HomeMy WebLinkAbout6 - Gambling Permit for O'Malley's On Main
AGENDA ITEM:
PREPARED BY:
SUBJECT:
DATE:
INTRODUCTION:
DISCUSSION:
6
FRANK BOYLES, CITY MANAGER
CONSIDER KNIGHTS OF COLUMBUS #4914 REQUEST FOR
PREMISE PERMIT TO CONDUCT A PULLTAB GAMBLING
OPERATION AT O'MALLEY'S ON MAIN
APRIL 5, 1993
A premise permit for pulltab gambling has been
submitted by the Knights of Columbus #49l4, 573l
Birchwood Avenue N.E., Prior Lake, Minnesota
from Tom Vogel, Grand Knight. The address given
is the home address of their Treasurer. This is
a new application for the Knights of Columbus.
Prior Lake City Code provides that in order
receive a gambling permit, an organization
conform with state statute, as well as
Code, specifically including the following:
to
must
City
1. The organization must be a fraternal,
religious, veterans or other non-profit
organization which has been in existence
for three years.
2. There must be at least fifteen active
members in the organization.
3. The principal location or office must be
within the City.
In support of their application, the Knights of
Columbus have submitted a statement from Prior
Lake State Bank indicating that the Knights of
Columbus has had an account opened with the bank
since October l, 1972, confirming the existence
of their organization for at least three years.
They have also submitted a membership list
July 23, 1992 which identify l33 of
members as having Prior Lake addresses. I
not verified this list.
dated
their
have
The key issue is whether or not the Knights of
Columbus have their principal location or office
within the Prior Lake City limits. In an effort
to receive documentation which would confirm
4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
Columbus, and a list of organizations,
or individuals receiving their
contributions.
agencies
annual
ALTERNATIVES:
On Tuesday, March 30, the City's attorney's
office was provided with a number of these
documents for review. I have attached the letter
from Mr. Vogel which conveyed this material to
the City Attorney. Based upon a review of all
materials submitted, the attorney and I agreed
that none of the material confirms the principal
location or office of the organization.
In the absence of such information, I can only
rely upon practical information such as where
the regular meetings of the Knights of Columbus
organization are held. Tom Vogel confirms that
the club normally meets twice per month: one
meeting for the general membership; and the
second is a business meeting, normally of the
officers. All general meetings are held at the
Savage location. The business meetings may be
held at other locations---for example, last
month's business meeting took place at the
Treasurer's house in Prior Lake because this is
where the financial information is located. The
local telephone book lists the Savage address as
their location. The Knights of Columbus
maintain that their present Treasurer's
residence in Prior Lake constitutes their
principal office, and they do conduct business
meetings there.
The alternatives are:
1. Deny the application based upon the fact
that the club has failed to conclusively
establish that the ~rincipal office is
located within the Clty as required by
ordinance.
2. Approve the request if the Knights of
Columbus submit data at the Council
meeting which substantiates that their
principal location is within the City.
RECOMMENDATION: l. Deny the license
submitted at the
confirms that their
within Prior Lake.
In the absence of further information, adopt
the attached Resolution denying their
request.
unless information is
Council meeting which
principal location is
ACTION REQUIRED:
WLJkkll~m::\. Fi:::SOCIRTES
TEL: 612-541-1966
1'1 a r 29,93 23: 1 7 i'~ iJ .008 P. l) ~
M~~ch 26th, 1993
Attn. GIsnn Ke~s~l
Lommen, Nelson, Cole t StaQeb~r9
1800 IDS Center-
80 South 8th Strw~t
Mlnne8poli., MN 55412
Subj~etl Material. r~queated by Frank ~Qyles for
Proees~ing the Lawful G~mblinQ Lie.nee
Dei-lr Mr. Kli9'Jlel,
Ther~ were .1ght .r.~ti, ~hich Mr. Sayles r~quQsted information on
~he Knights of Columbua for conslder~tion as to whether or not
you And hQ would r9commend against the issuing of the license. I
believQ that the ~crutiny, which you are puttln9 us through 15
unbelievable end prob~bly never before r~quested by the ~ity of
Prior Lake. Some of the information which arQ requested 1~ pro-
t~ct~d by the Knights of Columbus beinQ a RellQlou$ Fr~tQrnal
Organization, howev~r 1 am trying to do my best in supply1nQ thQ
n~c~6sary m~teria16 fOr your evalu~tion. BeforQ 1 .tart l~t me
B~Y that beaides the KniohtQ of ColumbuR being the laro..t fr~-
t~rnal or9aniz~tion in the Unlt~d StatQs, it a1~o h~S ~lm05t 150
memb~r. in the City of Prior Lake. The KniQht. of Columbus, also
h~s ~ Ladies Auxilary of which many m~mbers al~o reslda in Prior
Lake. Our organization .150 has numerOU$ m~mbera In th~ other
frat~rnal orQ~niz~tion. in Prior Lake includin9, the Lions Club,
th~ Optimist Club, the VFWt and thE Rota~y. Our local Council
also 6pOnSor$ a local Squire$ Cirle, which ha~ m~ny Prior Lake
young m~n in itQ ranks. A Prior Lake Q1rl acout troop i. also
~pon~ored by this council of the KnlQht. af Columbus.
ThQ followlnQ materials have been r.quested~
1. CurrQnt articl.. of lncorpor.tlon.
Mr. Boyles knows th.t we are a Religious Fraternal Or~6niz.tlon
and that WQ do not have articles of incorporAtion. However we do
have a Charter, which says that the Supreme Office of the Knight~
of Columbus chart~rs the F~ther John Deere Council *4914 in Prior
La~~ in March of 1960. <Sea the Qnclo$ed photocopy.)
WQ~KMAN ~ ASSOCIATES
TEL: G12-541-19G6
Mar 29,93 23:17 No.OOS P.03
(~ )
2. Byl..w9.
The byl~ws ~r. pr1viledged inform~t1on, which .~~ not perm1tted
to becom~ a p~rt of public 1nform~tion, however 1 am prebQntinQ .
copy of them for your perusal. I am not ~bl~ to allow the &nt1r.
bylaws to be copl~d, howevar I ~111 6g~e~ to allow you to copy
information, which may help you determ1n~ that the office 1~ in
Prior La.ke.
3. Minut~$ from the annual me~tlngg of tha last threa
ye",rli.
Ol..Ir Counc.: i 1 meet $ tw1 ~e ell l'Ilorith both at the Kn 1 ghts of eol wmbu$
Community Cent~r in S~vage and at our Tr~~surer9 Offic. 1n Pr1o~
LC!l.ke. The ,).ct\,I~l min~,t6'a for evitry meeting for thit p.u~t t.hra&l
year5 are beinQ m~de ava11abl~ for your perusal, however I am not
able to permit <ilny copies of them to be lfIadQ.
4. NamEHi and .ddr-e~iH:l'6t o'f all officll'ra 1n thff orQ~n1I.tion
I hav~ to b~li.Ye th~t Mr. Boyles does not desire a liat of every
officer 1n th~ Knights of Columbus, but Just the onea in our
local council. Thi~ ln~o~m.tion 1. confidential, however the
~ol1ow1n9 individuals have a~~~ad to allow their names and ad-
dF~~es to be r.le~5ed to yau.
Thomas E. Vogel, Sr.
Gr.nd Knight - CEO
20220 LanQford Way
Sprln~ Lak~ Township
William Johnson
Tr~~eurer - local office
~731 Birchwood Avenue NE
Prior Lake
JI!I.me5 ShGilrp\5teen
D~puty Grand KnlQht
3611 27th Avenue 5.
Minneapolis
Denis BeOiudoin
Chancel 10""
13881 Ott~w~ Avenue 5.
S.-v...ge
Cl~r~nc~ Rothfork
8l1!cret.ry
1360~ Grand Avwnue
BLlt"'rH.vi 11 e
Kevin GilelD
Advoc...te
18170 M~rphy L~ke Blvd.
Pr i or LaH't
Dr. Br~dl~y Kuntz
GUlilrd
14198 CommQrc~ Avenue NE
Prior- Lake
IJ U k r< 11 H r j ~ f1 S3 ij L I H 1 c: .)
TEL: GJ2-S41-19G6
1'''1211' 29, '33 2::.: 17 1'10.008 P. :j~
(3 )
~. Th~ current address of the orQ.n1zation'5 r~Q1Bter~d
office.
The diff~rent off1c~ra of the local council m~y ~t timas receivQ
mall at thelr home5. The Prior Lak~ StAte B~nk recoQnizes the
loc~l council's office a~ 5731 Birchwood Avsnue NE. Our trm~~ur-
.r is an officer who does not move up ranks from guard to Gr~nd
Knioht. The Supr~mQ offic~ and the St~t~ office con~ider tne
Importance of permanQnc~ 1n the local councila and ha~ thu~
structured the council office ~$ the tr~asurers offlce. ( SQ.
.nclo~ed confirm~tion from J~me5 Terweda, State Advocate for
Kni~ht$ of Colum~u5.)
6. A copy of th. required Annual IRS filinQ for th~ l.~~
three y~~r~, if the Knight~ of Columbu~ 1. A SOl (~)
(3) cor"poration.
The laca.1 c:l'~rtlirG?d council i. not a 501 (e) (3) corporation as
det~rmlned by the Internal R~venue Code.
7. A li.t of other ~ctlvltle. conducted by the Kn1Qht. of
Co10mbu$ within the City of Prior L~k. durinQ the last
thn?Q y~ar\lt.
B. A list of org~niz~tlon~, agenc1es or indlYldual. who
h~v~ received contribution from th~ Knight. of Columbus
deriv~d from our pulltab oper~tion.
I .m QoinQ to addre.s both of th~se ~t on~ time. F1rst, Mr.
Boyles 1~ now requaetlng information, which though may prove to
b~ informat1v9. is not r.quired for consideration of Prior Lake"s
Ordln~nce. However, a6 I stated in front of th. City Council Mt
the council meeting ~n M~rch l~th, 1993, the l&tter of th. l~w
and the lnt~nt of thQ law er& at times two separate 1.~ue$. I
und~rstand that the intent of thR law 1. to havs a local orQanl-
z~tion, who th~ State of Minne.ot~ will allow charitable gamlnQ
to conduct bUBlnesB 1n the .t.te to keep th~ profit~ made 1n the
local community to stay 1n th~ community. Th~ loc~l kniQhts of
Columbus do sponsor a loc~1 Girl Scout Troop. We arQ the active
men'. club for St. Michael '. Catholic Church in Prior Lake and
h~ve helped with many programs both at the Church and School.
Wh~n it com~. to don.t1ons the loc~l council has m&ny requests,
which include Prior Lake H1Qh School Gr.duation Party, Suburban
ARC, Scott County OAC, St. Mich~el '. Church and Sehoal, Girl
Scout TrooPi over thirty-five $30. Qift certificate5 ~or food
each year ju.t to indlvidu.la in the City of Prior Lake. Do
real1z~ th~t all of thes9 don~t1ons hAve com& to Prior Laka
without Ol.lr local council C:llrrlintly condl..lcting eIlY... Qaming 1n the
City limlt~ of Pior LAk~.
WOU:tl~IiJ ~ ASSOCIATES
TEL: 612-541-1966
Mar 2~,93 23:17 No .OU8 P.G5
(4)
I &incerely thank-you for your consideration and rwcommQnd~tion,
which I ~m ~ur~ will bQ forthcoming concQ~nino th1m l~~UQ. My
or~arllzat1Qn does not w~nt to g.t 1nvolved 1n the politics of thQ
Lion$ Club. We wer~ ~pprocched by th~ owner of O'Malley. on
H~lnt who de~lr~d to keep pullt~b$ in her bu~in~s~, but f~lt th~t
the curr~nt org4ni2~t1on w~s not an .cc~ptabl. elternative.
My council h.s ney~r had suspensiong levied on u. by the state of
Minnesota .nd h~ve just .ucce~sfully completed ~n audit by the
St~t. on Hinn~sota. Each year W~ have An indQP~ndent audltting
firm .udit our g~m1ng busine~e. Thi~ pr~ctice ~t~rted before it
Wc$ ~yer congid~r~d by the state of Minnesota. I a~~urR you that
you will nol find a cleaner charltbble g~ming bU5ine$~ anywherQ
1n the State of Minneilota.
If you hMve any qUe~tions, then I ~Mpect to hear from yOU or Mr.
Soyles.
;;LY~~~
Thoma~ E. VOQ~l, Sr.
Grbnd Knight - CEO
eCI Fr~nk BoylGA, City M~n~g.r
James Terwedot Scott County Attorney
RESOLUTION 93-ll
RESOLUTION DENYING THE APPLICATION FOR LAWFUL GAMBLING FOR THE
PREMISE OF O'MALLEY'S ON MAIN BY THE KNIGHTS OF COLUMBUS
MOTIONED
BY
SECONDED BY
WHEREAS, The Knights of Columbus #49l4 are ap~lying for a lawful
gambling license from the City of Prlor Lake and,
WHEREAS, the Knig~ts of Columbus #4914 are applying for a
permit ln order to conduct lawful gambling at the
premise of O'Malley's on Main and,
WHEREAS, the Knights 0 of Columbus #4914 have included with the
application, a lease agreement for O'Malley's on Main
and the lawful gambling fee of $100.00.
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF
PRIOR LAKE, MINNESOTA, that the Knights of Columbus #4914 is
hereby denied a lawful gambling permit at the premise of
O'Malley's on Main on the basis that the application fails to
conform with Prior Lake City Code Section 3-8-4 which requires
that the principal location or office of the Knights of Columbus
must be within the Corporate boundaries of the City of Prior
Lake. The Council finds that the preponderance of evidence shows
that the principal location or office of the Knights of Columbus
is in the city of Savage.
Passed and adopted this
day of
, 1993.
YES
NO
Andren
Fitzgerald
Kedrowski
Scott
White
Andren
Fitzgerald
Kedrowski
Scott
White
Frank Boyles
City Manager
City of Prior Lake
{Seal}
4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER