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HomeMy WebLinkAboutCCRes_98-02• No. 98-02 CITY OF FALCON HEIGHTS COUNCIL RESOLUTION Date: January 14, 1998 ------------------------------------------------------------ ARESOLUTION APPROVING THE PREMISES PERMIT FOR CELEBRITY BOWL CHARITIES, INC.'S CHARITABLE GAMBLING OPERATION AT FALCON BOWL, 1550 W. LARPENTEUR AVENUE WHEREAS, on December 8, 1997, Celebrity Bowl Charities, Inc. applied for a lawful gambling license and a premises permit with the Minnesota Charitable Gambling Control Board to conduct a charitable gambling operation at Falcon Bowl, 1550 W. Larpenteur Avenue; and WHEREAS, on December 8, 1997, the application and proposed premises permit were delivered to the city for review and approval; and WHEREAS, on December 8, 1997, Celebrity Bowl Charities, Inc. applied to the • city for registration approval to conduct charitable gambling operations at Falcon Bowl, 1550 W. Larpenteur Avenue, in accordance with city ordinance on charitable gambling. NOW, THEREFORE, BE IT RESOLVED, THAT: 1. The city council finds that: a. The city's investigation indicates that Celebrity Bowl Charities, Inc. has not failed to comply with the terms or conditions of any 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 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 existin 9 shopping center building; • f. The activity is not expected to generate unreasonable additional traffic so as to create a nuisance or hazard to an existing or surrounding land use; g. The activity is not expected to disrupt other activities in the neighborhood. 2. Based upon the above findings, the premises permit for Celebrity Bowl Charities is hereby approved effective January 1, 1998 subject to the following conditions: a. Registration, pursuant to Section 5-3.07 subd. C, is hereby approved effective January 1, 1998. 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 subd. 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 upon 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 distributed 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. ------------------------------------------------------------ Moved by: Hustad Approved by:.~~~~ ~~n~ Mayor Januarv 14, 1998 GEHRZ 4 In Favor Date GIBBON TALBOT ~ HUSTAD 0 Against Attested by: ~~-~-~- '~-~~_~~~~~ JACOBS City Clerk • KUETTEL (absent) January 14, 1998 Date 5-3.06 - 3.07 5-3.06 Ooen Fires • Regulation of Ooen Fires Minnesota Department of Natural Resources Rules (MN Statute, Chapters 88.01-88.76) relating to preservation of natural resources which includes open burning regulations, is hereby adopted by reference and is made a part of this code as if fully set forth herein. The fire chief and fire marshal are designated as persons to issue burning permits within the city. Fees are as established in Section 5-4.01 of this code and burning permit guidelines are as listed in Section VII(C) of the administrative manual. (0-94-02 dated 1 /12/94) 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. 2. Computation of days. Fvr 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 29 5-3.07 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 X60) 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 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 30 5-3.07 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, 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 tha_ t 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: 31 5-3.07 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 Aross 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 32 5-3.07 - 5.4.01 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 ail 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. 5-4.01 Fees 1. Utility Charge Statements. Statements for utility charges for the preceding quarterly period shall be. mailed to each customer on the 20th day of December, March, June and September. Payments are due and payable on or before the last day of business of January, April, Juiy and October. 2. Penalty for Late Payment. Each quarterly billing for utility fees not paid when due shall incur a penalty charge of ten percent (10%) on any unpaid balance. No penalty will be abated by the city council. 3. Special Assessments. All such fees which are not paid by due date shall be in default and the council may, in addition to other remedies, annually levy an assessment for any unpaid fees against each parcel of land serviced for which the fee is unpaid and in default. Any such assessment will include the penalties. Such assessment will be certified to the auditor of Ramsey • County and collected and remitted to the city in the same manner as the assessments for local improvements. 33