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HomeMy WebLinkAbout6.j. Charitable Gambling Permit for Shenanigans, McDivot's, and VFWAGENDA ITEM: Charitable Gambling Permit for Shenanigans Pub, McDivot's Sports Pub Eatery, and VFW Post 9433 AGENDA SECTION: CONSENT PREPARED BY: Linda Jentink, City Clerk AGEN[1 I r �f ATTACHMENTS: Resolutions, Letters, City Code APPROVED BY: /e RECOMMENDED ACTION: MOTION to adopt two resolutions approving Chari le Gambling Premises Permits for Baseball Association #191 at Shenanigans Pub, 14605 S. Robert Tr and McDivot's Sports Pub and Eatery, 14550 S. Robert Tr., and, the Charitable Gambling Premises Permit for the VFW Post 9433 Rosemount, 2625 120 St. W. x ROSEMOUNr CITY COUNCIL City Council Regular Meeting. November 1, 2005 EXECUTIVE SUMMARY ISSUE Council is requested to consider approval to resolutions in support of allowing Baseball Association #191 to maintain charitable gambling pull-tabs at Shenanigans Pub and McDtvot's Sports Pub and Eatery; and, the Rosemount VFW has applied for their gambling preiises pernait renewal. BACKGROUND Charitable gambling is controlled by Minnesota Alcohol and Gambling Enforcement. Rosemount City Council's approval is necessary for Baseball Association #191 and the VFW to proceed with their applications to the State. Shenanigans Pub, located at 14605 South Robert Trail, has leased space to the Baseball Association #191 for charitable gambling since 2004 for pull-tabs. Their premises permit was approved through March 31, 2006; however, it must run concurrent with Baseball Association #191 permit with the State Gambling Board, which expires December 31, 2005. Renewing this gambling premises perinit now will allow the lease permit and gambling premises perinit to coincide. Bill Schneider from McDivot's has noticed the MLBA Children's Fund that they will be cancelmg their agreement within the 30 -day lease contract requirement. Mr Schneider indicated he was not satisfied with NILBA's allocation of funds and expects more funds to be directed to the Rosemount High School with the change of organization to the Baseball Association #191. VFW Post 9433 m Rosemount, located at 2625 120 Street West, is renewing their gambling premises permit on a normal schedule This will allow the State time to process the permit which expires February 28, 2006. A premises permit term is for two years. The charitable gambling ordinance requires 80% of the annual lawful purpose expenditures within the city's trade area. SUMMARY Staff has reviewed the application and finds no reason to deny the Gambling on Premises permits ATTEST: ADOPTED this 1st day of November, 2005. Linda Jenunk, City Clerk CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION 2005 A RESOLUTION APPROVING A CHARITABLE GAMBLING PREMISES PERMIT FOR BASEBALL ASSOCIATION #191 at SHENANIGANS PUB, 14605 SOUTH ROBERT TRAIL AND McDIVOT'S SPORTS PUB AND EATERY, 14550 SOUTH ROBERT TRAIL WHEREAS, the Baseball Association #191 Gambhng Manages Richard D. VanderLaan has approached the City of Rosemount to quahfy for chantable gambling at Shenanigans Pub after December 31, 2005 foi a two year permit that coincides with Baseball Association #191 state gambling license. WHEREAS, the Baseball Association #191 Gambling Manages Richard D. VanderLaan has approached the City of Rosemount to qualify for charitable gambling at McDivot's Sports Pub and Eatery after December 31, 2005 for a two year permit that coincides with Baseball Association #191 state gambling license. WHEREAS, the MLBA Charitable Children's Fund has been noticed that they will no longer be operating the charitable gambling at McDivot's Sports Pub and Eatery after December 31, 2005; and WHEREAS, this is a renewal gambling premises permit for Shenanigans Pub and they are satisfied with the Baseball Association #191 management of pull -tabs. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Rosemount, Dakota County, Minnesota, hereby approves the Baseball Association #191 Gambling Premises Permits to conduct chantable gambling in Rosemount at:. Business /Address Tenn A. Shenanigans Pub at 14605 South Robert Trail; and Jan. 1, 2006 to Dec. 31, 2008 B. McDrvot's Sports Pub and Eatery at 14550 South Robert Trail; Jan. 1, 2006 to Dec. 31, 2008 William H Droste, Mayor I hereby certify that the foregoing is a true and correct copy of a resolution presented to and adopted by the City Council of Rosemount at a duly authorized meeting thereof, held on the 1st day of November, 2005 as disclosed by the records of said City in my possession. (SEAL) CERTIFICATION 2 RESOLUTION 2005 Linda. Jentmk, Rosemount City Clerk Motion by: Second by: Voted ui favor: Voted against: Member(s) absent: 10912 Dakota Court Burnsville, MN 55337 October 10, 2005 City of Rosemount Linda Jentink. Clerk RE: PULL TAB LICENSE RENEWAL Please consider our application for charitable gambling at #1 Shenanigans Pub 14605 Robert Trail South Rosemount, MN #2 McDivots Sports Pub Eatery 14550 South Robert Trail Rosemount, MN If you have any questions, please call me at 952- 890 -8787 or e-mail me at richard vanderlaan.7comcast net. Baseball Association 191 License #05455 Richard D. VanderLaan CEO °Prond to he Sponsors of Baseball Yoath Sports in oiar area" D.E3.A. Mc Divot's Sports Pub 8. Eatery 14550 South Robert Trail Rosc_itour,t, MN 55068 551 1322-1333 October 25, 2005 The City of Rosemount Rosemount, MN 55068 Effective December 1, 2005, expiring December 31, 2005, McDivot's Sports Pub and Eatery, 14550 South Robert Trail, Rosemount, MN 55068, hereby notifies The City of Rosemount of the 30 day cancellation agreement per our leasing contract with the MLBA Charitable Children's Fund. If you have any further questions on this matter, please contact me at the above phone number. Bill Schneider McDivot's Sports Pub and Eatery A RESOLUTION APPROVING A CHARITABLE GAMBLING PREMISES PERMIT FOR ADOPTED this 1st day of November, 2005. ATTEST: Linda Jennnk, City Clerk (SEAL) CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION 2005 VFW Post 9433 Rosemount WHEREAS, the Veterans of Foreign War (VFW) Gambling Manager Robert Saalbom has approached the City of Rosemount to qualify for chantable gambling at the Rosemount VFW Post 9433 after March 31, 2006 for a two year permit WHEREAS, fins is a renewal gambling premises permit request for the VFW Post 9433 Rosemount for the management of pull -tabs. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Rosemount, Dakota County, Minnesota, it hereby approves the VFW Post 9433 Rosemount Gambling Premises Permit to conduct charitable gambling in Rosemount at: Business /Address Term Rosemount VFW at 2625 120th Street West April 1, 2006 to March. 31, 2008 William H Droste, Mayor CERTIFICATION I hereby certify that the foregoing is a true and correct copy of a resolution presented to and adopted by the City Council of Rosemount at a duly authorized meeting thereof, held on the 1st day of November, 2005 as disclosed by the records of said City in my possession. Linda Jentmk, Rosemount City Clerk Motion by. Second by: Voted in favor: Voted against: Member(s) absent: Ga��trrnrr ing Control Minnesota Lawful Gambling (LG200R) Lawful Gambling License Renewal Application Corrections should be made directly on this application Submit one check for all renewal fees, payable to State of Minnesota Organization requirements: 1. An annual organization license fee of $350 is required. Gambling license 187 Current license expires on 2/28/2006 Renewing license from 3/1/2006 to 2/28/2008 Organization: VFW Post 9433 Rosemount Box 104, Rosemount, MN 55068 (612)423 -9938 Dakota County CEO: Robert L Anderson 4331 159th Ct W, Rosemount, MN 55068 Treasurer: Ghisland A Devlaminck 4390 Bent Tree Ln, Eagan, MN 55123 Check this box if this site has been discontinued or will not be renewed. I (651)322 -4659 (651)681 -1319 Board Use Only rCheck this box only if your organization 'qualifies for the waiver of I the organization license fee defined n Minnesota Statute 349 16 Subd 6 Premises permit requirements: 1. An annual premises permit fee of $150, 2. A separate resolution of approval including the site address from the local unit of government, (The local unit of government does not sign this renewal application) and 3. A LG215 lease agreement for each site your organization does not own is required. Board Use Only Site number 001 VFW Post 9433 2625 120th St W, Rosemount, MN 55068 Dakota County 1 Townshlpof(Ifapplicable) Gambling account 107995 Does organization own this site? Y 1st State Bank Does organization conduct bingo on premises? Y N 3025 145th St W, Rosemount, MN 1- cctoa_ If yes, the attached list of the days and beginning and ending hours of your bingo occasions must be updated and returned. October 24, 2005 City of Rosemount 2875 145th Street Rosemount, MN 55068 Dear Linda: This is our request to renew our gambling License for the VFW 9433, for the next two years. Enclosed is a check for $100.00, copies of the Schedule C D for the last two years and a breakdown of donations to Groups within the Rosemount area and outside it. We will need a letter from the city authorizing our license and that fees have been paid so that we can forward it to the Gambling Control Board. 'Robert Saalborn Gambling Manager Rosemount VFW 9433 enclosures 3 -7 -1 SECTION: CHAPTER 7 CHARITABLE GAMBLING 3 -7 -1. Purpose 3 -7 -2: Definitions 3 -7 -3: Lawful Gambling 3 -7 -4: Additional Regulations 3 -7 -5. Consideration Of Local Organizations 3 -7 -6: Penalty 3 -7 -4 3 -7 -1: PURPOSE: The purpose of this chapter is to regulate and control gambling activities and to prohibit the commercializa- tion of these activities. (Ord. XVI 31, 7 -5 -1995) 3 -7 -2: DEFINITIONS: The terms used herein have the meanings set forth in Minnesota statutes, sections 349 11 through 349 22, and in the rules adopted pursuant to the authority contained in the statutes. (Ord. XVI.31, 7 -5 -1995) 3 -7 -3: LAWFUL GAMBLING: There shall be no gambling in the city except in accordance with the provisions of this chapter and the provisions of Minnesota statutes, sections 349.11 through 349.22, inclusive, and rules adopted pursuant thereto. (Ord. XVI 31, 7 -5 -1995) 3 -7 -4: ADDITIONAL REGULATIONS: In addition to the require- ments of Minnesota statutes. sections 349.11 through 349.22, inclusive, and rules adopted pursuant thereto, the following regulations must be complied with: A. Commencing on January 1, 1996, an organization permitted to conduct lawful gambling within the city shall expend eighty percent (80 annually of its lawful purpose expenditures on lawful purposes City of Rosemount July 2005 3 -7 -4 3 -7 -6 conducted or located within the city's trade area, which shall include only the city of Rosemount and any city with a boundary contiguous to Rosemount Each such organization shall submit an annual report to the city clerk, on forms provided by the city. and shall provide a copy of the organization's annual audit, schedule C, and such additional reports. records, and information as the clerk shall deem necessary to demonstrate compliance with this subsection. Such report and supplementary information shall be provided at the time of submission of an application for city approval of the applicant's premises permit. B. No establishment shall allow more than one organization to conduct lawful gambling at one time on its premises or lease to more than one licensed organization. C. An applicant for an initial premises permit or a renewal premises permit shall pay to the city an investigation fee of one hundred dollars ($100.00). (Ord. XVI.31, 7 -5 -1995) 3 7 5: CONSIDERATION OF LOCAL ORGANIZATIONS: Owners of establishments at which lawful gambling is conducted shall maintain a file of qualified organizations which have their place of business in the city and which have expressed written interest to the owner of the establishment in operating lawful gambling activities on the premises. Such file shall be available for inspection by the city clerk or the clerk's designee during normal business hours No lease to conduct lawful gambling on the premises shall be executed, renewed or extended by the owner without first notifying all such organizations in writing that the lease will expire or has expired and giving such organization an opportunity to discuss conducting lawful gambling on the premises. No premises permit will be approved by the council without adequate proof of compliance with this section. (Ord. XVI.31, 7 -5 -1995) 3 -7 -6: PENALTY: Any person violating any provision of this chapter is guilty of a misdemeanor and upon conviction thereof shall be punished as described in title 1, chapter 4 of this code Prior violations of this chapter shall also be grounds, in the discretion of the council, for refusal to approve a premises permit. Additionally, violation of this chapter shall be reported to the Minnesota charitable gambling board and a recommendation shall be made for suspension, revocation or cancellation of an organization's license. (Ord XII.21, 6 -15 -2004) July 2005 City of Rosemount 4 ROSEMOUNT ADMINISTRATION M E M O R A N D U M To: Rosemount City Council Members and Mayor Droste, City Staff From: Jamie Verbrugge, City Administrator Date: November 1, 2005 Subject: Additional Information and one Add -On for City Council Agenda Nov 1, 2005 1. 6.i. Rosemount Industrial PUD Final Development Plant City Attorney LeFevere reviewed the PUD agreement and has recommended some minor changes. See attached. 2. 6.j. Charitable Gambling Permit for Shenanigans, McDivot's and VFW Mayor Droste requested discussion of donations within the Rosemount area. There are two separate resolutions presented: 1) for Shenanigans and McDivot's; and 2) for VFW. A. The VFW submitted schedule C /D- LG1010 showing expenditures for $45,487 and Rosemount area expenditures of $37,837. This represents 83.18% spent in Rosemount and the contiguous area. B. Shenanigan's has a partial report since the permit began March 1, 2004, with Baseball Asso. #191. Payments are shown to Rosemount High School for $45,000 and $1,000 to a Rosemount youth league. Records were not complete, so a percentage was not determined. C. McDivot's is requesting to change organizations to Baseball Asso. #191. History of past donations were not provided. McDivot's now employees MLBA Children's Fund with a gambling on premises pernut term of July 1, 2005 to June 31, 2007. 3. Add On: Executive Closed Session The City Attorney has called a closed session following the regular meeting for negotiations for an Assessment Appeal by Car Nay 5.