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HomeMy Public PortalAbout303Draft 9.11.98 CITY OF MEDINA ORDINANCE NO.303 AN ORDINANCE AMENDING SECTION 315 ET SEQ. OF THE CODE OF ORDINANCES RELATING TO LAWFUL GAMBLING The city council of the city of Medina ordains as follows: Section 1. Sections 315.01 et seq. of the city code shall be amended by deleting the stricken material and adding the underscored material as follows: 315.01. Incorporation of State Law. Except as specifically set forth in this ordinance, the regulateFy provisions of Minnesota Statutes, Minnesota Statutes Section 349.39, Minnesota Statutes Section 310.14, Minnesota Statutes Section 319.26, Chapter 349, and Minnesota Statutes, $sections 609.75, 609.755, and 609.76, 609.761, and 609.762, as amended, ll e f-w1,: a pter 1^ are Wll Vi YY 111V11 KJ {LlllVlll.{liU V , , hereby adopted by reference and are hereby incorporated in and made a part of this ordinance as though fully set forth. 315.03. Definitions. For purposes of this ordinance, the terms defined in Minnesota Statutes, section 349.12, shall have the meanings given to them. In addition, the term "trade area" means the geographical limits of the city of Medina and of the cities of Loretto, Plymouth, Corcoran, Independence, Orono, Greenfield and Maple Plain. 315.0305. License Required. Subd. 1. No person, exempt a fugal, li „moo..,,,,. ethef > > > > > J f 7 1:eensed soy feft hefeinotherwise exempt from licensing by the board under Minnesota Statutes, section 349.166 shall conduct lawful gambling within the City without first obtaining a license therefor under this ordinance. fRr- pay -the fees -€end- e � -a-s- lieense-in4� he;No license shall be issued under this section unless the organization meets all of the following requirements: 1. The organization will conduct the lawful gambling on the premises of a religious, fraternal, veterans or other non-profit organization, or on the premises of a holder of an on -sale liquor license issued by the city., RHB-149826 ME230-5 1 10-20-98 2. The organization's headquarters or business office is located within the City and has been so located for at least two years prior to the date of application; and 3. The organization has at least 15 active members, as defined by Minnesota Statutes, section 349.12, subd. 2, who are residents of the City. 315.05. Contcnts of An Application for a LiccnscSubd. 2. Application for a license under section 315.05 of this ordinance shall be made only on the forms provided by the City Clerk. Fe com„lete > > 315.09. License Fees, License Investigations and License Years. The annual license fee for a class A and fcc for the investigation for issuance of a license, if 1ffiewitshall be paid whe„ the a„plication Subd. 3. The fee for a license issued under this section 315.05 shall be $100. 315.-1407 Approval of Premises Permits and Bingo Hall Licenses. Subd. 1. No organization which has applied for a premises permit or bingo hall license from the board may conduct lawful gambling within the City without first obtaining approval from the city council. Subd. 2. Application for approval of a premises permit or bingo hall license shall be made to the City clerk - treasurer on forms prepared by the clerk -treasurer for such purpose. 315.1-309. Conditions Governing fssuanceApproval. The following conditions shall govern the issuance-eflicenses approval by the City of applications for premises permits and bingo hall licenses: Subd. 1. Licenses Approval shall be issued granted only if the applicant and all of its owners, managers, employees, agents or interested parties are free of convictions for offenses which relate RHB-149826 ME230-5 2 10-20-98 directly to such person's ability, capacity or fitness to perform the duties and discharge the responsibil- ities of the licensed activity. Subd. 2. No license approval shall be issued granted to an applicant which has, within one year prior to the day of the application, been denied licensure, has had a license permit or approval regarding lawful gambling revoked, canceled or suspended or whose owners, managers, or interested parties have had a license, permit or approval similarly denied, revoked or suspended. Subd. 3. Licenses Approval shall be issued granted only to applicants who have fully and truthfully answered all of the information requested in the application, who have paid the license fee all fees f ll ° and the f e f r investigation and have cooperated fully and truthfully with the City in the review of the application. Subd. 4. Licenses Approval shall be issued only to a fraternal, religious, veterans or other nonprofit organizations which have been in existence for at least three years prior to the time of application and has have at least 15 pre- sent, active members six menthswho are residents of the City's trade area. Subd. 5. A -license Approval shall not be granted if the granting of such approval 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. 315.3-511. Restrictions and Regulations. The following restrictions and regulations shall be observed in consideration of granting approval of a premises permit or bingo hall license or for a license for lawful gambling otherwise exempt from regulation by the board: Subd. 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 Ccity efMedina, the State of Minnesota and of the United States government. Subd. 2. 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 writmg 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 chief of 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. Subd. 3. The operation or conduct of gambling devices is not permitted between midnight 12:oo a.m. and 8:00 a.m. oftheding any day. Subd. 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, at reasonable times. Subd. 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. Subd. 6. Upon demand by any police peace officer, any person employed in or by any licensese premises shall furnish identification and correct address. Subd. 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. 315.1713. Revocation, Cancellation or Suspension of License. The Any license, permit or approval granted under this ordinance may be revoked, suspended, or canceled Council by the City upon a showing that the licensee, its owners, gambling manager, employees, agents or any of its interested parties have engaged in any of the following conduct: RHB-149826 ME230-5 3 10-20-98 Subd. 1. Fraud, deception or misrepresentation in connection with the securing of a license-; Subd. 2. 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 300.03-; Subd. 3. Conduct inimical to the interest of the public health, safety, welfare or morals-; Subd. 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-; Subd. 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 Gcity of Medina, State of Minnesota or the United Statesgevernment.; or Subd. 6. Engaging in any conduct which would constitute grounds for refusal to issue a license under Section 325A. 315.1915. Distribution of Proceeds. During every year that an organizaton is permitted to conduct lawful gambling under section 315.07 of this ordinance, not less than 50 percent of its lawful purpose expenditures shall be made for lawful purposes conducted or located within the City's trade area. 315.2417. Reporting Requirements. Every organization licensed to conduct lawful gambling under this ordinance or for which the City has granted approval of a premises permit or bingo hall license shall file with the City clerk -treasurer all records and reports which must be filed with the board. The records and reports must be filed with the City clerk -treasurer at the same time they are filed with the board. 315.19. 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, provision or part thereof. 315.21. Penalties. , shall -be -guilty -of sueh-effense-and-evefy-persen-who-falselyjmudulentlyTfer-eeably-er-willfiilly-induees Any person violating the provisions of this ordinance shall be guilty of a misdemeanor. Section H. This ordinance shall become effective upon its adoption and publication. Adopted by the city council of the city of Medina this 201h day of October, 1998. Paul Robinson, Clerk -Treasurer Published in the Lakeshore Weekly News this 29th day of October, 1998. RHB-149826 ME230-5 4 10-20-98