5.3. SR 06-07-2010REQUEST FOR ACTION
ver
To Item Number
Ci Council 5.3.
Agenda Section Meeting Date Prepared by
Administration une 7, 2010 Tina Allard, Ci Clerk
Item Description Reviewed by
Ordinance Amending the Gambling Ordinance and Resolution Lori ohnson, Ci Administrator
Approving a Premises Permit to Zimmerman Fire Department Reviewed by
Relief Association
Action Requested
1. Council motion to adopt an ordinance amending Chapter 38 regarding gambling of the Elk River
City Code.
2. Council motion to adopt a resolution approving a premises permit for the Zimmerman Fire
Department Relief Association.
Background/Discussion
At the May 17, 2010 meeting, Council directed staff to amend the gambling ordinance in order to allow
all organizations listed in the city's trade area to conduct gambling in Elk River.
Many of the changes in the ordinance are language cleanup in order to comply with state law changes.
Under Section 3 the ordinance is amended to allow any organizations located in the city's trade area to
operate premises permits in Elk River. The last sentence is deleted because the city no longer has any
outside organizations grandfathered in to operate premise permits under a previous ordinance
amendment.
Councilmember Motin also stated he would like preferential treatment given to organizations located in
Elk River before other cities in the trade area are allowed a permit. Language has been added to Section 3
stating the organizations located in Elk River would have first preference for permit as long as they axe
meeting the law.
At the last meeting Council also asked for the following data:
7. Gambling Control Board violations of currently licensed organi~ationr
There have been no violations of currently licensed organizations in the past two years.
2. City's right is to deny permits once they are approved.
The city wouldn't have any right to deny a state issued permit but could contact the Gambling
Control Board if it believes an organization is not complying with the gambling laws.
S:\Public Bodies\Council\Council RCA\Licensing\Gambling\2010\Gamb Ord Amendment.doc
Attachments
^ Ordinance Amending Chapter 38, Article V, Legalized Gambling of the Elk River, Minnesota,
City Code
^ Resolution Approving Premises Permit
Action .Motion by Second by Vote
Follow Up
S:\Public Bodies\Council\Council RCA\Licensing\Gambling\2010\Gamb Ord Amendmentdoc
ORDINANCE 10- _
CITY OF ELK RIVER
AN ORDINANCE OF THE CITY OF ELK RIVER AMENDING
CHAPTER 38, ARTICLE V, LEGALIZED GAMBLING OF THE ELK RIVER,
MINNESOTA CITY CODE
The City Council of the City of Elk River does hereby ordain as follows:
Section 1. Section 38-161 titled, Definitions, of the City of Elk River Code of
Ordinances shall be amended to change the following:
Premises permit means a ~e-yeas permit granted by the state gambling control board for each
premises where lawful gambling is to be conducted.
Section 2. Section 38-163 titled, Licenses and permits generally, of the City of
Elk River Code of Ordinances shall be amended to change the following:
(d) The gambling control division may not issue ~ a premises permit or bingo hall
license unless the organization submits a resolution from the city council approving the
premises permit or bingo hall license. The resolution must have been adopted within Fib 90
days of the date of application for the new or renewed permit or license.
Section 3. Section 38-164 titled, Restrictions on issuance of premises permits, of
the City of Elk River Code of Ordinances shall be amended to change the following:
(b) No premises permit will be approved unless:
(1) The organization is conducting the lawful gambling on the premises of a church
or a fraternal, veterans', or other nonprofit organization, or on the premises of an
on-sale liquor license of the city.
(2) The physical site for the organization's headquarters or the registered business
office of the organization is located within the city's trade area Ei~~
f3~ Preference shall be given to organizations located in the Citv of Elk River that
meet all the requirements of the state and city ag; mbling laws
Section 4. That this ordinance shall take effect upon publication as provided by
law.
Passed and adopted by the City Council of the City of Elk River this 7`'' day of
June, 2010.
Stephanie Klinzing, Mayor
ATTEST:
Tina Allard, City Clerk
S:\Public Bodies\Counci]\Ordinances\Gambling Trd Expan.doc
RESOLUTION 10-
A RESOLUTION OF THE CITY OF ELK RIVER
A RESOLUTION APPROVING PREMISES PERMIT
WHEREAS, the City Council of the City of Elk River allows gambling licenses to be
issued within the city;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the Ciry of Elk River
that the Zimmerman Fire Department Relief Association's request for a
premises permit at the Elk River American Legion Post 112, 525 Railroad
Drive, is hereby approved.
Passed and adopted this 7t" day of June 2010.
Stephanie Klinzing, Mayor
ATTEST:
Tina Allard, City Clerk
S: \Administration\Licenses \C;ambling\ Resolution '1'emplate.doc