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COUNCIL MEETING MARCH 13, 1995 <br />Mr. Wesman said his purpose is not specifically to challenge the <br />ordinance, but to as the City Council for approval to operate pull - <br />tab gambling at the 49 Club. The request is for an accommodation <br />to the existing ordinances. In recent days, it has come to their <br />attention, the City of Cloquet asked for an Attorney General's <br />opinion regarding ordinances that are essentially the same as what <br />Lino Lakes presently has and it was the opinion of the Attorney <br />General's office that these ordinances raised significant questions <br />with respect to equal protection under both the State and Federal <br />constitutions. He said the purpose of this information is to call <br />the matter to the attention of the City. Mr. Wesman said that the <br />Dead Broke Saddle Club would like to become an active contributing <br />member of the business and social community and not a contestant in <br />a legal action. Mr. Wesman asked the City Council for approval to <br />begin pull -tab gambling on July 1, 1995 and if this is not <br />possible, then approval for pull -tab gambling effective August 1, <br />1995. <br />Council Member Elliott asked Mr. Hawkins if the City Council can <br />arbitrarily take 30 days off of an ordinance waiting period. Mr. <br />Hawkins said that there is no provision in the Gambling Ordinance <br />that allows the City Council to grant a variance from the <br />requirements. Council Member Elliott said that she appreciates the <br />fact that the Dead Broke Saddle Club want to become a part of the <br />community and also appreciated the fact the 49 Club does not want <br />to be without pull -tabs for a month, however, the ordinances should <br />not be rewritten to accommodate certain situations. <br />Mayor Reinert called for a second to Council Member Neal's motion. <br />There was no second to the motion. <br />Council Member Elliott moved to deny the request for a gambling <br />license. Council Member Bergeson seconded the motion. Motion <br />carried with Council Member Neal abstaining. <br />Consideration of a Request for a Gambling License from the <br />Centennial Fire Relief Association for Miller's on Main - Mrs. <br />Anderson explained that an application for a gambling license to <br />operate a gambling booth at Miller's on Main was included in the <br />Council packets. The Centennial Fire Relief Association meets the <br />requirements of the Lino Lakes Gambling Ordinance (has more than 15 <br />members who live in Lino Lakes) and does operate another gambling <br />site at the 49 Club. There have been no reported problems with the <br />49 Club site. <br />Miller's on Main is the former Lee's of Lino Lakes. Mr. James <br />Miller will be requesting liquor licenses for this establishment <br />shortly. <br />PAGE 14 <br />