HomeMy WebLinkAbout1980.01.21 ORD 1980-168 ORDINANCE NO . 168
AN ORDINANCE REGULATING AND CONTROLLING THE CONDUCT OF
PERMISSIBLE GAMBLING.
The Council of the City of Hugo ordains :
118-1 . PURPOSE. The purpose of this ordinance is to closely
regulate and control the conduct of permissible gambling.
118-2 . DEFINITIONS . Words and terms used herein shall have
their ordinary meaning and terms used herein that are defined in
Minnesota Statutes, Sections 609.75, 349.12 , and 349 .26, as in effect
at the date of this Ordinance or as thereafter amended, shall have the
meaning defined therein.
118-3. LICENSE REQUIRED. The following licensing requirements
must be met :
Subd. A. Requirement. No gambling occasion shall be conducted
except by an eligible organization which has secured a license
for that purpose, as provided in this ordinance, when conducted
not more than twice in a year by any organization which is
otherwise eligible for a license.
Subd. B. Term. A license shall be valid until December 31 in
the year of the date of issuance .
Subd. C. Fee . The City Council shall by resolution establish
fees for Paddle Wheels, Tip Boards and Raffles.
Subd. D. Council Action. A license application shall be acted
upon by the council no sooner than 30 days and no later than 90
days after the date of application.
Subd. E. Transferability. No gambling license issued may be
transferred to any other person or organization. No gambling
license shall be transferred to any location other than the
location specified in the license, without prior approval by the
council.
118-4. LICENSE APPLICATIONS . every application for a gambling
license shall be made to the City Clerk on a form supplied by the city
and containing such information as the clerk or the council may require .
No person shall make a false statement in an application. Copies of
each application shall be referred to the city' s Police Chief, Fire
Chief, and Building Inspector, for their recommendations. All infor-
mation required on the application shall be maintained current, and the
applicatn shall notify the City Clerk on all changes of conditions
within seven (7) days of the occurence thereof, and failure to maintain
the information current may be a basis for revocation or suspension
of the license .
ti.
c.
118-5 . SUSPENSION OR REVOCATION. The council may suspend for
a period not exceeding 60 days, or revoke, any gambling license for
violation of any provision of Minnesota Statutes, Chapter 349,
Sections 609.75, 609.755, 609.76, 609.761 , or this ordinance. The
holder of the license shall be granted a hearing upon at least 10 days
notice before revocation or suspension is ordered. The notice shall
state the time and place of the hearing and the nature of the charges
against the license.
118-6 . CONDUCT OF GAMBLING. All gambling shall be conducted
as follows:
Subd. A. Gambling Manager. All operation of gambling devices
and the conduct of raffles shall be under the supervision of a
single gambling manager to be designated by the organization.
The gambling manager shall be responsible for gross receipts
and profits from gambling devices and raffles and for their
operation. The gambling manager shall be responsible for using
profits for a proper purpose.
Subd. B. Bond. The gambling manager shall provide a fidelity
bond in the sum of X10,000 in favor of the organization condi-
tioned on the faithful performance of his duties.
Subd. C. Qualifications of gambling manager. The gambling
manager shall be an active member of the organization, and shall
be at least 18 years old, and shall qualify under state law.
Subd. D. Compensation. No compensation shall be paid to any
person in connection with the operation of a gambling device or
the conduct of a raffle by a licensed organization. No person
who is not an active member of an organization, or the spouse
or surviving spouse of an active member, may participate in
the organization's operation of a gambling device or conduct
of a raffle .
118-7. GAMBLING ON LEASED PREMISES . The following limitations
shall apply to all gambling operations conducted on leased property:
Subd. A. Use of Proceeds. Any eligible organization which
leases any premises to one or more other eligible organizations
for purposes including the conduct of gambling occasions shall
use the proceeds of the rental, less reasonable sums for
maintenance, furnishings and other necessary expenses, only
for the uses for which gambling profits may be used, as set out
in Section 118-13 of this ordinance. Not less than once each
year the lessor organization shall report to the City Council
the disposition of all receipts which it has received during
the reporting period from the rental of its facilities to other
organizations for purposes including the conduct of gambling
occassions.
•
• Subd. B. Lease Required. No eligible organization shall
conduct gambling on any leased premises without a written
lease for a term at least equal to the remainder of the term
of the gambling license of the lessee organization. Lease
payments shall be at a fixed monthly rate, or rate per gambling
occasion, not subject to change during the term of the lease .
No such lease shall provide that rental payments be based on a
percentage of receipts or profits from gambling occasions .
118-8. PRIZES . The following limitations on prizes shall be
followed:
Total prizes from the operation of paddle wheels and tipboards
awarded in any single day in which they are operated shall not
exceed 5500.00. Total prizes resulting from any single spin
of a paddle wheel or from any single tipboard shall not exceed
n100.00. Total prizes awarded in any calendar year by any
organization shall not exceed $15,000.00.
118-9 . RECORDS AND REPORTS .
Subd. A. Gross Receipts. Each organization licensed to operate
gambling devices shall keep records of its gross receipts,
expenses and profits for each single gathering or occasion
at which gambling devices are operated or a raffle is conducted.
All deductions from gross receipts for each single gathering
or occasion shall be documented with receipts or other records -
indicating
ecordsindicating the amount, a description of the purchased item or
service or other reason for the deduction, and the receipt.
The distribution of profits shall be itemized as to payee,
purpose, amount, and date of payment.
Subd. B. Separation of Funds. Gross receipts from the operation
of gambling devices and the conduct of raffles shall be segre—
gated from other revenues of the organization, and placed in
a separate account. The person who accounts for gross receipts,
expenses and profits from the operation of gambling devices
or the conduct of raffles shall not be the same person who
accounts for other revenues of the organization.
Subd. C. Monthly Reports. Each organization licensed to
operate gambling devices or to conduct raffles shall report
monthly to its membership, and to the City Clerk, its gross
receipts, expenses and profits from gambling devices or raffles,
and the distribution of profits. The licensee shall preserve
such records for three years .
118-10. BINGO. Nothing in this ordinance shall be construed
to authorize the conduct of bingo without acquiring a separate bingo
license.
118-11 . INSPECTION AND INVESTIGATION. Any city offcial or
employee, having a duty to perform with reference to a gambling license,
and any police officer may inspect and examine the gambling records
of any licensed organization upon 24 hours notice.
118-12 . USE OF RECEIPTS . No expense shall be incurred or
r amounts paid in connection with the conduct of gambling, except those
reasonably expended for gambling supplies and equipment, prizes, rent,
or utilities used uring the gambling occasion, and gambling license
fees.
118-13 . USE OF GAMBLING PROFITS . Profits from any gambling
occasion shall be expended only as authorized by a resolution recorded
in the official minutes at a regular meeting of the licensed organiza-
tion and only for one or more of the following purposes :
a. Benefiting persons by enhancing their opportunity for
religious or education advancement, by relieving or
protecting them from disease, suffering, or distress,
by contributing to their physical well-being, by as-
. _ sisting them in establishing themselves in life as
worthy and useful citizens, or by increasing their
comprehension of and devotion to the principles upon
which this nation was founded.
b. Initiating, performing, or fostering worthy public
works or enabling or furthering the erection or
maintenance of public structures.
c . Lessening the burdens borne by government or volun-
tarily supporting, augmenting, or supplementing
services which government would normally render to
the people .
d. The improving, expanding, maintaining, or repairing
of real property owned or leased by the licensed
organization.
Profits from gambling occasions shall not be expended for the erection
or acquisition of any real property, unless the City Council specifi-
cally authorizes the expenditures after finding that the property will
be used exclusively for one or more of the purposes specified in this
section.
118-14. PENALTIES . Violation of any provision of this ordi-
nance shall be a misdemeanor.
118-15 . EFFECTIVE DATE. This ordinance becomes effective upon
its passage and publication according to law, and upon becoming
effective shall be incorporated in the city code.
Passed by the council this ,,?/'day of -x,«- - , 19 0 .
Marvin LaValle, Mayor
ATTEST:
Carol A. Williams, Clerk/Treasurer
Published in the Forest Lake Times this , ° ' 'day of 7z- � , 19P0 .
II
—LI
ORDINANCE ULATIO.168 STATE OF MINNESOTA
AN ORDINANCE REGULATING AND
CONTROLLING THE CONDUCT OF SS
PERMISSIBLE GAMBLING COUNTY OF Washington
TheCouncilof the City of Hugo ordains: Duane A.Rasmussen,being dulysworn,on oath says he is and duringall the times herein stated has been the publisher
118-1.PURPOSE.The purpose of this andprinter of the newspaper y
ordinance is to closely regulate and known as the Forest Lake Times and has full knowledge of the facts herein stated as follows
control the conduct of permissible
} gambling. Said newspaper is printed in the English language in newspaper format and in column and sheet form equivalent in printed
_ 118-2. DEFINITIONS. Words and space to at least 900 squre inches.Said newspaper is a weekly and is distributed at least once each week.Said newspaper
- terms used herein shall have their or- has SO%of its news columns devoted to news of local interest to the community which it purports to serve and does not
f+ dinary meaning and terms used herein wholly duplicate any other publication and is not made up entirely of patents,plate matter and advertisements.Said news.
I that are defined in Minnesota Statutes,
} Sections 609.75.349.12,and 349.26.as in paper is circulated in and near the municipality which it purports to serve,has at least 500 copies regularly delivered to
effect at the date of this Ordinance or as paying subscribers,has an average of at least 75%of its total circulation currently paid or no more than three months in
thereafter amended, shall have the arrears and has entry as second-class matter in its local post-office.Said newspaper purports to serve the City of Purest
• meaning defined therein. Lake in the County of Washington and it has its known office of issue in the City of Forest Lake in said county,established
118-3. LICENSE REQUIRED. The and open during its regular business hours for the gathering of news,sale of advertisements and sale of subscriptions and
following licensing requirements must maintained by the managing officer of said newspaper or persons in its employ and subject to his direction and control dor
be met: ing all such regular business hours and at which said newspaper is printed. Said newspaper tiles a copy of each issue im
Subd. A. -REQUIREMENT. No mediately with the State Historical Society.Said newspaper is made available at single or subscription prices to any per
gambling occasion shall be conducted son,corporation,partnership or other unincorporated association requesting the newspaper and making the applicable
except by an eligible organization which payment.Said newspaper has complied with all the foregoing conditions for at least one year preceding the day or dates of
has secured a license for that purpose, publication mentioned below.Said newspaper has filed with the Secretary of State of Minnesota prior to January I,1966
as provided in this ordinance. when and each January 1 thereafter an affidavit in the form prescribed by the Secretary of State and signed by the managing of-
conducted not more than twice a year by ficer of said newspaper and sworn to before a notary public stating that the newspaper is a legal newspaper
any organization which is otherwise
eligible for a license.
Subd. B. TERM. A license shall be He further states on oath that the printed Public Notice hereto attached
valid until December 31 in the year of the
date of issuance.
Subd.C.FEE.The City Council shall as a part hereof was cut from the columns of said newspaper, and was printed and published therein in the English
by resolution establish fees for Paddle
Wheels.Tip Boards and Raffles.
.. 'Subd, D. COUNCIL ACTION. A lanuage,once each week,for Orie successive weeks, that it was first so published on Thursday.
•license application shall be acted upon
by the council no sooner than 30 days and 3 t Januar 80
no later than 90 days after the date of the day of y 19 and was thereafter printed and published on every
application.
Subd. E. TRANSFERABILITY. No Thursday to and including the da
gambling license issued may be tran-
sferred to any other person or
organization.No gambling license shall and that the followingis aprinted copyhereby acknowledged transferred to any location other than of the lower case alphabet from A to Z,both inclusive,and is acknowled ed
the location specified in the license. as being the size and kind of type used in the composition and publication of said notice,to wit
without prior approval by the council.
118-4. LICENSE APPLICATIONS. 6-point News Type--abcdefghijklmnopgrstuvwxyz
• Every application for a gambling license
shall be made to the City Clerk on a form 8-point News type--abcdefghijklmnopgrstuvwxyz
supplied by the city and containing such
information as the clerk or the council n
may require. No person shall make a p.,(2,
false statement in an application.Copies
of each application shall be referred to /
the city's Police Chief.Fire Chief.and Subscrib an oro to hefor me this 31 8t day of Jan 19 80
Building Inspector. for their recom-
mendations.All information required on
the application shall be maintained • /
current. and the applicant shall notify I ' t����r-.�:i.0
the City Clerk on all changes of con- .y C.
E ARS
ditiods within seven ill days of the
occurrence thereof. and failure to <'.4 C S�,i 0 COUNTY
maintain the information current may Notary pu hir"''i`.� t,.' _
be a basis for revocation or suspension of lniM iA6irtaYsi�
the license. (NOTORIAL SEAL) My Comm sFpri goptrsiory pi;ES SEPT.1i8,1902 #
—�. w�
118-5. SUSPENSION OR 118-8. PRIZES. The following
REVOCATION. The council may hmitations on prizes shall be followed.
—suspend for a period not exceeding 60— Total prizes from the operation of H
days, or revoke, any gambling license— paddle wheels and tip boards awarded in
-4-7._
for violation of any provision of Min- any single day in which they are
nesota Statutes. Chapter 349, Sections operated shall not exceed$500.00.Total
609.15. 609.155. 609.76• 609.761. or this prizes resulting from any single spin of a
ordinance.The holder of the license shall paddle wheel or from any single tip
be granted a hearing upon at least 10 bo fes awaard rded in any not exceed
calendar.yTotalr by
days notice before revocation or p
suspension is ordered.The notice shall any organization shall not exceed
state the time and place of the hearing $15 800.RECORDSANDREPORTS
and the nature of the charges against the Subd. A. GROSS RECEIPTS. Each
license. Printers Affidavit
118-6.CONDUCT OF GAMBLING.All organization licensed to operate gam-
gambling shall be conducted as follows: Wing devices shall keep records of its,
Subd. A. GAMBLING MANAGER. gross receipts,expenses and profits for
All operation of gambling devices and each single gathering or occasion at
the conduct of raffles shall be under the which gambling devices are operated or •
supervision of a single gambling a raffle is conducted. All deductions Of Palication
manager to be designated by the from gross receipts for each single a��s� 11
organization. The gambling manager gathering or occasion shall be
shall be responsible for gross receipts documented with receipts or other
and profits from gambling devices and records indicating the amount, a
raffles and for their opera OM .Thp description of the purchased item or
gambling manager shall be responsible service or other reason for the deduc-
for using profits for a proper purpose. tion,and the receipt.The distribution of
Subd. B. BOND. The gambling profits shall be itemized as to payee, County
shall provide a fidelity bond in ,purpose,amount,and date of payment. of Washington
the sum of $10.000 in favor of the Subd.B.SEPARATION OF FUNDS.
organization conditioned on the faithful Gross receipts from the operation of
performance of his duties. gambling devices and the conduct of STATE Of MINNESOTA
Subd. C. QUALIFICATIONS OF raffles shall be segregated from other
„AMBLING MANAGER.The gambling revenues of the organization,and placed
manager shall be an active member of in a separate account.The person who
the organization,and shall be at least 18 accounts for gross receipts, expenses
years old,and shall qualify under state and profits from the operation of
law. gambling devices or the conduct of
Subd. D. COMPENSATION. No raffles shall not be the same person who
compensation shall be paid to any accounts for other revenues of the 1a 1i• Memo Of
person in connection with the operation organization.
.,f a gambling device or the condia.t of a Subd. C. MONTHLY REPORTS.
raffle by a licensed organization. No Each organization licensed to operate
person who is not an active member of gambling devices or to conduct raffles
an organization, or the sponse or sur- shall report monthly to its membership b.Initiating,performing.or fostering
viving spouse of an active member,may and to the City Clerk its gross receipts, worthy public works or enabling or
participate in the organization's expenses and profits from gambling furthering the erection or maintenance
operation of a gambling device or devices or raffles,and the distibution of of public structures.
conduct of a raffle. pro6 s.The licensee shall preserve such c. Lessening the burdens borne by
118-7 GAMBLING ON LEASED records for three years. government or voluntarily supporting,
PREMISES. The following limitations 118-10. BINGO. Nothing in this or- augmenting,or supplementing services
shall apply to all gambling operatic. dinance shall be construed to authorize which government would normally
conducted on leased property: the conduct of bingo without acquiring a render to the people.
Subd.A.USE O PROCEEDS.Any separatPhongnlieense. d.The improving, expanding,
118-11. INSPECTIONN maintaining, or repairing of real
eligible organization which leases am AND IVESTIGATION. Any city official or property owned or leased by the licensed
premises to one or more other eligible employee,having a duty to perform with organization.
organizations for purposes including the reference to a gambling license,and any Profits from gambling occasions shall
conduct of gambling occasions shall use police officer may inspect and examine not be expended for the erection or
the proceeds of the rental, less the gambling records of any licensed acquisition of any real property,unless
reasonable sums for maintenance, organization upon 24 hours notice. the City Council specifically authorizes
furnishings and other necessary ex- 118-12. USE OF RECEIPTS. No ex- the expenditures after finding that the
penses, only for the uses for which pense shall be incurred or amounts paid property will be used exclusivelyfor one •
in section 11 fits may be used.as set out in connection with the conduct of or more of the purposes specifiein this
in Section 118-13 of this ordinance_Not gambling, except those reasonably section.
less than once each year the lessor expended for gambling supplies and 118-4. PENALTIES. Violation of any
organization shall report to the City equipment,prizes,rent,or utilities used provision of this ordinance shall be a LD 19
Council the disposition of all receipts during the gambling occasion, and misdemeanor.
which it has received during the gambling license fees. 118-5. EFFECTIVE DATE. This or-
reporting period from the rental of its 118-13. USE OF GAMBLING dinance becomes efective upon its
facilities to other organizations for PROFITS. Profits from any gambling passage and publication according to
purposes including the conduct._Of occasion shall be expended only as law,and upon becoming effective shall
gambling occasions. authorized by a resolution recorded in be incorporated in the City code.
Subd. R. LEASE HEW.'shall It 'm No the official minutes at a regular meeting Passed by the Council this 21st day of
eligible organization shall conduct i of the licensed organization and only for January,1980.
,.gambling on any leased premises one or more of the following purposes:
without a written lease for a term at a. Benefitingpersons by enhancing /s/Marvin LaValle
least equal to the remainder of the term their opportunity for religious or Marvin LaValle
of the gambling license of the lessee education advancement,by relieving or Mayor
organization. Lease payments shall be protecting them from disease,suffering, ATTEST:
at a fixed monthly rate, or rate per or distress, by contributing to their /s/Carol A.Williams
gambling occasion, not subject to physical well-being,by assisting them in Carol A.Williams
change during the term of the lease.No establishing themselves in life as worthy Clerk-Treasurer
such lease shall provide that rental and useful citizens, or by increasing
paymetns be based on a percentage of their comprehension of and devotion to (Published in the Forest Lake Times
receipts or profits from gambling oc- the principles upon which this nation January 31,19.801
— rasions. was founded.
I f 'f I [