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Home My WebLink About99-03 ORDINANCE NO. 99-03 CITY OF PRIOR LAKE SCOTT COUNTY, MINNESOTA AN ORDINANCE AMENDING TITLE 3, SECTION 8 OF THE PRIOR LAKE CITY CODE CONCERNING LAWFUL GAMBLING THE CITY COUNCIL OF THE CITY OF PRIOR LAKE ORDAINS: SECTION 1. The Prior Lake City Code, Title 3, Section 8, is amended in its entirety to read: LAWFUL GAMBLING 3-8-1. Pur.pose. Minnesota Statute Chapter 349 provides for and regulates the conduct of lawful gambling. Pursuant to its provisions the City may altogether prohibit lawful gambling within the boundaries of its jurisdiction or the City may provide for more stringent local regulations pertaining to lawful gambling. The City recognizes that the proceeds organizations derive from their lawful gambling activities can provide a benefit to the City and its residents. The City also recognizes that excessive expenditure of personal resources on lawful gambling can have a deleterious effect on individuals and families. It is the purpose of this Section to regulate lawful gambling activities within the City. Minnesota Statute Chapter 349 is incorporated by reference and its provisions are intended to supplement the regulations contained in this Section 8. 3-8-2. Definitions. As used in this section, the terms defined in Minnesota Chapter 349.12 are incorporated by reference unless otherwise provided for herein. As used in this Section, the defmition of "organization" varies from the statutory definition. A. Board. "Board" means the Minnesota Gambling Control Board. B. Civil Celebration. "Civic Celebration" means an event which celebrates a recognized national holiday or an occasion celebrating an event proclaimed by the Prior Lake City Council. 70371 70371 C. Lawful Gambling. "Lawful Gambling" means the operation, conduct or sale of bingo, raffles, paddlewheels, tip boards and pulltabs. D. Organization. "Organization" means any fraternal, religious, veterans or other nonprofit group which has at least 25 active dues paying members and either has been duly incorporated in Minnesota as a nonprofit organization for the most recent five (5) years or has been recognized by the Internal Revenue Service as exempt from income taxation for the most recent three (3) years, as defined in Minnesota Statutes Chapter 349. E. Or~anizational License. "Organizational license" ("license") means a license for lawful gambling issued by the Board. F. Bingo Occasion. "Bingo occasion" means a single gathering or session at which a series of one or more successive bingo games are played. G. Premises Permit. "Premises permit" means a permit issued by the Board to an organization as defined in this Section, after approval of a resolution by the City Council. A premises permit shall designate the location of an organization's lawful gambling activities. H. Class of License. "Class of License" means a Class A, B, C or D license issued by the Board as authorized under Minnesota Statutes Chapter 349. 1. A Class A license authorizes all forms of lawful gambling; 2. A Class B license authorizes all forms of lawful gambling except bingo; 3. A Class C license authorizes bingo only; and 4. A Class D license authorizes raffles only. I. Raffle. "Raffle" means a game in which a participant buys a ticket for a chance at a prize with the winner determined by a random drawing to take place at a location and date printed on the ticket. J. Temoorary Gambling Certificate. Temporary Gambling Certificate mean A certificate issued to an organization that is qualified to conduct lawful gambling without a premises permit and who receives an exemption identification number from the Board. 2 3-8-3. Gambling Prohibited: Exemotion. A. Gamblin!! Prohibited. No person except an organization which has a premises permit from the Board pursuant to Minnesota Statutes Chapter 349 or an organization that falls within one of the exemptions set forth in subsection (b), shall conduct lawful gambling within the City. B. Exemption. The following activities are exempt from the lawful gambling requirements: 1. Lawful gambling. (a) Lawful gambling may be conducted without a premises permit if the organization conducts gambling on five (5) or fewer days in a calendar year, does not award more than $50,000.00 in prizes in a calendar year and receives an exemption identification number from the Board. (b) The organization must notify the City thirty (30) days before the lawful gambling occasion. Upon notification to the City and payment of the fee set forth in the City fee schedule, the City shall provide the exempt organization with a notification acknowledgement in the form of a temporary gambling certificate. (c) The temporary gambling certificate shall be issued by the City Manager or an individual designated by the City Manager. 2. Bin!!o. (a) Bingo may be conducted without a premises permit if it is in connection with a civic celebration and if it is not conducted for more than four (4) consecutive days in a calendar year. (b) Bingo may be conducted without a premises permit if it is conducted by an organization which conducts four (4) or fewer bingo occasions in a calendar year. (c) Bingo may be conducted without a premises permit within a nursing home, senior citizens housing project or by a senior citizen organization if the prizes for a single game do not exceed $10.00, total prizes awarded at a single bingo occasion do not exceed 70371 3 $200.00, no more than two (2) bingo occasions are held by the organization or at the facility each week, only members or residents are allowed to play in a bingo game, no compensation is paid to the persons who conduct bingo and a manager is appointed who must first register with the Board. 3. Raffles. (a) Raffle may be conducted without a premises permit if it is conducted by an organization and if the value of all raffle prizes awarded in a calendar year does not exceed $750.00. (b) Raffles may be conducted by a tax-exempt health or social service organization under contract to the state or a political subdivision if the prizes awarded are real or personal property donated by an individual, firm or other organizations. 3-8-4. Premises Permit. A. Premises Permit. A licensed organization shall not conduct lawful gambling at any location within the City unless it has first obtained from the Board a premises permit. Applications for premises permits shall be on forms prescribed by the Board. The application, at a minimum, shall contain the following: I. The name and address of the applying organization and of the organization's gambling manager and employees; 2. A description of the site for which the license and permit are sought, including its address and, where applicable, its placement within another premises or establishment; 3. If the site is leased, the name and address of the lessor and such information about the lease as the City may require, including all rents and other charges for the use 'of the site; and 4. Other information the City deems necessary to carry out the purposes of this Section. 70371 4 5. Payment of the fee for a premises permit resolution as setforth in the City Fee Schedule. B. Notice. The Board shall notify the City Council of a pending application for a premises permit. The applicant shall cooperate fully with the City officials in supplying all information provided for in this Section or as requested. The City Council shall then determine whether the organization meets all the criteria provided for in Section 3-8-6 necessary to approve a premises permit. C. Aporoval or Denial. Each pending application for a premises permit shall be approved or denied by a resolution of the City Council within sixty (60) days of receipt of a completed application. It is within the sole discretion of the City to determine whether an application is complete. D. Notification of Changes. An organization holding a premises permit must notify the City in WTiting within ten (10) days whenever any material change is made in the above information. Said information shall be forwarded to the Police Chief. 3-8-5. City Investigation Fee. A. Organizations applying for or renewing a premises permits shall pay an investigation fee of$lOO.OO. This fee shall accompany the application, and it shall reimburse the City for its cost incident to conducting a background investigation of the organization, its employees and the location from which the organization intends to operate. B. The Police and Inspections Departments shall investigate each applicant and report their findings and recommendations to the City Council through the City Manager. 3-8-6. Criteria for Premises Permits. A. Location. All organizations applying for a premises permit must meet the criteria set forth herein relating to location of lawful gambling activities. Lawful gambling in the City may be conducted only at the following locations: 70371 5 1. In the licensed organization's hall where it conducts its regular meetings; or 2. In a licensed on-sale liquor, wine and beer establishments. B. Other Criteria. I. No location within the City may have more than one premises permit approved. C. Exemptions. Class D (raffle only) premises permits when required are exempt from the location restrictions prescribed in this Section. 3-8-7. Penalties. It shall be a misdemeanor to carry on any unlawful gambling activity with a valid premises permit. Each day shall constitute a new violation. Nothing in this Section shall preclude the City from enforcing this ordinance by means of any appropriate legal action. 3-8-8. Enforcement Responsibility. Nothing in this ordinance shall be construed to require the City to undertake any responsibility for enforcing compliance with Minnesota Statutes Chapter 349 other than those provisions related to the issuance of premises permits. 3-8-9. Severabilitv. If any section, paragraph or clause contained in this ordinance is found to be invalid for any reason whatsoever by a court of competent jurisdiction, the validity of the remainder shall not be affected. THIS ORDINANCE SHALL BE EFFECTIVE FOLLOWING PASSAGE AND PUBLICATION. 70371 6 ADOPTED this 1st day of March City of Prior Lake. , 1999, by the City Council of the CITY OF PRIOR LAKE By: _1AJe.,~ J1A, ~ Wesle M. Mader, Mayor 70371 7 ORDINANCE NO. 99-03 CITY OF PRIOR LAKE SCOTT COUNTY, MINNESOTA AN ORDINANCE AMENDING TITLE 3, SECTION 8 OF TIlE PRIOR LAKE CITY CODE CONCERNING LAWFUL GAMBUNG '. lHE CITY COUNCIL ,OF THE CITY OF PRIOR LAKE ORDAINS: SECrION . 1. The Pri", Lake City Code, Title 3, Section 8, is amended in its, entirety to read: LAWFUL ,GAMBLING .' .~,::8-1. . .e,~PQse. , Minneso,bl ,Statute Chapter349 provides for anllregulales the conductoflawfnlgambling. Pursuantto its provisions the City may altogether pro- hibitlawful gambling within the bound- aries of its jurisdiction or the City may provide for more stringenlloca1 regula~ tions pertaining to lawful gambling. The City recognizes !hat !he proceeds organi- zations derive from their lawful gambling activities can provide a benefit to the City and its residents. The City also recognizes that excessive expenditure of personalre- sources on lawful gambling can have a deleterious effecton individuaJsanllfami- lies. It is the purpose of this Section to regulatelawfnlgambling activities within the City. Minnesota Statute Chapter 349 i~ incor~ated by reference and its provi- m es pemu MUS mee e. criteria setforth herein relating to'location oflawfulgambling activities. Lawfnlgam- bling in the City may be conducted only at the following locations: ' , I. In the licensed organization's hall f . where it conducts its regular meetings; or 2.In alicensedon-saleliquor, wineand beer establishments. B. Other Criteria. 1. No location within the City may. have more than ooe premises permitap, proved. C. Exemptions. Class D (raffle only) premises permits when required are ex- I emptfrom the location restrictioDS in this ! \l:'~_7. Penal;L. It shall be" ~' . g',=;;.n<T &yunlawfulgambling ac vilywith a valid premises permit. Each day shallco~tib1teanewviolation. Noth- ing in this Section shall preclude the Ci/y from enforcing this ordinancehymeans Of any appropriate legal action. ' I 3-8-8. Enforcement Responsibilily. ' Nothing in this ordinance shall be con- i strued torequire!he City to undertJke an~ responsibility fur enforcing compliance withMinnesotaSlab1tes Chapter349 other than those provisions related to the issu- 'I ance of !remises permits. I 3-8,9. Sev~ility. If any ~n, . paragraph or cll\lll"containedin this ordi- nallceisfound!p b~lIJvalidforanyreason whatsoever by a cOurl of c:ompetentjuris- dictioo, the va1idityoftheremaincler shall not be afIected. . . THIS ORDINANCE SHALL BE EFFECIIVE FOLLOWING PASSAGE I AND PUBUCAnON. ~ ADOPTEP this Istllay of Mcch, I~, by the City Council of the City of Prior Lake. CITY OF PRIOR LAKE " By: Weo1ey M. M. ' . Wesley M. Mader, Mayor A~ST: . ',,;....;"',};i-v;;"; Frank Boyles. ,....i,jffi~./ '~"r"i, Frank Boyles, City Manager .; .,..... .\. . (PubJished in the,Prior LabAmeili:8D 00 Saturday, Mirch 6, 1999; No. 3655) if.\' Affidavit of Publication Southwest Suburban Publishing State of Minnesota) )SS. County of Scott ) Stan Rolfsrud, being duly sworn, on oath says that he is the publisher or the authorized agent of the publisher of the newspapers known as the Shakopee Valley News, Jordan Independent, Prior Lake American and Savage Pacer, and has full knowledge of the facts herein stated as follows: (A) These newspapers have complied with the requirements constituting qualification as a legal newspaper, as provided by Minnesota Statute 331A.02, 33IA.07, and other applicable laws, as amended. (8) The printed public notice that is attached to this Affidavit and identified as Net. .fh~ was published on the date or dates and in the newspaper stated in the attached Notice and said Notice is hereby incorporated as part of this Affidavit. Said notice was cut from the columns of the newspaper specified. Printed below is a copy of the lower case alphabet from A to Z. both inclusive, and is hereby acknowledged as being the kind a ize of type used in the composition and publication of the Notice: an Rolfsrud~ General anager or his designated agent Subscribed and sworn before me on this &,t(:day ofJl1l'~ ,1999 GWEN M. RADUENZ NOTARY PU13l1C-MINNESOTA MY COMMISSION EXPIRES 1-31-00 ffi:~~/ Notary Public , RATE INFORMATION Lowest classified rate paid by commercial users for comparable space.... $11.50 per column inch Maximum rate allowed by law for the above matter................................. $11.50 per column inch Rate actually charged for the above matter.............................................. $8.78 per column inch