HomeMy WebLinkAbout1978 11-13 CCP Regular Session I
I
CITY COUNCIL AC3ENDA
CITY OF BROOKLYN CENTER
NOVEMBER 13, 1978
7 :00 p.m.
1. Call - to Order
2 . Roll Call
3 . Invocation
4. Open Forum
5. Bond Reductions and /or Releases
Reductions: -"
a. Toy City 6000 Earle Brown Drive
b. Michlitsch Apartments - 6637 Humboldt Avenue North
c Hars•tad -Todd Shopping Center - 413 - 66th Avenue North
Releases:
a. Beach Apartments - 4201 Lakeside Avenue North
b. Brook Park Dental Clinic - 6437 Brooklyn Boulevard
6. Appointments
a. To - the Advisory Commission of - the Northwest Hennepin Human Services
Council
-The appointment of Dr. Duane Orn expires on December. 31, 1978.
Commissioners are eligible for reappointment. Upon expiration of a
member's terra of office, the Commissioner continues to serve until,
his /her successor is appointed.
Planning Commission Items (8 :00 p.m.):
a. Application No. 78064 submitted by Gene Hamilton fora variance from
Section 35 -400 to permit a carport accessory structure to encroach
twenty feet into - the front yard setback at 6230 Lee Avenue North. The
Planning Commission recommended denial. of the variance at its
November 2, 1978 Planning Commission meeting.
8. Resolutions;
a. Establishing a LAWCON Fund
--Fund will be set up to account for funds received from federal and
state sources expended on LAVATCON projects.
b. Establishing a Community Development Block Grant Fund
-Fund w:ll be set up to account for funds received from the Department
of Housing and Urban Development in the manner set forth in - the
Community Development Block Grant guidelines.
c. Supporting the Repeal of a Portion of the Social Security Law Which
Pp g A
Degreases the Social Security Benefits Available to the Spouse of a
Government Worker
-The United States Congress has recently enacted a law taking away
at least a portion of *the Social Security benefits from spouses of
CITY COUNCIL, AGENDA -2- November 13, 1978
Social Security beneficiaries, if - the spouse had a government
pension, effective December 1982.
d. Accepting Bids and Approving Contract Form for S'tree't Paving and Curb
and Gutter Contract No. 1978 -P
-The above contract is for street construction along Unity Avenue North
for "The Ponds" development project consisting of Street Surfacing
Projects No. 1978 -33 and 36, and Curb and Gutter Improvement
Projects No. 1978 -34 and 37.
e. Accepting Bids and Approving Contract Form for Salt Storage Building
Contract No. 1978 -R
` -Bids are scheduled - to be opened at 11 :00 a.m. on Wednesday,
November 8, 1978. The contract comprehends construction of a pre -
cast concrete salt storage building on - the City garage site located
at 2501 - 69th Avenue North.
f. Authorizing - the Mayor and City Manager to Execute Amendment No. 1
of 'the Agreement between Minneapolis and Brooklyn Center for Financing
the Cost of Preliminary Engineering Work along 53rd Avenue North
-On September 11, 1978 - the Brooklyn Center City Council adopted a
resolution pertaining to an agreement with the City of Minneapolis
regarding the preliminary engineering for the reconstruction of 53rd
Avenue North from 4th Street North 'to Penn Avenue North. The City
of Minneapolis has requested the City of Brooklyn Center - to do addi-
tional engineering work along Penn Avenue North from 53rd Avenue
North -to the bridge near 52nd Avenue North.under - the same agreement.
The amendment provides for the City of Brooklyn Center to be reim-
bursed by the City of Minneapolis for - the actual cost of - the preliminary
engineering work performed by Brooklyn Center. The estimated cost for
such preliminary engineering work is $3,500. It is proposed that, - this
segment of street construction in Minneapolis be incorporated in - the
construction project of 53rd Avenue North.
g. Rejecting Construction Contract Bids (Salt Storage Building Contract
1978 -R)
-All bids submitted exceeded the engineer's estimate for the work.
9. Ordinances:
a . Authorizing the Operation of Bingo by License Only
Ordinance is a first reading
b. Authorizing the Operation of Certain Gambling Devices by Licensed
Organizations
- Ordinance is a first reading.
CITY COUNCIL AGENDA -3- November 13, 1978
c. Amending Chapters 15 and 35 of the City Ordinances Relative 'to
Outlots
Ordinance is a second reading and is recommended for the purpose
of clarifying a previous interpre'ta'tion of 'the ordinance.
d. Vacating Turn- Around Easements on Lots 2 and 3 of Block 1, and
Lots 1 and 2 of Block 2, Gregor' s Addition
-In 1962 when Gregor's Addition was platted, turn-around easements
were indicated on - the plat on - the above described lots because
69 -1/2 Avenue was a dead end westerly of Logan Avenue North.
Now that 69 -1/2 Avenue North (currently named Irving Lane) has
been extended to Irving.Avenue North, the turn- around easements
are no longer needed. One of the property owners has requested
the easement be removed from their deed. This can only be
accomplished by an ordinance vacation action for - the above referred
easements. Ordinance is a second reading.
_10. Discussion Items:
a. Status of the upgrading of County Road No. 130 and proposed pedestrian
bikeways along County Road 130
I -The Director of Public Works will be prepared - to discuss 'the status of
the upgrading of County Road 130 relative Ito Hennepin County's
recently adopted 1979 budget and five year capital improvements
program as well as interim improvements being looked at to provide
pedestrian bicycle safety along County Road 130.
b. Great River Road Trail System
-On Tuesday, November 14, 1978 at 7:30. p.m. a public meeting is
scheduled at the Minneapolis City Hall Council Chambers, Room 317,
relative - to - the Great River Road Route and Trail Sys-tem. The Director
of Public Works will be prepared - to review alternate routes for the - trail
system currently being considered by - the Minnesota Department of
Transportation in - the area of Brooklyn Center.
c. Authorization 'to Hire a Consultant for Survey Work for Street Improve-
ment Project No. 1978_ -38.
-It is recommended that a motion be made by - the City Council authorizing
the City Manager to retain Egil Wefald & Associates for an amount not to
exceed $2,500 'to do survey work along 53rd Avenue North from 4 Street
to Penn Avenue North in conjunction with Street Improvement Project
No. 1978 -38.
11. Licenses
12. Adjournment
Note:
The minutes of - the October 30, 1978 Council meeting will be submitted
for your approval at - the November 20, 1978 Council meeting. The -typing
of those minutes is not completed due to election workload.
Resolution 8e concerning the salt storage building will be deleted because
the bids received were - too high. Resolution 8g has been substituted to reject
bids
The appointment of members - to the Citizens Participation Committee for
Community Development Block Grants will be considered at the November 20,
1978 Council meeting.
_7 CIO
MEMORANDUM
T0: Gerald Splinter, City Manager
FROM: Ron Warren, Director of Planning and Inspection
SUBJECT: Performance Bonds Recommended for Release or Reduction
DATE: November 7 1978
The following performance bonds are recommended for release or reduction as
specified:
1. Beach Apartments - 4201 Lakeside Avenue North. Submitted by Viewcon,
Inc. (Darrel Farr Development) Planning Commission File No. 70017.
Amount of Guarantee $2,500.00.
Tree locations and specie not in complete accord with approved site
plan, however, all substituted trees are of hardwood or long life
nature. Also, site has more trees and-shrubs than approved plan.
(Recommend Total Release).
2. Toy City - 6000 Earle Brown Drive. Submitted by Wetterau Builders,
St. Louis, Missouri. Planning Commission file No. 77021. Amount of
Guarantee - $100,000.00.
All trees and shrubs throughout the site have been installed in
accordance with approved site plan with exception of planter on
south wall at vestibule. Remains sand or dirt cover. Also, 10 (ten)
shrubs on island area are dead and require.replacement.
(Recommend Reducing Bond down to $5,000.00)
3. Murn & Swenson Dental Clinic (Now Brook -Park Dental Clinic) - 6437
Brooklyn Boulevard. Submitted by Greg Swenson, owner. Planning
Commission File No. 71054. Amount of Guarantee $7,000.00.
Tree locations and specie not in complete accord with approved site
plan, however, all substituted trees and shrubs are of hardwood or
long life nature.
(Recommend Total Release)
4. Michiitsch Apartments 6637 Humboldt Avenue North. Submitted by
Marvin Michlitsch. Planning Commission File No. 78027. Amount of
Guarantee - $7,500.00 Cash Escrow.
.All site work for first phase completed, except constructing
screening for trash enclosure.
(Recommend reducing cash escrow to $1,500.00)
5. Harstad -Todd Center 413 - 66th Avenue North. Submitted by Keith
Harstad, owner. Planning Commission File No. 73028 - Amount of
Guarantee $10,000.00.
All site work completed per approved plans. Several trees and shrubs
previously omitted or dead were recently installed.
(Recommend reducing ord to $1,000.00 until next spring)
Director -of Planning and Inspection
northwest h nnepin human services council
6820E shingle creek parkway, brookfyn center, mn 55430 • (612) 560-1430
November 3, 1978
Gerry Splinter, City Manager
City of Brooklyn Center
6301 Shingle Creek Parkway.
Brooklyn Center, MN 55430
Dear Mr. Splinter:
The City of Brooklyn Center is eligible for two seats on the
Advisory Commission of the Northwest Hennepin Human Services
Council. The appointment of Dr. Duane Orn for one of those
positions expires on December 31, 1978. The other position
• which is held by Dorothy Buckingham expires on December 31, 1979.
The regular term of an Advisory Commission member is two
years. Commissioners are eligible for reappointment. Upon
expiration of a member's term of office, s /he continues to
serve until his/her successor is appointed.
Ordinarily, the Commission meets the third Thursday of each
month from 7:00 p.m. to 9:00 p.m.
We will be happy supply any additional information you
might need in filling this position. Thank you
Sincerely yours,
Linda Terrell
Secretary to Eileen Moran.
' PLANNING COMMISSION AGENDA
REGULAR MEETING
November 2, 1978
1. Call to Order: 8:00 p.m.
2. Roll Call
3. Approval of Minutes October 19, 1978
4. Chairman's Explanation: The Planning Commission is an advisory body. One
of the Commission's functions is to hold public_
hearings. -In the matters concerned in these hearings,
the Commission makes recommendations to the City
Council. The City Council makes all final decisions
on these matters.
BOARD Of ADJUS TMENTS AND APPEALS
5. Gene Hamilton 78064
Variance from Section 35 -400 to permit a carport
accessory structure to encroach 20 feet into the
front yard setback at 6230 Lee Avenue North.
PLANNING COMMISSION
6. Cynthia Pierce :78066
y
Amendment to Special Use Permit for home
occupation (beauty shop) at 3313 Lawrence
.Road.
7. Discussion Items:
a) Westbrook Mall Landscape Plan
b) Comprehensive Plan and Critical Areas Plan Review Process
8. Other Business:
9. Adjournment
November 9, 1978
Gene E. Hamilton
6230 Lee Avenue North
Brooklyn Center, Mn. 55429
533 t5 91
City of Brooklyn Center
Members of the City Council
Mr. Jerry Splinter, City Manager
6301 Shingle Creek Parkway
Brooklyn Center, Mn.
Mr. Splinter and Members of the Council
I have received in the mail notice that my application for variance
will be heard on Monday November 13, 1978.
When I received the notice yesterday I immediately called Mr. Ron
Warren and explained to him that I would be unable to attend and
represent myself in this matter due to a previous professional
commitment related to my job.
When I applied for the variance is was my understanding that it
would be heard by the Planning Commission in November and the
City Council in December.
I would very much appreciate my variance request being heard on
December 4, 1978 when I can attend as I do have previous commitments
Monday nights until then.
I have submitted a petition from all of my neighbors supporting the ,
granting of a variance. Since none of them attended the Planning
Commission Public Hearing I'm sure they will not be attending the
City Council Meeting.
Respe 1
ne E. Hamilton
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Planning Commission Information Sheet
Applicant: Gene Hamilton
Location: 6230 Lee Avenue North
• Request: Variance
The applicant is seeking a variance from Section 35400 of the City Ordinances
to allow a carport accessory structure, erected without a building permit, to
encroach approximately 20 feet into the 35 foot, front yard setback at 6230 Lee
Avenue North.
The applicant has submitted a written statement (attached) explaining his request
and outlining his justification for the variance. He points out that the place-
ment of the house on the lot, the number and placement of existing trees and -the
lack of an alley make it virtually impossible to construct a detached garage i.n
the rear and have access to it. He also contends the carport provides a margin
of - safety on many days when an unprotected car would be subjected to sheet and
_snow and fogged windows. He states that the location of the carport on h'is
property is unique, in that the grade of the driveway and existing trees and
shrubbery make it appear to blend into the surroundings. Mr. Hamilton claims
the winter weather conditions and the location of a one car garage creates a
hardship and points out that a petition supporting his
variance request.
A copy of Section 35 -240 (2) of the City Ordinances containing the standards for
variances is also attached for the Commission's review. The standards allow for
variances from the literal provisions of the ordinance in instances where their
strict enforcement would cause undue hardship because of circumstances unique
and distinctive to the individual property under consideration after demonstration
that all four of the qualifications are met.
It is not felt that this variance request meets the qualifications of a hardship
contained in the ordinance as opposed to a mere inconvenience, nor are the con-
ditions of the variance necessarily unique to the parcel Single family homes
with tuck -under single car garages, similar to Mr. Hamilton's, are relatively
common in Brooklyn Center. Consideration should also be given to the precedent
that would be set if this variance were granted and what, if any, distinction could
be made with respect to this application and any other similar request from some-
one else wanting the same type of encroachment into the front yard setback.
It is also felt that the alleged hardship claimed by the applicant is not
necessarily related to the requirements of this ordinance. Setback standards
are minimum standards, and the ordinance does not mandate that homes have to be
built at the 35 foot setback, only that they not encroach on this minimum set-
back. The ordinance does.not require garages or some other type of protection for
cars; it also does not specify the placement and number of trees and shrubberies
on single - family residential property. These are _decisions made by builders,'
developers and property owners, all persons having an interest in a particular
parcel of land. Point c in the Standards for Variances indicates that the
alleged hardship must be related to the requirements of this ordinance and not
have been created by any persons presently or formerly having an interest in
the parcel of land.
11 -2 -78
}
T.ppiication No. 78064
Page 2
in short, it is felt that the variance request does not clearly meet the standards
for variances particularly in terms of uniqueness and hardship acid, therefore,
denial of the application recommended,
e A public hearing has been scheduled and notices have been sent to the neighboring
property owners.
M
11 -2 -78
Section 35 -240 (cont'd)
2. Standards for Variances
The Board of Adjustments and Appeals may recommend and the City
Council may grant variances from the literal provisions of this ordinance in
instances where their strict enforcement would cause undue hardship because
of circumstances unique and distinctive to the individual property under con-
sideration. However, the Board shall not recommend and the City Council
shall in no case permit as a variance any use that is not permitted under this
ordinance in the district where the affected person's land is located. A
variance may be granted by the City Council after demonstration by evidence
that all of the following qualifications are met:
(a) Because of the particular physical surroundings, shape, or topo-
graphical conditions of the specific parcels of land involved, a
particular hardship to the owner would result, as distinguished
from a mere inconvenience, if the strict letter of the regulations
were to be carried out.
® (b) The conditions upon which the application for a variance is based
are unique to the parcel of land for which the variance is sought,
and are not common, generally, to other property within the same
zoning classification.
(c) The alleged hardship is related to the requirements of this ordinance
and has not been created by any persons presently or formerly
having an interest in the parcel of land.
(d) The granting of the variance will not be detrimental
to the public welfare or injurious to other land or
improvements in the neighborhood in which the
parcel of land is located.
•
STATE OF MINNESOTA CITY OF BROOKLYN CENTER
COUNTY OF HENNEPIN BOARD OF ADJUSTMENTS
y AND APPEALS
Susan H. and Gene E. Hamilton P R T I T I 0 N F O R
6230 Lee Avenue North V A R I A N C E
Brooklyn Center, Mn. 55429
Petitioners
Al y - - - - -- - - - --
The above named petitioner hereby request a variance on
the property above, legally described as:
Plat 59241 Parcel 0900 Section 3 Block 1
The variance would be with regard to Section 35 -400, Brooklyn
Center Zoning Ordinance, in the amount of 20 feet abatement of the
front yard setback. The above mentioned house is 35 feet from the
I front lot line, but in effect is 50 feet from the blacktop street.
We fee the variance application meets the standard required
•
in Section 35 -240 2 (a, b, c.) as follows:
a. The above described lot does not allow access to the back
yard due to the placement of the house and the number of
existing trees. There is no alley adjacent to this property
,r so it would be impossible to construct a detached garage in
• the rear. Operation.of a second car on a daily basis is a
necessity and the constructed canopy provides a large margin
of safety on many days when an unprotected car would be
i
subjected to sleet and snow and fogged windows.
b. The location of the canopy on this property is unique
in that the grade of the driveway and existing trees and
shrubbery make it appear to blend it to the surroundings.
c. The hardship is created by the existing weather conditions
of Winter in Minnesota and the 'location of a 1 car garage.
The�xoquest of a setback of 35 feet from the property
line results in an actual 50 feet of driveway in _front
of the house described above. There will always be a
car parked in front of the garage and the relief requested
would only allow a roof to be placed over it.
f There is not now, nor will there in the future any attempt
to enclose the roof like structure.
y
d, All 14 immediate neighbors have signed a petition supporting
- g
' the granting of a variance to allow the structure. In the
opinion of several neighbors the structure adds a visual
break to a group of similar homes and is not detrimental
to the neighborhood.
We therefore ask that a variance be granted to allow the structure
to remain.
F
Su H. Ha 1 on
Date O '
ene E. Hamilton
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Attachment B t
Planning Commission Information Sheet
Application No. 78066
Applicant: Cynthia Pierce
i Location 3313 Lawrence Road
Request: Amendment to Special Use Permit (Home Occupation)
The applicant is seeking an amendment to a special use permit granted under
Application No. _75019 for home occupation to operate a beauty shop at 3313
Lawrence Road. Approval of Application No. 75019 comprehended a one chair single
operation in the basement of her home. The hours of operation are currently
Tuesday, Thursday, and Friday from 9:00 a.m. to 5:00 p.m.; Wednesday, 2 :00 p.m.
to 8:00 p.m.; and Saturday, 8:00 a.m. to 3:00 p.m. The applicant has submitted
a letter (attached) requesting permission to allow one additional nonresident
operator on the premises. She is requesting no additional, amendments to her
current special use permit.
The ordinance allows, as part of a special home occupation, "the employment on
the premises, at any one given time, of not more than one person who is a non-
resident of the premises." The applicant proposes to retain two persons to
work in the shop on a part -time basis, but is aware that the two nonresident
operators would not be permitted to work during the same time
Also attached is a copy of the definition for special home occupations from
Section 35 -900 and the standards for special use permits found in Section 35-
220 for the Commission's review.
A public hearing has been scheduled and notices have been sent to neighboring
• property owners. I have received one call, as a result of the notice, from
Marsha Janasz,.3312 Lawrence Road, who indicated she would be unable to attend
the public hearing, but wished to convey that she had no objections to the
special use provided the operation does not cause additional parking and
traffic related problems. She also commented that the applicant's home occupation
has not been a problem to her as a neighbor.
The Building Inspector has inspected the premises on two occasions, within the
past two months (9 -8 -78 and 10= 26 -78) and reports that, with respect to code
related concerns, there is no problem with this application. He indicated that
during his inspection on 9 -8 -78 there were two chairs in use and three cars
parked in the driveway as well as three cars parked on the street. His 10 -26 -78
inspection indicates only one chair in use. Our major concern is with parking
and traffic generation in this RI area. It is recommended that a condition of
approval for this application include that all parking related to the special use
be off- street parking on appropriate space provided by the applicant. It is
felt that the applicant's driveway can accommodate parking for 4 automobiles in
addition to a double garage for the applicant's use. Such a condition would
make it necessary for the applicant to schedule appointments strictly and /or
encourage clients to carpool..
11 -2 -78
: Application No. 78066
Page 2
The key consideration in any special home occupation is a determination that the
proposed use is clearly secondary and incidental to the primary use, which is
residential.
The following conditions of approval are recommended:
1. The permit is issued to the applicant as operator of the
proposed use and is nontransferable.
2. The permit is subject to all applicable codes, ordinances
and regulations, and violation thereof shall be grounds
for revocation.
3. The permit acknowledges the employment on the premises, at
any one given time, of not more than one person who is a non -
resident of the premises and violation of this condition shall
be grounds for revocation.
4. A current copy of the applicant's State Operator's License as
well as a current copy-of any employee State Operator's License
shall be kept on file with the City.
5. All parking related to the special use shall be off- street
parking on appropriate space provided by the applicant.
• 6. The hours of operation shall be: Tuesday, Thursday, Friday
9:00 a.m. to 5:00 p.m.; Wednesday - 2:00 p.m. to 8:00 p.m.;
and Saturday - 8:00 a.m. to 3:00 p.m.
11 -2 -78
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!.. atanci for apeciai use ver -mIT
A special use permit may be granted by the City Council after demonstration
-by evidence that all of the following are met:
(a) The establishment, mairtenance'or operation of the special use will
promote and enhance the general public welfare and will not be
detrimen ±al to or endanger the public health, safety, morals,: or
comfort.
(b) The special use will not be injurious to the use and enjoyment_ of other
property in the Immediate vicinity for the purposes already permitted,
nor substantially :diminish and impair property values within the
neighborhood. - - -
(c) The establishment of the special use will notimpede_the normal and
orderly development and improvement: of surrounding property for uses
permitted in' the. district.
.(d) Adequate measures have been or will be taken to provide ingress,
egress and -
g parking: so designed as to minimize traffic congestion -
_ in the public streets. -- -- _. _. --
(e) Tlie special use shall, in all other, respects, conform to the appli- -
cable regulations. of the district in which it -is located.
3. C onditions and .Restrictions
. The Planning Commission -may. recommend and the City Council may - impose
such conditions and restrictions upon the establishment, location, construction,
maintenance and operation of the special use as deemed necessary for the pro-
tection of the public interest and to .secure compliance with requirements
specified in this ordinance.. In all cases in which special use permits are
granted_, the City Council. may require such evidence and guarantees as it may _.
deem necessary as part of the conditions stipulated in connection therewith.
4. Resubmission
No application for a special use permit which has been denied by the City
Council shall be resubmitted fora period of twelve (1 months from the date of .
the final determination by the City Council; .except that the applicant may set
forth in writing nevvly discovered evidence of change of condition upon which
he relies to gair. the consent of the City Council for resubmission at an earlier
time.
5. _ Revocation and 'E; tension of Speci Use Perm to
- When a special. use-perri i has. been issued pursuant to the provisions of
_ this ordinance, such permit shall expire without further action by the t lane' ing
Commission or the City Council unless the applicant or his assignee or .
successor commences work upon the su.;ject . property within one y ^ar of the
date the special use permit ts,-granted, or unless before the expiration of the '
one year period the applicant shal'. ape -.lv for an extension thereof by filling out
and submitting to the Secretary of tine Planning' Cmurpission a "Special Use
Permit" application requestirg such extension a.nd paying an `additional fee of
`Section_ 35 -900 (continued)
Floor /area ratio The numerical value obtained through dividing the gross floor
area of a building or buildings by the total area of the lot or parcel of land on which
such building is located.
Garage, private - An accessory building or an accessory portion of the dwelling
building intended for or used to store private passenger vehicles of the families resident
upon the premises and in which no business, service or industry connected directly or
indirectly with automotive vehicles may be carried on.
Green Strip An area containing only vegetation such as grass, trees, flowers,
hedges, and other related landscaping :materials, and maintained expressly for such
purpose
Home Occupation - Any gainful occupation or profession, engaged in by the
occupant of a dwelling unit within said dwelling, which is clearly incidental and
secondary to the residential use of the premises, provided, such activity does not pro -
duce light glare, noise, odor or vibration perceptible beyond the boundaries the
premises; does not involve the use of accessory structures; and, further provided that
said activity does not involve any of the following: repair, or manufacturing
which requires equipment other than that customarily found in a home; over -the- counter
sale of merchandise produced off the premises; or the employment of persons on the
premises, other than those customarily residing on the premises. Examples include:
dressmaking; secretarial services; professional offices; answering service; individual
music or art instruction; individual hobby craft ; child day care (defined as the care of
not more than five (5) nonresident children and provided the facility and operation are
properly licensed by the County, and provided a record of said license is on file with
the City); and the like.
Home Occupatio Specia - Any gainful occupation or profession, approved
by special use permission, engaged in by the occupant of a dwelling unit within
said dwelling or involving not more than one accessory use permitted by Section
35 -310 or Section 35 -311 and which involves any of the following: stock -in -trade
incidental to the performance of the service; repair, service, or manufacturing which
requires equipment other than that customarily found in a hone; the employment on
the premises, at any time, of not more than one person who is a nonresident of
the premises; the teaching of more than one (1) but not more than four (4) nonresident
students any given time; or the need for not .more than two (2) parking spaces in
addition to spaces required for the persons residing on the premises; and provided the
activity: is clearly incidental and secondary to the residental use of the premises,
including the dwelling, and permitted accessory buildings or installations thereon;
does not produce light glare, noise, odor or vibration perceptible beyond the bound-
aries of the premises; does not consist of over- the - counter sales of merchandise pro-
duced off the premises. Examples include: barber and beauty services, shoe repair,
photography studio, group lespons, ,saw sharpening, motor- driven appliance and small
engine repair, and the like.
Hotel - A building which provides a common entra ice, lobby, and stairways,
and in which lodging is commonly offered with or without meals for periods of Tess
than a`week,
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general Information Sheet
Item No. 7a - Westbrook Mall Landscape Plan
Westbrook Mall has requested certain revisions to its current landscape plan. We
will be prepared Thursday evening to review these changes and request Planning
Commission input regarding this matter. If you have the opportunity to drive by
the site, please review and make your observations regarding the site improvements
already in place.
Item No. 7b - Comprehensive Plan and Critical Areas Plan Review Process
The Commission should discuss a method for seeking further citizen input, partic-
ularly with respect to the Neighborhood Advisory Groups regarding both the Com
prehensive Plan and the Critical Areas Plan. We have scheduled a public hearing
on the Inventory and Analysi -s section and the General Policy section of the
Critical Areas Plan for the Planning Commission meeting of N ovember 16, 1978.
I feel it is also important to receive further. input from the Neighborhood -
Advisory Groups regarding any perceived problems in their neighborhood which
-might be addressed in the Comprehensive Plan. Commission members should encourage
d discuss ss their areas and provide
r o meet
an d c
their, Nei hborhood Advisor Groups s t p
g Y p
the City with this information. It is also important that notice of these
neighborhood meetings be posted, and arrangements for meetings can be made by
.contacting me at City Hall.
I
j
11 -2 -78
EXCERPT FROM THE MINUTES OF THE PROCEEDINGS OF THE PLANNING
r COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF
HENNEPIN AND THE STATE OF MINNESOTA
REGULAR SESSION
NOVEMBER 2, 1978
CITY HALL
APPLICATION NO. 78064 (Gene Hamilton)
The next item of consideration was Application No. 78064 submitted by'Gene Hamilton.
The Secretary stated that the applicant sought a variance from Section 35 -400 of
the City Ordinances to allow the carport accessory structure which had been erected_
without building permit, to encroach approximately 20 ft. into the 35 ft. front
setback at 6230 Lee Avenue North.
The Secretary reviewed a transparency of the area and pointed out the location of
the applicant's property. He explained that the applicant's carport had been the
subject of Application No. 77064, an appeal from an administrative ruling that
the structure encroached 20 ft. into the front.setback and could not be allowed.
He stated that the Council had ultimately denied the appeal and the present appli-
cation was a request for a variance to permit the structure to encroach into the
front yard.
He stated that the applicant had submitted a written statement explaining his
request and outlining his justification for the variance, in which he claims the
placement of the house on the lot, the number and placement of existing trees and
the lack of an alley make it virtually impossible to construct a detached garage
in the rear yard and have access to it. The appli cant also contends the carport
provides a margin of safety on many days when an unprotected car would be subjected
to sleet and snow and fogged windows. He notes that the location of the carport
on his property is unique in that the grade of the driveway and existing trees
and shrubbery make it appear to blend into the surroundings. The applicant also
claims that the winter weather conditions and the location of the one car garage
create a hardship and points out that 14 neighbors signed a .petition supporting
his variance request.
The Secretary reviewed the Standards'for Variances in Section 35 -240 (2) of the
City Ordinances, which allow for variances from the literal provisions of the
ordinance and instances where their strict enforcement would cause undue hard
ship because of circumstances unique and distinctive to the individual property
under consideration after demonstration that all four of the qualifications are
met.
The Secretary continued that it was not felt that this variance request met the
qualifications of a hardship contained in the ordinance as opposed to a mere in-
convenience, nor that the conditions of the variance were necessarily unique to
the parcel. He pointed out that single family homes with tuckunder single car
garages similar to that of the applicant are relatively common in Brooklyn Center.
He added that consideration should also be given to the precedent that would be
set if this variance were granted and what, if any, distinctions would be made
.with respect to this application and a similar request from another individual
requesting the same type of encroachment into the front yard setback.
11 -2 -78 -1-
The Secretary stated it was also felt that the alleged hardship claimed by the
applicant was not necessarily related to the requirements of the ordinance. He
explained that setback standards are minimum standards, and the ordinance does
not mandate that houses be built at the 35 ft. setback, only that they do not
encroach on this mimimum setback.. He also explained that the ordinance does not
require garages or any other type of protection for cars, and also does not specify4
the placement and number of trees and shrubbery on single family residential
property. He pointed out that these are decisions made by builders,.developers and
property owners, all persons having an interest in the parcel of land. Point c
in the Standards for Variances requires that the alleged hardship must be related
to the requirements of this ordinance and not have been created-by - any persons
presently or formerly having an interest in the parcel of land.
The Secretary concluded that it was felt that the variance request did not clearly
meet the Standards for Variances, particularly in terms of uniqueness and hardship,
and recommended denial of the application.
PUBLIC HEARING
Chairman Enadahl announced that a public hearing had been scheduled and inquired
whether anyone in the audience wished to be heard. No one spoke relating to the
application. He recognized the applicant, Mr. Gene Hamilton,
The applicant stated that he had received a number of telephone calls and visits
from his neighbors who had been notified of the public hearing and asked him
whether he would like them to be present at the hearing. He stated that -he had
informed his neighbors that he felt that the petition which they signed in support
of his structure in the fall of 1977 was sufficient evidence of their support, and
he noted that none of his neighbors was present at the public hearing,
The applicant stated that the Commission had reviewed the situation under his
previous appeal application and was familiar with the circumstances. He stated
that he "had problems dealing with the fact that a piece of metal covering a car
which would be parked in the.driveway anyway can be so important that it can't
be allowed. He explained that after having used the carport over last winter,
he was convinced it was effective in protecting the car from sleet and" snow that
there had been no problem with visibility, and that there had been no necessity
for scraping the windows, which was an improvement in safety.
He explained that he was requesting a variance which would only be granted to
himself, and that anyone else requesting a similar variance would have to prove
that they have -the same conditions as-his. He- stated that the Commission could'
approve the application on the merits of the individual case, and no precedent
would be set. He concluded by stating that he could not understand why a neat
and useful structure such as the one "he - had erected could not be approved in the"
City of- ,Brooklyn Center.
CLOSE PUBLIC HEARI
It was noted that no one else spoke relating to the application. Motion by Comis-
sioner Jacobson seconded by Commissioner Malecki to close the public hearing.-
The motion passed unanimously.
Chairman Engdahl polled the Commissioners. Commissioner Hawes stated that while he
could understand the applicant's point of view, it was the purpose of the ordi-
nance to draw a.firm line regarding the location of structures on a property._
He stated that the applicant's structure was located strictly against the ordinance
standards and that the applicant did not meet the standards for a variance. He
concluded that he was opposed to granting the variance.
11 -2 -78 -2-
b
Commissioner Malecki stated that the ordinance required that an undue hardship
exist in order for a variance to be granted. She pointed out that scraping a car
windshield did not constitute an undue hardship, but rather an inconvenience, and
she felt that, not having met that standard, consideration -of the application did
not have to go any further.
Commissioner Jacobson stated that the possibility of granting a variance had been
discussed during the appeal process and that it had been determined that the
situation did not meet the standards for a variance. She stated the application
still did not meet standards for a variance,and she was opposed to the granting of
such a variance.
Commissioner Pierce stated he was still undecided on the issue of whether a carport
should be allowed, to encroach into the front setback. He stated that he still felt
felt other alternatives should be researched by the Commission and explained that,
G while the 35 ft. setback requirement may have been viable when it was originally
established, there may be need to revise that standard at .present. He stated
that the applicant's situation was not unique and that if. the variance were
granted, the Commission would have to grant anyone else permission to erect
structures in their front yards.
In response to a question from Commissioner Book, the Secretary explained that
Mr. Hamilton's original Application (No. 77064) had been an appeal from an ad-
ministrative ruling by the Building Official that a carport was an accessory
structure that 'could not encroach into the front yard setback, and that the Council
had upheld the administrative ruling. Commissioner Book stated that ordinance
standards can be subject, to change and that the Commission has a sensitivity
towards granting variances. He continued that in situations such as the applicant's
it is preferable to change the ordinance standards rather than grant a variance.
He explained that although the applicant pointed out the structure was 30 feet
from the street, it was only 15 ft. from the street right -of -way line. He stated
that!he felt that in the event that the street be widened or -a sidewalk be in-
I' stalled,'that a 15 ft. setback was not sufficient, and that there could be some
safety problem.
Commissioner Theis stated that., the situation was not uni.qu.e to the property and -
constituted an inconvenience rather than a hardship. He pointed out that the
structure was not detrimental to the neighborhood and that although he didn't
feel the variance could be approved, he did feel that the ordinance should be
amended to permit such a structure in the front setback. He stated that there
were apparently legal problems with establishing aesthetic review criteria for a
carport in the front yard as he had suggested when the situation was reviewed
under the appeal application.
Chairman Engdahl stated that he felt that denial of the application was in order
because it does not meet the standards for a variance. He- pointed out that
having to scrape the windows of the car is not at all a unique situation in
Minnesota, and that anyone who parks their car in a parking lot during the day
also has to scrape windows in the evening.
RECOMMEND DENIAL OF APPLICATION NO. 78064 (Gene Hamilton)
Motion y Commissioner Malecki seconded y arnmissioner Hawes to recommend denial
of Application No. 78064 submitted by Gene Hamilton because the application does
not meet the standards for a variance with respect to uniqueness and hardship.
11 -2 -78 -3-
Commissioner Book pointed out that the situation could be detrimental to the public
welfare with respect to the precedent it could set for allowing structures to be
within 15 ft. of the street right -of -way.. In further discussion it was the con -
sensus of the Commission that the structure was not detrimental to the public
welfare and Commissioner Book - withdrew the point.
Commissioner Hawes asked for clarification of the motion as it stood. The motion .
was to recommend denial of the application on the basis that it does not meet the_.
standards for variances with respect to uniqueness and hardship. Voting in favor:
Chairman Engdahl, Commissioners Jacobson, Malecki and Hawes. Voting against: Com-
missioner Pierce and Theis. Not voting: Commissioner Book.
Chairman Engdahl recognized the applicant who inquired whether all members of the
Commission had received a copy of his formal request for variance. Chairman
Engdahl responded that a copy of the request had been included with the agenda
materials which had been received by each Commissioner.
11 -2 -78 -4-
Member introduced the following resolution and FOL,
roved its adoption:
RESOLUTION NO.
RESOLUTION ESTABLISHING A LAWCON`FUND
WHEREAS, Section 7.11 of the City Charter of the City of Brooklyn Center
does provide that there shall be maintained in the City treasury a classification
of funds which shall provide for a General Fund for the payment of such expenses
of the City as the Council may deem proper, and such other funds as may be re-
quired by state statutes, ordinance or resolution; and
WHEREAS, the City Council desires to develop certain lands known as
Central Park and the Shingle Creek Trailway; and
WHEREAS, the City Council authorized application for Land and Water.
Conservation funds to assist in the development of Central Park and the Shingle
Creek Trailway; and
WHEREAS, the City Council has established Central Park Grading Project
No. 1978 -41 and Shingle Creek Trailways Project No. 1978 -42:
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center, Minnesota that there is hereby created a fund to be known as
the LAWCON FUND; and
BE IT FURTHER RESOLVED that the purpose of the LAWCON FUND is to
account for funds received from federal and state sources'expended on said projects._
Date Mayor
ATTEST:
C lerk
The motion for the adoption of the foregoing resolution was duly seconded by
member and upon vote being taken thereon, -the
following voted in favor thereof;
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
Member introduced the following resolution and
moved its adoption:
RESOLUTION NO.
RESOLUTION ESTABLISHING A COMMUNITY DEVELOPMENT BLOCK GRANT
(CDBG) FUND
WHEREAS, Section 7.11 of the City Charter of the City of Brooklyn Center
does provide that there shall be maintained in the City treasury a classification
of funds which shall provide for a General Fund for the payment of such expenses
of the City as the Council may deem proper, and such other funds as may be
required by state statutes, ordinance or resolution; and
WHEREAS, the City Council of the City of Brooklyn Center desires to develop
a viable urban environment to include decent housing, a suitable living environment
and expanded economic opportunities, principally for low and moderate income
individuals; and
WHEREAS, the City of Brooklyn Center entered into a joint cooperation
agreement with Hennepin County and thirty -six (36) other municipalities to seek
Community Development Block Grant Funds through the Urban County Program:
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of
Brooklyn Center, Minnesota that there is hereby created a fund to be known as the
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUND; and
BE IT FURTHER RESOLVED that the purpose of the COMMUNITY DEVELOPMENT
BLOCK GRANT FUND is to account for funds received from the Department of Housing
and Urban Development in the manner set forth in the Community Development Block
Grant guidelines.
Da to Ma yor
ATTEST:
Clerk
The motion for the adoption of the foregoing resolution was duly seconded by
member and upon vote being taken thereon, the
following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
Member introduced -the following resolution and
moved its adoption:
RESOLUTION NO.
RESOLUTION SUPPORTING THE REPEAL OF A PORTION OF THE
SOCIAL SECURITY LAW WHICH DECREASE THE SOCIAL SECURITY
BENEFITS AVAILABLE TO THE SPOUSE OF A GOVERNMENT WORKER
WHEREAS, 'the U. S. Congress has recently enacted a law - taking away
at least a portion of - the Social Security benefits from spouses of Social Security
beneficiaries if - the spouse had a government pension; and
WHEREAS, such action is discriminatory 'to persons who have government
pensions as well as working women; and
WHEREAS, - the law passed by Congress took effect immediately for men
and will go into effect for women five years from now:
NOW, THEREFORE, BE IT RESOLVED - that - the Municipals, comprised of
over four hundred members, duly organized, by employees of over forty
municipalities in the surrounding area assembled in Minneapolis, Minnesota,
urges - the U. S. Congress - to repeal - that portion of 'the Social Security law -that
reduces by - the amount of any governmental pension -the benefits of a spouse of a
Social Security beneficiary, or "grandfather in" 'those persons who are now on
Basic PERA, and
BE IT FURTHER RESOLVED that - the Municipals organization urges all
members and other government employees to meet with their Congressmen and
Senators and - to personally urge - them to remove - this inequity; and
BE IT FURTHER RESOLVED by 'the Municipals membership - that this resolution
be spread upon - the records of this meeting.
Date Mayor
ATTEST:
Clerk
The motion for - the adoption of.the foregoing resolution was duly seconded by
member , and upon vote being - taken thereon, - the
following voted in favor of same;
and - the following voted against - the same:
whereupon said resolution was declared duly passed and adopted.
The United States Congress has recently enacted a law taking
-away at least a portion of the Social Security benefits from spouses
} of Social Security beneficiaries, if the spouse had a government
pension, effective December, 1982.
F This means that our PERA pension, based on our work in pub-
lic employment, will be deducted from the amount of Social Se
curity we can collect from our husband's benefits.
_f 'We feel this discriminatory to persons who work_ in govern -
ment'and plan on a government pension, and also discriminatory to
4 working women. If we did not work would be entitled to at
n least half of our husband's Social Security benefits without
paying into that fund, and in most cases, we have paid in some
._. %
Social Security prior . to government work, but not enough to be
eligible for the minimum. That amount we know is lost to us.
For the past ten years, the municipal government employees
hired are on a Coordinated plan, which is a combination of PERA
and Social Security, but those of us hired prior to that time are
' on Basic PERA.only. Had we known at that.time that the law would
be changed so that we would not be eligible f or half of our hus
band's Social Security, we would have changed.to the Coordinated
plan when we had the opportunity..
So we strongly urge that all government employees write to
their Congressmen that this new law be changed so that the women
in the Basic PERA plan be• "grandfathered in" under the law as it
was prior to the 1977 change. A great many government workers
have not worked outside of government employment to build up their
own Social Security benefits because we knew we could collect
benefits from our husbands, so we do not feel it fair to.change
this law now.
Member introduced the following resolution
and moved its adoption:
RESOLUTION NO.
RESOLUTION ACCEPTING BID AND APPROVING CONTRACT FORM
(STREET SURFACING AND CURB & GUTTER CONTRACT 1978 -P)
WHEREAS, the City Clerk and the City Engineer have reported
that on October 16, 1978, at 11 :00 a.m., central daylight time, they
opened and tabulated bids for Street Surfacing Improvement
Project Nos. 1978 -33 and 1978 -36, and Curb & Gutter Improvement Project
Nos. 1978 -34 and 1978 -37, and that said bids were as follows:
Bidder Total
C. S. Mc Crossan, Inc. $ 73,870.00
Hardrives, Inc. 108,778.10
WHEREAS, it has been determined by the Director of Public Works
to the satisfaction of the City Council that the bid of C. S. McCrossan,
Inc., is the best bid submitted.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the.City
of Brooklyn Center that the bid of C. S. McCrossan, Inc., in the amount
of $73,870.00, as to furnishing of all work, labor, and material in
connection with the above mentioned projects, according to the plans-
and specifications therefor now on file in the office of the City Clerk,
is deemed to be the lowest and best bid submitted for said work by a
responsible bidder, and said bid is hereby accepted.
BE IT FURTHER RESOLVED to authorize the Mayor and City Manager
to execute a contract with said bidder. _
Date
Mayor
ATTEST:
Clerk
The motion for the adoption of the foregoing resolution was duly
seconded by member , and upon vote being taken
thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
J
Member introduced the following resolution
and moved its adoption:
RESOLUTION NO.
RESOLUTION REJECTING CONSTRUCTION CONTRACT BIDS
(SALT STORAGE BUILDING CONTRACT 1978 -R)
WHEREAS, the City Clerk and the City Engineer have reported
that on November 8, 1978,.at 11 :00 o'clock, a.m., central standard
time, they opened and tabulated bids received for Contract 1978 -R for
Salt Storage Building Improvement Project No. 1978 -43 and that said
bids were as follows:
1) A B J Enterprises, Inc...................$ 56,835.00
2) Barr- Nelson ............................. 57,300.00
.3) Dean & Associates, Inc ................... 64,400.00
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Brooklyn Center, Minnesota, that inasmuch; as all bids submitted
exceeded the Engineer's estimate for the work, it is deemed in the best
interests of the City, to reject all bids as outlined above.
Date Mayor
ATTEST:
Clerk
The motion for the adoption of the foregoing resolution was duly
seconded by member , and upon vote being taken
thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
Member introduced the following resolution and
•
moved its adoption:
RESOLUTION NO.
RESOLUTION PERTAINING TO AMENDMENT NO. l TO AGREEMENT
WITH THE CITY OF MINNEAPOLIS REGARDING PRELIMINARY
ENGINEERING FOR RECONSTRUCTION OF 53RD AVENUE NORTH
BE IT RESOLVED by the City Council of the City of Brooklyn
Center as follows:
1) That the City of Brooklyn Center enter•into Amendment
No. 3 of agreement with the City of Minneapolis for
the following purposes, towit:
The City of Brooklyn Center agrees to provide
certain preliminary engineering services for
the reconstruction of Penn Avenue North from
53rd Avenue North to the bridge near 52nd Avenue
North, and the City of Minneapolis agrees to
reimburse the City of Brooklyn Center for the
actual cost of the said engineering services in
accordance with the terms and - conditions set
forth in the agreement, and
2) That the Mayor and City Manager be and hereby are
authorized to execute such Amendment No 1 to agreement
and thereby assume for and on behalf of the City all
of the contractual obligations contained therein.
Date Mayor
ATTEST:
Clerk
The motion for the adoption of the foregoing resolution was duly
seconded by member , and upon vote being taken
thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon.said resolution was declared duly passed and adopted.
Member introduced the following resolution
and moved its adoption:
RESOLUTION NO.
RESOLUTION REJECTING CONSTRUCTION CONTRACT BIDS
(SALT STORAGE BUILDING CONTRACT 1978 -R)
WHEREAS, the City Clerk and the City Engineer have reported
that on November 8, 1978, at 11:00 o'clock, a.m., central standard
time, they opened and tabulated bids received for Contract 1978 -R for
Salt Storage Building Improvement Project No. 1978 -43 and that said
bids were as follows:
1) A B J Enterprises, Inc ...............: ..$ 56,838.00
2). Barr- Nelson .............................. 57,300.00
3) Dean & Associates, Inc................ 64,400.00
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Brooklyn Center, Minnesota, that inasmuch as al bids submitted
exceeded the Engineer's estimate for the work, it Is deemed in the best
interests of the City to reject all bids as outlined above.
s
Date Mayor
ATTEST:
Clerk
The motion for the adoption of the foregoing resolution was duly
seconded by member and upon vote being taken
thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
CITY OF BROOKLYN CENTER
ORDINANCE NO.
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 at - 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 at 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 - that shall have been in existence
more than two years.]
f
ORDINANCE NO.
[Section 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
any time by the City Council.]
[Sec 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 au'thori'ty 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. I•t 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 anytime 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.
Section 23 -600 Adoption by Reference. The regulatory pr ovisions of
Minnesota Statute Section 349 11 to and including Section 349. 23_are hereby
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 fort herein.
Section 23 -601 Licensed Required No person, a fratern religious,
veterans or nonprofit organization governed by Minnesota Statute Section_ 290.05,
which organization has been in existence for at least - three years, has at least 30
present, active members, who have been members for at least six months and whos
conditions of membership are duly fulfilled, shall operate, conduct or participate in
bingo or bingo occasions nor have any interest in the operation, con duct or.participa-
Lion in bingo or bingo occasions nor possess bingo cards, bingo numbers, bingo
accouterments or bingo paraphernalia No fraternal, religious, veterans 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 participation
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. App l i cation 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 th 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 t 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 th applica-
tion is made on behalf of a corporation, joint business venture, partner 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 establishment, acquisition, maintenance or furnishing of any b ingo games,
bingo occasions, bingo paraphernalia or their accouterments and,. in - the c ase of a
corporation, - the names and addresses of all officers, general managers me mbers of
the Board of Directors as well as any creditors who have extended cr edit for the
acquisition, maintenance or furnishing of bingo games, bingo occasi or bingo
paraphernalia
ORDINANCE NO.
Section 23 -603. License Fee, License Investigation and License year.
The annual license fee is and - the fee for investigation for the purposes
of issuing a license is The license fee and fee for -the investigation
of issuance of a license shall be aid 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 for 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 at all times. Bingo games, bingo occasions, bingo
numbers, cards, accouterments and paraphernalia shall be kept, maintained, operated
or conducted by licensed organizations only u pon the premise's which it owns or leases.
A license, unless revoked, suspended or canceled, is for the calendar year 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
manager or reapplication for a- 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 applica 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. Granting or Denial of Licenses. License applications
shall be reviewed by the Police Department, Planning and Inspection Department
and such other departments as the City 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
subject to the provisions of - this Ordinance. - Any appeal shall be before 'the City
Council. Licenses permitting - the operation, conduct or use of bingo games or bingo
occasions or - the keeping or possession of bingo numbers, cards, devices, accouter-
ments or paraphernalia are nonrenewable and application must be made each year for
a license, permitting and allowing - the conduct *or operation of bingo games and bingo
occasions and - the possession or use of bingo accouterments, paraphernalia, numbers
and the like for - the succeeding year. Licenses granted herein are nontransferable.
Section 23 -605. 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
persons' ability, capacity or fitness to perform the duties and discharge
the responsibilities of the licensed activity
ORDINANCE NO.
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 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 othe
nonprofit organization which organization has been in existence for at
leant , 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 notify
- the_Police Department in writing of any such proposed change indicating
- the address and name of - the new pingo manager and - the effective date of
such proposed change.
ORDINANCE NO.
3_. The operation or conduct of bingo names or bingo occasions is not per-
mitted between midnight and 8 :00 a.m. of the succeeding day.
4. The licensee, bingo. manager 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' Ordinance may be cause
for the revocation, suspension, cancellation or nonissuance of other
licensas issued by the City 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 gImes, 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 substanc defined in Minnesota Statutes
Chapter 152 or Brooklyn Center Ordinances Chapter 19-1120.
33.. 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.
i
ORDINANCE NO.
The licensee may appeal such suspension, revocation, cancellation or 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, cancellation or
ether 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 'thi
ordinance 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 23 -609. Penalties Whoever does any act forbidden by this
ordinance 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 - 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 constituting 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
accessory, shall be quilts of such offense and every person who falsely, fraucblently,
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
Date of Publication
Effective date
(Underline indicates new matter, brackets indicate material - to be deleted.)'
BINGO 349.12
axpervisors by resolution CHAPTER 349
15lc372s1; 1953c s
BINGO
tEQUIREMENT'S. The fr jam- seG
i. front feet of pocket $ w ,, 349.17 conduct of awe..
of birds and re tiles Oth . 349.18' Retards; players cards and prizes.
p w "` " d ar�n+za�a° ° 3 Records; receipts and profits.
!town board of the town „� .:;
were killed within the dt ,•,- ,, F ma y conduct bingo; u 349:21 ; discrepancies, reporting agen-
all certify to the county ., , ;", js-rsr 349.22 Penalty.
all be issued by the chat.. -_ 34923 Validity of prior agreements.,
low the names of all
)f each kind of animals ra ;= ..
wh person is entitled to rp� ... toss ( Repealed, 1976 c 261 s 15 ]
the county treasurer pa} a',:3
1,4&v2 [ Repealed, 1976 c 261 s 15 ]
rtificate, for the full amn . ; -
tte, and upon receipt of tt « _ j s3 [ Repealed, 1976 c 261 s 15 ]
)unty allowed by law for tt
)vs i I PURPOSE. The purpose of Laws 1976, Chaper 261 is to closely regulate
odies, -and rattles are- produr =, .T. i the conduct of the game of bingo and to prohibit commercialization of
d rattles to be destroyed 3... -
ixc261s1]
for the destruction of the a= rte.
1 adopt rules for the payment t#di DEFINITIONS. Subdivision 1. As used in sections 349.11 to 349.23 the
addition to any bounty which r t.rms have the meanings given them.
.r.1 2: "Active member" means a member who has paid all his dues to the or
-
y county having over 45,000,a-* 3. • ._ - n and has been a member of the organization for at least six months.
:ederal census, may by resole:.. r •..c.1 3. 'Bingo" means a game where each player has a card or board for which
gray and pocket gophers arts f - „ ,,rrstion has been paid containing five horizontal rows of spaces, with each
e ;t the central one containing five figures. The central row has four figures
1915 c 357 s 1; 1917 c 290 s i, a lyd "free” marked in the center space thereof. A player wins a game of
�mpleting any preannounced combination of spaces or, in the absence of a
,- -nient of a combination of spaces, any combination of five spaces in a
..+ I- vertical. horizontal or diagonal.
JA {. "Bingo occasion' means a single gathering or session at which a series
► r --re successive bingo games is played.
r.: -5: "Checker" means a person who records the number of bingo cards pur-
K -*r 1=.i, played -during each game and records the prizes awarded to the recorded
`4 4aes not collect the payment for the cards.
44 6. "Lawful purpose" means one or more of the following: (a) benefiting
t,, enhancing their opportunity for religious or educational advancement, by
r protecting them from disease, suffering or distress, by contributing to
. ,1 a! well- being, by assisting them in establishing themselves in life as wor-
".e —ful citizens, or by increasing their comprehension of and devotion to the
�* :;rm which this nation was founded; (b) initiating, performing, or fostering
'Bert works or enabling or furthering the erection or maintenance of public
(C) lessening the burdens borne by government or voluntarily supporting,
or supplementing services which government would normally render to
" lir (d) the improving, e x p andi n g, maintain or repairi real p
�- r $ast*d b. P g, xP g, g. p g p pe Y
y an organization.
purpose" does not include the erection or acquisition of any real prop-
"'` the local unit of government specifically authorizes the expenditures after
° .et the property will be used exclusively for one or more of the purposes
^� this clause.
"Local unit of government" means the city or town in which bingo is
be played or is played or, if there is no city or town, the county in which
k r. Vllsed to be played or is played.
441 A "Organization" means any fraternal, religious, veterans, or other non
i�zation.
349.13 BINGO
Subd. 9. "Profit" means the gross receipts collected from one or more 1;,,,.,,, , 3' t 11 Any person or cor
casions, less reasonable sums necessarily and actually expended for bingo , , * , � that it owns to two
and equipment, prizes, rent, and utilities used during the bingo occasions, t,:. „ c� occasions, shWi�nk
tense fees, taxes related to bingo, and other expenses permitted by Laws 19'a' �, *, t , premises in any
ter 261.
� -.., organization which le
Subd. 10. "Bingo manager" means a member who has paid all his dui the co
,,,tes i nes to ,*, . 1
ganization and has been a member of the organization for at least two yeah A ., ,,• s reasonable sums f
been designated by an organization to supervise bingo occasions conducted by ,
for lay purposes as
[ ] e,,.,nizati r shall report
1976 c 261 s 2
• ,, �t has received during
349.13 NOT GAMBLING IF ORGANIZATION CONDUCTS BINGO, B11,., ations for purposes
not be construed as a lottery or as gambling within the meaning of sections t* o. ti,. organization shall con
609.76 if it is conducted by an organization in compliance with Laws 1976, C7u, ,.? t,.r a term at least equal
261. .,-,A,
c)n Lease payments
[ 1976 c 261 s 3 J a subject to change di,
s rental payments be base
349.14 ORGANIZATION MAY CONDUCT BINGO; LICENSE. An organ.; $
may conduct bingo occasions if it has been in existence for at least three yeah. ±,� , , ** q. Prizes for a single b
least 30 active members, has a license to conduct bingo from the local unit of i" ,.. . , type commonly knoµ
ment and complies with sections 349.15 to 349.21. t ,, l ,rrnided that the aggn
[ 1976 c 261 s 4 ] .;. S.,p0. The aggregate v
F P: rpt that in the case of
349.15 USE OF PROFITS. Profits from a bingo occasion shall be expende4 ., i r a maximum Prize of IT
for lawful purposes as authorized at a regular meeting of the'organization. _ tnzes for the bingo oc
[ 1976 c 261 s 5 J ,�. x mAjued at fair market reta
349.16 LOCAL REGULATION. Subdivision 1. Nothing in sections 3f4 5. No expense shall.
349.23 shall be _construed to prohibit a local unit of government from adopt of .t bingo, except those re
e -M. or utilities used du
nances, rules and regulations concerning the conduct of bingo which are more r+ . a t,ngo. and compensation
tive than state regulations, including an ordinance to ban the conduct of bingo t
to promulgating bingo regulations or issuing a bingo license, the local unit of A ,7 6. Each bingo winner
ment shall consult with the local building inspector, if any, and the fire and pt>i,. *> ati.e >,,,d the same day on 11
thorities. A local unit of government which permits bingo but has not adopted ii-r , -, All bingo occasion
lions shall be deemed to have adopted the provisions of Laws 1976, Chapter 261 s* _ ,,,, b the organization'
regulations. A local unit of government may amend its regulations. , a for the conduct
Subd. 2. A local unit of government that permits bingo shall establish a s-a— ordinances. The b
for licensing organizations to conduct bingo occasions, and shall act on a b-4 - tivor of the,organi:
cerise application within 180 days from the date of application, but shall not iss ,.. _ < , i ._ris of the bond shall
cerise until at least 30 days after the date of application. A license shall be va: *' `• t , =homy not less than
one year, and may be suspended or revoked by the issuing authority for violatte , , g a; unit of government 11
Laws 1976, Chapter 261 or of any local ordinance relating to bingo. . • - .•,. to the bingo license
Subd. 3. Each year the local unit of government shall allocate an am"I * f tab a provision shall b
money at least equal to the lesser $25,000 or 25 percent of the `amount it cfa. -" as s No person shall
and retained from bingo fees, bingo licenses, and bingo taxes in the preceding Yxr ;:r,'t, c 261 s 71
the supervision, regulation and inspection of the conduct of bingo.
[ 1976 c 261 s 61 its i % RECORDS; PI.P
.,f engaged for each bin
349.17 CONDUCT OF BINGO. Subdivision 1. No compensation shall be per° ' = .> !cards played in earl
any person in connection with a bingo occasion except an active member of the t, ' . , ,warded to the rec(
nization, or its auxiliary, or the spouse or surviving spouse of an active membr. R, _.. j.rdsd as accurate a
ducting the bingo occasion nor shall any person not an active member of the * m * r may require the ro
nization or its auxiliary or the spouse or surviving spouse of an active rr }'e c 261 s S J
participate in the conduct of a bingo occasion, except by resolution of a nu)"'
the membership, recorded in the official minutes of the organization, non - manor.` ` ` 14 EXEMPTION. I
assistants who are not active members of the organization, or its auxilian • (if sections 349.14
spouse or surviving spouse of an active member, may be hired to assist merr. *' ' * % - a county fair co
conducting a bingo occasion. Compensation shall not exceed $12 for a bingo occ> " '.t:r conducted by tl
i Subd. 2. No more than 104 bingo occasions each year or two bingo occj "''' t +� w bang of other
each week shall be conducted by any organization, except that the local tuut r ' {' trt bingo is cond
ernment issuing the license may permit additional bingo occasions to be condor' p ' :.: . -,r, ar, (b) by an t
an organization. A bingo occasion shall not continue for more than four torts« ' ' " year.
:
hours.
r7
BINGO 349.19
4
ected from one
or more bing
S 3. (1) Any person or corporation, other than an organization, which leases
ly expended for bingo di
s pre mises that it owns to two or more organizations for purposes inclu ng the
drig the bingo occasions, bin occasions to be con-
.., of bingo occasions, shall not allow more than four bingo
les Permitted by Laws 1976, C.,�,;, .-ed on the premises in any week.
(2) Any organization which leases any premises to one or more other organiza-
'including the conduct of bingo occasions shall use the proceeds of
f for purposes
Nho has paid all his dues to the
tion for at least two Years and r. ren t a l, less reasonable sums for maintenance, furnishings and other necessary ex-
90 occasions conducted by it. --ses, only for lawful purposes as defined in section 349.12. Not less than once each
the organization shall report to the licensing authority the. disposition of all re-
-- which it has received during the reporting period from the rental of its facilities
. CONDUCTS BINGO. Bi c ther organizations for purposes including the conduct of bingo occasions.
the meaning of sections 609.75... (3) No organization shall conduct bingo on any leased premises without a wTit-
ce with Laws 1976, Chap l for a tenn at least equal to the remainder of the term of the bingo license of
or ganization. Lease payments shall be at a fixed monthly rate, or rate per bingo
,.- not subject to change during the term of the lease. No such lease shall pro
,,de that rental payments be based on a percentage of receipts or profits from bingo
INGO, LICENSE. An organiz cc asions.
tripe for at least thre6 Years, ha Subd. 4. Prizes for a single bingo game shall not exceed $100 except prizes for a
1hgo from the local unitof gover,, -all" game. "Cover-all" prizes may ex-
v m of the type commonly known as a "cover
red $100 provided that the aggregate value of such prizes for a bingo occasion shall
.%A exceed $500. The aggregate value of prizes for a bingo occasion shall not exceed
11o occasion shall be expended on;,, S2,500 except that in the case of a bingo occasion during which a "cover-all" game is
; iayed for a inaximum prize of more than $100 but not more than $500, the aggregate
ng of the organization. �Jue of prizes for the bingo occasion shall not exceed $3,000. Merchandise prizes
be valued at fair market retail value.
1. Nothing in sections 349.11 Subd. 5. No expense shall be incurred or amounts paid in connection with the
f government from adopting ord, �onduct of bingo, except those reasonably expended for bingo supplies and equipment,
I of bingo which are more restn, prizes, rent, or utilities used during the bingo occasion, bingo license fees, taxes re-
4ted to bingo, and compensation to active members who conduct the game.
. ban the conduct of bingo. Przr
a license, the local unit of go%-err. Subd. 6. Each bingo winner shall be deterrrained every prize shall be awarded
. if any, and the fire and police au 4nd delivered the same day on which the bingo occasion is conducted.
bingo but has not adopted regu14
t of Laws 1976, Chapter 261 as, Subd. 7. All bingo occasions shall be under the supervision of a bingo manager
its regulations. designated by the organization who shall be responsible for gross receipts and profits
th all applica-
tits bingo shall establish a systtm from bingo and for the conduct of the bingo occasion in compliance wi
act on a bingo We laws and ordinances. The bingo manager shall give a fidelity bond in the sum of
his
'Dns d I
ppli�ationshbau't $10,000 in favor of the organization conditioned on the faithful p of
ag shall not issue a be given in writing to the li-
i
tion. A license shall be valid for duties. Terms of the bond shall provide that notice shall
ola.tion cl
issuing authority for vi censing authority not less than 30 days prior to its cancellation. The governing body
Fating to bingo. of a local unit of government may waive this bond requirement by including a waiver
nent shall allocate an amount Mvision in the bingo license issued to an organization, provided that a license con-
taining such a provision shall be granted only by unanimous vote.
percent of the amount it colled(-�,
90 taxes in the preceding year f�x Subd. 8. No person shall act as a bingo manager for more than one organization.
duct of bingo. [ 1976 c 261 s 71
349.18 RECORDS; PLAYERS, CARDS AND PRIZES. One or more checkers
No compensation shall be paid V, 5Ul be engaged for each bingo occasion. The checker or checkers shall record the
-Pt an active member of the org, 'lumber of cards played i each game prior to the completion of each game and record
the Prizes awarded to the recorded cards. Each checker shall certify all figures which
spouse Of an active member, cit..
he has recorded as accurate and correct to the best of his knowledge. A local unit of
)i an active member of the or ' p vides.
ng spouse of an active merntx' 90vernment may require the records to be on forms which it pro
I by resolution of a majority — 1976 c 261 s 8
Ipt
he organization, non-managernt-t
anization, or its auxiliary, or 1 !�i 349.19 EXENIPTION. Bingo may be conducted without complying with the re
Ety be hired to assist me mbtrs �r qUirerRents of sections 349.14 to 349.17, subdivisions 2 and 3, if conducted: (a) in con
I exceed $12 for a bingo occas'Or, Wtion with a county fair conducted by a county agricultural society or association,
the state fair conducted by the state agricultural society or a civic celebration recog-
ach year or two bingo occas'01`* "zed by resolution oi other similar official action of the local governing body pro-
�x cept th t the local unit of 90% "ded that the bingo is conducted for no more than 12 consecutive days in any one
0 c a
f I casions to be conducted? calendar yea or, (b) by an organization that conducts less than five bingo occasions
or more than four consecut'"' n any calendar year.
1976 c 261 s 9 1
349.20 BINGO 4750 4751
349.20 RECORDS; RECEIPTS AND PROFITS. Each organization shall keep re
cords of its gross receipts and profits for each bingo occasion. Gross receipts shall be STATE OFFIC
compared to the checker's records for the bingo occasion by a person who did not seo
cards for the bingo occasion. All deductions from gross receipts from a bingo occasion Subdivision I.
shall be documented «with receipts or other records. The distribution of profits shall 350.01
itemized as to payee, amount and date of payment. P Subd. 2. [ Repealed, 1
. ; Renumbers
Bingo gross receipts shall be segregated J Subd
. 3. [
P from other revenues of an organization
and placed in a separate account. Each organization shall maintain separate records Subd. 4. [ Renumbers
of its bingo operations. The person who accounts for bingo gross receipts and profits s50.011 [ Renumbered
shall not be the same person who accounts for other revenues of the organization. Re. Obsolete, 195'
cords required by Laws 1976, Chapter 261 shall be preserved for three years. The law 350.02 [
enforcement agency of the licensing authority shall have the authority to investigate # 350.021 [ Renumbered
the bingo records of an organization at any reasonable time. Organizations shall make E 350,03 [ Obsolete, 195
available their bingo records for investigation upon proper notice. ? Renumber'
u
[ 1976 c 261 s 10 ] 350.031 [
350.04 [ Obsolete, 195
349.21 REPORTS; DISCREPANCIES, REPORTING AGENCIES. Subdivision 1. 350041 [ Renumbere
.
If any discrepancy is found between the amount of gross receipts for a bingo occasion U5 50. [ Obsolete, 19',
as determined by the checker's records and the amount of gross receipts as deter. 3 Renumbers
mined by totaling the cash receipts and the discrepancy.exceeds $20, the discrepancy 350.051 [
shall be reported to and investigated by the licensing authority of the place where the - 35006 [ Obsolete, 19
bingo occasion was held .350.061 [ Renumber"
Subd. 2. An organization shall report monthly to its membership its gross re-_ Repealed, 11
ceipts from bingo, its profits from bingo and the distribution of those profits itemized 358.07 [ R Pe
as required by section 349.20. 350.071 ( Renumber'
Subd. 3. At least 30 days prior to conducting its first bingo occasion of the year 350.08 [ Obsolete, 11
and on an annual basis thereafter, an organization shall file with the local government i 350,081 [ Renumber
unit which regulates its conduct copies.of the following: $ Renumber
350.082 [
(a) Department of the treasury, internal revenue service, "Return of Organization t 083 [Renumber
Exempt from Income Tax," Form 990, or a comparable form if the organization is re '' 350. Renumber
quired to file the form x ith the department of the treasury; ; 350.084 [
(b) Department of the treasury, internal revenue service, "Exempt Organization 350.085 [ Renumbea
Business Income Tax," Form 990-T, or a comparable form if the organization is re- 350.086 [ Renumbe
quired to file the form with the department of the treasury; 350.087 [ Renumbe
(c) The annual report required of charitable organizations by Minnesota Statutes 350.Oy [Renumber
1974, Section 309.53, provided that an organization that conducts bingo but is exempt
from submitting his report t Renumb
g po o the department of commerce under section 309.53, sub- 350.091 [
division la, shall nevertheless submit such a report under this subdivision; Renumb+
Po 350.092 [
(d) The Minnesota department of commerce "Statement of Bingo Operations." 350,10 [ Renumbei
All information contained in the statement shall be true, correct, and complete to the 350.105 I . Repealer
best of the knowledge of the person or persons signing the statement. Any person
who shall knowingly make a false statement or knowingly conceal a material fact in 350.11 [ Renumbe
the statement shall be subject to the penalties provided in section 349.22
(e) Any lease agreements required by Laws 1976, Chapter 261, executed by the
organization in regard to premises leased for the conduct of bingo.
[ 1976 c 261 s III
34922 PENALTY. Violation of an
y provision of Laws 1976, Chapter 261 is a
gross misdemeanor. This section shall not preclude civil or criminal actions under
other applicable law or preclude any agency of government from investigating or
prosecuting violations of the provisions of Laws 1976, Chapter 261.
{ 1976c261s12]
34923 VALIDITY OF PRIOR AGREEMENTS. Nothing in sections 349.11 to
349.22 shall be construed to affect the validity of anyagreement.or contract between
an organization and any financial or lending institution, entered into prior to August
1, 1976.
[ 1976 c261 s 13 -j
CITY OF BROOKLYN CENTER
ORDINANCE NO.
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 I. 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
MinnesaF,Ei, 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, exce t a fraternal
religious, veterans or other nonprofit organization covered by Minnesota S'tatute s
Section 290.05, Subd. 1 Clause (1 or (K) which organization- has been in
existence for at least three years and has at least 30 present, active members
all of whose membership dues are fully paid and who have been members for a
least six months shall - possess, keep use. control or operate any gambling
device nor have any interest in the operation, possession, use or con•troi of
gambling device nor conduct or operate a raffle or have any interest in the
operation or conduct of a raffle including possession of raffle apparatus or Sal
of tickets No fraternal religious veterans or other nonprofit orgaxiization as
described herein, shall T)ossess keep, use cantrol or operate any, gamblina dpvic e
not have any interest in 'the operation possession, use or on•trol of gambling devices
nor conduct or operate a raffle or Have any interest in the opP tion or edndur• of a
raffle including possession of raffle appa ratug
duly and lawfully licensed as set forth herd_
Section 23 -1902. Contents of an Application fgr a T icense Applica ion for
a license shall be made only on - the forms_ provided by the M Manager. -Four
complete copies of - the application must be submitted to the C' Manager's office_
containing - the address and legal description of the rrooner 'to be licensed, the n_ ame
address and telephone number of "the owner 'lesse- if any, aid th aambt ina mana_=
whose n shall be set forth in the application and the name, address and tele h� one
number of at least , two persons of good moral character who shall __be_ residents of
Hennepin ounce who may be called upon Ito attest - to - the ajaplicant's or manager's
character. The application must also state whether -the applicant and .gambling
m anager has ever been convicted of a crime or offense other than a traffic offense
and, if so, state c omplete and accurate information as 'to the -time, place and nature
of such crime or offense i ncludi n g the disposition - thereof. The application furth
must list -the names and addresses of all creditors of the app licant, o�nzner_,_ essee.
gambling manager insofar as and regarding credit which has been ext .ndPd for the
purposes of constructing' eguippina maintaining, . operating o furnishing gambling
devices or . L h ejr a ,
ORDINANCE NO.
joint business venture, partnership or any 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, gamblin
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 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 othe
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 and - the fee for -the investigation for the purposes
of issuing a license is 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 at 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
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 any 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 ar
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 -1904. Granting or Denial of Licenses License applications
shall be reviewed by the Police Department, Planning and Inspection Departmen
and such other departments as the City Manager shall 'deem necessary. The review
shall include an inspection of `the premises covered by the application to determin
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 subject to - the provisions of this ordinance. Any appeal shall be before
the City Council. Licenses permitting - the op 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.
must be made each year for a license, permittinq and allowing -the operation,
keeping, use or possession of gambling devices or raffles or raffle apparatus o
any interest 'therein for the succeeding year. Licenses granted herein are non -
transferable
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•applican•t and all of il owners
managers, employees, agents or interested parties are free of con -_
victions for offenses which involve moral <•turpitude or which relate
directly - to such person's ability, capackty 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 o
political subdivision or - the State of Minnesota or whose owners,
managers or interested parties have not been similarly denied, revo
or suspended.
4. Licenses shall be issued only - to applicants who have fully and •tru•t
fully answered all of - the information requested in 'the application, who
have paid the license' fee fully and - the fee for investiga and ha
cooperated fully and truthfully with the City in the review of the
application.
S. 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 or aniza•tion covered by Minnesota S tatutes Section
290 05, Subd 1 (I) or (K) which organization has been in existence
for a•t least - three years and has at least 30 present active members
whose membership dues are fully paid and who have been members _
for a,t least six months.
7 Licenses shall be granted only where - the licensed premises meet - the
T 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.
ORDINANCE NO.
Section 23- 1906. Restrictions and Regulations.
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 person 'to be gambling manager who
shall be responsible for - the conduct of the business. 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 be cause for
the revocation, suspension or cancellation of other licenses issued by
the city 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 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 maybe revoked, suspended, canceled or not granted by the City Council
upon recommendation of - the City Manager by showing that the licensee, its owners
g ambling manager, employees, agents or any of its interested parties have engaged
in any of the following conduct
ORDINANCE NO.
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 no limited to the use of prohibited substances 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, cancella 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 - tha - t - the
license not be granted.
2. That the revocation, suspension or cancellation be lifted and - that the
certificate be returned to the licensee.
3. T he 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 23- .1908. Separability. Every section, provision or part of - this
ordinance is declared - separable from every other section, provision or .part to _the
extent - tha - t if any section, provision or part of the ordinance shall be held invalid
such holdings shall not invalidate any other section provision or part •thereof.
ORDINANCE NO.
Section 23- 1909. Penalties. Whoever does any act forbidden by - this
ordinance 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 consitutes a separate and distinct violation.
Section 23 -1910. 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 constituting a violation of - this ordinance or any act, which const 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 accessory, shall be
guilty of such offense and every person who falsely, fraudulently, forcibly or will -
fully induces, causes, coerces requires, permits or directs another to violate any
of the provisions of 'this Chapter is likewise guilty of such offense.
Section 2, This ordinance shall become effective after adoption and upon
thirty (30) days following its legal publication.
Adopted this day of 1978.
Mayon
ATTEST:
Clerk
Date of Publication -
Effective date
(Brackets indicate material to be deleted, underline - indicates new matter)
j
i
INCOME AND EXCISE TAXES 290.05
or without this state;
Subd. 2. The amount of tax imposed by subdivision 1 shall be computed in the +
t r , w ay as the tax imposed under section 402(e) of the Internal Revenue Code of
r however created by rr 4 as amended through December 31, 1974, except that the initial separate tax
and, , + be an amount equal to ten times the tax which would be imposed by section E
n unincorporated basin + ,3 if the recipient was an individual referred to in such section and the taxable
ion 1361 of the Intern. +1 F• .came, excluding the credits allowed in section 290.06, subdivision 3c, and ,section
74 to be taxed as a don,,,, It , ;l. was an amount equal to one - tenth of the excess of
d to be a corporation and
_ • ti) the total taxable amount of the lump sum distribution for the year, over
of this section or sect + +,t;
iii) the minimum distribution allowance, and except that references in section
zernzse terminated, the to,, r .el of the Internal Revenue Code of 1954, as amended through December 31, 1974, 1
purposes of this chapter. u ragraph (1)(A) thereof shall instead be references to subdivision I of this section. _
�tion 1361 of the Internal P. a Subd. 3. -The tax imposed - by'this section on a non - resident individual shall be
74 and other applicable pr= •. : ,n1 only on that part of the lump sum distribution attributable to personal or pro
:,:anal services within this state:
s 1; 1,945 c 410 s 1. Ex 1937 , 1975 c 349 s 28 J
1973c711 s3: 1975c34'—
290.04 L1ABiL.1TY FOR TAX. Subdivision 1. Accrual. The liability for the tax
1 ned by section 290.02 shall arise upon the first day of the taxable year upon
.For purposes of th °x ":h a domestic corporation exercises any of the pri vileges specified in section
vision
+ 92 or exists as a corporation, or on which a foreign corporation is possessed of
ed by reference herein, im pm ilege for the grant to it of the privilege of transacting or for the actual transac
osed by this section. r. by it of any local business within this state during any part of its taxable year, in
ates that a different meanie +orate or organized form. The liability for the tat imposed by section 290.03 shall
r purposes of this section and : .e concurrently with the receipt or accrual of income during the taxable year. The
given to them. r , visions shall in no way affect the determination of the amount of such taxes, the
Eans any employer except a I,,..
.e for making returns, and the time for paying such taxes. .
1, (h), (i), (1) and (m) or thou* ,. Subd. 2. Fiduciary relationship not to affect.. The liability of any taxpayer shall
�Ctions 294.21 to 294.28 or ci ., min unaffected by the fact that such taxpayer, or the title, possession: custody, or
rtrol of his business or property, is in the care of a guardian, trustee, receiver, con-
w.aror, or any other person acting in any fiduciary capacity for such taxpayer or in
le compensation" means the ' ' rrence to his business or property, unless the taxes imposed by this chapter are
25, but not limited as provi(4•-•' '"Ifically imposed by this chapter upon any such guardian, trustee, receiver, con-
as defined in subdivision 3. t wfn ator, or fiduciary.
the first $100,000 of compem ( 1933 c 405 s 4; Ex1937 c 49 s 4 ] (2394 -4)
ble year. There shall be deduct•
Le year the sum of $100,000 t, 290.05 EXENIPT INDIVIDUALS, ORGANIZATIONS, ESTATES, TRUSTS. Sub -
m 12 months and in the case <' ' a +s+on 1. The following corporations, individuals, estates, trusts, and organizations
(eduction shall be proportionatc . -.=;1 b exempted from taxation under this chapter, provided that every such person
{ cnrporation claiming exemption under this chapter, in whole or in part, must estab
t income means the taxable ++ ' to the satisfaction of the commissioner the taxable status of any income or activ-
Y for the taxable year, withotit
income taxes accrued- or paid. i= (a) National 'and state banks, except as such banks are subject to the excise tax
>rating loss deductions, and (4) `
""*Aed by sections 290.085 and 290.361
,, . , (b) Corporations, individuals, estates, and trusts engaged in the business of min -
provided 9n (h) an excise tax + „ or producing -iron ore and other ores the mining or production of which is subject
A by an employer is hereby +t +';` . the occupation tax imposed by sections 298.01 and 298.011; but if anv such corpo-
.,,,n. individual, estate, or trust engages in any other business or activity or has in
n an employer exempt under th ° ' "'e from any property riot used in such business it shall be subject to this tax com-
for the taxable s ear of $0 or le" ^ ,I on the net income from such property or such other business or activity .
gad of two mills. It is specificali alts (as defined in section 299.02) shall not be considered as income from the bust
290.031. 290.921, and 290.922 r ' '`s of mining or producing iron ore within the meaning of this section;
a pay two mills on each dollar +'' (c) Farmers' mutual insurance companies organized and existing under the laws
+ the state and credit unions organized under chapter 52;
(d) Fraternal beneficiar associations wherever organized, and public department
1X Subdivision 1. There is here ~
'f associations of public employees of this state or of any of its political subdivi-
r'
For a taxable year of a taxpacc r '
respect to any distribution rece+ '" (e) Cooperative or mutual rural telephone associations; and cooperative associa-
istrtbution tinder section 40 organized under the provisions of Laws 1923, Chapter 326, as amended, which
trough December 31, 1974, and t' ` "rigaged in the transmission and distribution of electrical heat, light or power
on 402(e) of the internal Reventle " a mutual and cooperative plan in areas outside the corporate limits of any city;
4.
t +f any such cooperative association engages in supplying electrical heat, light or
A
290.05 INCOME AND EXCISE TAXES
power to consumers within the corporate limits of any city, then such ,..,tutted to participate, directly or
shall be subject to this tax computed on that portion of its net income ut_, , ,.>h�cion'or otherwise, beyond tt
receipts from consumers within such corporate limits bears to its total
t�r��, • ,,•,ttbers thereof; nor shall enema
(f) Labor, agricultural, and horticultural organizations, no part of th, ; :,c cumulated and maintained Is
rve for any necessary purpose;
of which inures to the benefit of any private member, stockholder, or indu> 1.
s .1.ttions organized for the exctu
(g) Farmers', fruit growers', or like associations organized and opf > , therefrom, and turning ove
operative basis (a) for the purpose of processing or marketing the prodda ., 1S1 t z 3tion which itself is exempt
bers or other producers, and turning back to them the proceeds of sales, i..1 essary expenses, on the basis of either the quantity or the value of it ;t.try employees' beneficiary ai
furnished by them, or (b) for the purpose of purchasing supplies and ry,. ; 3rnt, or other benefits to the t
the use of members or other persons, and turning over such supplies and ,. part of their net earnings inur+
to them at actual cost, plus necessary expenses; exemption shall not lx ntv private shareholder or indi
such association because it has capital stock, if the dividend rate of sl, . ;,,) Corporations, individuals,
fixed at not to exceed the legal rate of interest in the state of incorpor ,• `.; 1, r te rovisions of subdivisii
percent per annum, whichever is greater, on the value of the consideratuor he p
, ; i „r information as to the
the stock was issued, and if substantially all such stock (other than non , , .1 ended through Uecei
ferred stock, the owners of which are not entitled or permitted to partictlL.;, ;s am
k -
or indirectly, in the protits of the association, upon dissolution or othem,, corporations, individuals, esl
the fixed dividends) is owned by producers who process or market their . *tu.sioner of revenue a copy of
purchase their supplies and equipment through the association; nor shall ... Internal Revenue service, nth
be denied any such association because there is accumulated and maintavel nat Revenue Service.
reserve required by state law or a reasonable reserve for any necessary pt. ;, ,,,n required to file a copy of t
an association may market et the roducts of non-members file such ret+
P embers m an amount tt� :. � r,<, «•iilfully fails to f
which does not exceed the value of the products marketed for members, an event that the Internal,Reve
chase supplies and equipment for non- members in an amount the value of,.,; e
,. of any corporation, indivi
not exceed the value of the supplies and equipment purchased for member4 . ,t it s
,, of this subdivision, such co
the value of the purchases made for persons who are neither members n(4 ;r ' ,;. j n:,tift the comtrussioner in -4
does not exceed 15 percent of the value of all its purchases; business dry ;,,.trom the Internal Revenue
United States or any of its agencies shall be disregarded in determining ttr t {t� s 5; rr1937 c 49 s 5; 193
exemption under this clause; , 1; 1943 c 656 s 27; 1947 c'6
(h) Corporations operating or conducting public burying grounds, puK,, ”? r 769 s 2; 1.971 c 802 s 1; P
houses, public hospitals, academies, colleges, universities, seminaries ce 3: 1973 c 711 s 3; 1975 c 3
churches, houses of worship, and institutions of purely public charity, no t}
net income of which inures to the benefit of any private member, stockholtsr .- RATES OF TAX; CREDITS
vidual;
i a ,tnfns. The privilege and incon
(i) Any corporation, fund, foundation, trust or association organized ' + ) i h•.* computed by applying ti
sivef scientific, liters tsallowed under section 29
J literary, religious, charitable, educational, or artistic pure , corporation required to fit
the purpose of making contributions to or for the use of the United States of , • ,
the state of Minnesota or any of its political subdivisions for exclusively c* Repealed, Ex1971 c 31 art i
poses, or for any combination of the above enumerated purposes, if no part '.' Repealed, Ex1967 c 32 art
income of any such corporation, fund, foundation, trust or association tnt - Rates; individuals, estates
benefit of any private member, stockholder, or individual; ; brr 31, 1970, and prior to
(j) Business- leagues and commercial clubs, not organized for profit a,,, - ,;,rm individuals, estates,
of the net income of which inures to the benefit of any private member, Q•.• tk computed by appiy7ng
or individual; allowed by section 290.2
(k) Clubs organized and operated exclusively for pleasure, recreauu+r • , tirst $500, one and fifty -fil
non - profitable purposes, no part of the net income of which inures to the '* , rcond $500, two and one
any private member, stockholder, or individual;
1 Any co r.< xt $1.000, three and tw
O corporation all the stock of which is owned by the L'nitc�3
which may be exempt from a state franchise or income tax by federal law. n ., x t $1,000, five and four
(m) The United States of America, the state of Minnesota or any pr l - . -At $1,000, six and sixty
vision of either agencies or instrumentalities, whether engaged in the r.•vt $1,000, seven and nii
governmental or proprietary functions; $2,000, nine and one
(n) Corporations organized by an association exempt under the pr" r:,•,t 52,000, ten and twee
clause (g), or members thereof, for the purpose of financing the ordinan
[ions of such members or other producers, and operated in conjunction W '' ':°at S3,500, eleven and f4
sociation, exemption shall not be denied any such corporation because it { ` e. .•r S12.500, and not 0v9
stock, if the dividend ,rate of such stock is fixed at not to exceed the leg-1 r +:netnder, thirteen and
terest in the state of incorporation or eight percent per annum, whiche% '
on the value of the consideration for which the stock was issued, and if t , `• a tax computed accor
all such stock (other than non- voting preferred stock, the owners of which '* " r tJx of am• individual to
,t
3 -
r -
INCOME AND EXCISE TAXES 290.06
sits of any city, then such as,,, r permitted to participate, directly or indirectly, in the profits of the corpora
motion of its net income which •,,,n dissolution or otherwise, beyond the fixed dividends) is owned by such as-
! limits bears to its total gross r� n, or members thereof, nor shall exemption be denied any such corporation be-
irganizations, no part of the nrt a :here is accumulated and maintained by it a reserve required by state law or a
ember, stockholder, or individt:a:
able reserve for any necessary purpose;
iations organized and operated Corporations organized for the exclusive purpose of holding title to property,
ing or marketing the products income therefrom, and turning over the entire amount thereof, less expen s
Stem the proceeds of sales, less ; • an organization which itself is exempt from the tax imposed by this chapter;
quantity or the value of the 1,: , , Voluntary employees' beneficiary associations providing for the payment of
purchasing supplies and equil rn. k, accident, or other benefits to the members of such association or their de-
ssing over such supplies and eq , ,,ts if no part of their net earnings inures (other than through such payments) to
ses; exemption shall not be der. • ;refit of any private shareholder or individual.
; if the dividend rate o f such % 2. (a) Corporations, individuals, estates, trusts or organizations claiming
h in the state of incorporation r,• , : !,on under the p rovisions of subdivision 1, clauses d
;lee value of the consideration fur P O, (f), (g), (i), (j); (k), (n),
such stock (other than non- vot ; :_ p> shall furnish information as to their exempt status under the Internal Reve-
tied or permitted to participate g de of 1954, as amended through December 31, 1974.
upon dissolution or otherwise, i - ; ^) Such corporations, individuals, estates, trusts, and organizations shall file
ho process or market their prod. :he commissioner of revenue a copy of any annual report that is required to be
gh,the association; nor shall ex•_•;: ;,ith the Internal Revenue Service, no later than 10 days after filing the same
is accumulated and maintained ' < ,tie internal Revenue Service.
reserve for any necessary purpos. f any person :required to file a copy of a federal return pursuant to the preceding
on- members in an amount the �..: - who willfully fails to file such return shall be guilty of a misdemeanor.
ts marketed for is in an amount the of and . {c) In the event that the Internal Revenue Service revokes, cancels or suspends
3ment purchased for members, pt � kernpt status of any corporation, individual, estate, trust or organization referred
who are neither members nor pr(-: l lause (a) of this subdivision, such corporation, individual, estate, trust or orga-
all its purchases; business done f> 1 m shall notify the commissioner in writing of such action within 90 days after
disregarded determining the n_ of notice from the Internal Revenue Service.
1933 c 405 s 5; x1937 c 49 s 5, 1939 c 446 s 1,2; 1941 c 109 s 1; 1941 c 550 s
43 c 643 s 1; 1943 c 656 s 27,• 1947 c 635 s 3; 1953 c 647 s 1; 1965 c 596 s 1; 1967
g public burying grounds, public s ' s 1; 1971 c 769 s 2; 1971 c 802 s 1; 1973 c 123 art 2 s 1 subd 2; 1973 c 123 art 5
s; universities, seminaries of lea 973 c 582 s 3, 1973 c 711 s 3; 1975 c 349 s 29 ] (2394 -5)
of purely public charity, no part " -
ny private member, stockholder, w 290.06 RATES OF TAX; CREDITS AGAINST TAX. Subdivision 1. Computa
,% corporations. The privilege and income taxes imposed by this chapter upon cor-
rust or association organized for ,ons shall be computed by applying to their taxable net income in excess of the
educational, or artistic purposes. _ * t -able credits allowed under section 290.21 the rate of 12 percent. The amount of
the use of the United States of Ar, § '4able by a' corporation required to file a return shall not be less than $100.
subdivisions for exclusively public Stibd. 2. [ Repealed, Ex1971 c 31 art 18 s 6 ]
tumerated purposes, if no part of tt" t auk 2a. [ Repealed, Ex1967 c 32 art 14 s 12 ]
lation, trust or association inures c
r individual; Subd• 2b. Rates; individuals, estates and trusts. (a) For the taxable year begin-
after December 31,. 1970, and prior to January 1, 1972, the incorne taxes imposed
�s „not organized for profit and n' chapter upon individuals, estates, and trusts, other than those taxable as cor-
efit of any private member, stocks )ns, shall be computed by applying to their taxable net income in excess of the
able credits allowed by section 290.2 1, the following schedule of rates:
isively for pleasure, recreation, or it O the first $500, one and fifty -five one- hundredths percent;
ncome of which inures to the ben”
4 (2 ) On the second $500, two and one - tenth percent;
Erich is owned by the United State~ ' On the next $1,000, three and twenty -five one - hundredths percent;
3�r income tax by federal law; 4) On the next $1,000, five and four - tenths percent;
rate of Minnesota or any political 3) On the next $1,000, six and sixty -five one - hundredths percent
s, whether engaged in the disch.ii- 6) On the next $1,000, seven and nine- tenths percent;
'
11 1) Oil the next $2,000, nine and one -tenth percent;
�ciation` exempt under the pro. i ' '9 On the next $2,000, ten and twenty -five one - hundredths ercent;
rse of financing the ordinary crop p
ltd operated in conjunction xyith s t ` 1 '9) On the next $3,500, eleven and four- tenths percent;
such corporation because it has t. I 10) On all over $12,500, and not over $20,000, twelve and five - tenths P ercent;
aced at not to exceed the legal rate
11) On the remainder, thirteen and five- tenths ercent.
tercent per annum, whichever is ! _' p
the stock was issued, and if suba.i" b) In lieu of a tax computed according to the rates set forth in clause (a) of this
td stock, the owners of which are ii= "ision, the tax of any individual taxpayer whose adjusted gross income for the
120
LAWS of MINNESOTA for 1978 Ch. 506_
Ch. 507 LAWS of MI
economy because of social or economic disadvantage. This disadvantage may arise from
cultural, social or economic circumstances or background, physical location if the person his place of business and for conditions of
resides or is employed in an area declared as a labor surplus area by the United States keep, possess, or Operate, or
department of commerce, or other similar cause. Permit the
licensed premises, or in any room adjoining
or any gambling device or apparatus, nor
(c) "Physically handicapped person" means a person who has suffered a substantial licensed premises or any room in the san
physical disability or dysfunction. indirectly under its control to be used as
persons except that gamblin devices may 1
(d) "Award means the granting of a contract in accordance with all applicable licensed premises and ad'oinin rooms wher
laws, regulations and rules governing competitive bidding except as hereinafter of government ursuanC to section 3. No pel
specifically modified, in any rooms constituting he lac e
g m
w
P
.. on -sale", except that persons under 18 year,
e
O "Contract" means an agreement entered into between a business entity and the perform the duties of a busboy or,dishwashi
state of Minnesota for the construction of transportation improvements. or hotel or motel serving food in rooms in
"on- sale ".
(f) "Subcontractor" means a business entity which enters into a legally binding
agreement with another business entity which is a party to a contract as defined in clause Sec. 3. Minnesota Statutes 1976, Char
(e)' read:
Approved March 16, 1978. 134916] GAMBLING DEVICES. Sub,
the terms defined in this section have the meal
CHAPTER 507- H.F.No.405 Subd 2. "Gambling devices" met
`paddlewheels or "tipboards" !Lr appAratus n
1Coded in PartF
Subd. 3. "Paddlewh 1° means a wheel
tore numbers and which -after
thorizin the o eration o - being turned o
An act relating to gambling; au
c
p f ce rtain gambling devices by �:nning chances_
licensed organizations; providing a penalty; amending Minnesota Statutes 1976, Sections
325.54, Subdivision 1; 340.14, Subdivision 2, 609.75, Subdivisions I and 3; Chapters 349, by
adding a section,• and 609, by adding a section. Subd. 4. "Tip_ board'• means a board, pla
ches
square marked off in a grid or similar
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: s o number or numbers or othersymb w
Section I. Minnesota Statutes 1976, Section 325.54, Subdivision 1, is amended to ,a Subd, 5. "Raffle means a game in whic
read: _ r>ze with the winner — del
ermined by a rand,
325.54 GAMBLING DEVICE; POSSESSION OF. Subdivision I. INTENTIONAL , Subd. 6. "Profit" means the oss receipt
POSSESSION; WILFUL KEEPING. The intentional possession or wilful keeping of a �s� the conduct of raffles, less reas_ onable sums
gambling device 'upon any licensed ;premises is cause for the revocation of any Ig ense and maintenance costs for the devices.
under which the licensed business is carried on upon the premises where the gambling
device is found, provided that possession of amblin devices commonly known as fir S io n T Nothing in this section shalt be o
"paddlewheels or "tip boards" or apparatus used in conducting raffles on the remises of — at won afc
a nonprofit organization and operate by organizations licensed for such ration to
Lo section 3 shall not be cause for revocation of a license LU Any device which is activate
p ursuant
Sec. 2. Minnesota Statutes 1976, Section 340.14, Subdivision 2, is amended to read: , , 0) Any gambling ame or device in wh
any �vaY dete b the outcome o€ a_ny
Subd. 2. RESTRICTIONS. Ever licensee shall be responsible onsi
bl
e fo
P r the conduct of
n
Suhd: 8. - county _qr c may est
Changes or additions indicated by underline deletions by swat tty�
or additions Indicated
by , t
,.-
NESOTA for 1978 Ch. 506 £h. 507 LAWS of MINNESOTA for 1978 121
disadvantage. This disadvantage may arise from his place of business and for conditions of sobriety and order therein. No licensee shall
.s or background, physical location if the person a keep, possess, or operate, or permit the keeping, possession, or operation of, on the
ed as a labor surplus area by the United States licensed premises, or in any room adjoining the licensed premises, any slot machine, dice,
r cause. or any gambling device or apparatus, nor permit any gambling therein, nor permit the
licensed premises or any room in the same, or in any adjoining building, directly or t
a means a person who has suffered a substantial indirectly under its control to be used as a resort . for prostitutes or other disorderly E
persons, extent that gambling devices may be kept or operate and raffles conducted on
licensed rep mises and adioining rooms when such activities are licensed by the local unit
of a contract in accordance with all applicable of government pursuant to section 3. No person under 18 years of age shall be employed
g competitive, bidding except as hereinafter in any rooms constituting the place in which intoxicating liquors are sold at retail
"on-sale", except that persons under 18 years of age may be employed as musicians or to
perform the duties of a busboy or dishwashing services in places defined as a restaurant
tit entered into between a business entity and the or hotel or motel serving food in rooms in which intoxicating liquors are sold at retail
if transportation improvements. "on- sale ".
1
iness entity which enters into a legally binding Sec. 3. Minnesota Statutes, 1976, Chapter 349, is amended by adding a section to
which is a party to a contract as defined in clause read:
1349161 GAMBLING DEVICES. Subdivision 1. For the purposes of this section
the terms defined in this section have the meanings ig yen them.
Subd. Z. "Gambl devices" mean those gambling devices known as
'sR 507- H.F.No.405 _ "paddlewheels" or "tipboards ", or apparatus used in conducting raffles. l
i
)led in Part] Subd. 3. "Paddlewheel" means a wheel marked off into sections containing one or l
more numbers, and which, after being turned or spun, uses a op inter or marker to indicate
)ruing the operation of certain gambling devices by winning chances.
h amending Minnesota Statutes 1976, Sections
i 2,• 609.75, Subdivisions 1 and 3; Chapters 349, by Subd. 4. "Tipboard" means a, board, placard or other device measuring at least 12
lion inches souare, marked off in a grid or similar pattern, in which each section contains a
hidden number or numbers, or other. symbol, which determines the winnin chances.
CURE OF THE STATE OF MINNESOTA:
Subd. 5. "Raffle" m_ eans a game in which a participant buys a ticket for a chance
q6, Section 325.54, Subdivision 1, is amended to at a prize with the winner determined by a random drawin
t
Subd. 6. "Profit' means the gross receipts from the operation of gambling devices s
DSSESSION OF. Subdivision L INTENTIONAL and the conduc of raffles, less reasonable sums expended for rp izes, local licensing fees,
The intentional possession or wilful keeping of a taxes and maintenance costs for the devices.
:mises is cause for the revocation of any license
arried on upon. the premises where the gambling t Subd. 7. Nothing in this section shall be construed to authorize an use, possession
tsion of gambling devices commonly known as or operation of:
ratus used in conducting raffles on the premises of
d by organizations licensed for such operation is Any gambling device which is activated by the insertion of a coin or token: or
for revocation of a license
An y gambling game or device in which the winnin numbers, tickets or chances
Section 340.14, Subdivision 2, is amended to read: are >in an way determined by the outcome of an athletic contest or op rtinQ event.
ty licensee shall be responsible for the conduct of - Subd. 8. Any county or en may establish a system for the licensing of
f
by underline deletions by stfikeeat Changes or additions indicated by underline deletions by strikeettt '
r
122' LAWS of MINNESOTA for 1978 Ch. 507 Ch. 507 LAWS of MINNE
organizations to operate gamblin devices and to conduct raffles. The system may include receipts and 1p aced in a separate account. Eaob
a fee for each license in an amount to be determined by the local governing body of its gambling operations. The_ person who a3
Licenses issued pursuant to this section shall be valid for one ear and may be suspend rp_o _ _fits from the operation of gambling devices 4
or revoked for an violation of this section. Alocal governing body shall act on a license same ep rson who accounts for other revenues of
application within 180 days from the date of application, but shall not issue a license until may be the same eperson who accounts for bin o
` at least 30 days after the date of the application. Nothing in this section shall be
construed prohibit a county or citv from adopting rules or ordinances for the .operation Each organization licensed to overate gat
of gambling devices or the conduct of raffles that are more restrictive than state Ia, . IS ppLt monthly 'to its membership, and to the lic
including rules or ordinances prohibiting the operation of such devices. receil2 is expenses and rp ofits from gambling d
- � rp� o__fits itemized as required in this subdivision.
Subd. 9. Licenses shall be issued only to a fraternal, religious, veterans or other
nonprofit organization covered by 1 cause � section 290.05, subdivision l or (k), which Records require by this section sha
organization has been in existence for at least three years and has at least 30 active organizations shall make available their records
members, as defined in section 349.12, subdivision 2. and the conduct of raffles for public inspection a
Subd. 10. Profits from the operation of gambling devices or the conduct of raffles Subd. 14. Gambling devices shall be opet
shall be used solel #or lawful purposes as defined in section 349.12, subdivision 6 and as organization only upon pre which it own authorized at a re ular meeting of the organization. conducted in accordance with this section may
authorized in another location by the local unit
Subd. 11. All operation of gamblin devices and the conduct of raffles shall be not less than one year and shall be in writing. N
under the survision of a single gambling manager designated by the organization. The be based rp o
on a percentage of recei is or fits ft
am pe
blin manager shall be responsible for gross receipts and rp ofits from gamblin all leases shall be provided to the hcensin local
devices and raffles and for their operation. The gamblin manager shall give a fidelity
bond i _ _
_ n the sum of 10000 in favor e op
eration
_ _ _ �_ _ _ of the organization conditioned on the faithful Subd. 15. Total prizes from th
erformance of his duties and the bond and e waiver w i h are o erated sh
_ _ _ th at er thereof shall be subiect to the in any stngle day m htch t ey _ p _
same provisions as those applyin to the bond required of a bingo manager pursuant to from an single spin of a paddlewheel, or from I
section 349.77 - subdivision 7. A erson may act as both gambling manager and bingo Total prises awarded in any calendar near bY
manager for a single organization, but a gambling manager for a single organization shall paddlewheels and tipboards and the conduc
not act as either a Ramblin manager or bingo manager for -an other organization. A # Merchandise prizes shall be valued at fair marke
gambling manager for an organization shall be an active member of the organization, as
defined in section 349.12, subdivision 2. Subd. 16. Violation of an provision
subdivision shall not rep elude civil or cnmin;
Subd. 12. No compensation shall be paid to an person in connection with the preclude an agency of government from inve
operation of a gambling device or the conduct of a raffle by a licensed organization. No provisions of this section.
Person who is not an active member of an organization, or its auxiliary or the spouse or
survivine spouse of an active member may participate in the organization's operation of a Sec 4. Minnesota Statutes 1976, Section 6
gambling device or conduct of a raffle.
609.75 GAMBLING; DEFINITIONS. S
Subd. 13. Each organization licensed to operate gambling devices shall keep plan designed €ef of resultin itt airy fie
records of its gross receipts, expenses and pEgfiLs for each single gathering or occasion at seems; and which provides for the distributiot
which Qambiine devices are operated or a raffle is conducted. All deductions from gross benefit to persons selected by chance from amo
receipts for each single gathering or occasion shall be documented with receipts or other given a consideration for the chance of being rA
records indicating the amount, a description of the purchased item or service or other a lottery conducted outside of this state are in
reason for the deduction, and the recipient. The distribution of rofits shall be itemized as conducted.
Lo Payee, p urpose , amount and date of payment.
Sec. 5. Minnesota Statutes 1976, Section t
Gross receipts from the operation of gambling devices and the conduct of raffles
shall be segregated from other revenues of the organization, including bin o gross Subd. 3. WHAT ARE NOT BETS. The f,
Changes or . additions indicated by underline deletions by sifikesut Changes or additions indicated by
ESOTA for 1978 Ch. 507 Ch. 507 LAWS of MINNESOTA for 1978 123
Emd to conduct raffles. The system may include 1 receipts, and Sp aced in a se arate account. Each organization shall have separate records i
be determined by the local governing body. of its gamblin operations. The ep rson who accounts for gross receipts expenses and
0 be valid for one Year, and may be suspended rp.ofits from the operation of gambling devices or the conduct of raffles shall not be the
A local governing body shall act on a license same ep_ rson who accounts for other revenues of the organization, except that such ep rson y
if application, but shall not issue a license until may he the same ep rson who accounts for bin o gross receipts expenses and profits . €
application. Nothin in this section shall be
_ adopting rules or ordinances for the operation Each organization licensed to operate gamblin devices or to conduct raffles shall
€€fes that are more restrictive than state law, report monthly to its membership, and to the licensin local unit of government, its gross
e operation of such devices. receipts, , expenses and rp ofits from gambling devices or raffles, and the distribution of
rP ofits as required in this subdivision.
nly to a fraternal, religious, veterans or other
290.05, subdivision 1 clause QQ or (�j which Records re wired by this section shall be preserved for three Years, and
least three years and has at least 30 active organizations shall make available their records relating to operation of gambling devices
livision 2." and the conduct of raffles for public inspection at reasonable times and 1pace
L of gambling devices or the conduct of raffles Subd. 14. Gambling devices shall be operated and raffles conducted by a licensed
defined in section 349.12, subdivision 6 and as organization only upon rep_ miser which it owns or leases except that tickets for raffles
nization. conducted in accordance with this section may be sold off the premises. Leases, unless
authorized in another location by the local unit of government, shall be for a ep rind of
Z_ devices and the conduct of raffles shall be not less than one year and shall be in writing. No lease shall provi de that rental payments
G manager designated by the organization. The be based on a percentage of receipts or rp ofits from gambling devices or raffles. C opies of
or gross receipts and rp ofits from gambling all leases shall be provided to the licensing local unit of government.
rt. The gambling manager shall give a fidelit
the organization conditioned on the faithful Subd. L5 prizes from the operation of paddlewheels and tipboards awarded
and the waiver thereof shall be subject to the in an single day in which they are operated shall not exceed $500. Total prizes resulting
sond` of a bin o manage pursuant to from any 9R& spin of a paddlewheel, or from an sin le tipboard, shall not exceed $100.
my act as both gambling manager and bin o Total prizes awarded in an calendar year by an organization from the operation of
tniblin manager for a single organization shall, Paddlewheels and tipboards and the conduct of raffles shall not exceed $15,000.
bineo manage for an other organization. A Merchandise rp izes shall be valued at fair market retail value.
.11 be an active member of the organization, as
Subd. 16. Violation of an provision of this section is a misdemeanor. This
subdivision shall not rep clude civil or criminal action under other applicable law or
xe paid to an ep rson in connection with the preclude an agency of government from investigating or prosecuting violations of the
duct of a raffle by a licensed organization. No Ptovisions of this section:
organization, or its auxiliary, or the souse or
participate in the organization's operation of a Sec 4. Minnesota Statutes 1976, Section 609.75, Subdivision 1, is amended to read:
609.75 GAMBLING; DEFINITIONS. Subdivision 1. LOTTERY. A lottery is a
iced to overate gambling devices shall keep plan designed fef of festdtin in airy pfi peeeniafy gatn to the spettsers of their-
rp ofits for each single gathering or occasion at agents, a-rtd which provides for the distribution of money, property or other reward or
raffle is conducted. All deductions from gross benefit to persons selected by chance from among participants some or all of whom have i
icon shall be documented with receipts or other given a consideration for the chance of being selected. Acts in this state in furtherance of ,
ion of the purchased item or service or other a lottery conducted outside of this state are included notwithstanding its validity where
The distribution of rp ofits shall be itemized as conducted.
ment.
Sec. 5. Minnesota Statutes 1976, Section 609.75, Subdivision 3, is amended to read:
A gambling devices and the conduct of raffles
s of the organization including bingo gross Subd. 3. WHAT ARE NOT BETS.-The following are not bets:
by underline deletions by . str Changes or additions Indicated by underline deletions by stfi#eeut
PIMP
t
124 LAWS of MINNESOTA for 1978 Ch. 507 ii+. 508 LAWS of MINNESOTA
(1) A contract to insure, indemnify, guarantee or otherwise compensate another for , °; t.irth is to be ig yen preference, encouragement a
a harm or loss sustained, even thou gh the loss de u it being in the best interests of the well being
depends pop chance, t _._,�.., _
(2) A contract for the purchase or sale at a future date of securities or other
commodities. Sec. 2. Minnesota Statutes 1976, Section 2568.I
:cxd:
(3) Offers of purses, prizes or premiums to the actual contestants in any bona tide
contest for the determination of skill, speed, strength, endurance, or quality or to the bore Subd. 8. "Medical assistance" or "medical care"
fide owners of animals or other property entered in such a contest. a .. of the following care and services for eligib
- •c.,•�ree� are insufficient to meet all of such cost:
(4) The game of bingo when conducted in compliance with sections 349.11 to
349.23. t l) Inpatient hospital services.
(5) A private social bet not part of or incidental to organized, commercialized, of (?) Skilled nursing home services.
systematic gambling.
( 3) Physicians' services.
The operation of a gambling device or the conduct of a raffle as define
section 3 by an organization licensed for such operation by a local unit of government 141 Outpatient hospital or clinic services.
p ursuant to section 3.
(5) home health care services.
Sec. 6. Minnesota Statutes 1976, Chapter 609, is amended by adding a section to
read: t61 Private duty nursing services.
1609.7611 OPERATION PERMITTED. Notwithstanding sections 609.755 and T (7) Physical therapy and related services.
609.76, a fraternal, religious, veterans or other nonprofit organization may set
UP or f
operate a gambling device or , conduct a raffle as defined in section 3 if licensed by the (8) Dental services.
local unit of government and conducted pursuant to section 3 and a ep rson may
manufacture, sell or offer for sale a amblin device to the organization. (9) Laboratory and x -ray services. `
Became law without the governor's signature on March 18, 1978, t 0) The following if prescribed by a license<
;,:vs. and prosthetic devices.
CHAPTER 508- S.F.No.2236 11 Diagnostic, screening, and preventive servicea
]Coded in Part] 112) Health care pre- payment plan premiums
to a vendor and supplementary medical insuraa
An act relating to abortion; declaring a state policy on abortion and childbirth and the " %til Security Act.
medical assistance funding thereof appropriating money,- amending Minnesota Statutes 1976
Sections 256B.01, Subdivision 8, 393.07, by adding a subdivision; Chapters 256B, by adding ` 11 Abortion services, but only if one of the follo
sections; and 261, by adding a section.
,4 The abortion is a medical necessity. "Medics
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1 *4�e tent of two physicians indicating the at
c dcath of the mother. and JQ the patient has
Section 1. Minnesota Statutes 1976, Chapter 256B, is amended by adding a section c':rss the p atient is physically or legate
to read: T- e procedure, in which case consent will b
1256B.0111 POLICY FOR CHILDBIRTH AND ABORTION FUNDING. Betwee*
normal childbirth and abortion it is the p2ha of the state of Minnesota that norm2' the pregnancy is the result of criminal sexy
a _
t ft " or additions indicated by underli
Changes or additions indicated by ; underline deletions by stiFileeea
CITY OF BROOKLYN CENTER
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTERS 15 AND 35 OF THE
CITY ORDINANCES RELATIVE TO OUTLOTS
THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS:
Section 1. Section 15 -103 of the City Ordinances is hereby amended in
part by the addition of the following:
(y) "Outlot" is a parcel of land included in a plat which is
smaller than the minimum size permitted and which is 'thereby
declared unbuildable until combined with additional land; or a
parcel of land which is included in a plat and which is more
than double the minimum size and which is thereby subject to
future subdivision; or a parcel of land designated as a private
roadway in a townhouse development plat.
Section 2. Section 35 -900 of the City Ordinances is hereby amended
in part by the addition of the following:
Ou -'A parcel of land included in a plat which is smaller than the
minimum size permitted and which is thereby declared unbuildable
until com with additional land; or a parcel of land which is
included in a plat and which is more than double the minimum size
_ v' s ion parcel of • or a
ebt subject 'to future sub p
and which is �t her� 7
land designated as a private roadway in a 'townhouse development plat.
Section 3. This ordinance shall become effective after adoption and
upon thirty (30) days following its legal publication.
Adopted this day of 19`
Mayor
ATTEST:
Clerk
Date of Publication
Effective Date
(Underline indicates new matter . )
L_
CITY OF BROOKLYN CENTER
ORDINANCE NO.
AN ORDINANCE VACATING TURN- AROUND EASEMENTS EXISTING
ON LOTS 2 AND 3, BLOCK 1, AND LOTS 1 AND 2, BLOCK 2
GREGOR'S ADDITION
THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS
FOLLOWS:
Section 1. The turn- around easements existing on Lots 2 and 3,
Block 1, and Lots 1 and 2, Block 2 Gregor's Addition, below described
are hereby vacated as turn- around easements:
"The southerly 25 feet of Lot 3 and of the easterly 15 feet of Lot 2
Block 1, Gregor's Addition, according to the plat of record thereof,
files of - the Registrar of Titles, County of Hennepin, State of
Minnesota
and
The northerly 25 feet of 1 and 2 and of - the easterly 15 feet of
Lot 1, Block 2, Gregor's Addition, according 'to the plat of record
thereof t files of - th e Regist of Titles, County of Hennepin, State
of Minnesota."
Section 2. This ordinance shall be effective after adoption and
- thirty (30) days following its legal publication.
Adopted - this day of 19
Mayor -
ATTEST:
Clerk
Published in the official newspaper
Effective date
(Underline indicates new mat-ter.)
Licenses to be approved by the City Council on November 13, 1978
GARBAGE AND REFUSE COLLECTION VEHICLE LICENSE
Tarco of Minnesota, Inc. (MCS) 10041 Polk Street N.E.
(fourth truck) Sanitarian
SIGN HANGER'S LICENSE
4 Signcrafter's Outdoor Display, Inc. 7775 Main St. N.E.
Building Inspector
I,