4.4. SR 12-20-1999
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Item #4.4.
MEMORANDUM
TO:
Mayor & City Council
FROM:
Sandra Peine, City Clerk
DATE:
December 20, 1999
SUBJECT: Premise Permit Renewal Request by
American Legion Post 112
The American Legion Post 112 has requested to renew its premise permit to
conduct charitable gambling. The permit will run for two years - 3/1/2000 to
2/28/2002.
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The city's ordinance requires that 75 percent of the lawful purpose
expenditures be spent within the city's trade area. The trade area for Elk
River consists of the following cities: Elk River, Ramsey, Otsego, Rogers, and
Zimmerman. The attached chart shows that the amount of expenditures spent
in the trade area in 1998 and the first half of 1999 were over 75 percent.
The city is recommending approval of the premise permit based on the
conditions of the city's ordinance being met by the American Legion
organiza tion.
Action Requested
Council motion adopting the attached resolution approving a premise permit
for the American Legion to conduct lawful charitable gambling at the
American Legion Post 112.
s: \ council \amleg.doc
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13065 Orono Parkway · P.O. Box 490. Elk River, MN 55330. TDD & Phone: (612) 441-7420. Fax: (612) 441-7425
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EXPENDITURE OF FUNDS - AMERICAN LEGION
LEGION - AT LEGION - 1998
TOTAL ELK RIVER ELK RIVER OTHER OTHER
MONTH EXPENDITURES MONEY PERCENT MONEY PERCENT
JANUARY $2,546 $1,896 75% $650 25%
FEBRUARY $9,624 $5,622 58% $4,002 42%
MARCH $0 $0 0% $0 0%
APRIL $841 $841 100% $0 0%
MAY $9,404 $7,404 79% $2,000 21%
JUNE $356 $161 45% $195 55%
JULY $0 $0 0% $0 0%
AUGUST $2,645 $2,437 92% $208 8%
SEPTEMBER $4,263 $4,263 100% $0 0%
OCTOBER $1,551 $1,551 100% $0 0%
NOVEMBER $1,308 $957 73% $350 27%
DECEMBER $11,504 $10,168 88% $1,336 12%
TOTALS $44,042 $35,300 80% $8,741 20%
LEGION - AT LEGION - 1999
TOTAL ELK RIVER ELK RIVER OTHER OTHER
MONTH EXPENDITURES MONEY PERCENT MONEY PERCENT
JAN UARY $2,877 $2,397 83% $480 17%
FEBRUARY $4,135 $2,705 65% $1,430 35%
MARCH $9,747 $9,397 96% $350 4%
APRIL $3,513 $3,013 86% $500 14%
MAY $2,612 $1,734 66% $878 34%
JUNE $268 $175 65% $93 35%
JULY $3,822 $3,429 90% $393 10%
AUGUST $1,779 $1,369 77% $410 23%
SEPTEMBER $1 ,425 $1,048 74% $377 26%
OCTOBER $795 $500 63% $295 37%
NOVEMBER #DIV/O! #DIV/O!
DECEMBER #DIV 10! #DIV/O!
TOTALS $30,973 $25,767 83% $5,206 17%
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716.06 - LICENSE RESTRICTIONS
1. City may Disapprove Premises per.mit based on the following
Requirements:
A. The City reserves the right to disapprove a Premises
Permit application for individual bingo occasions,
raffle games, and pull-tab operations for any of the
following reasons:
i. Violation by the applicant of any statute, rule,
regulation or ordinance relating to gambling.
ll. Failure to make reports required by any
applicable ordinance, rule, regulation or statute.
iii. Any reason which would justify the Minnesota
Gambling Control Board in denying an application for a
license.
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.
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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 Per.mits 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.
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716.08 - EXPENDITURES FOR LAWFUL PURPOSES WITHIN TRADE AREA
1. Trade Area: The term "trade area" shall mean all of that
area described below:
The City of Elk River, the City of Ramsey, the City of
Otsego, the City of Rogers, and the City of Zimmerman.
2. Expenditures for Lawful Purposes: Any organization holding
a Premises Permit to conduct lawful gambling within the City
of Elk River shall be required to expend seventy-five
percent (75%) of its lawful purpose expenditures conducted
or located within the City's trade area.
A. An organization that conducts gambling on fewer than
five (5) days in a calendar year is exempt from the
requirements of this Section.
716.10 - REPORTING REQUIREMENTS
1. Every organization licensed to conduct gambling in the City
of Elk River shall file with the City Clerk copies of the monthly
State gambling report and Schedule C required to be filed with
the Minnesota Lawful Gambling Control Board pursuant to Minnesota
Statutes, Chapter 349. The records and reports shall be due at
the same time they are due to the Gambling Control Board.
2. Every organization licensed to conduct gambling in the City
of Elk River shall file with the City Clerk an annual summary
report of the expenditures for lawful purposes within the trade
area.
3. Organizations conducting gambling activities in other
communities as well as Elk River shall segregate the gross
receipts, expenses, profits and expenditure of profits from the
Elk River Operation.
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RESOLUTION 99-_
A RESOLUTION OF THE CITY OF ELK RIVER
A RESOLUTION APPROVING PREMISE PERMIT RENEWAL FOR
THE AMERICAN LEGION POST 112
WHEREAS, the American Legion Post 112 has made application to the
State Control Board for a Premise Permit Renewal; and,
WHEREAS, the Premise Permit will allow charitable gambling on the
premises of the American Legion Post 112 located at 525
Railroad Drive in the City of Elk River; and,
WHEREAS, the American Legion Post 112 has met the city's requirement
of spending 75 percent of its lawful expenditures within the
city's trade area during the past two years.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Elk River, Minnesota that a Premise Permit for the American Legion Post 112
be granted to allow charitable gambling operations on their site located at 525
Railroad Drive, Elk River, Minnesota.
Passed and adopted this 20th day of December 1999.
Stephanie A. Klinzing, Mayor
ATTEST:
Sandra A. Peine, City Clerk
s: \ document \resoluti \ premperm.doc