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HomeMy WebLinkAboutCity Council Ordinance 2003-02[CITY OF PLYMOUTH HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 2003-02 AN ORDINANCE AMENDING SECTION 1105 OF THE PLYMOUTH CITY CODE CONCERNING LAWFUL GAMBLING AND SECTION 1211 OF THE PLYMOUTH CODE CONCERNING LIQUOR LICENSES. THE CITY OF PLYMOUTH ORDAINS: SECTION 1. Section 1105.01 of the Plymouth City Code is amended to read: 1105.01 Purpose. The purpose of this Ordinance is to regulate and control the conduct of gambling, to insure integrity of operations, and to provide for the use of net profits only for lawful purposes. SECTION 2. The Plymouth City Code is amended by adding Section 1105.02 to read: 1105.02 Provisions of State Law Adopted. The provisions of Minnesota Statutes Chapter 349 are hereby adopted and made a part of this Ordinance as if set out in full. SECTION 3. Section 1105.03 of the Plymouth City Code is amended to read: 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. SECTION 4. The Plymouth City Code is amended by adding Section 1105.04 to read: 1105.04. City Permit Required. Except for an organization licensed by the Board, no person may conduct a gambling event which would otherwise be allowed pursuant to the exclusions and exemptions set forth in Minnesota Statutes §349.166, without first securing a permit from the City and paying a permit fee in the amount of $100.00. SECTION 5. Section 1105.05 of the Plymouth City Code is amended to read: 1105.05. City Approval Required. Subd.1. Premises Permit. No person may conduct a gambling event within the City of Plymouth, without first securing a premises permit from the Board, with a resolution from the City Council approving the premises permit. The Owner of the premises for which a premises permit is issued must comply with the requirements of Minnesota Statutes §349.18 in renting or using the premises for lawful gambling. Subd. 2. Bingo Hall License. No person may lease a facility to more than one organization to conduct bingo without the City Council first approving by resolution, a current and valid bingo hall license issued by the Board. SECTION 6. The Plymouth City Code is amended by adding Section 1105.06 to read: 1105.06. Aoalication/Renortine Reeulations/Investieation. Subd. 1. Each organization licensed to conduct lawful gambling in the City of Plymouth 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 (1) 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 or bingo 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 of Plymouth conducted by an organization under state license shall be open to inspection by the City and the County Sheriffs 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. SECTION 7. Section 1105.07 of the Plymouth City Code is amended to read: 1105.07. Local Gamblina Tax. Subd.1. A local gambling tax of three (3) percent per year is imposed on the gross receipts of a licensed organization from all lawful gambling less prizes actually paid out by the organization. Subd. 2. The tax shall be paid by the organization on a monthly basis and shall be reported on a copy of the monthly gambling activity summary and tax return filed with the Minnesota Department of Revenue. The report shall be an exact duplicate of the report filed with the Department, without deletions or additions, and must contain the signatures of organization officials as required on the report form. Subd. 3. The tax return and payment of the tax due must be postmarked, or, if hand delivered, received in the office of the City Clerk, on or before the last business day of the month following the month for which the report is made. Subd. 4. An incomplete tax return will not be considered timely filed unless corrected and returned by the due date for filing. SECTION 8. The Plymouth City Code is amended by adding Section 1105.08 to read: 1105.08. Notice, Approval or Disapproval of Premises Permits. Subd. 1. Notice. The Board shall notify the City Council pending application or renewal for a premises permit or bingo hall license. The applicant shall cooperate fully with the City in supplying all information provided for in this ordinance. The City Council shall determine whether the organization meets all the criteria provided for in this Ordinance necessary to approve a premises permit or bingo hall license. Subd. 2. Approval or Disapproval. Each pending application for a premises permit or bingo hall license shall be approved or disapproved by resolution of the City Council within 60 days or receipt of a complete application. SECTION 9. Section 1105.9 of the Plymouth City Code is amended to read: 1105.9. Authorized Organizations. An organization shall not be eligible to conduct lawful gambling in the City of Plymouth unless it meets the qualifications in Minnesota §349.16 Subd. 2, and also meets at least one of the following conditions: Subd. 1. The organization has at least fifteen (15) members that are residents of the City; or Subd. 2. 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 with the City or a municipality contiguous to the City for at least two (2) years immediately preceding application for a license; or Subd. 3. 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. 4. 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 (2) years immediately preceding application for a license. Subd. 5. The organization is a fire relief organization that provides fire protection services to the City. SECTION 10. The Plymouth City Code is amended by adding Section 1105.10 to read: 1105.10. Qualifications. The City Council shall not adopt a resolution approving a premises permit or bingo hall license from any applicant: Subd. 1. Which has an officer, director, or other person in a supervisory or management position, who: (i) has ever been convicted of a felony; (ii) has ever been convicted of a crime involving gambling; (iii) is not of good moral character and repute; (iv) 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. SECTION 11. Section 1105.11 of the Plymouth City Code is amended to read: 1105.11. Location Criteria for Premises Permits and Binao 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. Subd. 1. An organization may conduct lawful gambling only on premises it owns or leases, except as authorized by Minnesota Statutes §349.18. Subd. 2. Gambling in the City of Plymouth 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 of Plymouth and other regulations contained in this Ordinance. Subd. 4. Area Prohibited. No premises permit shall be issued for any location within 650 feet of any dwelling (residence), school or place of worship. The distance shall be measured from the closest point of the lot lines of the lots on which the uses are located. SECTION 12. The Plymouth City Code is amended by adding Section 1105.12 to read: 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 (10 %) 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 100% 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 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. SECTION 13. Section 1105.13 of the Plymouth City Code is amended to read: 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 (2) 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. SECTION 14. The Plymouth City Code is amended by adding Section 1105.14 to read: 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 Ch. 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. SECTION 15. Section 1010.01 of the Plymouth City Code is amended to read:] Section Requiring 1010.01 Subd.2. Amusements and Entertainment License Fee Schedule SECTION 16. Section 1211.09 of the Plymouth City Code is amended to read:] 1211.09. Prohibited Conditions. C. Gambling?. Gambling and gambling devices are not permitted on licensed premises [except for premises licensed for on -sale intoxicating liquor]. State lottery tickets may be purchased and sold within licensed premises as authorized by the director of the State Lottery. [SECTION 17. Effective Date. This ordinance shall be effective upon passage and publication in accordance with law. This ordinance shall be reviewed by the City Council annually on its anniversary to consider its continuance. Adopted this 28th day of January, 2003 by the City Council of the City of Plymouth, Minnesota. CIW OF P YMOUTH. J d Jon n Mayor ATTEST: andra R. Paulson, City Clerk]