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HomeMy WebLinkAbout1988-017 Council OrdinancesCITY OF LINO LAKES COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 17 - 88 AN ORDINANCE AMENDING THE LINO LAKES CITY CODE BY REGULATING LAWFUL GAMBLING WITHIN THE CITY. The City Council of the City of Lino Lakes does hereby ordain: Section 1. Section 611, entitled Gambling, of the Lino Lakes City Code is amended to read as follows: 611.01 Adoption. Chapter 349 of the Minnesota Statutes is hereby adopted by reference the same as if it were fully set forth herein. 611.02 Organizations Eligible for Lawful Gambling License. An organization shall not be eligible to conduct lawful • gambling in the City of Lino Lakes and shall not be eligible to receive a lawful gambling license from the Minnesota Charitable Gambling Control Board unless the organization meets all of the requirements imposed by State law and unless the organization meets at least one of the following conditions: • (a) The organization has at least fifteen (15) members that are residents of the City of Lino Lakes; or (b) The physical site for the organization headquarters or the registered business office of the organization is located within the City of Lino Lakes and has been located within the City for at least two (2) years immediately preceding the application for a license; or (c) The organization owns real property within the City of Lino Lakes and the lawful gambling is conducted on the property owned by the organization within the City; or (d) The physical site where the organization regularly holds its meetings and conducts its activities, other than lawful gambling and fund raising, is in the City of Lino Lakes and has been located within the City for at least two (2) years immediately preceding application for a license. -1- Any organization which purports to meet one of the condi- tions set forth above, shall certify in writing on its application which condition or conditions are being met. 611.03 Profits From Gambling Devices. During any year that an eligible organization is licensed to conduct gambling events, not less than ten (10%) per cent of the net profits from the operation of the gambling by charitable organizations shall be used annually for charitable purposes directly benefiting residents of the City of Lino Lakes. A report of the annual disposition of the gambling funds shall be provided to the City Clerk on or before February 2, 1989, and on or before the 2nd day of February each year thereafter. 611.04 Gambling Tax. Pursuant to Minnesota Statute 349.212, gambling tax is hereby imposed of three (3%) per cent of the gross receipts of each licensed organization from all lawful gambling less prizes actually paid out by the organization. Such tax shall be imposed and commenced to accrue as of January 1, 1989 and shall be payable at the office of the City Clerk of Lino Lakes, Minnesota, on February 2, 1989 and on the 2nd day of each month thereafter. 411 611.05 Records and Reports. • All qualified organizations operating gambling devises in the City of Lino Lakes shall keep monthly financial records of gambling proceeds and disbursements and shall submit copies of same to the City Clerk commencing February 2, 1989 and on the 2nd day of each month thereafter. Because of delays in receiv- ing bank statements, the said records shall be submitted by the 2nd day of the second month following the reportable month. As an example, the January records are due on March 2, 1989. 611.06 Background Information. Copy of all applications and reports required by and sub- mitted to the Minnesota Charitable Gambling Control Board shall also be submitted to the City Clerk of the City of Lino Lakes within seven (7) days after they are submitted to said Board. 611.07 Limitation of Gambling Licenses. No organization shall be permitted to conduct gambling in more than three (3) establishments within the City of Lino Lakes. As to organizations who are presently licensed to con- duct gambling in more than three (3) establishments, this limitation shall apply upon the expiration of such licenses that are in excess thereof. Further, only one (1) organization shall -2- 1111 be permitted to operate or sell lawful gambling devices at an owned or leased establishment. 611.08 Leases. No leases to an organization for lawful gambling shall have a monthly rental payment in excess of Six Hundred and no/100 ($600.00) Dollars. Said monthly payment shall include heat, electricity, and janitorial services. 611.09 Management. All gambling operations must be managed by a bona fide member of the licensed organization. 611.10 Disapproval. Nothing contained in this ordinance shall be deemed to limit the City Council's authority to disapprove a license for lawful gambling. 611.11 Penalty. Any person violating any of the provisions of this ordinance shall be guilty of a misdemeanor. • Section 2. Section 609, entitled Bingo, of the City of Lino Lakes Charter shall be repealed in its entirety. Section 3. Effective Date of Ordinance. This ordinance shall take effect and be in full force after its passage and publication as provided by the Lino Lakes City Charter. D• Adopted this .x"v' day ofr ATTEST: • Clerk 1988. -3-