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9,c) Gambling Premises Permit, Chisago Lakes Athletic Assoc. at Mi Casita Mexican Grill . , . � Meeting Date: 04/19/2011 Agenda Item: � C� City Council Agenda Report City of Scandia 14727 209th St. North Scandia, MN 55073 (651) 433-2274 Action Requested: Consider whether to approve a Lawful Gambling Premises Permit for the Chisago Lakes Area Recreation Association (dba L.A.R.A.) at the Mi Casita Mexican Grill, 21050 Ozark Ave. N. . Deadline/Timeline: 60 days (5/28/11) after receipt (3/29/11) of the application. Background: • Ordinance No. 100, adopted on March 6, 2007 governs lawful gambling within the city. The purpose of the ordinance is to "regulate lawful gabling within the City, to prevent its commercialization, to ensure the integrity of operations, and to provide for the use of net profits only for lawful purposes. " The ordinance establishes the qualifications that must be met by organizations and premises for gambling. • Only certain organizations are authorized to conduct lawful gambling in Scandia. They must be licensed by the state (as is the applicant) and also meet at least one of five criteria in the ordinance (Section 7.) L.A.R.A. does not meet criteria (B) through (E), but appears to meet criteria (A)—at least 15 members that are residents of Scandia. The organization sponsors athletic programs for children attending schools in the Chisago Lakes (ISD 2144) district, which includes area in the northwest portion of Scandia. According to their bylaws, a parent who enrolls their child in one of their sponsored programs is considered to be a member of the organization. L.A.R.A. provided a list of participants, and it appears that there were approximately 28 Scandia families participating. • The ordinance(Section 8) also specifies the qualifications of the personnel/gambling manager of the organization. Review of the application included a criminal background check on the gambling manager and a review of state licensing information by the Washington County Sheriff's office. After clearing up some initial confusion about the entity applying for the permit, no reason to deny the application was found. • The ordinance (Section 10 (I)) includes several criteria upon which an application for a premises permit may be denied. For this application, two of the criteria are of concern: "(2) Violation Page 1 of 3 04/14/11 Y � f � by the on-sale establishment or organization leasing its premises for gambling or 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...within the last three years" and "(4) More than one licensed organization would be permitted to conduct lawful gambling activities at one premises. „ • MiCasita paid a penalty and served a suspension after a hearing on a liquor license violation held on April 20, 2010. A hearing on a second violation is scheduled for April 19, 2011. • The Scandia Marine Lions were issued a premises permit for the MiCasita location on May 18, 2010. No evidence that the lease has been terminated or that the operation has ceased has been submitted. According to verbal information from the Lions' gambling manager, their operation (pull-tabs and bar bingo) is still active. • The ordinance (Section 14) requires that a licensed organization shall spend 75%of its lawful purpose expenditures within the city's trade area. The trade area is defined as Scandia, contiguous cities and townships and any portion of the Forest Lake school district(ISD 831.) Because none of L.A.R.A.'s programs appear to be conducted within the trade area, staff requested that they provide information on how they would meet that requirement. A list of 2010 lawful purpose expenditures was submitted,but none were within the trade area. Later, L.A.R.A. submitted evidence that they purchase an insurance policy (cost= $3,915 per year) from Security State Agency, a Scandia business. We verified with the Gambling Control Board that this expense qualifies as a lawful purpose expenditure. As long as the lawful purpose expenditures derived from gambling at Mi Casita would not exceed $5,220, this would be sufficient to meet the 75% standard. If expenditures exceed this amount, L.A.R.A. may have difficulty documenting that they meet the ordinance criteria. • Once approved, a premises permit runs concurrently with the organization's gambling license on a perpetual basis, unless the permit is suspended or revoked by the Gambling Control Board or is voluntarily terminated by the organization. (Minn. Stat. 349.165, Subd. 1) Recommendation: The Council could: • Deny the premises permit,because 1)there have been violation of laws relating to alcoholic beverages at MiCasita, and/or 2) more than one licensed organization would be permitted to conduct lawful gambling on the premises. • Approve the premises permit, with the condition that the applicant shall submit evidence that MiCasita's lease with the Scandia Marine Lions Club has been terminated and that their Page 2 of 3 04/14/11 lawful gambling operation at this location has ceased. • Postpone action on this application to obtain additional information or for further discussion. Action to either approve or deny the application must be taken by Resolution of the City Council. Draft resolutions for denial or approval have been provided for the Council's use. Attachments/ • Ordinance No. 100 Materials provided: . Permit Application • Draft Resolution for Denial of the Premises Permit • Draft Resolution for Approval of the Premises Permit Contact(s): Tom Lawlor, Gambling Manager (651 226-0849) Prepared by: Anne Hurlburt, Administrator (gambling premises permit mi casita) Page 3 of 3 04/14/11 CITY OF SCANDIA ORDINANCE NO. 100 AN ORDINANCE ADOPTING LAWFUL GAMBLING REGULATIONS FOR THE CITY OF SCANDIA The City Council of the City of Scandia, Washington County, Minnesota hereby ordains: The City Council of the City of Scandia hereby adopts lawful gambling regulations for the City of Scandia as follows: Section 1. Purpose Section 2. Adoption of State Law By Reference Section 3. City May be More Restrictive Than State Law Section 4. Definitions Section 5. Applicability Section 6. Lawful Gambling Permitted Section 7. Authorized Organizations Section 8. Qualifications Section 9. Location Criteria for Premises Permits and Bingo Hall License Section 10. Application and Local Approval of Premises Permits Section 11. Local Permits, Excluded or Exempted Gambling Section 12. License and Permit Display Section 13. Notification of Material Changes to Application Section 14. Designated Trade Area Section 15. Records and Reporting Section 16. Hours of Operation Section 17. Severability Section 20. Penalty SECTION 1. PURPOSE. The purpose of this Ordinance is to regulate lawful gambling within the City,to prevent its commercialization, to ensure the integrity of operations, and to provide for the use of net profits only for lawful purposes. SECTION 2. ADOPTION OF STATE LAW BY REFERENCE. The provisions of M.S. §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 1 M.S.§349 are hereby adopted by reference as if they had been in existence at the time this chapter was adopted. SECTION 3. CITY MAY BE MORE RESTRICTIVE THAN STATE LAW. The Council is authorized by the provisions of M.S. § 349.213, as it may be amended from time to time, to impose, and has imposed in this Ordinance, additional restrictions on gambling within its limits beyond those contained in M. S. §349, as it may be amended from time to time. SECTION 4. DEFINITIONS. In addition to the definitions contained in M.S.§349.12, as it may be amended from time to time, the following terms are defined for purposes of this Ordinance: BOARD. The State of Minnesota Gambling Control Board. LICENSED ORGANIZATION. An organization licensed by the Board. LOCAL PERMIT. A permit issued by the City. TRADE AREA. This City, each City and Township contiguous to this City and any additional area situated within the boundaries of Independent School District No. 831. SECTION 5. APPLICABILITY. This Ordinance shall be construed to regulate all forms of lawful gambling within the City. SECTION 6. LAWFUL GAMBLING PERMITTED. Lawful gambling is permitted within the City if the Council, by resolution adopted by a majority of its members, authorizes lawful gambling to occur, provided it is conducted in accordance with M.S. §§609.75 to 609.763, inclusive, as they may be amended from time to time; M.S. §§ 349.11 to 349.23, inclusive, as they may be amended from time to time, and this Ordinance. SECTION 7. AUTHORIZED ORGANIZATIONS. An organization shall not be eligible to conduct lawful gambling in the City unless it meets the qualifications in Minnesota Statutes 349.16, Subd. 2, and also meets at least one of the following conditions: (A) The organization has at least fifteen (15) members that are residents of the City; or 2 (B) The physical site for the organization's headquarters or the registered business office of the organization is located within the City or a municipality contiguous to the City and has been located within the City or a municipality contiguous to the City for at least two (2) years immediately preceding application for a license; or (C) The organization owns real property within the City and the lawful gambling is conducted on the property owned by the organization within the City; or (D) The physical site where the organization regularly holds its meetings and conducts its activities, other than lawful gambling and fund raising, is within the City or an adjacent city and has been located within the City or adjacent city for at least two (2) years immediately preceding application for a license. (E) The organization is a fire relief organization that provides fire protection services to the City. SECTION 8. QUALIFICATIONS. The City Council shall not adopt a resolution approving a premises permit or bingo hall license from any applicant: (A) Which has an officer, director, or other person in a supervisory or management position, who: (1) has ever been convicted of a felony; (2) has ever been convicted of a crime involving gambling; (3) is not of good moral character and repute; (4) has ever been convicted of (i) assault, (ii) a criminal violation involving the use of a firearm, or(iii) making terroristic threats; or (B) Which owes or which has an officer, director, or other person in a supervisory or management position, who owes delinquent local, state or federal taxes, or is delinquent on any other City bill. SECTION 9. LOCATION CRITERIA FOR PREMISES PERMITS AND BINGO HALL LICENSES. All organizations applying for a premises permit or bingo hall license must meet criteria set forth herein relating to location of lawful gambling activities. (A) An organization may conduct lawful gambling only on premises it owns or leases, except as authorized by Minnesota Statutes §349.18. 3 (B) Lawful gambling in the City may be conducted only in the licensed organization's hall where it has its regular meetings or in a licensed on-sale liquor, wine and beer establishment. (C) No location shall be approved unless it complies with the applicable zoning, building, fire and health codes of the City and other regulations contained in this Ordinance. SECTION 10. APPLICATION AND LOCAL APPROVAL OF PREMISES PERMITS. (A) Each organization licensed to conduct lawful gambling in the City shall complete the City's investigation form, submit copies of all state gambling application forms, all records and reports required to be filed with the State Gambling Control Board pursuant to Minnesota Statutes §349, and the rules and regulations promulgated thereunder, and submit any additional information required by the City. (B) Any organization seeking to obtain a premises permit or bingo hall license or renewal of a premises permit or bingo hall license from the Board shall file with the City Clerk an executed, complete duplicate application together with all exhibits and documents accompanying the application as filed with the Board. The application and accompanying exhibits and documents shall be filed not later than three days after they have been filed with the Board. (C) Upon receipt of an application for issuance or renewal of a premises permit or bingo hall license, the City Clerk shall transmit the application to the City Peace Officer for review and recommendation. (D) The City Peace Officer shall investigate the matter and make a review and recommendation to the City Council as soon as possible, but in no event later than 45 days following receipt of the notification by the City. (E) Organizations or bingo halls applying for a state-issued premises permit or bingo hall license shall pay the City a $100 investigation fee. This fee shall be refunded if the application is withdrawn before the investigation is commenced. (F) The applicant shall be notified in writing of the date on which the Council will consider the recommendation. (G) The Council shall receive the City Peace Officer's report and consider the application within 45 days of the date the application was submitted to the City Clerk. (H) The Council shall, by resolution, approve or disapprove the application within 60 days of receipt of the application. (I) The Council may disapprove an application for issuance or renewal of a premises permit for any of the following reasons: 4 (1) Violation by the gambling organization of any state statute, state rule or City ordinance relating to gambling within the last three years. (2) 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 years. (3) Lawful gambling would be conducted at premises other than those for which an on-sale liquor license has been issued. (4) More than one licensed organization would be permitted to conduct lawful gambling activities at one premises. (5) Failure of the applicant to pay any investigation fee provided by subdivision (E) of this section within the prescribed time limit. (6) Operation of gambling at the site would be detrimental to health, safety, and welfare of the community. (J) Any organization leasing premises for the conduct of lawful gambling shall, upon request of the City, file with the City a copy of the lease within one(1)week after execution of the lease. Lease provisions for rental payments shall be in strict compliance with the requirements of M.S.§ 349.18, as it may be amended from time to time. SECTION 11. LOCAL PERMITS,EXCLUDED OR EXEMPTED GAMBLING. (A) No organization shall conduct lawful gambling excluded or exempted from state licensure requirements by M.S. § 349.166, as it may be amended from time to time, without a valid local permit. (B) Applications for issuance or renewal of a local permit shall be on a form prescribed by the City. The application shall contain the following information: (1) Name and address of the organization requesting the permit. (2) Name and address of the officers and persons accounting for receipts, expenses, and profits for the event. (3) Date of gambling occasion for which permit is requested. (4) Address of premises where event will occur. s (5) Copy of rental or leasing arrangement, if any, connected with the event, including rental to be charged to organization. (6) Estimated value of prizes to be awarded. (C) The fee for a local permit shall be $15.00. The fee shall be submitted with the application for a local permit. (D) The applicant shall be notified in writing of the date on which the Council will consider the issuance of the local permit. (E) The Council may disapprove an application for issuance or renewal of a local permit for any of the following reasons: (1) Violation by the organization of any state statute, state rule or City ordinance relating to gambling within the last three years. (2) Violation by the establishment 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 the operation of the establishment, laws relating to alcoholic beverages, gambling, controlled substances, suppression of vice, and protection of public safety within the last three years. (3) The organization has not been in existence in the City for at least three consecutive years prior to the date of application. (4) The organization does not have at least 15 active members. (5) More than one licensed, qualified organization will be conducting exempted or excluded lawful gambling activities at any one premises. (6) Failure of the applicant to pay permit fee provided by subdivision (C) of this section within the prescribed time limit. (7) Operation of gambling at the site would be detrimental to the health, safety, and welfare of the community. (F) Local permits shall be valid for only the occasion or occasions they are issued. SECTION 12. LICENSE AND PERMIT DISPLAY. All permits issued under state law or this chapter shall be prominently displayed during the permit year at the premises where gambling is conducted. 6 SECTION 13. NOTIFICATION OF MATERIAL CHANGES TO APPLICATION. An organization holding a state-issued premises permit or a local permit shall notify the City in writing whenever any material change in the information submitted in the application occurs within ten days of the change. SECTION 14. DESIGNATED TRADE AREA. (A) Each organization licensed to conduct gambling within the City shall expend 75% of its lawful purpose expenditures on lawful purposes conducted within the City's trade area. (B) This section applies only to lawful purpose expenditures derived from gambling conducted at a premises within the City's jurisdiction. SECTION 15. RECORDS AND REPORTING. (A) Organizations conducting lawful gambling shall file with the City Clerk one copy of all records and reports required to be filed with the Board, pursuant to M.S. Ch. 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. (B) Organizations licensed by the Board shall file a report with the City proving compliance with the trade area spending requirements imposed by §14 of this Ordinance. Such report shall be made on a form prescribed by the City and shall be submitted annually and in advance of application for renewal. SECTION 16. HOURS OF OPERATION. Neither lawful gambling nor exempt or excluded gambling shall be conducted between 1:00 a.m. and 8:00 a.m. on any day of the week. SECTION 17. 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 20. PENALTY. Any person who violates: (A) Any provision of this Ordinance; (B) M.S. §§ 609.75 to 609.763, inclusive, as they may be amended from time to time; or 7 (C) M.S. §§ 349.11 to 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. 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. Additionally, a violation of this Ordinance may result in a recommendation by the City to disapprove or not renew a license or premises permit. The City may also revoke a premises permit for any violation of this Ordinance which is not corrected within 10 days of notice of such violation from the City. A license shall not be revoked or suspended until notice and an opportunity for a hearing have first been given to the permitted organization. The notice shall be personally served and shall state the provision reasonably believed to be violated. The notice shall also state that the permitted organization 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 organization 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. Nothing in this Ordinance shall be construed to require the City to undertake any responsibility for enforcing compliance with Minnesota Statutes § 349 other than those provisions related to the issuance of premises permits as required in M.S. §§ 349.213 as it may be amended from time to time. Passed and adopted by the City Council of the City of Scandia this 6th day of March, 2007. Dennis D. Seefeldt, Mayor ATTEST: Anne Hurlburt, Clerk/Administrator g by the on-sale establishment or organization leasing its premises for gambling or 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...within the last three years" and "(4) More than one licensed organization would be permitted to conduct lawful gambling activities at one premises. ,� • MiCasita paid a penalty and served a suspension after a hearing on a liquor license violation held on April 20, 2010. A hearing on a second violation is scheduled for April 19, 2011. • The Scandia Marine Lions were issued a premises permit for the MiCasita location on May 18, 2010. No evidence that the lease has been terminated or that the operation has ceased has been submitted. According to verbal information from the Lions' gambling manager, their operation (pull-tabs and bar bingo) is still active. • The ordinance (Section 14) requires that a licensed organization shall spend 75% of its lawful purpose expenditures within the city's trade area. The trade area is defined as Scandia, contiguous cities and townships and any portion of the Forest Lake school district(ISD 831.) Because none of L.A.R.A.'s programs appear to be conducted within the trade area, staff requested that they provide information on how they would meet that requirement. A list of 20101awful purpose expenditures was submitted, but none were within the trade area. Later, L.A.R.A. submitted evidence that they purchase an insurance policy(cost= $3,915 per year) from Security State Agency, a Scandia business. We verified with the Gambling Control Board that this expense qualifies as a lawful purpose expenditure. As long as the lawful purpose expenditures derived from gambling at Mi Casita would not exceed $5,220, this would be sufficient to meet the 75% standard. If expenditures exceed this amount, L.A.R.A. may have difficulty documenting that they meet the ordinance criteria. • Once approved, a premises permit runs concurrently with the organization's gambling license on a perpetual basis, unless the permit is suspended or revoked by the Gambling Control Board or is voluntarily terminated by the organization. (Minn. Stat. 349.165, Subd. 1) Recommendation: The Council could: • Deny the premises permit,because 1) there have been violation of laws relating to alcoholic beverages at MiCasita, andlor 2) more than one licensed organization would be permitted to conduct lawful gambling on the premises. • Approve the premises permit, with the condition that the applicant shall submit evidence that MiCasita's lease with the Scandia Marine Lions Club has been terminated and that their Page 2 of 3 04/14/11 ��P'L�CA���IV �QR LAVV�I�L GA►IV��L��lG P������S P�RI�IT Fee: $'f OOo00 City of Scandia, Minnesota 'i4727 209th Street North,Scandia, MN 55073 Phone 651/433-2274 Fax 651/433-5512 Web http:llwww.ci.scandia.mn.us This application form is for use to request City approval of a local permit for lawful gambling required to be registered with the Minnesota Gambling Control Board. In addition to this form applicants shall submit to the City an executed, complete duplicate application, together with all exhibits and documents, as filed with the Gambling Control Board. 1. Name ancf acicfress of organizatior�: �;�.g� � �� ,���, = " + /`7/'� � ���� � � �i���/�r�� �i� �.���.� � 2. �fame anci adcfres� of premises where event will occur: (a copy of the rental or leasing arrangement, if any, including rental to be charged to the or ani ation mu�fi be atta ed to this application.) /� , /lr C�.t��f fc� ✓��jC��''� �'�c f �. �� '"� �i �C�i�.��C�_ ��G� 3 3. Date(�) o�gamb6ing occasion: �� � , f � .fi!/�L' �-fccc�,�' /./�� 'yf��D f// � � f �. Estimated vaEu� of prizes to be awarded: �`._����,.� 5. Names and adclresses of officers and persons accounting for receipts, expenses and profits for the eve�t: Name: ��s�f�7 ��`�� � ��� - - � Phone: ��� o�v�� ` � ' y�p� ` � � ��������,f✓1 E' � ��I � Street Address:����'�•� � �� E-Mail:��� ���.t�' � City/ State:���f� � �• � ��� ,� z�p: '��C3/� Name: Phone: Street Address: E-Mail: City/ State: Zip; Name: Phone: Street Address: E-Mail: City/ State: �ip; ACKM0I�ILEDGEfV�'�f�TS: { hereby acknowledge and certify that the organization and the activity for which this application applies will be conducted in accordance with the all regulations and requirements of Minnesota Statutes and the rules of the Minnesota Gambling Control Board, and the City of Scandia. I further acknowledge that I have receive a copy of Scandia Ordinance No 100 governing lawful gambling, and that I am familiar with and agree to abide by its requirements. 6. Applicanf Signature(s) Date: ��� `� .� , -�� ��.���� � " — Upon receipt of this application you wil/be notified in writing of the date on which the City Council wil/consider the permit. The City Council meets on the first and fhird Tuesday of each month. Rpplications must be received not less fhan 5 days prior to the meeting date. l�lo application wi11 be considered complete until the fee has been paid. For City Use Onty ` � �`�; f ,�---E:_,� �'C't--�ti-� � Application Fee Received �/"�C� � � }��''�1 L( <<d��f�-�-��� '�'�� ` � - � /� — /'� ; ,� �.,� .� Cit Council Consideration D t `` �' �- � � � � � � � �'��'� Y ( a e) � / � ,, � �o �,�.. � L�. t� 1 ` G� �J,fi c� � z._ �C..'�'.-G��1_..i' (' L� � � Approved Denied � �; �,��G�G�,u„'��' j - :� � -f/ J Resolution # City of Scandia, Application for Excluded or Exempt Lawful Gambling Permit Page 2, 8/27/2007 Minnesota Lawfui Gambling s��i Page 1 of2 ������ �rer�i��� ��rmi� �p�licafic�n /�nnual Fee $150 FOR BOARD USE ONLY Check # I Required Attachments to LG214 ------- ---------- ----- �� 1. if the remises is leased, attach a co of our lease. p PY Y Mail the application and required attachments to: Use LG215 Lease for Lawful Gambling Activity. Gambling Control Board 2. $150 annual premises permit fee, for each permit. 1711 West County Road B, Suite 300 South Make check payable to "State of Minnesota." Roseville, MN 55113 Questions? Call 651-639-4000 and ask for Licensing. Organizafion Information � 1.Or anization name ��1/�''e-�L� ,L�K�� Ct / � ' g �� ��"�L��Idii Lic�enumber C:�v'�'��� 2.Chiefexecutiveofficer(CEO) E�' �<�s�o� Daytimephone s_.---� 3.Gamblingmanager ,c�� /� �dt� b� Daytimephone f���'�02� � 5G�' �, ; Gambling Premises Information 4. Currentnameofsitewheregamblingwillbeconducted/�'/� ( � ; /�� i`r -- � _ � . ____.��a�.. J� � ��f � 5. List any previous names forthis location 6. Streetaddresswhere premises is located����� (✓G.�-�.�'/� /fi j� (Do not use a P.O. box number or mailing address) 7. City Township County Zip code �C� :�.- �IR dCs'���� '�1� � �"��� 8. Does your organization own the building where the gambling will be conducted? ,�Yes No If no,attach LG215 Lease for Lawful Gambling Activity. ,�Yes �No Raffle only. No lease is required if only a raffle will be conducted. 9. Is any other organization conducting gambling at this site?�Yes�No �Don't know 10. Has your organization previously conducted gambling at this site? �1'es�No Gambling Bank Accounfi Informafion �must be�►,nn�nr,esota� � 11. B k name Bank account number - ��� � � � 12. Bank street address City State Zip code �� �,/.����5 p7/ � ���i'�/�� IUf N ���l0'r All Temporary and Permanent Off-site Storage Spaces (for gambling equipment and records related to this site-must be stored in Minnesota) 13. Address (Do not use a P.O. box number) City State Zip code �" �' .� �/�i,� �� n�r� n�� ����� , LG214 Premise� Permit Application s��� Page 2 of 2 Acknowledgment by Locai Unit of Government: Approval by Resolution CITY APPROVAL COUNTY APPROVAL for a gambling premises for a gambling premises located within city limits located in a township City name County name Date approved by city Date approved by county Resolution number if any Resolution number if any Signature of city personnel Signature of county personnei Title Date / / Title Date / / _._ —_ _-- ___- __------__ ___--------- _—_ — --- �__ ____ ---.—_ _._..—_...—._—. �cknowleclgment and Oafih 1. I hereby consent that local law enforcement officers, 5. I am the chief executive officer of the org2nization. the Board or its agents, and the commissioners of 6. I assume full responsibility for the fair and lawfui operation of revenue or public safety and their agents may enter all activities to be conducted. and inspect the premises. 7. 1 will familiarize myself with the laws of Minnesota governing 2. The Board and its agents, and the commissioners lawful gambiing and rules of the Board and agree, if licensed, of revenue and public safety and their agents are to abide by those laws and rules, including amendments to authorized to inspect the bank records of the gambling them. account whenever necessary to fulfill requirements g, Any changes in application information will be submitted to of current gambiing rules and law. the Board no later than 10 days after the change has taken 3. I have read this application and all information effect. submitted to the Board is true, accurate, and g. I understand that failure to provide required information or complete. providing false or misleading information may result in the 4. AII required infor�iatio ha een ' closed. denial or revocation of the license. �� � ' l ��o Signature of Ch' E ecutive Officer( esignee may not sign) Date Print name ���Y� � �G�/'%/� Ftese# F�o�n9 Print form and have CEO sign Data pri�-acy notice: The information reyuested Your organization's name and Private data about your organization are on this form(and any attachments)will be used address will be public available to: Board members,Board staff hy the Gambling Control Board(Board)to inlortnation when received by whose work requires access to the in(onnation; determine your o�ganization's yiialifications to U�e Board. All other infa��nation Minnesota's Uepartment of Public Safety; be iuvolved in lawful gambling activilies in provided will Ue private data Attorney General;Commissioners of Minnesote. Your organi-r.ation has the right to ahout your organization until the .Admiuistration,Minnesota Management& refuse to supply the infonnation;however,if Board issues the permit. When Budget,and Revenue;LegislativeAuditor, yoar organization refuses to supply this the Board issues the permit,all national and international gambling regulatory infornialion,the Board may not Ue able to informatlon provided will agencies;anyone pursuaiu to court order;other detcrmine your organization's qualifications become public. If the Board individuals and agencies specifically authorized and,as a conseyuence,may refuse to issue a does not issue a peru�it,aU by state or federal law to have access to the pennit. lf your orgauization supplies the infonnation provided remains information;indi��iduals and abencies forwhich infonnation requested,the Board will Ue able to private,with the exception of laH-or legal order authorizes a new use or process yonr��rganizaYion's application. your organization's namc and sh�ring of information after this notice was address which M�ill remain puhlic. biven;and anyone with your written consent. his form will be made available in alternative format (i.e. large print, Braille) upon request. l� Minnesota Lawfu/ Gambling �.G215 t�ea�e �or La�►�c�i �ar�bl�r�g �ctivifiy 3/11 Page 1 of2 hecJc applicable item: 1 New lease. (Do not submit existing lease with amended changes). Date that the changes will be effective. Submit changes at least 10 days before the effective date of the change. 2.New owner.Effective date Submit new lease within 10 days after new lessor assumes ownership. Organization name Address p�� •� � � ; '�i'Qrt, License number ; Daytime phone ���• �eg/�.K�:; ��!(����'G� ` /� s�i.S�i ���'�� i N�n e �leased preme/i�es j Street address � ; Ci '��• �•�i1-�'��jt�l��-M� � �' � State Zip � Daytimephone �� '� s�� �.,� ! ,,2�t��� Dz�z.�`���! c�f�.�/� ' "�" S.���j� Name of legal owner of premises� Business/street address ; Ciry " � k �FJ� f 1� ,' �t�,� b (��y�� ° ; C i State i Zip � Daytimephone �' �� � v�C�1�D /� ; ('�I h'; 5 c,,C�-2; ��� t/�i�{ /� Name of lessor(if same as legal I Business/street address `/' 77 1 � 'TS ( owner, write in "SAME") i C��Y ; State ! Zip ; Daytimephone Sc����i�r1 �:�r � �-t�o �2�;�� �.v:� ''' �c���o��a ; i1�N � ; Check(�)a11 activities that will be conducted � i ��13 ;��i tlj3•«tl/ Pull-tabs aPull-tabs with dispensing device t�Tipboards �Paddlewheel ❑_paddlewheel with table Bin o Q 9 Bar bingo Puli-tab, Tipboard, a11CI PaC�(�IgWFt@@I R@Il� (No lease required for raffles.) Booth operation-sales of gambling equipment by an employee Bar operation-sales of gambling equipment within a leased (or volunteer)of a licensed organization within a separate enclosure that is distinct from areas where food and beverages are sold. Premises by an employee of the lessor from a common area where food and beverages are also sold. r————————————— Does vour oraanization OR anv o har condud gambfing � L______ from a booth operation at this location?__Yes �C No__ If you answered���to the qu e s t i o n a b o v e,r e n t l i m i t s a r e —J I f you answered i'�fB to the question above,rent limits are based on the following combinations of operation: - Booth operation based on the following combinations of operation: - Booth operation and pull-tab dispensing device - Bar operation - Booth operation and bar operation - Bar operation with pull-tab dispensing device - Booth operation,bar operation,and pull-tab dispensing device Pull-tab dispensing device onfy The maximum rent allowed may not exceed$1,750 in total ��� t� � � ,����� per month for all organizations at this premises. COMPLEfE ONE OP'TION: Option A: 0 to 10%of the gross profits per month. �MP�TE ONE OPTIOIV: Percentage to be paid o�o Option p: 0 to 20%of the gross profits per month. Percentage to be paid % Option B: When gross profits are$4,000 or less per month, Option B: When gross profits are$1,000 or less per month, $0 to$400 per month may be paid. Amount to be paid$ $0 to$200 per month may be paid. Amount to be paid$_ Option C: $0 to$400 per month on the first$4,000 of gross Option C: $0 to$200 per month on the first$1,000 of gross profit. Amount to be paid $ � profits. Amount to be paid$______, Plus,0%to 10°/o of the gross profits may be paid per month on Plus,0%to 20%of the gross profits may be paid per month on gross profits over$4,000. Percentage to be paid % gross profits over$1,000. Percentage to be paid % Bingo Rent ._ Option D: 0 to 10%of the gross profits per month from all lawful gambfing activities held during bingo occasions,excluding bar bingo. Percentage to be paid % Option E: A rate based on a cost per square foot,not to exceed 110%of a comparable cost per square foot for leased space,as f opr�Thebessor mlust attach doGumenitat o�nverifi d by he o gan zati npto conbrmblhe�ompar abler ate a d all applicable cos persquare be paid by the organization to the lessor. t s t o Bar Bingo. . . i�o rent may be paid for bingo conducted in a bar. . , . LG215 Lease for Lav�rful Camblin Activit 3i�� Page 2 of 2 � Lease Term-The term of this lease agreement will be 'Other Prohibitions concurrent with the premises permit issued by the Gambling ;The lessor will not impose restrictions on the organization with resped to Control Board(Board). ;providers(distributor or linked bingo game provider)of gambiing-related ;equipment and services or in the use of net profits for lawful purposes. Management of Gambling Prohibited -The owner of I The lessor,the lessor's immediate family,any person residing in the same the premises or the lessor will not manage the conduct of ;residence as the lessor,and any agents or employees of the lessor will gambling at the premises. ';not require the organization to perform any adion that would violate Participation as Players Prohibited-The lessor will not j�atute or rule. The lessor must not modify or terminate this lease in participate directly or indirectly as a player in any lawful �'^'hole or in part due to the lessor's violation of this provision.If there is gambling conducted on the premises. The lessor's immediate i a dispute as to whether a violation occurred,the lease will remain in family and any agents or gambling employees of the lessor will !effect pending a final determination by the Compliance Review Group not participate as players in the conduct of lawful gambling on �(CRG)of the Gambling Control Board. The lessor agrees to arbitration the premises,except as authorized by Minnesota Statutes �when a violation of this provision is alleged. The arbitrator shall be the 349.181. �CRG. Illegal Gambling �Access to permitted premises The lessor is aware of the prohibition against illegal gambling in ;Consent is given to the Board and its agents,the commissioners of Minnesota Statutes 609.75,and the penalties for illegal 'revenue and public safety and their agents,and law enforcement yambling violations in Minnesota Rules 7865.0220,Subpart 3.In;personnel to enter and inspect the permitted premises at any reasonable addition,the Board may authorize the organization to withhold ;time during the business hours of the lessor.The organization has access rent for a period of up to 90 days if the Board determines that ;to the permitted premises during any time reasonable and when illegal gambling occurred on the premises or that the lessor or its;necessary for the conduct of lawful gambling on the premises. employees partiapated in the illegal gambling or knew of the i gambling and did not take prompt action to stop the gambling. �Lessor records Continued tenancyof the organization is authorized without �The Iessor must maintain a record of all money received from the payment of rent during the time period determined by the Board I organization,and make the record available to the Board and its agents, for violations of this provision,as authorized by Minnesota !and the commissioners of revenue and public safety and their agents Statutes 349.18,Subdivision 1(a). �upon demand.The record must be maintained for 3-1/2 years. To the best of the lessor's knowledge,the lessor a�rms that �Rent all-inclusive any and all games or devices located on the premises are not �Amounts paid as rent by the organization to the lessor are all-inclusive. being used,and are not capable of being used,in a manner i No other services or expenses provided or contracted by the lessor may thatviolates the prohibitions against illegal gambling in !be paid by the organization,including but not limited to: Minnesota Statutes 609J5. ' - trash removal -janitorial and cleaning services Notwithstanding Minnesota Rules 7865.0220,Subpart 3,an � -eledricity,heat -other utilities or services organization must mntinue making rent payments under the � -snow removal - lawn services terms of this lease,if the organization or its agents are found to� -�orage -security,security monitoring be solely responsible for any illegal gambling,conducted at this � -in the case of bar operations,cash shortages. site,that is prohibited by Minnesota Rules 7861.0260,Subpart �Any other expenditures made by an organization that is related to a 1,item H or Minnesota Statutes 609.75,unless the I leased premises must be approved by the director of the Gambling organization's agents responsible for the illegal gambling adivity i Control Board. Rent payments may not be made to an individual. are also agents or employees of the lessor. �Changes in lease The lessor must not modify or terminate the lease in whole or in • Lease information-If the lease is amended with no change in part because the organization reported,to a state or local law ( ownership,the organization will submit the a new lease to the Board enforcement authority or the Board,the conduct of illegal � at least 10 days before the effective date of the change. gambling activity at this site in which the organization did not �• Ownership-If a change in ownership occurs,the organization will participate. submit a new lease to the Board within 10 days after the new lessor � has assumed ownership. Acknowledgment of Lease Terms I affirm that this�lease is the total and only agreement between the lessor and the organization, and that all obligations and agreements are contained in or attached to this lease and are subject to the approva/of the director of the Gambling Contro/Board. The lease may be terminated by either party without cause with a 30-day written notice. ����� .�,'' Other terms ��` � ������"� -�i4� --.` �� �U � i � � � , S�n f lessor � Date � Signat�.of organization official (le ee) Date € -�i- ! � � �`' f � � Print name an itle of lessor ' Print me and title of lessee ��NL��n 1 ��t���V "����� j %�a�'J�J �� ��c1�,� Questions? Contact the Licensing Section,Gambling Conhol Board,at 651-639-4000.This publication will be made available in alternative format(i.e. large print, Braille) upon request. Data privacy notice; The infortnation requested on this form and any attachments will become public information when received by the Board,and will be used to determine your compliance with Minnesota statutes and rules governing lawFul gambling activities. Pr'tn# �orrr� F��� �ortr� , DRAFT RESOLUTION FOR DENIAL RESOLUTION NO. 04-19-11-05 CITY OF SCANDIA, MINNESOTA RESOLUTION DENYING LAWFUL GAMBLING PREMISES PERMIT FOR CHISAGO LAKES AREA RECREATION ASSOCIATION WHEREAS, the Chisago Lakes Area Recreation Association, dba Lakes Area Recreation Association (L.A.R.A.), has made application for a Lawful Gambling Premises Permit to conduct lawful gambling at the Mi Casita Mexican Grill, 21050 Ozark Ave. N.; and WHEREAS, the application has been reviewed for conformance with the requirements of Ordinance No. 100 adopted on March 6, 2007; and WHEREAS, the Scandia Marine Lions Club was issued a premises permit for this location on May 18, 2010, and no evidence that the lease has been terminated or that the operation has ceased has been submitted; and WHEREAS, the operator of Mi Casita was on April 20, 2010, and again on April 19, 2011 was found by the City Council to have violated their liquor license when alcohol was served to underage buyers, requiring payment of civil penalties consisting of a fine and license suspension; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCANDIA, WASHINGTON COUNTY, MINNESOTA, that the application of the Chisago Lakes Area Recreation Association for a Lawful Gambling Premises Permit shall be and hereby is denied for the following reasons: • More than one licensed organization would be permitted to conduct lawful gambling activities on the premises. • The on-sale establishment for which the premises permit is requested has been found to have violated laws relating to alcoholic beverages twice within the last three years. Adopted by the Scandia City Council this 19th day of April, 2011. Randall Simonson, Mayor ATTEST: Anne Hurlburt, Administrator/Clerk DRAFT RESOLUTION FOR APPROVAL RESOLUTION NO. 04-19-11-OS CITY OF SCANDIA, MINNESOTA RESOLUTION APPROVING LAWFUL GAMBLING PREMISES PERMIT FOR CHISAGO LAKES AREA RECREATION ASSOCIATION WHEREAS, the Chisago Lakes Area Recreation Association, dba Lakes Area Recreation Association (L.A.R.A.), has made application for a Lawful Gambling Premises Permit to conduct lawful gambling at the Mi Casita Mexican Grill, 21050 Ozark Ave. N.; and WHEREAS, L.A.R.A has been found to meet the criteria for approval of a premises permit, as specified by Ordinance No. 100 adopted on March 6, 2007; and WHEREAS, an investigation has been conducted, and L.A.R.A and the premises have been found to meet the qualifications of the ordinance provided that the conditions of approval are met; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCANDIA,WASHINGTON COUNTY, MINNESOTA, that the application of the Chisago Lakes Area Recreation Association for a Lawful Gambling Premises Permit shall be, and hereby is approved, provided the following condition is met: • Evidence shall be furnished to prove that that MiCasita's lease with the Scandia Marine Lions Club has been terminated and that their lawful gambling operation at this location has ceased. Adopted by the Scandia City Council this 19th day of April, 2011. Randall Simonson, Mayor ATTEST: Anne Hurlburt, Administrator/Clerk