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CT- 02 FPIA1 SIdEDIEL E:iIPEP <br />Thomas M Swagr@y <br />George F. Borer <br />Paul T. Ostrow <br />Douglas 8. Meslow <br />Patrick J. Sweeney <br />TO L1 TTLE -CHI IHC 0 =' Cr? <br />Sweeney & Borer <br />Professional Association <br />Attorneys at Law <br />Suite 1200 <br />Capital Centre <br />386 North Wabasha Street <br />St. Paul, Minnesota 55102 <br />October 18, 1991 <br />CONFIDENTIAL: ATTORNEY- CLIENT PRIVILEG, <br />Mr. Joel R. Hanson <br />City Administrator <br />515 Little Canada Road <br />Little Canada, MN 55117 <br />Re: Revised Gambling Ordinance <br />Our File No. 6888 <br />Dear Mr. Hanson: <br />1 eleoro,ne <br />(612) 222 -2541 <br />Pacsimae <br />(612)223.5259 <br />Please find enclosed with this letter, the draft of the <br />revised gambling ordinance for your review and consideration. I <br />have incorporated into this ordinance the majority of the <br />provisions summarized in the Minutes of the Workshop Meeting of <br />the City Council held on October 2, 1991. As discussed below, I <br />have deleted several suggested provisions in light of possible <br />conflicts with state law. I am also raising certain legal <br />concerns related to the enforceability of several of the <br />provisions contained in the ordinance. <br />You will note that I have not included provisions calling <br />for an annual premises permit or providing for a reapplication <br />for a premises permit in the event of a change in the gambling <br />manager or governing body of the licensed organization. Under <br />Minn. Stat, §349.165, the Gambling Control Board has the sole <br />authority to issue a premises permit. In addition, pursuant to <br />a recent revision in state law, premises permits are issued once <br />every two years and as a result, the ordinance cannot properly <br />provide for an annual premises permit. Finally, a requirement <br />that the organization reapply for a premises permit if there is <br />a change in the gambling manager or governing body would be <br />inconsistent with state law. However, as you will note, the <br />ordinance provides that as a continuing condition of the <br />premises permit, an organization must notify the City of all new <br />officers, directors, employees, members or consultants. Failure <br />to comply with this requirement or a determination that any such <br />individual renders the organization ineligible for a license, <br />would be grounds for a suspension of the premises permit. <br />I have also deleted provisions which merely restate the <br />requirements of state law. For example, regulations limiting <br />the rent that can be paid for pull -tab sites or bingo hall sites <br />Page 18a <br />