95-032 ORD
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ORDINANCE 95-32
CITY OF ELK RIVER
AN ORDINANCE OF THE CITY OF ELK RIVER AMENDING SECTION 716
(RAFFLES AND GAMBLING DEVICES) BY REPEALING SECTION 716
(RAFFLES AND GAMBLING DEVICES) AND ENACTING A NEW SECTION
716 IN LIEU THEREOF RELATING TO THE SAME SUBJECT ENTITLED
LAWFUL CHARITABLE GAMBLING
The City Council of the City of Elk River does hereby ordain as follows:
Section 1. That Section 716 of the City of Elk River code of
Ordinances, Raffles and Gambling Devices, is hereby repealed and one new
section adopted in lieu thereof, which shall read as follows:
716 - LAWFUL CHARITABLE GAMBLING
716.00 - DEFINITIONS
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Unless the context clearly indicates otherwise, the words,
combinations of words, terms and phrases as used in Section 716.00
et sea. shall have the meanings set forth in the following
paragraphs:
LAWFUL GAMBLING: The operation, conduct, or sale of bingo,
raffles, paddlewheels, tipboards, and pull-tabs.
ORGANIZATION: 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.
GAMBLING CONTROL DIVISION: The state agency that licenses and
regulates the gambling.
NET PROFIT: Gross profit less reasonable sums actually expended
for allowable expenses
TRADE AREA: All cities contiguous to the City of Elk River
including the City of Elk River, the City of Otsego, the City of
Rogers, the City of Ramsey, and the City of Zimmerman
PREMISES PERMIT: A two-year permit granted by the State Gambling
Control Board for each premises where lawful gambling is to be
~ conducted.
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LAWFUL PURPOSE: 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 Section 349.154.
716.02 LAWFUL GAMBLING
1. Statement of Puroose. It is the stated policy of the City
Council of the City of Elk River 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 of Elk River.
716.04 - LICENSE REQUIRED; REQUIREMENTS FOR ISSUANCE
It shall be unlawful to operate lawful gambling without a license
issued by the Minnesota Gambling Control Division.
1. Licenses. Licenses to operate gambling devices or to conduct
raffles shall be issued only to a fraternal, religious, veterans,
or other nonprofit organization covered by Minnesota Statutes,
Section 349.16.
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2.
Licensinq Procedure.
A. The organization desiring a gambling license must
obtain an application from the Minnesota Gambling Control
Division.
B. The Gambling Control Division may not issue or renew 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 60 days of the date of application
for the new or renewed permit or license.
C. A premises permit issued by the Gambling Control
Division is valid for two years.
716.06 - LICENSE RESTRICTIONS
1.
City may Disapprove Premises Permit based on the followinq
Requirements:
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A. The City reserves the right to disapprove a Premises
Permit application for individual bingo occasions,
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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.
ii. 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.
B. Unless the following requirements are met:
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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.
11. 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.
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.
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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 REOUIREMENTS
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.
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 21st day of December, 1995.
'? / / / /\-.
I "1~::t t.j 1\. ..-u:z:&"'--Y'__
Henry A. Duitsman, Mayor
ATTEST:
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Sandra A: Thackeray,
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Mfidavit of Publication
STATE OF MINNESOTA )
)ss.
COUNTY OF SHERBURNE)
~I!'I\ .11~~
being duly sworn, on oath says that he/she is the publisher or
authorized agent and employee of the publisher of the newspa-
per known as The Elk River Star News, and has full knowledge
of the facts which are stated below:
(A) The newspaper has complied with all the requirements
constituting qualification as a qualified newspaper, as provided
by Minnesota Statute 331A.02, 331A.07, and other applicable
laws, as amended.
(B) The printed ()i~~j Cl6- 3~
which is attached was cut from the columns of said newspaper,
and was printed and published once each week, for " pWc-
cessive weeks; it was first published on Wednesday, the 3-
day of ~~ ' 19~, and was thereafter
printed a a published on every Wednesday to and including
Wednesday, the_day of ,19_;
and printed below is a copy of the lower case alphabet from A to
Z, both inclusive, which is hereby acknowledged as being the size
and kind of type used in the composition and publication of the
notice.
a bc defgh ij klm no p qrs tu vwxyz
BY:~~~~
TITLE: . V
Subscribed and sworn to before me on this ~
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~ YV\, /&Q..-Iu-/VJu~J~J
Notary Pub liP-
day of
RATE INFORMATION
(1) Lowest classified rate paid by
commercial users for comparable
space
(2) Maximum rate allowed by law for
the above matter
(3) Rate actually charged for the
above matter
a: uhiess the followme
~'T':r:r hysi~~~itef:" t organiza-
~~~i arters or the registered
b. of tile 9rgamzation is
} the City of Elk ~iver or
;~i~~~~~.1.~?U8 to the City of ~lk
:'ii~{rThil\ requirement may be ~8jved
i. f<1~:~,a~lJ existing organization which
; ot comply with this requirement
ed, . . Council a.t.the
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