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12-02-2025 City Council Meeting Packet
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12-02-2025 City Council Meeting Packet
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6.Permit Fees: City staff have opted not to charge a premises permit application fee or require an <br />annual renewal fee. <br />Additional Considerations: <br />Under Minnesota Statutes, Section 349.213, Subdivision 1, Paragraph (f)(2), a local unit of government <br />may require licensed organizations to contribute up to 10% of their net profits from lawful gambling to a <br />fund administered by the local government. Section 11.04.220 of the City’s ordinance authorizes the City <br />of Lake Elmo to collect this 10% contribution. Net profits are defined as gross profits minus allowable <br />expenses and taxes assessed on lawful gambling. <br />Upon review, it was determined that the City has not previously collected the 10% contributions from any <br />organization. Past donations from the Jaycees exceeded the 10% threshold but were made voluntarily and <br />not under the ordinance’s authority. Moving forward, the City will begin enforcing this provision and will <br />contact all approved organizations conducting charitable gambling within city limits, if necessary. Other <br />cities within our newly defined trade area—such as Maplewood, Oakdale, and Woodbury—also collect <br />the 10% gambling contribution. <br />Lawful Gambling Fund: <br />In accordance with Minnesota Gambling Control Board requirements, revenues from charitable gambling <br />will now be deposited into the newly created Lawful Gambling Fund (Fund 210). Each budget year, the <br />City must acknowledge the financial contributions of licensed organizations and identify the recipients of <br />those funds through communications about the funds as well as in the distribution of funds. <br />Currently, three organizations are approved to operate within Lake Elmo: <br />Oakdale Athletic Association – operating at Twin Points <br />Stillwater Area Hockey Association – operating at Lakewood Tavern <br />Woodbury Area Athletic Association – received a premises permit on November 5, 2025, to <br />operate at the new ParT Barn <br />Use of Lawful Gambling Funds <br />All funds received from charitable gambling organizations must be disbursed by the City for lawful <br />purposes, as defined in Minnesota Statutes, Section 349.12, Subdivision 7a. <br />As outlined in the attached Guide for Cities: How Cities May Spend 10% Lawful Gambling <br />Contributions, the following are allowable uses of these funds: <br />Permitted Uses (Summary, please see the guide for an inclusive list): <br />Youth Programs <br />Festival organization: any expenditure by or contribution to a 501(c)(3) or festival organization, <br />as defined in subdivision 15c, as confirmed by our compliance specialist <br />Charitable Donations: Contributions to a 501(c)(3) organization, provided the City does not <br />retain control of the funds. <br />Scholarships <br />Military Support <br />Environmental Monitoring <br />Wildlife & Trails <br />Senior Nutrition <br />Community Arts <br />Humanitarian Service <br />Contracted Services: If the City contracts for law enforcement or emergency services, gambling <br />funds may be used to pay for those services (excluding pension obligations). Payments must be <br />made directly to the contracted entity. <br />Parks & Memorials: While funds cannot be donated to the parks department, they can be used <br />for: Playground equipment (under youth activities) and Construction or maintenance of veterans <br />memorials (under military recognition)
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