furnishing of bingo games, bingo occasions or bingo paraphernalia. i ORDINANCE NO. 78 -16 -w Section 23-603. License Fee, License Investigation and License Year. The annual license fee is $25.00 and the fee for investigation for the purposes of issuinq 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 •tha•t the license, once issued, is revoked, canceled, or surrendered, no part of 'the annual license fee or fee for the investigation for the issuance of a license shall be returned to •the applicant unless by express action of 'the Citv Council. Only one license shall be granted to each organization for each vear. The licensee shall display the license in a prominent place on the licensed Premises a•t all times. Bingo games, bingo occasions, bingo numbers, cards, accouterments and ParaPhernalia shall be kept, maintained, operated or conducted by licensed organizations only upon •the premises which it owns or leases. A license, unless revoked, susPended or canceled, is for the calendar vear or part thereof for which it has been issued. The fee for the investigation for issuance of a license must be tendered with each new application for a license and must also be paid at any time when there is a Proposed change of ownership, change of bingo manaqer or reaDDlication fora license where an additional or different party other than the original licensee, Parties and bingo 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, but shall not issue a license until at least 30 days after the date of application. Section 23 -604. Grantinq or Denial of Licenses. License applications shall be reviewed by the Police Department, Planning and Inspection Department and such other departments as 'the City Manaqer shall deem necessary. The review shall include an inspection of the premises covered by the application to determine whether the premises conform 'to all apDlicable code requirements. Thereafter, licenses shall be recommended for apDroval or denial by the City Manager to the City Council subi ect to the Provisions of this ordinance. Any appeal shall be before the City Council. Licenses Dermi•ttinq the operation, conduct or use of binqo games or bingo occasions or the keePinq or Possession of binqo numbers, cards, devices, accouter meats or paraphernalia are nonrenewable and application must be made each vear for a license, permit•tinq and allowinq the conduct or operation of bingo games and binqo occasions and the Possession or use of bingo accouterments, Paraphernalia, numbers and the like for the succeeding vear. Licenses granted herein are nontransferable. Section 23 -605. Conditions Governinq 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 turPi•tude or which relate directly Ito such persons' ability, capacity or fitness to Perform the duties and discharge the responsibilities of the licensed activity. ORDINANCE NO. 78 -16 3. Licenses shall be issued only to applicants who have not, within one year, prior to -the date 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 truth- fully 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 onlv in complete conformity with all of 'the Ordinances of the Ci tv of Brooklvn Center. 6 Licenses shall be issued only to a fraternal, religious, veterans or other nonprofit organization which organization has been in existence for at least three years and has at least 30 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 with the City or would otherwise have a detrimental effect upon other property or properties in the vicinity. Section 23 -606. Restrictions and Regulations. 1. The licensee, the bingo 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 person 'to be bingo manager who shall be responsible for the conduct of the business. Such person shall remain responsible for the conduct of bingo games, bingo occasions, bingo cards, numbers, accouterments and paraphernalia and their operation until another suitable person has been designated in writing as 'the bingo manager, an investigation fee and application for a change of manager has been filed and the proposed successor to the bingo manager shall have been approved. In all cases, 'the licensee shall properly notifv 'the Police Department in writing of any such proposed change indicating the address and name of the new bingo manager and the effective date of such proposed change ORDINANCE NO. 78 -16 3. The opera or conduct of bingo came s or bingo occasions is not per- mitted between midniaht and 8:00 a.m. of the succeeding day. 4 The licensee. bingo manaqer or their agents, shall permit and allow the inspection of the premises and the operation of the bingo games and bingo occasions by any and all appropriate city officials. 5. Violation of the 'terms and provisions of this Ordinance may be cause for the revocation, suspension, cancellation or nonissuance of other licenses issued by the Citv to the licensee. 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 bingo games, or bingo occasions. Section 23 -607. Revocation, Cancellation or Suspension of License. The license may be revoked, suspended, canceled or nongranted by •the City Council upon recommendation of 'the City Manager by showing that 'the licensee, its owners, bingo manager, employees or 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 drugs, including but not limited to use of prohibited substances defined in Minnesota Statutes Chapter 152 or Brooklyn Center Ordinar.aa 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. 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 United States Government 6. Engaging in any conduct which would constitute grounds for refusal to issue a license under Section 23 -605. f ORDINANCE NO. 78 -16 The licensee may appeal such suspension, revocation, cancellation or failure to license to the Citv Council. The Citv Council shall consider the appeal at the next regularly scheduled Council mee•tina on or after 10 days from the service of the notice of appeal on the Citv 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 aran•t the license 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 its sole discretion, impose. Section 23 -608. SeDarabili•ty. Every section, provision or part of this ordinance is declared separable from every other section, provision or Dart to the extent that if anv section provision or Dart of the ordinance shall be held invalid such holding shall not invalidate anv other section, provision or part •thereof Section 23 -609. Penalties. Whoever does anv act forbidden by this ordinance or omits or fails to do anv act reauired by this ordinance shall be auil•ty of a misdemeanor and. upon conviction thereof by lawful authority, be punished by a fine not to exceed 5500 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 attemuts to commit. conspires to commit or aids and abets in the commission of anv act constitutina a violation of this ordinance or anv act, which constitutes an omission and. therefore a violation of this ordinance, whether individually or in connection with one or more Dersons or as a principal, agent or accessorv, shall be auilty of such offense and every person who falsely, fraucblen•tiv,, forcibly or willfullv induces. causes. coerces. reauires Permits or directs another 'to violate anv 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 1 8th day of December 1978, Mayor ATTEST: e�_ Clem' Date of Publication November 23, 1978 Effective date December 22, 1978 (Underline indicates new matter, brackets indicate material to be deleted.)