9.a) Gambling Premises Permit, Chisago Lakes Athletic Assoc. at Mi Casita Mexican Grill Meeting Date: 05/17/2011
Agenda Item:
� Q_
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. This item was
continued from the April 19, 2011 City Council Meeting.
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 Ciry, to prevent its
commercialization, to ensure the integrity of operations, and to
provide for the use of net profits only for la�ful 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
Page 1 of 3
OS/11/11
this application, two of the criteria were of concern: "(2)
Violation 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. After a hearing
on a second violation on April 19, 2011 3-day suspension was
served and a $1,000 civil penalty assessed. The penalty has not
yet been paid .
• The Scandia Marine Lions were issued a premises permit for the
MiCasita location on May 18, 2010. During the April 19 meeting,
Mi Casita served the Lions with a notice terminating the lease.
The Lions gambling manager has verified that they have ended
their gambling operations on the premises.
• 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 there have been violation of
laws relating to alcoholic beverages at MiCasita, or
• approve the premises permit.
Action to either approve or deny the application must be taken by
Page 2 of 3
OS/11/11
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 continued)
Page 3 of 3
OS/11/11
-
CITY OF SCAND�A
ORDINANCE NO. 100
AN ORDINANCE ADOPTING LAWFUL GAMBLING REGULATIONS FOR THE CITY
OF SCAND�A
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 Approva] 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 puiposes.
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.
SECT'ION 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:
B0�4RD. The State of Minnesota Gambling Control Board.
LICENSED ORGANIZATION. An organization licensed by the Board.
LOC,4L PERMIT. A permit issued by the City.
TR4DE ARE�4. This City, each City and Township contiguous to this City and any
additional area situated within the boundaries of Independent School District No. 831.
SECT�ON 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.
SECT�ON 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.
SECT�ON 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 PERNIITS AND
BINGO HALL LICENSES.
All organizations applying for a premises pernut 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. APPF�ICATION 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 pernut 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 pernut 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 pemut 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 1 L LOCA�. PERMITS, EXCLUBED 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 info�nation:
(1) Name and address of the organization requesting the pernut.
(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.
5
(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 Al� PERMIT DISPLAY.
All permits issued under state law or this chapter shall be prominently displayed during
the pernut year at the premises where gambling is conducted.
6
SECTIOI� 13. 1�OTIFICATION OF MATEIiIAL CHANGES '£O �.PPF,ICATION.
An organization holding a state-issued prexnises pernut 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.
SECTIQN 14. DESIGNATED TRABE 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.
SECTIQN 15. RECORBS ANB 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.
SEC"�"ION 16. I�QURS OF QPERATI(QN.
Neither lawful gambling nor exempt or excluded gambling sha11 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.
SEC'F�QN 20. PENALT�'.
Any person who violates:
(A) Any provision of this Ordinance;
(�) 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 pernut. The City may also revoke a premises pernut 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
pernutted organization may demand a hearing on the matter, in which case the permit will not be
suspended unti] 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
s
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 Apri120, 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)
RecommendatEon: The Council could:
e 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
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This application form is for use to reguest City approval of a local permit for lawful gambling required to be registered with
the fvtinnesata Gambling Control Board. In addition to this form applicants sha11 submit to the City an executed, complete
duplicate application, together with all exhibits and cSocuments, as filed with the Gambfing Control Board.
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Streef Address:�.��'�'��� ��� E-fViail: /`��-t�'�� ��`�"`�
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�C�(F�t�dd�������F�'��: i hereby acknowledge and' certify that the organization and the activity
for which this appfication applies wiN he conducfe� in accordance �with the ail regulations and
r�quirements of t�iinnesota Statt�tes anc4 the rules of the f�innesota Cambiing Control BQard, and the
City ofi Scar�dia. i further acknov�rledge th�t f have receive a copy of Scandi� �r�inance �!o �00
governing fa�wfui gambling, an� tF�at I am familiar with and agree to abide by its requirements.
fa� ���Eic�rt� S�gr�at�r�(�) �ati�: r
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Upon receipt of this app/ication you u�ill be notifled in �vriting of the date on which the City Council�ril/consider
the permit. The City Council meets on fhe first and third Tuesday of each month. Rpplicatians must be
received not/ess than 5 days prior fo the meeting date. f�o application will be considered complete unti!the
fee has been paid.
��r�i�� �ts� 6��F� ,��� _.� ��"<<:��`-��',L�_.- 1
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App(icatfon Fee Received � �� � ��`" � �
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City Council Consideration Date --- / �. � � � - r� r�'-�f�
( ) / '�/ / �� L� �. ��_ ���
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Approved Denied
�„ rr%j��G'�G��- �- ;� � -��
Resolution # `� ,
City ot Scandia, Application for Excluded or Exempt Lawful Gambling Permit
Page 2, 8/27/2d07
l�linrte�ofa Lav�fu/G�mbling 3/11 Page 1 of 2
����� E`"��`����� C��E�CY�I� 6�C,.I�N�Co��E�°F� t�F1C1L{�I �@G �� 'r�'C� FOR BOARD USE ONLY
_ Check #
I Required�ttachments t6 LC21Q --- ------ ,S
1. If the premises is leased, attach a copy of your lease. Mail the application and required attachments to:
Use LG215 Lease for Lawful Gambling Rctivity. Gambling Control Board
2. $150 annual premises permit fee, for each permit. 1711 West County Road B,Suite 300 South
Make check payabie to "Stafe of Minnesota." Roseville, MN 55113
Questions? Call 651-639-4000 and ask for Licensing.
Orgar�izafion tnfarmatio� ---
,
1.Organization name �f1/�-�L� ,L�Kt�S��.�c �� � �ID/? Lic�enumber C�o'?'���
2.Chiefexecutiveofficer(CEO) � �<���� Daytimephone
�_---�
3.Gamblingmanager ,�.� /� G�G-U f1� Daytimephone f��l'�o�� d� ��
; Gamblirt� Premises Ir�f�rmafion
4. Currentnameofsitewheregamblingwillbeconducted �'' / �
� -�----��� �%���� �
5. Listanypreviousnamesforthislocation
6 Street address where premises is located o�1��G C/L.�,�,'�: ��
(Do not use a P.O. box number or mailing address)
7. City Township County Zip code
�C� :� ��� 6't�'Q'���✓� y�� � �����
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 o�ganization previously conducted gambling at this site? �1'es�No
CsBmbf't[�� �at1k�1,CColBnfi lRfOrm�f1o11 (must be in hAinnesota}
11. B k name Bank account number
� � � �
12. Bank street address City State Zip code
�� /-���/'��1 S �7°< <�e�"�/'� �� �`�L7/
�
�i411 Tem�ara�ry 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) ity State Zip code
5" �' ,�. . C���� �G? ., ��
n��
����
��2'�Q �C�iY6E��� ���'CCtil� �,E3��tC��IQiI 3/11 Page 2 of 2
�cknowiedgment by Loc�[ l�nit ofi Goverr�rvj�nt. RpprovaE by Resotution
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 personnel
Title Date / / Title Date / /
— -------__--------------- — —------------
�cknav�►ledgme�tf �nd� Q�$h __._---- ---— -- .---
1. I hereby consent that local law enforcement officers, 5. I am the chief executive officer of the organization.
the Board or its agents, and the commissioners of 6. I assume fuU responsibility for the fair and lawful operation of
revenue or public safety and their agents may enter all activities to be conducted.
and inspect the premises. 7. I will familiarize myself with the laws of Minnesota governing
2. The Board and its agents, and the commissioners lawful gambling and rules oi 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 gambling rules and law. the Board no later than 10 days after the change has taken
3. I have read this appiication 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. All required infory,�Satio ha een ' closed. denial or revocation of the license.
�•� � 9�e
� ��
Signature of Ch" E ecutive Officer( esignee may not sign) Oate
Print name �6c,�1� C� �L��i/�
l�st Ro� Print form and have CEO sign
Data privacy notice: The information requested Yotir organization's name and Private data about your organizafion are
on this fonn(and any attachn�enu)will be used address wili be public avlilable to: Board members,Board staff
hy the Gambling Controi Board(Board)to information when received by whose work requires access to the information;
determine your organization's yualifications to the Board. Al]otl�er infonnation Minnesota's Depaitment of Pu�lic Ssfety;
be iuvolved in lawful gambling activities in provided will Ue private data Attorney General;Cmnmissioners of
Minnesota. Your organization has the right to ahout your organization until the Administration,Minnesota Management&
refuse to supply the information;]iowever,if Board issues the pemiit. When Budget,and Rcvenue;LcgislativeAuditor,
your organization refuses to supply this the Board issues the permit,all national and intemational gamblivg regulatory
infonnation,the Board may not be able to infonnation provided will agencies;anyone pursuant co cou�1 order;other
determine your organization's qualifications become public. Ifthe Board individuals and agencies specifically authorized
and,as a conseyuence,may refuse to issue a does not isstie a permit,al] by state or federal law to have access to the
permiL If your organization supplies the information provided remains information;indivlduals and agencies forwhich
infonnacion requested,the Board will be able to private,with the exception of law or legal order authorizes a new use or
process yoar organization's application. your organization's name and sharing of information after this notice was
address which vrill remain puhlic �iven;and anyone with your written cmisent.
his form will be made available in alternative format (i.e. large print, Braille) upon request.
l�
IVfinnesota Lawfu! Gambling
�..��`�� ���Cs� �E��' ��Ve�f.E� ��P1��fEf'�� ���t�i/1�`�/
her.�appiicable item: 3��� Page 1 of 2
1 New Iease. (Do not submit existing lease with amended changes).
__Date that the changes will be effective Submit changes at leasf 10 days before the effective date of the change.
2 New owner.Effective date Submit new lease within 10 days atter new lessor assumes ownership.
Organization name Address
��, �� A__ �� ���l; n �� �. / �r � �"t, License number Daytime phone
�r�,, !� �� 4�" � S-�d;S� o����
N leased premi es `
��� � Street address � Ci State Zi
J,�/A- �c'���� / i LY Yti P
JC�� '� i7� �� � r7���'�� D7�Z�__F-rTi/L�I ��f.�/4 I � S�%�� �a me hone
Name of legal owner of premises I Business/street address ' C �
� ! � ; �' . State ;Zip i Daytime phone
�Oftir ; �l l�s b ��,�a'� �'� � 5C�-�D� 1� � (�1 t�! 5�3! �5� �f�t/ /,
Name of lessor(if same as legal Business/street address � City State j Zf ` 7s �
owner, write in "SAME") � N}�i p , Daytifpe phone
sc��t�i�r1 �:-� 2tc�b �2�� �,J:� � �cr-��o��a � �� I
Check(�)ali activiYies that wi(I be conc{ucted � � ��3 '�S� �133-f 1���
Pull-tabs Qp�ll-tabs with dispensing device�Tipboards�Paddlewheel ❑_paddlewheel with table Bi
Q n90 Bar bingo
�Uli-tial�, Ti�bOat'd, �,t�(f �a��[e�r���I ���� (No lease required for raffles.)
Booth operation-sales of gambling equipment by an employee Bar operation-saies of gambling equipment within a leased
(or volunteer)of a licensed organization within a separate endosure
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 oraanizateon OR an other conduct gambfing T ^�
L___ from a booth operat�on at this location? ____Yes
------------------- �No
If you answered�'��to the question above,rent limits are —J
If you answered E'�fT 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 P���-tab dispensing device only
The maximum rent ailowed may not exceed$1,750 in total ��� �� � � ,a����
per month for all organizations at this premises.
COMPLETE ONE OPTION: COWipLETE ONE OP'Tipl�;
Option t1: 0 to 10%of the gross profits per month.
Percentage to be paid o�o Option A: 0 to 20%of the gross profits per month.
Percentage to be paid %
Option 8: 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%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 l�enfi
Option D: 0 to 10%of the gross profits per month from all lawful gambling 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 comparabie cost per square foot for leased space,as
f opr�The b ssoe mlust attach documen'#at o�,�veri ed by he o gan zati npto confirmb'he�omparab er ate a d all a li
be paid by the organization to the�essor. per square
pp cable costs to
Bar �ingo. . . t�a rer�t rn�y E�e p�ic�ffor bir�go conclucfed ir� � bar.
�.C2'�� Lease ��� E�av���i ��r�tblir� �cfiivit 3i�� Page 2 of 2
Lease Term-The term of this lease agreement will be I 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 gambling-related
;equipment and services or in the use of net profits for lawful purposes.
Nianagement of Gamblirtg Rrohibited -The owner of �
the premises or the lessor will not manage the condud of The lessor,the lessor's immediate family,any person residing in the same
gambling at the premises. �residence as the lessor,and any agents or employees of the lessor will
�not require the organization to perform any action that would violate
Participation as Piayers Prohibited-The lessor will not"�atute or rule. The lessor must not modify or terminate this lease in
participate directly or indirectly as a player in any lawful �ole or in part due to the lessor's violation ofthis provision.If there is
gambling conducted on the premises. The lessor's immediate �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 finai 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 I When a violation of this provisfon is alleged. The arbitrator shall be the
;CRG.
349.181. �
i
Illegal Gamb!'sng '�4ccess 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 609J5,and the penalties for illegal 'revenue and public safety and their agents,and law enforcement
gambling violations in Minnesota Rules 7865.0220,Subpart 3.In�Personnel to enter and inspect the permitted premises at any reasonable
addition,tlie 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 gambting 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 ;
gambling and did not take prompt action to stop the gambling. i Lessor records
Continued tenancy of the organization is authorized without !The lessor must maintain a record of all money received from the
payment of rent duri ng the time period determined by the Board organization,and make the record avai�abfe to the Board and its agents,
for violations of this provision,as authonzed by Minnesota and the commissioners of revenue and public safety and their agents
Statutes 349.18,Subdivision 1(a). i upon demand.The record must be maintained for 3-1/2 years.
To the best of the lessor's knowledge,the lessor affirms that (�ent a[t-inclusive
any and all games or devices located on the premises are.not ':,Amounts paid as rent by the organization to the tessor are all-inclusive.
being used,and are not capable of being used,in a manner �No other services or expenses provided or contracted by the lessor may
that violates the prohibitions against illegal gambling in I�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 removai - 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 609J5,uniess the leased premises must be approved by the diredor of the Gambling
organization's agents responsible for the illegal gambling activity�Control Board. Rent payments may not be made to an individual.
are aiso agents or employees of the lessor.
Changes in lease
71ie lessor must not modify or terminate�e{ease 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 wiil 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 occu�s,the organization will
participate. �� submit a new lease to the Board within 10 days after the new lessor
ihas assumed ownership.
Acknowiedgrnent 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 agreemenis are contained in or attached to this lease and are subjed to the approval of
the director of the Gambling Control Board.
The lease may be terminated by either party without cause with a 30-day written notice.
Other terms �� � �`�� /�
�
� � /
: �
�
S�n f lessor � Date Signat of organization officiai {le ee) Date
__..�. E -��- � � Z �- f
Print name an itle of lessor Print me and title oi les�see-
F 1O��4�� �f�F�'��/ "�',��� i //"/G��J Lr..� �t�/O.�
Questions? Contact the Licensing Section, Gambiing Controi Board,at 651-639�}000.This publication will be made available in
alternative format (i.e. large print, Braille) upon request. Data privacy notice: The information requested on this form and any
attachme�is 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.
�t'1{9� �O�ir'� �@��'O�'6it�
DRAFT RESOLUTION FOR DENIAL
RESOLUTION NO. OS-17-11-03
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 far conformance with the requirements
of Ordinance No. 100 adopted on March 6, 2007; 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 fines and license
suspensions;
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 because 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 17th day of May, 2011.
Randall Simonson, Mayor
ATTEST:
Anne Hurlburt, Administrator/Clerk
DRAFT RESOLUTION FOR APPROVAL
RESOLUTION NO. OS-17-11-03
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.
Adopted by the Scandia City Council this 17th day of May, 2011.
Randall Simonson, Mayor
ATTEST:
Anne Hurlburt, Administrator/Clerk