RES 23-21City of Elk River
ver City Council
Resolution 23-21
A Resolution of the City Council of the City of Elk River Approving a Lawful
Premises Permit
WHEREAS, Elk River City Code § 38, Article V, authorizes legalized gambling,
specifically premise permits within the city. The Fraternal Order of Eagles, Aerie #3264
(Eagles Club) is requesting a second premise permit to operate at the Elk River Golf Club,
20015 Elk Lake Road; and
WHEREAS, per Elk River City Code § 38-166 organizations holding a premises permit to
conduct lawful gambling within the city shall be required to expend 75% of its lawful
purpose expenditures within the city's trade area. The Eagles Club has not met this
requirement for three years (2020, 2021, and 2022); and
WHEREAS, per Minnesota State Law § 349.15 an organization will be evaluated based on
the percentage of annual lawful purpose expenditures when compared to gross profits. An
organization is evaluated to a rating criteria. The Eagles Club has not met this requirement
for three years (2020, 2021, and 2022). The Eagles Club is currently on probation with the
State Gambling Control Board; and
WHEREAS, the Eagles Club have been long-standing community stewards and request
the City Council to consider their history within the community and their unique
circumstances as to why they have been unable to meet state and local requirements.
WHEREAS, the City Council evaluated the testimony and application of the Eagles Club,
and makes the following findings:
1. The Eagles Club is a non-profit organization uniting fraternally in the spirit of
liberty, truth, justice, and equality, to make life more desirable by lessening its ills and
promoting peace, prosperity, gladness and hope.
2. The Eagles Club are long-standing good stewards of the community and have been
around for 58 years, since 1965, helping those in need within the City's trade area.
3. The Eagles Club is recovering from the Covid 19 pandemic of 2020 to 2023, when
many entities were forced to shut down and the Eagles Club suffered the following
effects due to the pandemic:
a. Loss of revenue and a general reduction in the number of requests for
assistance from those in need.
b. A further reduction in requests for assistance due to additional government
benefits being provided such as the Paycheck Protection Program, County
and State aid assistance programs, and Employee Retention Credits.
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4. The Eagles Club is committed to meeting its requirements for lawful purpose
expenditures under City Code and State Law for 2023 and there is good cause to
grant the second premises permit under the circumstances.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Elk
River, Minnesota, that the request by the Fraternal Order of Eagles #3264, located at 824
Railroad Drive, for a premises permit at the Elk River Golf Club, 20015 Elk Lake Road is
hereby be approved.
Passed and adopted this 5'' day of June 2023.
o n J. iie ayor
ATTEST:
Tina Allard, City Clerk
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