HomeMy WebLinkAboutCity Council Ordinance 1991-36ORDINANCE NO. 91- J(G
AN ORDINANCE RELATING TO REGULATION OF
LAWFUL GAMBLING; REPEALING SECTION 1105
OF THE PLYMOUTH CITY CODE, AMENDING
SECTION 1010.01 AND ADDING
SECTION 1106 TO THE CODE
THE CITY COUNCIL OF THE CITY OF PLYMOUTH ORDAINS:
Section 1. The Plymouth City Code, Section 1105 is
repealed.
Sec. 2. The Plymouth City Code is amended by adding a new
section to read:
Section 1106 - Lawful Gambling
1106.01. Lawful Gambling. Subdivision 1.
Adoption by Reference. Minnesota Statutes, Chapter 349
and MCAR 7860, relating to lawful gambling, are adopted
by reference.
Subd. 2. General Rule. Pursuant to Minnesota
Statutes, Chapter 349, bingo may be conducted by
organizations licensed by the State Gambling Control
Board ("Board") only after obtaining approval by the
City of a premises permit or a bingo hall license when
required by state law. No other form of lawful
gambling is permitted in the City.
1106.03. No City Permit Required. No City permit
or approval is required for organizations conducting
bingo that are exempt from licensing by the Board.
1106.05. City Review. Subdivision 1. City
Investigation. Upon receipt of an application for a
premises permit or bingo hall license or renewal
thereof, and upon payment of the investigation fee
required by Subsection 1010.01, Subdivision 2, the
public safety director shall review the application and
make a recommendation to the city council. As part of
the investigation, the public safety director 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 public safety director shall also
obtain other information received by the Board
pertaining to the eligibility and qualifications of the
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licensed organization to conduct or continue to conduct
lawful gambling at the premises specified in the
application.
Subd. 2. City Council Action. Within sixty days
after receiving the premises permit or bingo hall
license application, the city council shall review the
application and review the recommendation of the public
safety .director. No premises permit or bingo hall
license shall be approved:
(a) On premises licensed for the sale of
intoxicating liquor, non -intoxicating liquor or
wine, or on premises having club licenses pursuant
to Minnesota Statutes, Chapter 340A or Chapter XII
of this Code.
(b) On premises that are not owned or leased
by the applicant.
(c) If the activity conducted on the
premises is not a lawful use of the property in
accordance with the applicable provisions of state
law and the regulations and ordinances of the
City.
(d) If there are delinquent real .estate
taxes or special assessments payable with respect
to the premises.
(e) If the applicant fails to provide the
City with any relevent information requested by
the City.
(f) If the applicant has not been in
existence for at least three years or does not
have at least 30 active members as of the date of
the application.
(g) If, in the judgment of the City Council,
the conduct of bingo on the premises will
adversely affect the public health, safety or
welfare.
1106.07. Notification to State Gambling Control
Board. The city manager shall transmit a copy of the
city council resolution pertaining to the application
to the Board.
1106.09. Hours of Operation. Bingo may be
conducted only during the hours of operation permitted
by the Board.
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OCT 31 '91 1F_.:27 HOLtHE3 & GRi VEH
1106.11. Filing of Leases with City.
lease agreement between an applicant and th
premises must be filed with the City within one
execution of the lease.
F.S
A copy of the
e owner of the
week after the
1106.13. Trade Area Restrictions. An organization
conducting bingo within the City must expend all of its
expenditures for lawful purposes only on lawful purposes
conducted and located within the City's trade area. For
purposes of this Subsection, the term,"trade area" means and
includes the area within the boundaries of the Cities of
Plymouth, Maple Grove, Golden Valley, St. Louis Park, New
Hope, Minnetonka, Wayzata, Orono or Medina, or within the
boundaries of Independent School District Nos. 270, 279, 281
and 284.
1106.15. Contribution to City. Each organization
conducting bingo within the City must contribute ten percent
of its net profits derived from bingo to a fund administered
and regulated by the City, without cost to the fund, for
disbursement by the City for lawful purposes. The
contribution must be made annually prior to October 1. The
City's use of such funds shall be determined at the time of
adoption of the City's budget or any amendments thereto.
1106.17. Investigation Fee. An organization applying
for a renewal of a premises permit or bingo hall license must
pay the investigation fee established by Subsection 1010.01,
Subdivision 2, of the Code.
1106.19. Reporting Requirements. Each organization
conducting bingo in the City shall provide the City with
copies of all reporting documents submitted to the Board.
Such reports shall be submitted to the City in such forms and
at such times as required for the reporting to the Board.
Organizations conducting bingo in other communities shall
segregate the gross receipts, expenses, profits and
expenditure of profits from the operation in the City. The
City may, from time to time, also require such additional
reporting as is necessary to carry out the intent of this
section.
Sec. 3. The Plymouth City Code, Subsection 1010.10,
Subdivision 2, is amended as follows:
Bingo
Investigation Fee$5 eaGh
.77T22612
PL100-32A
1106 $-3-30 $250
CBCT =:1 '91 IC:E8 H jU IES R.. 6F,A,.2EN
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Sec. 4. This Ordinance is effective on the date of its
publication in accordance with Subsection 110.11.
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'MCI ybr
Attest:
i
Citi '
Published: Plymouth Sun -Sailor 11-20-91.
JJT22612
PL100-32A