HomeMy WebLinkAboutCCRes_93-42• No. R-93-42
CITY OF FALCON HEIGHTS
COUNCIL RESOLUTION
Date: 12/16/93
A RESOLUTION APPROVING THE PREMISES PERMIT FOR
CELEBRITY BOWL CHARITIES, INC. PULL TABS
OPERATION AT FALCON LANES, 1550 W. LARPENTEUR
WHEREAS, on November 19, 1993, Celebrity Bowl Charities, Inc. filed an
application for a lawful gambling license and a premises permit with the
Minnesota Charitable Gambling Control Board to conduct a pull tab operation
at Falcon Lanes at 1550 West Larpenteur Avenue; and
WHEREAS, on November 19, 1993 the application and proposed premises
• permit to the Minnesota Charitable Gambling Board were delivered to the city
for review and approval; and
WHEREAS, on November 19, 1993, Celebrity Bowl Charities, Inc. applied to
the city for registration approval to conduct pull tab 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, meet the minimums established for
the district;
• d. The property is in an existing shopping center building, and
therefore, does not require additional screening and land-
scaping 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, 1994 subject
to the following conditions:
a. Registration, pursuant to Section 5-3.07, Subd. C, is hereby
approved effective January 1, 1994. Future re-registration shall be
required upon the expiration of the premises permit.
• b. The Celebrity Bowl Charities, Inc. shall comply with all proVSsions 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 a fund administered and
regulated by the city for disbursement by the city for lawful
purposes.
Moved by Ciernia
BALDWIN
CIERNIA 5 In Favor
GEHRZ
JACOBS 0 Against
GIBBON TALBOT
r~
U
Approved by ~~ ~ ,r _~
Mayor
Dec. 16, 1993
ate
Attested by
City erk
Dec. 16, 1993
Date
5-3.07
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
purpose.
2. Approval of Applications. The city may
approve an organization's application to the
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
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5-3.07
• 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
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.
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