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Ordinance No. o&Z7o
AN ORDINANCE ADOPTING A GAMBLING CODE
FOR THE CITY OF MEDINA
THE CITY COUNCIL OF THE CITY OF MEDINA DOES ORDAIN AS FOLLOWS:
SECTION I:
The Medina Code of Ordinances is amended by the addition of the follow-
ing:
320A. Gambling. The regulatory provisions of Minnesota Statutes Section
349.30 through and including Minnesota Statutes Section 349.39, Minnesota
Statutes Section 340.14, Minnesota Statutes Section 349.26, Minnesota
Statutes Sections 609.75, 609.755, and 609.761, all of which as amended by
Laws 1983, Chapter 214, are hereby adopted by reference and are hereby
incorporated in and made a part of this ordinance as though fully set
forth.
321A. License Required. No person, except a fraternal, religious,
veterans or other nonprofit organization covered by Minnesota Statutes
Section 349.26, which organization has been in existence for at least three
years and has at least 15 present, active members, all of whose membership
dues are fully paid and who have been members for at least six months,
shall possess, keep, use, control or operate any gambling device or have
any interest in the operation, possession, use or control of gambling
devices or conduct or operate a raffle or have any interest in the opera-
tion or conduct of a raffle including possession of raffle apparatus or
sale of tickets. No fraternal, religious, veterans or other nonprofit
organization as described herein, shall possess, keep, use, control or
operate any gambling devices or conduct or operate a raffle or have any
interest in the operation or conduct of a raffle including possession of
raffle apparatus or the sale of tickets without being duly and lawfully
licensed as set forth herein. There shall be a class A gambling license
and a class B gambling license, eligibility for which shall be determined
by the annual gross receipts, actual or projected of the organization's
gambling operation. A class A license must be obtained by organizations
whose annual gross receipts, actual or projected, as determined by the City
Council are less than $37000. A class B license must be obtained by an
organization whose annual gross receipts, actual or projected, as deter-
mined by the City Council are equal to or exceed $3,$09. If the annual
gross receipts of an organization holding a class A license exceed the
maximum permitted under said class A license, that organization must then
apply for, pay the fees for, and be issued a class B license in the future.
322A. Contents of An Application for a License. Application for a license
shall be made only on the forms provided by the City Clerk. Four complete
copies of the application must be submitted to the City Clerk's office
containing the address of the property to be licensed, the name, address
and telephone number of the owner, lessee, if any, and the gambling 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 or manager's character. The application must also state
whether the applicant and gambling manager has ever been convicted of a
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crime or offense related to gambling and, if so, state complete and
accurate information as to the time, place and nature of such crime or
offense including the disposition thereof. The application further must
list the names and addresses of all creditors of the applicant, lessee,
gambling manager insofar as and regarding credit which has been extended
for the purposes of constructing, equipping, maintaining, operating or
furnishing gambling devices or their accouterments.
A11 applicants shall furnish upon request of the City Clerk, along
with their application, complete and accurate documentation establishing
the interest of the applicant and any other person having an interest in
the operation, keeping, possession, use or control of gambling devices,
raffle apparatus or raffle tickets.
323A. License Fees, License Investigations and License Years. The annual
license fee for a class A license is $5 and the fee for investigation for
the purposes of issuing this license is $5. The annual license fee for a
class B license is $25 and the fee for investigation for the purposes of
issuing this license is the amount actually expended by the City as deter-
mined by the City Council. The license fee and fee for the investigation
for issuance of a license, if known, 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 for the issuance of a
license shall be returned. 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,
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change of gambling manager or reapplication for a license wherein addi-
tional or different parties other than the original licensee, parties and
gambling manager are proposing to be licensed. All licenses granted herein
are nontransferable.
324A. Granting or Denial of Licenses. License applications shall be
investigated by the Police Department and approved by the City Council.
Only one license shall be granted 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 owes or leases except that
tickets for raffles may be sold off the premises. A license, unless
revoked, suspended or canceled is for the calendar year or part thereof for
which it has been issued. The City Council shall act upon a license appli-
cation within 180 days from the date of application, but the license cannot
be issued until 30 days following approval.
325A. Conditions Governing Issuance. The following conditions shall
govern the issuance of licenses:
325A:O1. 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 relate directly to such person's ability,
capacity or fitness to perform the duties and discharge the responsibil-
ities of the licensed activity.
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325A:02. No license shall be issued to an applicant which has, within
one year prior to the day of the application, been denied licensure, has
had a license revoked, canceled or suspended or whose owners, managers, or
interested parties have had a license similarly denied, revoked or sus-
pended.
325A:03. Licenses shall be issued only to applicants who have fully
and truthfully answered all of the information requested in the applica-
tion, 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.
325A:04. Licenses shall be issued only to a fraternal, religious,
veterans or other nonprofit organization covered by the Minnesota Statutes
Section 349.26 which organization has been in existence for at least three
years and has at least 15 present, active members whose membership dues are
fully paid and who have been members for at least six months.
325A:05. 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 persons
or properties in the vicinity.
326A. Restrictions and Regulations. The following restrictions and regula-
tions shall be observed:
326A:01. The licensee, the gambling manager and other persons in its
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employ, agency or persons with an interest in such business shall comply
with all applicable ordinances, regulations and laws of the City of Medina,
the State of Minnesota and the United States government.
326A:02. The applicant shall designate one 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 effec-
tive date of such change.
326A:03. The operation or conduct of gambling devices is not per-
mitted between midnight and 8:00 a.m. of the succeeding day.
326A:04. 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, at reason-
able times.
326A:05. 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.
326A:06. Upon demand by any police officer, any person employed in or
by any licenses premises shall furnish identification and correct address.
326.07. 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.
327A. Revocation, Cancellation or Suspension of License. The license may
be revoked, suspended, canceled or not granted by the City Council by
showing that the licensee, its owners, gambling manager, employees, agents
or any of its interested parties have engaged in any of the following
conduct:
327A:01. Fraud, deception or misrepresentation in connection with the
securing of a license.
327A:02. Habitual drunkenness and the illegal use of drugs including
but not limited to the use of prohibited substances defined in Minnesota
Statutes Chapter 152 or Medina Ordinances
327A:03. Conduct inimical to the interest of the public health,
safety, welfare or morals.
327A:04. 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.
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327A:05. 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 Medina, State of Minnesota or the United States
government.
327A:06. Engaging in any conduct which would constitute grounds for
refusal to issue a license under Section 325A.
328A. Separability. Every section, provision or part of this 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 holdings shall not invalidate any other section, pro-
vision or part thereof.
329A. Liability for the Crimes of Another. Every person who commits or
attempts to commit, conspires to commit or aids and abets in the commision
of any act constituting a violation of this ordinance or any act, which
constitutes an omission and, therfore, 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 willfully induces, causes,
coerces, requires, permits or directs another to violate any of the pro-
visions of this Chapter is likewise guilty of such offense.
Any person violating any provision of this ordinance, or violating any
provision of any license issued hereunder, upon conviction thereof shall be
punished by a fine not to exceed 500 dollars or by imprisonment not to
exceed 90 days, or both, together with the costs of prosecution.
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SECTION II.
This ordinance becomes effective upon its adoption and publication.
ATTEST:
Donna Roehl, Clerk
Published this 13 day of
Thom. Anderso 7 M. or
, 1983.
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CITY OF MEDINA
SUMMARY OF ORDINANCE NO. 0? eO
AN ORDINANCE ADOPTING A GAMBLING CODE
FOR THE CITY OF MEDINA
Purpose of Ordinance No..0 „ is to comply with Minnesota
Statutes regarding cities responsibility relating to gambling.
Section 321 - outlines those organizations eligible to hold
licenses and classes of licenses.
Section 322-325 - lists contents of application, amount of
license and investigation fee; also, conditions governing
issuance and granting or denying licenses.
Section 326 - details operation procedures and inspection of
premises and devices, by city officials.
Section 327 - outlines criteria for revocation, concellation
or suspension of license.
Section 328 - provides for separation of each section of the
ordinance from every other section.
Section 329 - details ordinance violations and penalties for
said violations.
A copy of the entire ordinance may be obtained at City Hall.
Adopted by the Council of the City
of 1983.
-7e
Clerk -Treasurer
of Medina
this