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05-06-13 Council Packet
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05-06-13 Council Packet
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2/28/2014 3:45:57 PM
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City Council
Council Document Type
Council Packet
Meeting Date
05/06/2013
Council Meeting Type
Work Session Regular
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Anoka County City of Lino Lakes <br />45 <br /> <br />recreational use for more than 250 days in the year preceding the year of assessment and <br />is located within two miles of the class 4c property with which it is used. Owners of real <br />and personal property devoted to temporary and seasonal residential occupancy for <br />recreation purposes and all or a portion of which was devoted to commercial purposes for <br />not more than 250 days in the year preceding the year of assessment desiring <br />classification as class 4c, must submit a declaration to the assessor designating the <br />cabins or units occupied for 250 days or less in the year preceding the year of assessment <br />by January 15 of the assessment year. Those cabins or units and a proportionate share of <br />the land on which they are located must be designated class 4c under this clause as <br />otherwise provided. The remai nder of the cabins or units and a proportionate share of the <br />land on which they are located will be designated as class 3a. The owner of property <br />desiring designation as class 4c property under this clause must provide guest registers or <br />other records demo nstrating that the units for which class 4c designation is sought were <br />not occupied for more than 250 days in the year preceding the assessment if so <br />requested. The portion of a property operated as a (1) restaurant, (2) bar, (3) gift shop, (4) <br />conference center or meeting room, and (5) other nonresidential facility operated on a <br />commercial basis not directly related to temporary and seasonal residential occupancy for <br />recreation purposes does not qualify for class 4c; (2) qualified property used as a golf <br />c ourse if: (i) it is open to the public on a daily fee basis. It may charge membership fees or <br />dues, but a membership fee may not be required in order to use the property for golfing, <br />and its green fees for golfing must be comparable to green fees typically charged by <br />municipal courses; and (ii) it meets the requirements of section 273.112, subdivision 3 , <br />paragraph (d). A structure used as a clubhouse, restaurant, or place of r efreshment in <br />conjunction with the golf course is classified as class 3a property; (3) real property up to a <br />maximum of three acres of land owned and used by a nonprofit community service <br />oriented organization and not used for residential purposes on eithe r a temporary or <br />permanent basis, provided that: (i) the property is not used for a revenue -producing <br />activity for more than six days in the calendar year preceding the year of assessment; or <br />(ii) the organization makes annual charitable contributions and donations at least equal to <br />the property's previous year's property taxes and the property is allowed to be used for <br />public and community meetings or events for no charge, as appropriate to the size of the <br />facility. For purposes of this clause, (A) "charit able contributions and donations" has the <br />same meaning as lawful gambling purposes under section 349.12, subdivision 25 , <br />excluding those purposes relating to the payment of tax es, assessments, fees, auditing <br />costs, and utility payments; (B) "property taxes" excludes the state general tax; (C) a <br />"nonprofit community service oriented organization" means any corporation, society, <br />association, foundation, or institution organized a nd operated exclusively for charitable, <br />religious, fraternal, civic, or educational purposes, and which is exempt from federal <br />income taxation pursuant to section 501(c)(3), (8), (10), or (19) of the Internal Revenue <br />Code; and (D) "revenue -producing activi ties" shall include but not be limited to property or <br />that portion of the property that is used as an on -sale intoxicating liquor or 3.2 percent <br />malt liquor establishment licensed under chapter 340A, a restaurant open to the public, <br />bowling alley, a retail store, gambling conducted by organizations licensed under chapter <br />349, an insurance business, or office or other space leased or rented to a lessee who <br />conducts a for -profit enterprise on the premises. Any portion of the property not qualifying <br />under eith er item (i) or (ii) is class 3a. The use of the property for social events open <br />exclusively to members and their guests for periods of less than 24 hours, when an <br />admission is not charged nor any revenues are received by the organization shall not be <br />consi dered a revenue -producing activity. The organization shall maintain records of its <br />charitable contributions and donations and of public meetings and events held on the <br />property and make them available upon request any time to the assessor to ensure <br />eligibi lity. An organization meeting the requirement under item (ii) must file an application
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