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Home My WebLink About305: Gambling Business Regulations City of Prior Lake 305/p1 SECTION 305 LAWFUL GAMBLING SUBSECTIONS: 305.100: PURPOSE 305.200: DEFINITIONS 305.300: GAMBLING PROHIBITED; EXEMPTIONS 305.400: PREMISES PERMIT 305.500: BACKGROUND CHECKS 305.600 CITY INVESTIGATION FEE 305.700: CRITERIA FOR PREMISES PERMITS 305.800: PENALTIES 305.900: ENFORCEMENT RESPONSIBILITY 305.1000: SEVERABILITY 305.100: PURPOSE: Minnesota Statutes 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 Statutes Chapter 349 is incorporated by reference and its provisions are intended to supplement the regulations contained in this Section. 305.200: DEFINITIONS: The definitions in Minn. Stat. Sec. 349.12 are incorporated in this Section by reference. 305.300: LAWFUL GAMBLING: There shall be no gambling in the City except as authorized pursuant to the provisions of Minn. Stat. Chap. 349, the rules adopted pursuant to said Chapter, this Section of the City Code and all applicable federal laws and regulations. No person may conduct gambling within the City, without first either: (i) securing a gambling license and a premises permit from the Minnesota Gambling Control Board (“Board”), with a resolution from the City Council approving the premises permit; or (ii) securing an exempt or excluded permit from the Board with approval from the City Clerk. City of Prior Lake 305/p2 305.400: PREMISES PERMITS: In order to obtain City Council approval of a premises permit, an organization shall file an application with the City Clerk. The application shall include all of the following: (i) an executed, complete duplicate of the application filed with the Board, including all exhibits and accompanying documents; (ii) any additional information requested by the City; and (iii) the application fee set forth in the City Fee Schedule. The application shall be filed with the City Clerk no later than 3 days after the application for the premises permit has been filed with the Board. 305.401 Background Check: In order to protect the health, safety and welfare of the public, the Prior Lake Police Department is authorized to conduct a criminal history background investigation and/or driver’s license check on all persons who have applied for a premises permit. The results of the criminal history background investigation and/or driver’s license check may be cause for denial of the license at the sole discretion of the City. (Ord. Amd. 111-01, publ 1/1/11) 305.402 City Investigation Fee: Organizations applying for a premises permit shall pay an investigation fee of $100.00. This fee shall accompany the application and shall reimburse the City for its costs incident to investigation, inspection and enforcement related to the premises permit. 305.403 Organization Criteria: No premises permit shall be approved by the City unless the organization qualifies under Minn. Stat. Sec. 349.16, Subd. 2; the organization has at least 25 active dues-paying members; and the organization has either 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, 305.404 Premises Criteria: The City shall approve a premises permit only for the organization’s hall where it conducts its regular meetings, or for a licensed on-sale liquor, wine and/or beer establishment. No location within the City may have more than one premises permit approved. No premises permit shall be approved by the City unless the premises complies with the applicable zoning, building, fire and health codes of the City. 305.405 Approval 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. 305.406 Notification of Changes. An organization holding a premises permit must notify the City in writing within ten (10) days whenever any material change is made in the information provided with the application.. Said information shall be forwarded to the Police Chief. City of Prior Lake 305/p3 305.500: EXEMPT OR EXCLUDED PERMIT: In order to obtain City Clerk approval of an exempt or excluded permit, an organization shall file an application with the City Clerk. The application shall include all of the following: (i) an executed, complete duplicate of the application filed with the Board, including all exhibits and accompanying documents; (ii) any additional information requested by the City; and (iii) the application fee set forth in the City Fee Schedule. The application shall be filed with the City Clerk no later than 3 days after the application for the exempt or excluded permit has been filed with the Board. 305.501 Approval or Denial. Each pending application for an exempt or excluded permit shall be approved or denied by the City Clerk within fifteen (15) days of receipt of a completed application. It is within the sole discretion of the City to determine whether an application is complete. 305.502 Notification of Changes. An organization holding an exempt or excluded permit must notify the City in writing within ten (10) days whenever any material change is made in the information provided with the application. Said information shall be forwarded to the Police Chief. 305.600: INSPECTION: All gambling within the City occurring subject to a premises, exempt or excluded permit shall be open to the inspection of the City and the County sheriff’s department. The City or County sheriff’s department may inspect, at any reasonable time without notice or a search warrant, the premises and/or all records of a licensed organization required to be maintained by the Board. 305.700: PENALTIES: It shall be a misdemeanor to carry on any gambling activity in violation of this Section. Each day shall constitute a new violation. Nothing in this Section shall preclude the City from enforcing this Section by means of any appropriate legal action. Additionally, a violation of this Section shall be reported to the Board and a recommendation shall be made for suspension, revocation or cancellation of an organization's license or permit. 305.800: ENFORCEMENT RESPONSIBILITY: Nothing in this Section 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 as required by Minn. Stat. § 349.213, as may be amended from time to time. 305.900: SEVERABILITY: If any subsection, paragraph or clause contained in this Section is found to be invalid for any reason whatsoever by a court of competent jurisdiction, the validity of the remainder shall not be affected. (Ord. Amd. 119-06, publ. 06/08/19) (This Space Intentionally Blank For Future Amendments)