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OCT -23 -1992 10:05 FROM SWEENEY SORER & OSTROIJ TO L[TTLE CANADA P.02 04 <br />Thomas M. Sweeney <br />George F. Borer <br />Paul T. Ostrow <br />Douglas 8. Maslow <br />Patrick J. Sweeney <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 />October 23, 1992 <br />TRANSMITTED VZA ACSIMILE <br />Mr. Joel R. Hanson <br />City Administrator <br />515 Little Canada Road <br />Little Canada MN 55117 <br />RE: Gambling Ordinance - Bingo Hall Rent Limitations <br />Our File No. 7154 <br />Dear Joel: <br />Telephone <br />(612) 222-2541 <br />Facsimile <br />(612) 223-5289 <br />Please find enclosed with this letter, the second draft of <br />the ordinance limiting the amount which may be paid by <br />charitable organizations within the City of Little Canada in <br />rent for the conduct of bingo. It is my understanding that <br />consideration of this ordinance will be placed upon the City <br />Council agenda for the meeting of October 28, 1992. <br />Please note that rent has been defined in Section <br />815.050(A)(2) to include any payment to the lessor as well as <br />any payments for utilities, trash removal, parking lot <br />maintenance, property taxes and insurance, and general building <br />maintenance. The Attorney General's Office advises us that the <br />Gambling Control Board interprets their rules to include as rent <br />any payments made to the lessor, whether classified by the <br />lessor as rent or as reimbursement for certain expenses. <br />Consistent with our discussions, the ordinance calls for a <br />maximum rent of $300.00 or the maximum rent permitted under <br />Minnesota Statutes or Rules for leased premises of not more than <br />12,000 square feet, whichever is greater. Presently, Minnesota <br />Rules Section 7861.0060, Subp. 2(D)(2) limits rent for a bingo <br />occasion to $200.00 for leased premises of not more than 6,000 <br />square feet, $300.00 for leased premises of not more than 12,000 <br />square feet, and $400.00 for leased premises of more than 12,000 <br />square feet. If the enclosed ordinance is adopted, the maximum <br />Page 55 <br />