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-3- 4. close by 10:30 P.M. ; • 5. allow no alcohol to be consumed on the premises; and 6. prohibit anyone under 18 years of age from the premises. In granting the permit, the Council finds, as did the Planning Commission, that the conditional use permit: a. is one of the conditional uses specifically listed for the zoning district in which it is located; b. will not be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity or injurious to property values or improve- ments in the vicinity; c. is necessary or desirable at the above location to provide a service or a facility which is in the interest of public convenience and will contribute to the general welfare of the neighborhood or community; and The Council finds further that the public had not yet been fully informed about what was being requested at Apache Plaza when the Commission held their hearing and had reacted negatively to the concept since an article on the request had run in the St. Anthony Bulletin. Before taking the vote on the motion, the Mayor opened the floor to discussion by interested parties. • Mr. Wheeler explained that he was president of a company which provides consulting services for charitable organizations (as opposed to non-profit) related to raising money through gambling activities like the bingo and pull tabs requested for the proposed facility in Apache. He reported that after discussing the matter with the City Manager after the Commission hearing, the decision had been made to drop Disabled Veteran Recreation, Inc. from the charities who would be participating in this project because a "very thorough" investigation by Commissioner Madden had revealed the organization, although registered with the Secretary of State and exempt from paying both federal and state taxes, had not complied with the state requirement of also registering with the Minnesota Department of Commerce. Mr. Schmidt, an Executive Director of Allied Charities of Minnesota as well as an associate of Mr. Wheeler in Fund Raisers, inc. , had distributed copies of his September 19th letter to the Executive Secretary of the Gambling Board recommencing the application form the state requires the charities to file with them include proof of registration with the Department of Commerce to bring the form into line with the existing law. Mr. Wheeler told the Council that if by restricting the total sessions at the Apache location to a four week rather than the maximum of four session per week per charity, the intent of their motion had been to prevent the facility altogether, they would have accomplished that purpose because the fund raisers would have to advise the charities that a "break even or loss" situation would result because the cost of the lease would prevent them from maximizing their returns.