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10/16/23, 9:59 AM Print Preview <br />https://lakeelmo.municipalcodeonline.com/book/print?type=ordinances&name=TITLE_11_BUSINESS_REGULATIONS 7/51 <br />terms or conditions. The lease shall specifically provide that the lessee shall operate only <br />after issuance of a license and shall be subject to the terms of LEC 11.04.160 et seq. <br />(4)A copy of any lease agreement between a non-profit organization and an on-sale <br />licensee shall be filed with the administrator with the gambling license application. <br />(5)A lease agreement between a non-profit organization and an on-sale establishment shall <br />not provide for rental payments based on a percentage of receipts of profits from lawful <br />gambling. There shall be no other compensation paid to the on-sale establishment, <br />directly or indirectly, other than the rental fee provided in the lease agreement. The <br />maximum rental fee shall be $600.00 per month or $24.00 per square foot of the leased <br />premises, whichever is less. <br />(6)a.All gambling shall be conducted from a booth or other area properly segregated <br />from the rest of the licensed premises. <br />b.The physical layout of the area set aside for gambling shall be subject to the <br />approval of the city's police department. <br />(7)The gambling booth shall be constructed and maintained by the organization licensed to <br />conduct gambling and shall be under the exclusive control of that organization. The <br />organization licensed to conduct gambling shall prominently display its name and license <br />number at its gambling booth and shall indicate that all profits from gambling are for the <br />benefit of the organization. <br />(8)No employees or agents of the on-sale establishment shall handle gambling devises, <br />gambling money, prizes, or gambling records, nor shall they record winners, replays, or <br />free games, nor shall they otherwise conduct or assist the licensed gambling <br />organizations in conducting the gambling operation. <br />(9)The gambling booth or area shall be separate from the liquor service bar area. No <br />gambling shall be conducted from the liquor service bar area. <br />(10)The organization licensed to conduct gambling shall have exclusive control over all <br />gambling devices, money, and records. Whenever the organization is not present, all <br />gambling devices, money, and records shall be securely locked and shall be <br />inaccessible to employees of the on-sale establishment. <br />(11)No gambling employee may use intoxicating beverages while working on the sale of <br />games. <br />(12)No gambling funds shall be commingled with funds of the on-sale establishment. <br />(13)No food, drink, or entertainment discounts or other promotions shall be offered in <br />conjunction with the sale of gambling devices or chances. <br />(14)The on-sale establishment shall allow the organization to conduct gambling at any time <br />during its lawful business hours and shall prohibit gambling at any time other than its <br />lawful business hours. <br />(15)The on-sale licensee shall make no agreements with any gambling equipment distributor <br />requiring the use of the distributor's gambling equipment in the establishment. <br />(16)Subsections (b)(6) through (11) of this section shall not apply when the licensed <br />gambling organization is also the holder of the on-sale license for the establishment <br />where the gambling is conducted. <br />(17)The council may disapprove a premises permit application for an on-sale establishment <br />in which gambling violations have previously occurred.