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HomeMy WebLinkAboutCCRes_02-05• CITY OF FALCON HEIGHTS COUNCIL RESOLUTION No. 02-05 Date: January 23, 2002 A RESOLUTION APPROVING THE PREMISES PERMIT FOR COMMUNITY CHARITIES OF MINNESOTA'S CHARITABLE GAMBLING OPERATION AT FALCON BOWL, 1550 W. LARPENTEUR AVE. WHEREAS, on January 9, 2002, Community Charities of Minnesota 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 January 9, 2002, the application and proposed premises permit were delivered to the city for review and approval; and WHEREAS, on January 9, 2002, Community Charities of Minnesota 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: The city council finds that: a. The city's investigation indicates that Community Charities of Minnesota has not failed to comply with the terms or conditions of any gambling license and does not indicate a history of non- compliance 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 existing 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 Community Charities of Minnesota is hereby approved effective January 23, 2002 subject to the following conditions: Registration, pursuant to Section 5-3.07, subd. C, is hereby approved effective January 23, 2002. Future re-registration shall be required upon the expiration of the premises permit in March, 2004. b. Community Charities of Minnesota 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. The first audit report is due from Community Charities of Minnesota 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. 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. 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: Talbot Approved by: ~. Mayor January 23, 2002 GEHRZ Dat . KUETTEL 5 In Favor Attested by: GZ'~G~;G1G LAMB ity Clerk LINDSTROM 0 Against TALBOT January 23, 2002 Date •