ORD 19-24Iver
Ordinance 19- 24
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An Ordinance Amending Chapter 38, Article V. Legalized Gambling, of the City of
Elk River, Minnesota, City Code
The City Council of the City of Elk River does hereby ordain as follows:
SECTION 1. The following sections of the city code shall be amended as follows:
Sec. 38-161. - Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
Gambling control division means the state agency that licenses and regulates gambling.
Lasvfulgamblingmeans the operation, conduct, or sale of bingo, raffles, paddlewheels, tipboards,
and pull -tabs.
Laavfulpurpose means any expenditure by, or contribution to, a 501(c)(3) organization, provided
that the organization and expenditure or contribution are in conformity with standards prescribed by
the gambling control board under Minn. Stats. § 349.154.
Netprofzt means gross profit less reasonable sums actually expended for allowable expenses.
Organization means a religious, fraternal, veterans', or other nonprofit entity which has been in
existence for at least three years, has at least 15 active members and is not in existence solely for the
purpose of conducting gambling.
Premises permit means a permit granted by the state gambling control board for each premises
where lawful gambling is to be conducted.
Trade arra means the following cities and townships: the City of Elk River, the City of Otsego,
the !'`_ty e f D . ger-,.' the City of Ramsey, the City of Nowthen, the City of St. Francis, the City of
Dayton, the Gity of Zimmermita,Big Lake Township, Livonia Township, and Orrock Township.
ExisdM organizations and their premise permit locations that have been approved by the Elk River
City Council 12rior to December 16 2019,_mk_._continue to spend lawful purpose expenditures in the
Cioy of Rogers and the City of Zimmerman as lop as there is no lapse in their premise permit.
Sec. 38-162. - Purpose of article.
It is the stated policy of the city council that, to the extent lawful regulated gambling is
permitted within the city, the net profits and proceeds of gambling shall directly benefit the citizens
of the city.
Sec. 38-163. - Licenses and permits generally.
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(a) It shall be unlawful to operate lawful gambling without a license issued by the state gambling
control division.
(b) Licenses to operate gambling devices or to conduct raffles shall be issued only to a fraternal,
religious, veterans', or other nonprofit organization covered by Minn. Stats. § 349.16.
(c) The organization desiring a gambling license must obtain an application from the state
gambling control division.
(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 90 days of the date of application
for the new or renewed permit or license.
(e) Reserved.
Sec. 38-164. - Restrictions on issuance of premises permit.
(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:
(1) Violation by the applicant of any statute, rule, regulation or ordinance relating to
gambling.
(2) Failure to make reports required by any applicable ordinance, rule, regulation or statute.
(3) Any reason which would justify the state gambling control board in denying an
application for a license.
Sec. 38-165. — Organizations and Premises Eligible
(a) No premises permit will be approved unless:
(1) The organization meets the definition of organization set forth in this Article and is
conducting the lawful gambling on the premises of a church or a fraternal, veterans', or
other nonprofit organization, or on premises of-afflicensed for on -sale liquor license
e€sales by the city.
(2) The physical site for the organization's headquarters or the registered business office of
the organization is located within the City of Elk River. Post Office box
numbers do not quahfy as the main pbvsical office location. Existing organizations an
their premise permit locations that have been approved by the Elk River City Council prior
to December 16. 2019, are exempt from this requirement as long as there is no lapse in
their premise pemut.
(b) Only one premises permit shall be allowed per premises for lawful gambling operations. Up-te
(c) Un to three premises oermits shall be allowed per organization for lawful gambling operations
in the city.
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d If more than one or nization hgykg two or less premises permits applies for a premises
permit for the same location, -priority shall be given to the a -plication submitted first.
(e) Applications for premises permits that are not eligible due to the limit on permits set forth in
Section 13-165 (c)may be granted a waiver from the City Council if, within (30) days from the
date of submittal of the premise permit application to the City, no other eligible organization
has submitted to the C4 an a lication to op erste gambling activities at the premises applied
for by the ineligible organization.
(1) Upon receipt of an application for _a_waiver to allow a premises permit that would
exceed the limit set forth in Section 38-165Cc),the ciy will give notice of the application to
all organizations currently holding a premises permit which could meet the requirements._of
Section 38-165.
C2� If an application for a premises ; ermit which meets all of the requirements of
Section 38-165 is received within 30 days after an aurlication for a waiver is submitted for
the same location reference shall be yen to the application which does not require a
waiver.
(3) If no other applications are received and a waiver is approved, the waiver will be
ranted only for the specific location set forth in the prernise permit application and will
remain in effect for the duration of the original premise permit license.
Sec. 38-465166. - Lawful purpose expenditures by organizations conducting gambling.
(a) Any organization holding a premises permit to conduct lawful gambling within the city shall be
required to expend 75 percent of its lawful purpose expenditures on lawful purposes conducted
or located within the city's trade area.
(b) An organization that conducts gambling on fewer than five days in a calendar year is exempt
from the requirements of this section.
Sec. 38-1675. - Reporting requirements.
(a) Every organization licensed to conduct gambling in the city shall file with the city clerk copies
of the monthly state gambling report and schedule C required to be filed with the state lawful
gambling control board pursuant to Minn. Stats. ch. 349. The records and reports shall be due
at the same time they are due to the gambling control board.
(b) Every organization licensed to conduct gambling in the city shall file with the city clerk an
annual summary report of the expenditures for lawful purposes within the trade area.
(c) Organizations conducting gambling activities in other communities as well as the city shall
segregate the gross receipts, expenses, profits and expenditure of profits from the Elk River
operation.
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SECTION 2.
This Ordinance shall be in full force and effect from and after its passage and publication.
Passed and adopted by the City Council of the City of Elk River this 16`h day of December, 2019.
o n*ietz,or
ATTEST:
Tina Allard, City Clerk
r , a
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA ) ss
COUNTY OF SHERBURNE
Brandi Botts being duly sworn on an oath,
states or affirms that he/she is the Publisher's
Designated Agent of the newspaper(s) known
as:
Star News
with the known office of issue being located
in the county of:
SHERBURNE
with additional circulation in the counties of:
WRIGHT
and has full knowledge of the facts stated
below:
(A) The newspaper has complied with all of
the requirements constituting qualifica-
tion as a qualified newspaper as provided
by Minn. Stat. §331A.02.
(B) This Public Notice was printed and pub-
lished in said newspaper(s) once each
week, for 1 successive week(s); the first
insertion being on 12/21/2019 and the last
insertion being on 12/21/2019.
MORTGAGE FORECLOSURE NOTICES
Pursuant to Minnesota Stat. §580.033
relating to the publication of mortgage
foreclosure notices: The newspaper complies
with the conditions described in §580.033,
subd. 1, clause (1) or (2). If the newspaper's
known office of issue is located in a county
adjoining the county where the mortgaged
premises or some part of the mortgaged
premises described in the notice are located,
a substantial portion of the newspaper's
circulation is in the latter county.
By:
Designated Agent
Subscribed and sworn to or affirmed before
me on 12/21/2019 by Brandi Botts.
41,0 —
Notary Public
Jessica L Crabb
' = Notary Public
Minnesota
My Commission Expires January 31, 2023
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Ad ID 1006585
CITY OF ELK RIVER
ORDINANCE 19-24
AN ORDINANCE AMENDING
CHAPTER 38, ARTICLE V.
LEGALIZED GAMBLING, OF
THE CITY OF ELK RIVER,
MINNESOTA, CITY CODE
The City Council of the City of
Elk River does hereby ordain as
follows:
SECTION 1. The following
sections of the city code shall be
amended as follows:
Sec. 38-161. - Definitions.
The following words, terms and
phrases, when used in this article,
shall have the meanings ascribed
to them in this section, except
where the context clearly indicates
a different meaning:
Gambling control division means
the state agency that licenses and
regulates gambling.
Lawful gambling means the op-
eration, conduct, or sale of bingo,
raffles, paddlewheels, tipboards,
and pull -tabs.
Lawful purpose means any ex-
penditure by, or contribution to,
a 501(c)(3) organization, provided
that the organization and expendi-
ture or contribution are in confor-
mity with standards prescribed by
the gambling control board under
Minn. Stats. § 349.154.
Net profit means gross profit
less reasonable sums actually ex-
pended for allowable expenses.
Organization means a religious,
fraternal, veterans', or other non-
profit entity which has been in exis-
tence for at least three years, has at
least 15 active members and is not
in existence solely for the purpose
of conducting gambling.
Premises permit means a permit
granted by the state gambling con-
trol board for each premises where
lawful gambling is to be conducted.
Trade area means the following
cities and townships: the City of Elk
River, the City of Otsego, the City
of Ramsey, the City of Nowthen,
the City of St. Francis, the City of
Dayton, Big Lake Township, Livonia
Township, and Orrock Township.
Existing organizations and their
premise permit locations that have
been approved by the Elk River
City Council prior to December 16,
2019, may continue to spend lawful
purpose expenditures in the City of
Rogers and the City of Zimmerman
as long as there is no lapse in their
premise permit.
Sec. 38-162. - Purpose of ar-
ticle.
It is the stated policy of the city
council that, to the extent lawful
regulated gambling is permitted
within the city, the net profits and
proceeds of gambling shall directly
benefit the citizens of the city.
Sec. 38-163. - Licenses and
permits generally.
(a) It shall be unlawful to operate
lawful gambling without a license
issued by the state gambling con-
trol division.
(b) Licenses to operate gambling
devices or to conduct raffles shall
be issued only to a fraternal, reli-
gious, veterans', or other nonprof-
it organization covered by Minn.
Stats. § 349.16.
(c) The organization desiring a
gambling license must obtain an
application from the state gambling
control division.
(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 90 days of the
date of application for the new or
renewed permit or license.
(e) Reserved.
Sec. 38-164. - Restrictions on
issuance of premises permit.
(a) The city reserves the right
to disapprove a premises permit
application for individual bingo oc-
casions, raffle games, and pull -tab
operations for any of the following
reasons:
(1) Violation by the applicant of
any statute, rule, regulation or ordi-
nance relating to gambling.
(2) Failure to make reports re-
quired by any applicable ordinance,
rule, regulation or statute.
(3) Any reason which would
justify the state gambling control
board in denying an application for
a license.
Sec. 38-165. — Organizations
and Premises Eligible
(a) No premises permit will be
approved unless:
(1) The organization meets the
definition of organization set forth
in this Article and is conducting the
lawful gambling on the premises of
a church or a fraternal, veterans', or
other nonprofit organization, or on
premises licensed for on -sale liquor
sales by the city.
(2) The physical site for the orga-
nization's headquarters or the reg-
istered business office of the orga-
nization is located within the City of
Elk River. Post Office box numbers
do not qualify as the main physical
office location. Existing organiza-
tions and their premise permit lo-
cations that have been approved
by the Elk River City Council prior
to December 16, 2019, are exempt
from this requirement as long as
there is no lapse in their premise
permit.
(b) Only one premises permit
shall be allowed per premises for
lawful gambling operations.
(c) Up to three premises permits
shall be allowed per organization
for lawful gambling operations in
the city.
(d) If more than one organization
having two or less premises per-
mits applies for a premises permit
for the same location, priority shall
be given to the application submit-
ted first.
(e) Applications for premises
permits that are not eligible due
to the limit on permits set forth in
Section 13-165 (c), may be grant-
ed a waiver from the City Council
if, within (30) days from the date
of submittal of the premise permit
application to the City, no other eli-
gible organization has submitted to
the City an application to operate
gambling activities at the premises
applied for by the ineligible organi-
zation.
(1) Upon receipt of an applica-
tion for a waiver to allow a prem-
ises permit that would exceed the
limit set forth in Section 38-165 (c),
the city will give notice of the appli-
cation to all organizations currently
holding a premises permit which
could meet the requirements of
Section 38-165.(2) If an appli-
cation for a premises permit which
meets all of the requirements of
Section 38-165 is received within
30 days after an application for a
waiver is submitted for the same
location, preference shall be given
to the application which does not
require a waiver.
(3) If no other applications are
received and a waiver is approved,
the waiver will be granted only for
the specific location set forth in the
premise permit application and will
remain in effect for the duration of
the original premise permit license.
Sec. 38-166. - Lawful purpose
expenditures by organizations
conducting gambling.
(a) Any organization holding a
premises permit to conduct law-
ful gambling within the city shall
be required to expend 75 percent
of its lawful purpose expenditures
on lawful purposes conducted or
located within the city's trade area.
(b) An organization that con-
ducts gambling on fewer than five
days in a calendar year is exempt
from the requirements of this sec-
tion.
Sec. 38-167. - Reporting re-
quirements.
(a) Every organization licensed to
conduct gambling in the city shall
file with the city clerk copies of the
monthly state gambling report and
schedule C required to be filed with
the state lawful gambling control
board pursuant to Minn. Stats. ch.
349. The records and reports shall
be due at the same time they are
due to the gambling control board.
(b) Every organization licensed
to conduct gambling in the city
shall file with the city clerk an annu-
al summary report of the expendi-
tures for lawful purposes within the
trade area.
(c) Organizations conducting
gambling activities in other com-
munities as well as the city shall
segregate the gross receipts, ex-
penses, profits and expenditure of
profits from the Elk River operation.
SECTION 2.
This Ordinance shall be in full
force and effect from and after its
passage and publication.
Passed and adopted by the City
Council of the City of Elk River this
16th day of December, 2019.
John J. Dietz, Mayor
ATTEST:
Tina Allard, City Clerk
Published in the
Star News
December 21, 2019
1006585