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91-001 ORD . ORDINANCE 91 - 1 AN ORDINANCE AMENDING SECTION 716 OF THE CITY CODE OF ORDINANCES RELATED TO REGULATIONS FOR PULL TAB LICENSES AND REQUIRING PERCENTAGE OF NET PROFITS TO BE SPENT WITHIN THE TRADE AREA The City Council of the City of Elk River does ordain as follows: Section 716.06 of the City Code of Ordinances is amended to read as follows: 716.06 Pull-Tab Regulations - 1. Statement of Purpose. 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. 2. No pull-tab license or renewal will be approved for: (a) Any organization to conduct a pull-tab distribution on any premises other than a church, the premises of a fraternal, veterans, or other nonprofit organization, or the premises of an on-sale liquor license of the City of Elk River. (b) Any organization or local subdivision thereof, unless all of the following requirements are met: . (1) The organization of the local subdivision has been in continuous existence holding meetings and conforming with the requirements of this paragraph (b) for more than three (3) years prior to the approval of the license, and (2) Pursuant to Minnesota Statutes Section 349.213, seventy-five (75%) of the yearly net profits of any Elk River pull-tab distribution will be spent in the trade area of the City of Elk River or on items or activities that will directly benefit citizens of the City of Elk River. For purposes of this sUbparagraph (2), the term "net profits" shall mean all monies received from the pull-tab purchasers minus amounts spent for necessary statutorily allowed expenses related to the pull-tab distribution. -- e - (3) 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. 3. Reporting. On a quarterly basis, (April 1, July 1, October 1 and January 1) the organization shall file with the City Clerk a report in the same form and content as filed with the State Gambling Board. On a yearly basis, a report shall also be filed with the City Clerk showing that the requirements of Section 2b(2) of this ordinance are met. Passed and adopted by the Elk River City Council this 7th day of January, 1991. Effective upon publication. /~{' 1 i1 ,. ;;,..' ,'. ~I . ~ , James A. Tralle, Mayor ATTEST: /} 'I Affidavit of publication .' . QRDlN~cE91-1.. AN.Q~.. ..... CE......~.. '. G.... iSECl'lON'm O1lnm em.. C()J;JJ: ()FOllDJN .. REJ...4TEDTQREeJULA: FORPtJLLTABI..lCEN'$IS 'Am> ~~r:lo~_F WD'1JIl'l THETRAnE AREA ~e .CityCou!,cU of the City of Elk River.does or4ainasfoIlOwll:' . Se~ion716'0G0f the City Code of OrdinanoosIs ~en~to1'eadas .fol- lows:. ..... . ". .... .. ...... ....'.. 716.06~ll.Tab Regulations 1.Stat4lJllent ~t~ It is the $t.ated policy o!theCityCCluncU ofthe CIty of Elk RIVe!' that, to the extent IilWfu. I, fflgu. . latedganililfug. is. permit- ted within t.he City, the net profits. and p~ of..gambling shall..directl ~nefit the citizens of the City of E~ RIver. 2. No Jiu.ll.tab license or renewtllwill be apProved for: (aJAnyorganiziltionUlcol1duct il.pull- tab distribution on any Pterxrlses other than a ch,urch. the.premises of afrater. na}'. ~l"tUlS' orothern,onprotit or- ganuatlOn. or thePrelllises of.att ott. ~le liquor licenseofth~CitY'C)fElk RIver.' I (b) Anyorgan~ationorlOC1l1Sl1bdivi. sioil~h~f'l1nlesll aU of the following reqU1rementsaremet: .(l)::r'he organ~ationofthe loCal sUb- diVlSlon has been iri contiriuous exis- tence holding meetirigs and conforming with the. requjrements of thiS para- ~ph (b)for mere thanth1'ee(8) years pnor to~aPProval of the licetlse and (2) Pursuant to. ~nesotaStaiu.tes Sootio~34~.218,seventy-five (75%) of the yearly ll.et profits of any Elk River pull.tab distribution wiIlbespe~tin the trade lU"ea of the City ofElkRiV'e1' or on items or activities that will directly benefit citizens of the City l)fEIltRiver. For pUrpo8ell ofthissuhpClragraph(2) the term "netprotits" sh,all meanati moniesre<;eived from the puU-tabpur- chasersnunus. ameU1J.tSspeIlt for nee- eSl!arystatutorily allow~ expen~s rela~d to the pull.tab distributiOn. (3)T]],e tenn"trade areil" shall mean all ofth~t.area.descn~'below: The CIty. of ,Elk River, the . City of ~tthe CI~ of OtsejfO, the City of . . STATE OF MINNESOTA ) )ss. COUNTY OF SHERBURNE) I . p(fV\ ~~ ' being duly swortl, on oath says at 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 {);UU/Vl.(I/JUlV q I-I which is attached was cut from the columns of said newspaper, and was printed and published once each week, for I suc- cessive weeks; it was first published on Wednesday, the lfo-:.J!l day of ~~ ,1931-. and was thereafl.er printed a d published n every Wednesday to and including Wednesday,the_dayof ,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 de fghij klm no p qrstu vwxyz By95vvt ~' TITLE: y J;;t)!YU / ro-tPl day of Subscribed and sworn to before me on this rll~-^tJ ,19Cj( NO~~ m. ~~~ ',),~-""<l;~" CiNDY M S.'" 'i'l? ."1\''''.(1 j; ;: If;;.; !.':...\ .. ... 1".-1'. _t""~" ,>." ~ ," . .""_ _.,,~ ",...,.. ."'" "'..,.. - C> 'l :' ' n'''' { AIIOV ^ "- . . , '< 'l~ ',",~lih/~)~~~ ,,'\~ r.:"1l ;t^~}I...J!':TY ~ RATE INF~TI~rlllm$Slon Exph3 JUil~ .0. lS~I~ ~; (1) Lowest classified rate paid by. '~i~V:"" ''''~~HHN.f.NI~ commercial users for comparable ~ ~~ $ 1'~~ (2) Maximum rate allowed by law for the above matter (3) Rate actually charged for the above matter $ 51. lCj $~