HomeMy WebLinkAboutCity Council Ordinance 2023-04 CITY OF PLYMOUTH
ORDINANCE No. 2023-04
ORDINANCE AMENDING SECTION 1 105 OF THE PLYMOUTH CITY CODE
CONCERNING LAWFUL GAMBLING
THE CITY OF PLYMOUTH, MINNESOTA ORDAINS:
Section 1.Amendment of City Code.
Section 1105 of the Plymouth City Code is hereby amended,with existing text,deleted text,
and new text,as follows:
1105.01.-Purpose.
The purpose of this Ordinance is to regulate and control the conduct of gambling,to ensure
integrity of operations,and to provide for the use of net profits only for lawful purposes.
(Ord. 2003-02, 1/28/2003)
1105.02.-Provisions of State Law Adopted.
The provisions of Minnesota Statutes, Chapter 349, are hereby appointed and made a part of
this Ordinance as it set out in full.
(Ord. 2003-02, 1/28/2003)
1105.03.-Lawful Gambling.
There shall be no gambling in the City except as authorized pursuant to the provisions of
Minnesota Statutes,Chapter 349, and the rules adopted pursuant to the authority contained in the
statutes.Gambling shall be operated in accordance with the terms and conditions specified in this
division,other applicable Plymouth City Ordinances and state and federal laws and regulations.
(Ord. 2003-02, 1/28/2003)
1105.04.—No City Permit Required.
Except for an organization licensed by the Board, •: :- • • ••- : •: •. •• : '•. - -
no City permit or approval is required for organizations which would otherwise be allowed pursuant
to the exclusions and exemptions set forth in Minnesota Statute 349.166,without First securing a
(Ord. 2003-02, 1/28/2003)
1105.05.-City Approval Required.
Subd. 1. Premises Permit. No person may conduct a gambling event within the City,without
first securing a premises permit from the Board,with a resolution from the Council approving the
premises permit.The Owner of the premises for which a premises permit is issued must comply with
the requirements of Minnesota Statute 349.18 in renting or using the premises for lawful gambling.
Ordinance 2023-04
Page 2
- ..• - •
- • _ . - - . .
ordinances of the Cit..
the premises.
F. If the applicant has not been in existence for at least three years or docs not have at
(Ord. 2001-08, 2/27/2001;Ord. 2003-02, 1/28/2003)
1105.06.-Application/Reporting Regulations/Investigation.
Subd. 1. 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 within the State Gambling Control Board pursuant to Minnesota Statues,
Chapter 349, and the rules and regulations promulgated thereunder, and submit any additional
information required by the City.
Subd. 2.Any organization leasing premises for the conduct of lawful gambling shall, upon
request from the City,file with the City a copy of the lease within one week after execution of the
lease.The lease shall not provide for rental payments based on a percentage of receipts or profits
from lawful gambling.
Subd. 3. Upon receipt of an application for a premises permit er hinge hall license or renewal
thereof,the Police Chief shall review the application and make a recommendation to the City
Council.As part of the investigation,the Police Chief shall obtain from the applicant or the board the
data and background information submitted by the applicant as part of the state licensing and
premises permit application.The Police Chief shall also obtain other information received by the
board pertaining to the eligibility and qualifications of the licensed organization to conduct or
continue to conduct lawful gambling at the premises specified in the application.
Subd.4. Every gambling event in the City conducted by an organization under state license
shall be open to inspection by the City and the County Sheriff's Department.
Subd. 5.The City may inspect, at any reasonable time without notice or search warrant, all
records of a licensed organization required to be maintained by the State Gambling Control Board.
(Ord. 2003-02, 1/28/2003)
Ordinance 2023-04
Page 3
1105.07.-Local Investigation Fee.
An investigation fee in the amount set forth in Chapter X is imposed on organizations of
ego hails applying for or renewing a license to conduct lawful gambling or operate a bingo halt.
(Ord. 2003-02, 1/28/2003;Ord. 2004-12,7/27/2004)
1105.08.-Notice,Approval or Disapproval of Premises Permits.
Subd. 1. Notice.The Board shall notify the Council pending application or renewal for a
premises permit er binge hail license The applicant shall cooperate fully with the City in supplying all
information provided for in this ordinance.The Council shall determine whether the organization
meets all the criteria provided for in this Ordinance necessary to approve a premises permit-er-bingo
hall license
rtmr-ricc�-ric.
Subd. 2.Approval or Disapproval. Each pending application for a premises permit or bingo
4a-1-1-ken-se shall be approved or disapproved by resolution of the Council within 60 days or receipt of
a complete application.
(Ord. 2003-02, 1/28/2003)
1105.09.-Authorized Organizations.
An organization shall not be eligible to conduct lawful gambling in the City unless it meets
the qualifications in Minnesota Statute 349.16,Subd. 2, and also meets at least one of the following
conditions:
Subd. 1.The physical site for the organization's headquarters or the registered business
office of the organization is located within the City at least two years immediately preceding
application for a license;or
Subd. 2.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
Subd. 3.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 and has been located
within the City for at least two years immediately preceding application for a license.
Subd.4.The organization is a fire relief organization that provides fire protection services to
the City.
(Ord. 2003-02, 1/28/2003;Ord. 2009-05,4/14/2009)
1105.10.-Qualifications.
The Council shall not adopt a resolution approving a premises permit hinge hall license
from any applicant:
Subd. 1.Which has an officer, director,or other person in a supervisory or management
position,who:
A. Has ever been convicted of a felony;
B. Has ever been convicted of a crime involving gambling;
Ordinance 2023-04
Page 4
C. Is not of good moral character and repute;
D. Has ever been convicted of(i)assault, (ii) a criminal violation involving the use of a
firearm,or(iii) making terroristic threats; or
Subd. 2.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.
(Ord. 2003-02, 1/28/2003)
1105.11.-Location Criteria for Premises Permits and Bingo Hall icences.
All organizations applying for a premises permit or bingo hall license must meet criteria set
forth herein relating to location of lawful gambling activities.
Subd. 1.An organization may conduct lawful gambling only on premises it owns or leases,
except as authorized by Minnesota Statute 349.18.
Subd. 2.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.
Subd. 3. 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.
a location at which the fraternal location has been since on or before 1975, no premises permit shall
- . . . . - - - • .. -- - - - - - - - , -- - _ - - . - •
-
The distance shall be measured from the edge of a free standing building or tenant space of a
business in a multi tenant building to the nearest point of the parcel or lot upon which the residence,
(Ord. 2003-02, 1/28/2003;Ord. 2009-04, 3/10/2009;Ord. 2009-08, 5/12/2009;Ord. 2013-01,
1/8/2013)
1105.12.-Distribution of Proceeds.
Subd. 1. Each organization licensed to conduct gambling within the City shall contribute to a
fund administered and regulated by the City,for distribution by the City for purposes authorized
under Minnesota Statute 349.213, Subd. 1, an amount equal to ten percent of the organization's net
profits derived from lawful gambling. For purposes of this Section, net profits are profits less
amounts expended for allowable expenses. Payments to the fund shall be calculated for quarterly
periods ending on the last days of March,June, September and December of each year.Quarterly
installment payments shall be submitted together with verifiable supporting documentation, not
later than the twentieth day of the month following the end of the quarterly period.
Subd. 2.Each organization conducting lawful gambling within the City must expend 75
percent of its lawful purpose expenditures on lawful purposes conducted or located within the trade
area of the City,which shall be limited to the corporate limits of the City or any municipality
contiguous to the City.This section applies only to lawful purpose expenditures of gross profits
derived from lawful gambling conducted at premises within the City.Annually, each organization
Ordinance 2023-04
Page 5
must file with the City a report prepared by an independent certified public accountant documenting
compliance with this Section. In addition, each organization must submit a report to the City each
January listing all lawful purpose expenditures from January 1 through December 31 of the preceding
year.
The report shall identify the name of the entity to whom the check was written,the City
location of the recipient and the amount of the donation.
(Ord. 2003-02, 1/28/2003; Ord. 2005-29, 11/08/2005)
1105.13.-Penalties.
Subd. 1.Violation.Violation of any provision of this Ordinance shall be a misdemeanor.
Nothing in this Ordinance shall preclude the City from enforcing this Ordinance by means of any
appropriate legal action.Additionally, a violation of this Chapter shall be reported to the Board and a
recommendation shall be made for suspension, revocation or cancellation of an organization's
license.
Subd. 2. Suspension and Revocation.Any permit may be suspended or revoked for any
violation of this Ordinance.A permit shall not be suspended or revoked until the procedural
requirements of Subsection C have been complied with, provided,that, in cases where probable
cause exists as to an ordinance violation,the City may temporarily suspend upon service of notice of
the hearing provided for in Subsection C.Such temporary suspension shall not extend for more than
two weeks.
Subd. 3. Procedure.A permit shall not be revoked until notice and an opportunity for a
hearing have first been given to the permittee.The notice shall be personally served and shall state
the ordinance provision reasonably believed to be violated.The notice shall also state that the
permittee may demand a hearing on the matter, in which case the permit will not be suspended until
after the hearing is held. If the permittee requests a hearing, one shall be held on the matter by the
Council 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 terminate the
permit.
(Ord. 2003-02, 1/28/2003)
1105.14.-Enforcement Responsibility.
Nothing in this ordinance shall be construed to require the City to undertake any
responsibility for enforcing compliance with Minnesota Statutes, Chapter 349, other than those
provisions related to the issuance of premises permits as required in Minnesota Statute 349.213,as
may be amended from time to time.
(Ord. 2003-02, 1/28/2003)
Section 2. Effective Date.This amendment shall take effect immediately upon its passage.
ADOPTED by the City Council this 27th day of June, 2023.
Jeffry Wosje, Mayor
Ordinance 2023-04
Page 6
ATTEST:
Jodi allup,City Clerk