HomeMy WebLinkAbout2025-17CITY OF LAKE ELMO
COUNTY OF WASHINGTON
STATE OF MINNESOTA
ORDINANCE NO.2025-017
AN ORDINANCE AMENDING THE LAKE ELMO CITY CODE OF ORDINANCES BY
AMENDING CHAPTER 11.04 RELATING TO LAWFUL GAMBLING
SECTION 1. The City Council of the City of Lake Elmo hereby ordains that Chapter 11.04
of the City's Code of Ordinances is hereby amended by changing the following Sections
11.04-I — 11.04-III (proposed language is underlined, deleted language is shown with
strip:
11.04.160. Definitions
(a) Board. The Minnesota gambling control board.
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44-.04"011.04.165. Lawful Gambling Permitted
Lawful gambling, as defined in M.S.A. § 349.12, subd. 24, as it may be amended from time to
time, is permitted in the city if the organization conducting the gambling meets all of the
following criteria:
(a) It is licensed by the s'�tte la �ntrel'board, and is in compliance with
M.S.A. § 349, as it may be amended from time to time;
(b) It is a tax-exernpt fraternal, relliions, veterans, or other non-profit organization.
F...«., tiaw,o LRFLV,
to i o.
(C-}—.- Itmaintainsad&e59-v4diin4h eityf
C)u It has at least 15 active members at the time of its initial license application and at
least 13 members eligible to vote on gambling matters thereafter;
(d)fd) It has been in existence as a non-profit corporation or as a Gao�an
organization designated as exem tp from the payment of income taxes by th
Internal Revenue Code year
prior4o the date the gambling -operation -begins;
(e) It has identified a qualified >?ambling manager and
�f It does not exist for the sole purpose of conducting gambling.
(gj--Gharitabls g^ �1 t: " 1. ;t , t --at-CM—al, et a eteran3 - other n. profit
OHS, Yr
erganizatlonS-auc�pernranel3t year reund-liven.
♦' i.. 1, it h' i�fttct_=, ^tMi.^i,",7 „A p ^ting�
erty;-arid
(4)_ I-e�pli S-� h-a119f-ill"rovlsiens-of-LEG44-.04:i69 etseq.
11.04.170 Filing Of Records; Inspections; Access To Records
(a) Reports. Every organization licensed to desiring to conduct lawful gambling within
the city shall file with the ciityadministrator copies of all records and reports
required to be filed with the ate fill -gig eoia#el board pursuant to M.S.A.
ch. 349, as it may be amended from time to time, and the rules and regulations
promulgated by M.S.A. ch. 349, as it they may be amended from time to time. The
records and reports shall be provided to the cif due at the same time they are
provide d due to the board.
(O 2j Inspection of records. mpiayties oft -he ei�y''spollee-d€par4nent The city's law
enforcement officers may inspect, at any reasonable time, without notice or search
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warrant, all records of a licensed organization, including gambling accounts and
other bank records which are required, by the state lawful gambling ^^„t~^' board,
to be maintained and preserved.
11.04.180 Approval of Premises Permit
(a) Notification of application. An organization applying for a lawful gambling license
location within the city. Therefore, the organization desiring to conduct lawful
gambling at a location within the city must make an application to the city for a
premises permit. The state lawful gambling eentrol board shall notify the eouneil
pefmit at least 60 days bef6re—issuing or .. the license Eae .. „ends,
n'Ppl-i'^vativr for a premises pennit ..hall be a .ed -d sappreyed by «e. eltif;..„ ..F
*te-coune-i-l:
(b) Premise permit application Piling. Any organization applying to the st^taro-lawffil
gambling eentrol board for a premises permit to conduct lawful gambling at any
specific location within the city bingo Jud license or for- the ' of the
permit to „duet la .,fµ1 gambling the 't.
p....... .. ...... w.. + ga++ �a�r shall, within ten days of
submitting the application for the premises permit with the board, file a premises
permit application that must include a copy of the applicant's application with the
state followin with the gitty administrator:.
(1A dWl "nta ^„y of the state 1a ful gambling ^„trol Loaf,a„plieation along
b
wid,,1 ?•-sapporting-dom e,nts submitted to the state 1.....F.,1 g ,ibli«.. eontrol
board; 1
(2) of the article o f „d bylaws „F_the_� / cy j c articles .. ..... rpo.w +v.. ur+ a v organization;
a,„e ,.l a.1,7«_ .,Fall .,FF.ae and .1:« etc eF the ti„ saes m a e «a organization;
/A\ A copy of the orga„ization's written preeedures and/or oriteria F di t..;h ti
ofi-Ands did F... 1 f 1 mbl; ;ts sta„.1ardi ed pl: at;.. F „'
n-acixvc'-crrroi+r+n�dvxui-ga,. ^, "n, ^
procedures;
and
(5) A eopy of the T„ternal Revenue Ce,...:ae's ta., exempt lette«
(c) Investigation. Upon receipt of the materials required by subsection (b) of this
section an not later than 60 days F.em «eee;„t of „^tine fmi the state lawful
gambling ae„t~^' hea«,1 city staff shall investigate the applicant and, based upon
the investigation, the council shall act on the application.
(d) Approval; denial. The action of the council to approve an application for a premises
permit er-a-bingo hall 'i^e„se within the city shall be by resolution. Failure to
application.
(e) Resolution. A copy of the council resolution will be sent to the board and the license
premises permit applicant upon request.
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( Copies. Copies of any other reports or documents which are required to be
subsequently filed by the organization with the state lawU '-ambling eefftrel board,
including monthly financial statements, shall be filed with the city within ten days
of filing the materials with the * *�'lg-eentrel board.
11.04.190 Locations
(a) Maximum number. The maximum number of locations where lawful gambling may
be conducted within the city is ten.
(b) Allotment to single organization. No single organization may conduct lawful
gambling at more than three locations within the city.
(c) Compliance. No location shall be approved for gambling a premises en nnit unless
it complies with the applicable zoning, building, fire, and health codes of the city.
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444a441011.04.200 Gambling Manager
Before any person may serve as a gambling manager for any organization licensed to conduct
gambling in the city, that person must have a valid au mbling manager license issued by the board
Sati fa8i6.:1y complete -A ..e skate lawful ...«Ming ,.,.,,a,.,.1
beard l a apt 1�e�pensibiltes eft' 11;
t�14 Y14 011,04,210 Contributions
(a) Percentage. Each organization conducting lawful gambling within the city shall
contribute ten percent of its net profits derived from lawful gambling in the city to
a fund administered and regulated by the city without cost to the fund for
disbursement by the city for lawful-purpeses charitable contributions as defined by
M.S.A. § 349.12, subd. 24, as it may be amended from time to time. The city's use
of the funds shall be determined at the time of adoption of the city's annual budget
or at the time of amendments to the budget.
(b) Reporting requirement. The ten percent contribution imposed by this section shall
be reported to the city by the organization on a duplicate copy of the organization's
gambling tax return filed with the state lawf u ,....,Ming eentral board each month.
The report shall be an exact duplicate of the report filed with the st e4a
gambling-eotit-rel board without deletions or additions and must contain the
signatures of organization officials as required on the report form.
(c) Reporting deadline.
(1) The contribution and the report due must be postmarked or, if hand -delivered,
received in the office of the city administrator on or before the last business day
of the month following the month for which the report is made.
(2) An incomplete report will not be considered timely filed unless corrected and
returned by the due date for filing. Delays in the mailing, mail pick-ups, and
postmarking are the responsibility.ofthe.organization.
(3) The report and contribution shall be delivered to:
City of Lake Elmo
39W 3880 Laverne Avenue North
Lake Elmo, MN 55042
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(d) Payment. Checks shall be made payable to: "City of Lake Elmo."
(e) Interest. There shall be an interest charge of eight percent per annuln on the unpaid
balance of all overdue contributions owed by an organization under this section.
C_
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(g)ff Exemption. The receipts from lawful gambling of an organization that is
exempt from licensing under M.S.A. § 349.166, as it maybe amended from time to
time, are not subject to the contribution imposed by this section.
(h)(g) Evaluation ofpurpose offunds. The City will evaluate yearly the purposes
for which the funds will be used.
A41 organizations conducting ductinglawPal gambling within the eity shall within 30 ,lays of the endn4'
n1. month, pay to the nit. .,t equal-
to & „t of tl.n
c[v[i vptn from lawful
gambling tiling nn, ducted in the + month, tn..., n .«t., nnt., nll.. paidpaidfor- ««..,_.,. 4n never 41.n
eitoy s law enforcement and..... ..ITT';, sts in regulating lawful gambling,
"" ^rr 04.4 0 11.04.220 Trade Area Requirement
Every organization conducting lawful gambling within the jurisdiction of the city shall expend
100 en rcent all of its expenditures fo�ar!Upurpeses on lawful purposes conducted or located
within the city's trade area.
1'.°To-^.-.''�°0 11.04.230 Gambling Exempt From State Licensing Requirements
(a) Organizations which conduct lawful gambling which are exempt from state
gambling licensing requirements (pursuant to M.S.A. § 349.166, as it may be
amended from time to time) may conduct gambling within the city upon receipt of
a permit from the city e ept that n permit i not requiredif then za n
".oFar.4 oc noon nn
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(b) (1) Application. An application for the permit shall be made at least 30 days prior
to the date the gambling shall will be conducted. The application shall contain
the following:
a. The name of the organization;
b. The address of the organization;
c. The place where the gambling will occur; and
d. The total prizes to be awarded.
(3) (2) Permitted classes ofgambling. Permits for all classes of gambling activities
may be approved.
(4) (3) On -sale premises. Lawful gambling by an organization exempt from
licensing may be conducted on the premises of a licensed on -sale liquor, wine,
or beer establishment or a bottle club, subject to the restrictions in LEC
11.04.160 et seq. relating to the conduct of gambling in on -sale establishments
and bottle clubs.
(4) (4) Consumption; possession; 3.2 percent malt liquor.
a. Except as provided in this subsection (b)(5), the sale, consumption, and
possession of intoxicating liquor at a gambling event by an exempt
organization shall be prohibited.
b. However, 3.2 percent malt liquor may be served and consumed, but
only under a valid temporary on -sale beer license.
_C5J Compliance; notice. The organization shall comply with all statutory
requirements for an exempt organization, including the 30-day notice
requirement to the city, pursuant to M.S.A. § 349.166, subd. 2(4), as it may be
amended from time to time.
(7) 0 Filing of report. Within 30 days after filing any reports with the ate la fid
gambling eentrol board, the organization shall file a copy of the reports with the
City.
SECTION 2. Effective Date. This ordinance shall become effective immediately upon adoption
and publication in the official newspaper of the City of Lake Elmo.
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SECTION 3. Adoption Date. This Ordinance was adopted on this day of
, 2025, by a vote of _ Ayes and Nays.
LAKE ELMO CITY COUNCIL
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Gharl — • enhead Mayoar--
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ATTEST:
City
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