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Home My WebLink AboutOrdinance 965ORDINANCE NO. 965 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE AMENDING TITLE 500, CHAPTER 518, OF THE MOUNDS VIEW CITY CODE RELATED TO LAWFUL GAMBLING THE CITY OF MOUNDS VIEW ORDAINS: SECTION 1. The City Council of the City of Mounds View hereby amends Title 500, Chapter 518.06, of the Mounds View Municipal Code by adding the double -underlined material and deleting the str-ieken material as follows: 518.06: APPLICATION n ND r OC n r APPROVAL OF PREMISES PERMITS: Subd. 1. Any organization seeking to obtain a premises permit of ffom the Be^ra shall file with the City Administrator an executed, complete duplicate application, together with all exhibits and documents accompanying the application as will be filed with the State Board. (Amended, Ord. 844, 5-20-10) Subd. 2. Upon receipt of an application for- issua ee or al of a premises permit, the City Administrator shall transmit the application to the chief of police for review and recommendation. (Amended, Ord. 844, 5-20-10) Subd. 3. The chief of police shall investigate the Fnattei- make the review and recommendation to the City Council as soon as possible, but in no event later than €6t4y-fik, (45* gn I 11)1 ►%orking days following receipt of the notification by the City. Subd. 4. Organizations applying for a state issued- premises permit shall pay the City,1 an annual one hundred dollars ($100.00) 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 This fee shall be refunded if the application is withdrawn before the investigation is commenced.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 r^'^* i Nr a 12remises permit. Subd. 6. The Council shall Feeeiveihe polic-eehiers ..epoF..,n consider the application within forty-five (45) days of the date the application was submitted to the City Administrator. (Amended, Ord. 844, 5-20-10) 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' o.,ewal o a premises permit for any of the following reasons: Ordinance No. 965 Page 2 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. f. 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. SECTION 2. The City Council of the City of Mounds View hereby amends Title 500, Chapter 518.08, of the Mounds View Municipal Code by adding the duuble-underlined material and deleting the stricken material as follows: 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. Subd. 2. A license ermit 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 Ordinance No. 965 Page 3 hearing is held. If the permitted person requests a hearing, the Council shall hold a hearing on the matter at least one (1) 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. SECTION 3. The City Council of the City of Mounds View hereby amends Title 500, Chapter 518.09, of the Mounds View Municipal Code by adding the doubIg-undtHined material and deleting the s#iekert material as follows: 518.09 LICENSE AND PERMIT DISPLAY: All perms licenses issued under state law or Permits issued under this Section shall be prominently displayed damn thO .,eFi"it Nvaf: at the premises where gambling is conducted. SECTION 4. The City Council of the City of Mounds View hereby amends Title 500, Chapter 518.12, of the Mounds View Municipal Code by adding the d-puble-underlined material as follows: CONTRIBUTION OF NET PROJEJ15TOFUNDADMINIST.EREDY organizationwithin the 'i pun u) ti 349,10. as it may be ainknd-rAH-'rom timv-W s its nitt v rofits d e rived fro in the C.'itr• to a f -U 0d administerg-d an d regulated by the -CRY with gut a est t t fA nd. 1 all be mde a a l on ur before Ma_rch1 calendarfor the-arjor _ 11_b � submitted together with rerif aW s The City shall se thp, t' n Minnesota Statutes Section 349.1 Z, Subdivision 7a, as it may be apien ._ed ft_jim to time. The City must, bar IViarch15 sof each year, file a wort with the board tha Hsts _ n Z _ . 'r -ed on ffind balanLes. and itu rgs fo r the U rev io us calendar year and must adwo-%ledge nancial controbutions of organizatiQns conductingi ni f thyJunds- Ordinance No. 965 Page 4 542 518.13 RECORDS AND REPORTING Subd. 1. Organizations conducting lawful gambling shall file with the City Administrator one (1) 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 filed on or before the day they are required to be filed with the Board. (Amended, Ord. 844, 5-20-10) Subd. 2. Organizations licensed by the Board shall file a report with the accentabi to the City proving compliance with the trade area spending requirements imposed by Section 518.12 (Designated Trade Area). Such report shall be msec on •_ 44 M - � by .he City and shal1 be submitted annually afi4 -i+} -a4v SECTION 5. The City Council of the City of Mounds View hereby amends Title 500, Chapter 518.13, of the Mounds View Municipal Code by adding the i[ uublc underhn�d material and deleting the material as follows: 518.1-3 518.14 HOURS OF OPERATION: Lawful gambling shall not be conducted between one o'clock (1:00) a.m. (or two o'clock (2:00 A.M. if the premises has been approved for the extended bar closing time) and eight o'clock (8:00) A.M. on any day of the week. SECTION 6. The City Council of the City of Mounds View hereby amends Title 500, Chapter 518.14, of the Mounds View Municipal Code by adding the double -underlined material and deleting the siert material as follows: 518.14 518.15 PENALTY: Any person who violates: (a) Any provision of this Section; (b) Minnesota Statutes, Sections 609.75-609.763, inclusive, as they maybe 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 maybe amended from time to time shall be guilty of a misdemeanor and shall be subject to a fine of not more than one thousand dollars (S 1,000.00) 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. Ordinance No. 965 Page 5 SECTION 7. The City Council of the City of Mounds View hereby amends Title 500, Chapter 518.15, of the Mounds View Municipal Code by adding the double -underlined material and deleting the str-ie-ken material as follows: 518.15 518J SEVERABILITY: If any provision of this Section 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 8. In accordance with Section 3.07 of the City Charter, City staff shall have the following summary printed in the official City newspaper in lieu of the complete ordinance: On August 26, 2019, the City Council adopted Ordinance 965 that amends Title 500, Chapter 518, of the Mounds View City Code. The purpose of the amendment was to modify certain city regulations related to lawful gambling in the City of Mounds View. A printed copy of the ordinance is available for inspection during regular business hours at Mounds View City Hall and is available on line at the City's web site located at www, moundsviewmn.or-R. SECTION 9. 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. Introduction and First Reading by the Mounds View City Council on August 12, 2019. Second Reading and Adoption by the Mounds View City Council on August 26, 2019. Publication Date: September 4, 2019. Carol A. Mueller, Mayor Attest: Ah � , J Nyle ikm , City Administrator (SEAL)