HomeMy WebLinkAboutCCRes_96-02No. 96-02
CITY OF FALCON HEIGHTS
COUNCIL RESOLUTION
Date: January 10 1996
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ARESOLUTION APPROVING THE PREMISES PERMIT FOR
CELEBRITY BOWL CHARITIES, INC. CHARITABLE GAMBLING
OPERATION AT FALCON LANES, 1550 W. LARPENTEUR
WHEREAS, on December 11, 1995, Celebrity Bowl Charities, Inc. filed
application fora lawful gambling license and a premises permit with the Minnesota
Charitable Gambling Control Board to conduct a charitable gambling operation at Falcon
Lanes at 1550 West Larpenteur Avenue; and
WHEREAS, on December 11, 1995, the application and proposed
premises permit to the Minnesota Charitable Gambling Board were delivered to the city for
review and approval; and
WHEREAS, on December 11, 1995, Celebrity Bowl Charities, Inc. applied
• to the city for registration approval to conduct charitable gambling operations at Falcon
Lanes at 1550 West Larpenteur Avenue in accordance with city ordinance on charitable
gambling, Section 5-3.07.
NOW THEREFORE, BE IT RESOLVED THAT:
1. The city council finds:
a. The city's investigation indicates that the Celebrity Bowl
Charities, Inc. has not failed to comply with the terms or
conditions of any other gambling license and does not indicate
a history of noncompliance with state or local law regulating the
organization's gambling activities;
b. The premises on which the gambling is to be done are
conducted within a commercial zone;
c. The land area and setback requirements of the premises, an
existing shopping center, meetthe minimumsestablished for the
district;
d. The property is in an existing shopping center building, and
therefore, does not require additional screening and landscaping
• because of the gambling operation;
• e. There is adequate off-street parking for this use as part of
the existing shopping center building;
f. The activity is not expected to generate unreasonable
additional traffic so as to create a nuisance or hazard to existing
or to a surrounding land use;
g. At the times proposed, the activity is not expected to disrupt
other activities in the neighborhood.
2. Based upon the above findings, the premises permit for the
Celebrity Bowl Charities, Inc. is hereby approved effective January 1,
1996 subject to the following conditions:
a. Registration, pursuant to Section 5-3.07, Subd. C, is
hereby approved effective January 1, 1996. Future re-
registration shall be required upon the expiration of the premises
permit.
b. Celebrity Bowl Charities, Inc. shall comply with all
provisions of Section 5-3.07, Subdivision E of the city code
which is attached hereto and incorporated in by reference.
• c. The first audit report is due from Celebrity Bowl
Charities, Inc. within 90 days after the first gambling license
year based on the effective date of the state license.
d. Pursuant to Section 5-3.07, Subd. D, (2),(a), the applicant
shall submit on a monthly basis, 10% of its net profits derived
from lawful gambling to the city for deposit in the city's lawful
gambling fund to be disbursed for lawful purposes.
e. Pursuant to Section 5-3.07, Subd. E (6), the applicant
shall remit to the city each month 3% of its gross receipts from
charitable gambling within the city from the previous month,
less all prizes actually paid out by the organization that month.
Such remittance may be used by the city only for the purpose
of regulating lawful gambling. Excess funds shall be returned
in accordance with city code.
------------------------------------y--~--,-~------ -- - -----
Moved by: Gibson Talbot Approved b ~ ~~~~
Mayor
Januarv 10, 1996
GEHRZ 4 In Favor Date
GIBBON TALBOT
HUSTAD 0 Against Attested by: \._.Sa~XA...~
JACOBS City Clerk
• Januarv 10, 1996
Date
•
5-3.07 Regulation of Non-Profit Organization Gambling
A. Statute Incorporated.
The provisions of Minnesota Statutes, Chapter 349,
as amended, are adopted and made a part of this code.
The provisions set forth herein are in addition to
Minnesota Statutes to the extent that such pro-
visions do not conflict with the statutes.
B. Licenses, Permits and Registration.
1. Required; eligibility. No person except
an organization which is licensed by or has a
valid exemption permit from the State of Minn-
esota and has registered with and been approved
by the City of Falcon Heights shall conduct
• lawful gambling within the City of Falcon Heights.
Such registration shall be commenced each time
a license or exemption permit is sought from the
Charitable Gambling Control Board.
28
5-3.07
2. Computation of days. For purposes of this
ordinance, raffle apparatus shall be considered to
be used or the raffle occasion conducted on the
• day in which the drawing takes place and tipboards
and paddlewheels shall be considered on any day
in which numbers or chances are sold.
3. Display. All licenses or permits required
by this ordinance shall be displayed during the
license year at the premises licensed for the
conduct of gambling devices.
4. Authority to inspect registered premises.
The registration of an organization under this
ordinance shall be deemed to be a consent by the
organization to inspection of the licensed
premises by any police officer or any inspector
of the city.
C. Registration of Charitable Gambling
1. Any organization desiring to register to
conduct charitable gambling shall use forms
obtained from the city clerk and provide the
following:
a. The name, address and telephone
number of the organization.
b. The name, address and telephone
number of the gambling manager.
c. A copy of the organization's
charitable gambling license application
or exemption permit.
d. A copy of any -lease agreements,
executed by the organization in regard to
premises leased for the conduct of gambling.
e. A copy of the bond or certificate of
insurance which meets the requirements of
Minnesota Statutes.
f. The dates, hours and locations of
intended gambling.
2. The council shall act upon the registration
• within sixty (60) days from the date materials are
submitted,_but shall not approve an application to
the Charitable Gambling Control Board until at
least thirty (30) days after the date of
application.
• 3. No organization which is exempt from state
licensure shall be registered to conduct lawful
gambling in the City of Falcon Heights unless it
meets the standards and conditions of Subdivision
29
5-3.07
4. For approval of gambling license applications
and keeps the records and makes the reports
required by Subdivision 6.
• D. Investigation Action Conditions
The registration may be referred to any police
authority for its investigation. Upon receiving the
reports, if any, of the police authority, the council
may in its discretion approve or disapprove the
registration and any accompanying application by
resolution.
1. Disapproval of Applications. The city shall
disapprove an application to the Charitable
Gambling Control Board for a license if:
a. The city's investigation indicates
that the organization or gambling manager
failed to comply with the terms or conditions
of any other gambling license or indicates
a history of noncompliance with state or
local law regulating the organization's
gambling activities; or
b. The premises on which the gambling is to
be conducted are not within a commercial
zone; or
'• c. The land area and setback requirements
of the premises do not meet the minimums
established for the district; or
d. The property is not screened and
landscaped if it abuts a residential use; or
e. Adequate off-road parking and loading,
screened and landscaped from any abutting
residential use is not provided on the
premises; or
f. The activity reasonably could be expected
to generate such additional extra traffic as
to create a nuisance or hazard to existing
traffic or to surrounding land use; or
g. At the times proposed for the activity,
the proposed gambling reasonably can be
.expected to disrupt other activities in the
neighborhood; or
h. For any other reasonable ground, the
premises on which the gambling is to be
conducted are found unsuitable for that
s. purpose.
2. Approval of Applications. The city may
approve an organization's application to the
4
30
5-3.07
Charitable Gambling Control Board for a gambling
license provided that subsection a. does not
compel disapproval. Any such approval shall be
• conditioned upon the following:
a. The applicant shall be required to
spend 10% of its net profits derived from
lawful gambling upon a lawful purpose
specifically designated by the city
council.
b. Any other condition imposed by the
council which is reasonably calculated to
effectuate any legitimate city purpose.
E. Records of cross receipts expenses profits and
local gambling.
1. Each organization registered to conduct lawful
gambling shall keep records of its gross receipts,
quantity of free plays, if any, expenses and
profits for each single gathering or occasion at
which gambling is conducted. All deductions from
gross receipts for each single gathering or
occasion at which gambling is conducted. All
deductions from gross receipts for each single
gathering or occasion shall be documented with
receipts or other records indicating the amount,
• a description of the purchased item or service
or other reason for the deduction, and the
a description of the purchased item or service
or other reason for the deduction, and the
recipient. The distribution of profits shall be
itemized as to payee, purpose, amount and date
of payment.
2. Gross receipts from the operation of lawful
gambling shall be segregated from other revenues
of the organization, and placed in a separate
account. Each organization shall have separate
records of its gambling operations.
3. Each organization registered to conduct lawful
gambling shall report monthly to its membership,
and to the city council, its gross receipts,
expenses and profits from gambling, and the
distribution of profits itemized as required in
this section.
- 4. The city council shall require an annual
financial audit of any organization that conducts
lawful gambling in the City of Falcon Heights at
the organization's expense. The audit shall
. • include information on all gross receipts,
profits, and expenses incurred by the organization
in the conduct of lawful gambling as well
information on uses of profits. The audit report
shall be submitted to the city council at the time
31
5-3.07, 5-4.01
of the organization's registration but no later
than ninety (90) days after the end of the
gambling license year.
5. Any licensed organization that changes
gambling managers during the license year shall
report such change in writing within seven (7)
days to the city clerk.
6. Each licensed organization shall remit to the
city each month three percent of the gross
receipts of the licensed organization from
charitable gambling within the city in the
previous month, less the cost of all prizes
actually paid out by the organization for that
month. Such remittance may be used by the city
only for the purpose of regulating lawful
gambling and any excess funds collected shall
be returned, pro rata, to the taxed organizations
annually by March 15 for the preceding calendar
year.
•