04-22-87 Council Minutes - Laserfiche WebLink

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MINUTES City Council April 22, 1987 Bingo (Cont.) Fahey noted that the City has received nothing from the State Gambling Control Board or Attorney General stating that the Hall Association is in compliance with State Statutes. The City Attorney reported that he has talked with the Attorney General and Roger Franke and neither office will issue an opinion that the present organization of LCCB complies with State law. However, Franke has indicated that his office might be in a position to do so in the remaining 30-day time period, but as of today they were not in that position. The Attorney General reported that they will not issue an opinion until they are requested to do so by the State Gambling Control Board. The Attorney reported that the letter from Wylie to Roger Franke deals with the present Board of Directors of LCCB and informs Franke that Bob Finnerty has submitted a letter of resignation to the Board which the Board has taken under advisement. Wylie, attorney representing LCCB, reported that whether or not Mr. Finnerty's resignation is necessary is not clear to him under the present regulations. The letter requests Mr. Franke's advice in this matter. Wylie noted that present regulations require distributors to disclose their involvement with charitable gambling activites. However, if it is Franke's opinion that Mr. Finnerty's serving on the Board violates State law, LCCB is willing to abide by this. Fahey commented that in his interpretation of the law it is clear that Finnerty's participation on the Board is in violation of the Law. Fahey also pointed out that Ron Tschida is still serving as a Board member, and this, too, is in aiolation of the law. Wylie noted that Roger Franke on March 18, 1987 contacted all landlords of premises where charitable gambling is being conducted asking them to identify all persons involved in approving leases. Then on April 13, 1987 Franke sent another letter asking landlords to certify that those persons approving leases are not directly or indirectly involved in conducting charitable gambling on the premises. LCCB has responded to both these letters and in Wylie's letter to Franke he brought the listing of the Board of Directors up-to-date. Wylie felt that it was difficult to get a regulator to give a negative statement that someone is not violating particular regulations. Wylie stated that he assumesthe City Attorney has found from Franke that LCCB has no violations of regulations since it came into existence. However, questions have been asked and answers given. Wylie noted that the letters which were received in March and April seem to be the manner and speed in which the Gambling Board intends to implement enforcement of the regulations. Page -24-