HomeMy WebLinkAboutOrdinance 835ORDINANCE NO. 835
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
AN ORDINANCE AMENDING TITLE 500 OF THE MOUNDS VIEW
CITY CODE BY CREATING A NEW CHAPTER 518 REGULATING
LAWFUL GAMBLING AND AMENDING TITLE 500, SECTIONS 502.13
AND 503.09, TO BE CONSISTENT WITH THE NEW CHAPTER 518
THE CITY OF MOUNDS VIEW, MINNESOTA, ORDAINS:
SECTION 1. The City Council of the City of Mounds View hereby amends Title 500 ofthe
Mounds View Municipal Code by adding Chapter 518 as follows:
Section
518.01 Adoption of State Law by Reference
518.02 Purpose
518.03 Definitions
518.04 Applicability
518.05 Lawful Gambling Permitted with Council Approval
518.06 Application and Local Approval of Premises Permits
518.07 Local Permits
518.08 Revocation and Suspension of Local Permit
518.09 License and Permit Display
518.10 Notification of Material Changes to Application
518.11 Designated Trade Area
518.12 Records and Reporting
518.13 Hours of Operation
518.14 Penalty
518.15 Severability
518.01: ADOPTION OF STATE LAW BY REFERENCE:
The provisions of Minnesota Statutes, Chapter 349, as they may be amended from time to time, with
reference to the definition of terms, conditions of operation, provisions relating to sales, and all other
matters pertaining to lawful gambling are hereby adopted by reference and are made a part of this
ordinance as if set out in full. It is the intention of the Council that all future amendments of
Minnesota Statutes, Chapter 349, are hereby adopted by reference or referenced as if they had been in
existence at the time this ordinance was adopted.
518.02: PURPOSE:
The purpose of this ordinance is to regulate lawful gambling within the City of Mounds View to
ensure the integrity of operations, and to provide for the use of net profits only for lawful purposes.
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518.03: DEFINITIONS:
In addition to the definitions contained in Minnesota Statutes, Section 349.12, as it may be amended
from time to time, the following terms are defined for purposes of this ordinance:
BOARD, as used in this ordinance, means the State of Minnesota Gambling Control Board.
CITY, as used in this ordinance, means the City of Mounds View.
COUNCIL, as used in this ordinance, means the City Council of the City of Mounds View.
LICENSED ORGANIZATION, as used in this ordinance, means an organization licensed by the
Board.
LOCAL PERMIT, as used in this ardinance, means a permit issued by the City.
TRADE AREA, as used in this ordinance, means the City, Blaine, Shoreview, Arden Hills, New
Brighton, Fridley, and Spring Lake Park.
518.04: APPLICABILITY:
This ordinance shall be construed to regulate all forms of lawful gambling within the City except
bingo conducted pursuant to Minnesota Statutes, Sections 349.166, subdivisions 1(b), as amended
from time to time.
518.05: LAWFUL GAMBLING PERMITTED WITH COUNCIL APPROVAL:
Lawful gambling is permitted within the City provided it is conducted in accordance with Minnesota
Statutes, Sections 609.75-609.763, inclusive, as they may be amended from time to time; Minnesota
Statutes, Sections 349.11-349.23, inclusive, as they may be amended from time to time; and this
ordinance. Lawful gambling shall not be conducted unless approved by the Council, with the
exception of exempt or excluded lawful gambling as provided for in Minnesota Statutes, Section
349.11.
518.06: APPLICATION AND LOCAL APPROVAL OF PREMISES PERMITS:
Subd. 1. Any organization seeking to obtain a premises permit or renewal of a premises permit
from the Board shall file with the clerk-administer an executed, complete duplicate application,
together with all exhibits and documents accompanying the application as will be filed with the
Board.
Subd. 2. Upon receipt of an application for issuance or renewal of a premises permit, the clerk-
administer shall transmit the application to the chief of police for review and recommendation.
Subd.3. The chief of police shall investigate the matter and make the review and
recommendation to the City Council as soon as possible, but in no event later than forty-five (45)
days following receipt of the notification by the City.
Page 2
Subd. 4. Organizations applying for a state issued premises permit shall pay the City an annual
$100 investigation fee. This fee shall be refunded if the application is withdrawn before the
investigation is commenced.
Subd. 5. The applicant shall be notified in writing of the date on which the Council will
consider the recommendation.
Subd. 6. The Council shall receive the police chief s report and consider the application within
forty-five (45) days of the date the application was submitted to the clerk-administer.
Subd. 7. The Council shall, by resolution, approve or disapprove the application within sixty
(60) days of receipt of the application.
Subd. 8. The Council shall deny an application for issuance or renewal of a premises permit for
any of the following reasons:
(a) Violation by the gambling organization of any state statute, state rule, or city
ordinance relating to gambling within the last three (3) years.
(b) Violation by the on-sale establishment, or organization leasing its premises for
gambling, of any state statute, state rule, or city ordinance relating to the operation of the
establishment, including, but not limited to, laws relating to alcoholic beverages, gambling,
controlled substances, suppression of vice and protection of public safety within the last three (3)
years.
(c) Lawful gambling would be conducted at premises other than those for which an on-
sale liquor license has been issued.
(d) Lawful gambling would be conducted at more than two (2) premises within the City.
(e) Failure of the applicant to pay the investigation fee required by this Section within the
prescribed time limit.
(~ Operation of gambling at the site would be detrimental to health, safety, and welfare
of the community.
(g) The applicant's registered place of business is not within the Trade Area. This
requirement may be waived by the Council for good or just cause, at the Council's sole discretion, if
it is in the interest of the Community to do so.
Otherwise the Council shall pass a resolution approving the application.
518.07: LOCAL PERMITS:
The City of Mounds View does not require that organizations conducting lawful gambling excluded
or exempted from state licensure requirements (Minnesota Statutes, Section 349.166, as it may be
amended from time to time) obtain a Local Permit. The organization shall provide proof of state
exemption or exclusion if requested by the City.
518.08: REVOCATION AND SUSPENSION OF LOCAL PERMIT:
Subd. 1. A local permit may be revoked, or temporarily suspended for a violation by the
gambling organization of any state statute, state rule, or city ordinance relating to gambling.
Page 3
Subd. 2. A license shall not be revoked or suspended until written notice and an opportunity
for a hearing have first been given to the permitted person. The notice shall be personally served or
sent by certified or registered mail. If the person refuses to accept notice, notice of the violation shall
be served by posting it on the premises. Notice shall state the provision reasonably believed to be
violated and shall also state that the permitted person may demand a hearing on the matter, in which
case the permit will not be suspended until after the hearing is held. If the permitted person requests
a hearing, the Council shall hold a hearing on the matter at least one week after the date on which the
request is made. If, as a result of the hearing, the Council finds that an ordinance violation exists,
then the Council may suspend or revoke the permit.
518.09: LICENSE AND PERMIT DISPLAY:
All permits issued under state law or this ordinance shall be prominently displayed during the permit
year at the premises where gambling is conducted.
518.10: NOTIFICATION OF MATERIAL CHANGES TO APPLICATION:
An organization holding a state issued premises permit or a local permit shall notify the City within
ten (10) days in writing whenever any material change is made in the information submitted on the
application.
518.11: DESIGNATED TRADE AREA:
Subd. 1. Each organization licensed to conduct gambling within the City shall expend at least
seventy-five percent (75%) of its lawful purpose expenditures on lawful purposes conducted within
the City's Trade Area.
Subd. 2. This section applies only to lawful purpose expenditures of gross profits derived from
gambling conducted at a premises within the City's jurisdiction.
518.12: RECORDS AND REPORTING:
Subd. 1. Organizations conducting lawful gambling shall file with the clerk-administer one
copy of all records and reports required to be filed with the Board, pursuant to Minnesota Statutes,
Chapter 349, as it may be amended from time to time, and rules adopted pursuant thereto, as they
may be amended from time to time. The records and reports shall be tiled on or before the day they
are required to be filed with the Board.
Subd. 2. Organizations licensed by the Board shall file a report with the City proving
compliance with the trade area spending requirements imposed by Section 518.12 (Designated Trade
Area). Such report shall be made on a form prescribed by the City and shall be submitted annually
and in advance of application for renewal.
Page 4
518.13: HOURS OF OPERATION:
Lawful gambling shall not be conducted between 1 a.m. (or 2 a.m. if the premises has been approved
for the extended bar closing time) and 8 a.m. on any day of the week.
518.14: PENALTY:
Any person who violates:
(a) Any provision of this ordinance;
(b) Minnesota Statutes, Sections 609.75-609.763, inclusive, as they may be amended from time
to time; or
(c) Minnesota Statutes, Sections 349.11-349.21, as they may be amended from time to time or
any rules promulgated under those sections, as they may be amended from time to time shall be
guilty of a misdemeanor and shall be subject to a fine of not more than $1,000 or imprisonment for a
term not to exceed ninety (90) days, or both, plus in either case the costs of prosecution. In addition,
violations shall be reported to the Board and recommendation shall be made for suspension,
revocation, or cancellation of an organization's license.
518.15: SEVERABILITY:
If any provision of this ordinance is found to be invalid for any reason by a court of competent
jurisdiction, the validity of the remaining provisions shall not be affected.
SECTION 2. The City Council of the City of Mounds View hereby amends Title 500,
Chapter 502, of the Mounds View Municipal Code by an~ending Section 502.13, subdivision 2, as
follows:
Subd. 2. Gambling Devices:
a. No licensee shall keep, possess or operate or permit the keeping, possession or
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or "Las Vegas" events where guests are allowed to participate in gambling activities,
except when said guests are not required to provide monetary consideration l~-~l~e~k~
to participate in the event.
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SECTION 3. The City Council of the City of Mounds View hereby amends Title 500,
Chapter 503, of the Mounds View Municipal Code by amending Section 503.09, subdivision 8, as
follows:
Subd. 8. Gambling and Gambling Devices:
a. No licensee shall keep, possess or operate or permit the keeping, possession or
operation of any ~'~~* ^~~',~•~°~~. ~'~~~° ~ ~ gambling '°~~~^~ ^ ~'~~:~ equipinent on
the licensed premises or in any room adjoining the licensed premises in violation of
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b. No licensee shall conduct or permit to be conducted on any licensed premises "casino"
or "Las Vegas" events where guests are allowed to participate in gambling activities,
except when said guests are not required to provide monetary consideration (=~k~~
to participate in the event.
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SECTION 4. This ordinance shall take effect and be in force 30 days from and after its passage and
publication, in accordance with Section 3.09 of the City Charter.
Reintroduction and First Reading: March 8, 2010
Second Reading and Adoption: March 22, 2010
Publication Date: April l, 2010
e ahe or
Attest:
~,~L;v~.
Jim Ericson, Clerk-Administrator
(seal)
Page 7
ORDI NANCE SU M MARY
ORDINANCE 835
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
AN ORDINANCE AMENDING TITLE 500 OF THE MOUNDS VIEW CITY
CODE BY CREATING A NEW CHAPTER 518 REGULATING LAWFUL
GAMBLING AND AMENDING TITLE 500, SECTIONS 502.13 AND
503.09, TO BE CONSISTENT WITH THE NEW CHAPTER 518
On March 22, 2010, the Mounds View City Council approved Ordinance 835 which amends
the Title 500 of the Mounds View City Code by creating a new Chapter 518 regulating
lawful gambling and amending Chapters 502 and 503 relating to liquor licenses to clarify
and update the lawful gambling regulations. Three issues are worth noting for the
purposes of this summary:
While discussed, the Council chose to NOT establish a"10% fund"
Premises permits will only be approved for licensed organizations located
within the City's trade area, defined as Mounds View and the surrounding
municipalities.
Exempted or excluded lawful gambling activity as specified in MN Statutes
will no longer need a permit from the City
The Ordinance was first read on March 8, 2010, was adopted on March 22, 2010, was
published on April 1, 2010, and will become effective on April 30, 2010.
The ordinance is on file and available for public viewing at the office of the Clerk
Administrator. The ordinance is posted in its entirety on the City's website, located at
www.ci.mounds-view.mn.us
~ ~~~ ~~~~~~~
Jim Ericson
Clerk-Administrator