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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
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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.,
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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
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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
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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:
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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.
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