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FEB -21 -1992 10:59 FROM SJEENEY & BORER <br />Thomas M. Sweeney <br />George F, Borer <br />Paul T. Ostrow <br />Douglas B. Maslow <br />Patrick J. Sweeney <br />TO LITTLE — CANADA P.02 /09 <br />Sweeney, Borer & Ostrow <br />Professional Association <br />Attorneys at Law <br />Suite 1200 <br />Capital Centre <br />386 North Wabasha Street <br />St. Paul, Minnesota 55102 <br />February 21, 1992 <br />Mr. Joel R. Hanson <br />City Administrator <br />515 Little Canada Road <br />Little Canada, MN 55117 <br />Re: Gambling Ordinance Revision <br />Our File No. 7154 <br />Dear Mr. Hanson: <br />Telephone <br />(612) 222.2541 <br />Facsimile <br />(612) 223.5289 <br />Enclosed please find with this letter, the revised Gambling <br />Ordinance for your review and consideration. The Ordinance has <br />been revised to address concerns raised at the City Council <br />Meeting held on February 12, 1992. <br />Please note the revisions in Sections 815.010 (4), 815.020 <br />(6) and 815.025 (C). In addition to these revisions, Sections <br />815.010 (5) and 815.020 (7) have been added to the Ordinance. <br />As a result of these amendments, Sections 815.010 (4) and <br />815.020 (6), as well as the second sentence of 815.025 (0), now <br />mirror Minnesota Statutes Section 349.16(e), which relates to <br />officers or members of the governing body of a lawful gambling <br />organization. <br />Section 815.010 (5), Section 815.020 (7) and the third <br />sentence of Section 815.025 (C) relate to directors, employees <br />and consultants of an organization. As you will note, these <br />provisions preclude the licensing of an organization with a <br />director, employee or consultant who "has been convicted of a <br />felony or a gross misdemeanor involving theft, dishonesty or <br />false statement, or involving the sale or possession of a <br />controlled substance within five years immediately prior to the <br />issuance of a license." The phrase "dishonesty or false <br />statement" is recommended because this phrase has an accepted <br />meaning and has been interpreted by the courts on numerous <br />occasions. This language mirrors the language in the Minnesota <br />Rules of Evidence 609(a)(2), which relates to the impeachment of <br />a witness based on previous criminal offenses. We believe that <br />listing all of the criminal statutes which relate to theft, <br />fraud or embezzlement would be unmanageable and impractical <br />since it would require revisions to the ordinance whenever the <br />criminal statutes are revised. <br />Page 7 <br />