5.4. SR 09-22-1997ITEM 5.4.
c~ty of
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
Mayor and City Council
Sandra Thackeray, City Clerk
September 22, 1997
Charitable Gambling Ordinance
Amendment
On September 8, 1997, the City Council reviewed the city's existing
charitable gambling ordinance as it pertains to the number of premises
permits allowed per organization. The Council indicated its concern with the
ratio of gambling organizations to the limited number of establishments
available to sell pull tabs in Elk River.
At the September 8 council meeting staff was directed to prepare an
ordinance amendment for council review that would limit the number of
premises permits per charitable gambling organization to one. (See attached
ordinance amendment). Council also directed that the VFW and Elk River
Youth Hockey be grandfathered for a ten year period because both
organizations presently have two premises permits and because a ten year
period represents a reasonable time-frame to exempt both organizations from
the ordinance amendment. The grandfather clause will allow the VFW and
Elk River Youth Hockey to hold their existing premises permits for ten years
provided they are renewed every two years. The grandfather clause does not
allow them to switch premises during that ten year period.
RECOMMENDED COUNCIL ACTION:
Motion adopting attached ordinance amendment to Section
716.06 of the City of Elk River Code of Ordinances Relating to
Premises Permits for Charitable Gambling.
Motion to exempt the following organizations, which are
currently licensed to have two premises permits, from the
ordinance amendment in the following manner:
13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · TDD & Phone: (612) 441-7420 ° Fax: (612) 441-7425
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To allow the VFW two premises permits for up to ten
years from the date of this ordinance amendment; one at
the Sunshine Depot and one at the Eagles Club, provided
the premises permits are renewed as required under the
City Code and State Law.
To allow Elk River Youth Hockey two premises permits
for up to ten years from the date of this ordinance
amendment; one at Dick's Riverfront Bar and one at
Time Out Sports Bar, provided the premises permits are
renewed as required under the City Code and State Law.
\\elkriver\sys\shrdoc\council\premmemo.doc
ORDINANCE 97-
AN ORDINANCE OF THE CITY OF ELK RIVER
AN ORDINANCE AMENDING SECTION 716.06 OF THE CITY OF ELK RIVER
CODE OF ORDINANCES RELATING TO LICENSE RESTRICTIONS AND THE
NUMBER OF PREMISES PERMITS ALLOWED FOR CHARITABLE GAMBLING
Section 1. That Section 716.06 titled "License Restrictions" be
hereby amended by deleting the sentence at the end of Section 2
A. and by adding Section 3 A. and B.
2. No Premises Permit or renewal will be approved unless:
A. The organization is conducting the lawful gambling on
the premises of a church, a fraternal, veterans, or other
nonprofit organization, or on the premises of an on-sale
liquor license of the City of Elk River. ~"w~ cnc (~)~
B. Unless the following requirements are met:
i. The physical site for the organization's
headquarters or the registered business office of the
organization is located within the City of Elk River
or a city contiguous to the City of Elk River.
ii. This requirement may be waived for an existing
organization which does not comply with this
requirement if approved by the City Council at the
time of the Premises Permit renewal.
3. Number of Premises Permits Allowed:
A. Only one (1) premises permit shall be allowed per
premises for lawful gambling operations.
B. Only one (1) premises permit shall be allowed per
organization for lawful gambling operations.
Section 2. That this Ordinance shall take effect and be in full
force from and after the date of its publication.
Passed and adopted by the City Council of the City of Elk River
this 6th day of October, 1997.
ATTEST:
Henry A. Duitsman, Mayor
Sandra A. Thackeray, City Clerk
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