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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 The Plymouth City Code, Section 1105 is repealed.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 1 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. 2 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 F.4 Sec. 4. This Ordinance is effective on the date of its publication in accordance with Subsection 110.11. �. . 'MCI ybr Attest: i Citi ' Published: Plymouth Sun -Sailor 11-20-91. JJT22612 PL100-32A