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Home My WebLink About4.h. Charitable Gambling Ordinance - Second Reading � . CITY OF ROSEMOUNT EXECUTIVE SUMMARY FOR ACTION CITY C�[TNCIL MEETING DATE: JLJLY 5, 1995 AGENDA ITEM: CHARITABLE GAMBLING ORDINANCE - AGENDA SECTION: SECOND READING OLD BUSINESS PREPARED BY: SUSAN M. WALSH AGENDA NO. �' �. �' ADNIINISTRATIVE ASSISTANT ATTACHMENTS: ORDINANCE APPROVED BY: From the discussion held at the June 20, 1995 city council meeting, staff is presenting for its second reading and adoption an ordinance regulating charitable gambling in the city of Rosemount. The proposed ordinance will regulate the following with regards to charitable gambling: (1) Organizations wilT be required to spend annually at least 80 percent of its expenditures within Rosemount or within a city contiguous to its boundary; (2) At the time of making application for a premises permit, applicants must submit a copy of its annual audit, State form schedule C and any additional reports the city clerk deems necessary for the organization to substantiate its compliance to the 80 percent requirement. (3} An establishment shall have only one charitable gambling organization at one time; (4) The city will charge a $100 investigation fee when an organization submits its initial application or renewal application. (5) Owners of establishments will maintain a file of charitable organizations who have requested in writing to be contacted when the current lease with an organization will or has expired. Copies of the proposed ordinance have been provided to current license holders and the business establishments where the gambling is being held. The gambling manager of the VFW has expressed some concerns over the 80 percent expenditure requirement. He advised that appro�mately 30 percent of their donations go to veteran hospitals, nursing homes, Fort Snelling rifle squad, fishing trips for veterans, and sweatshirts for veterans in nursing homes. He requested that council give some consideration to the VFW's donations to these veteran organizations. The city council has the option to include exceptions to the 80 percent requirement if the council so choo�es. RECOMMENDED ACTION: MOTION TO ADOPT ORDINANCE XV.8, AN ORDINANCE RELATING TO THE REGULATION OF CHARITABLE GAMBLING; ADDING NEW CHAPTER 6 TO TITLE 3 OF TI�ROSEMOUNT CITY CODE OF ORDINANCES. COUNCIL ACTION: „ � ,. . CITY OF ROSEMOUNT COUN'I'Y OF DAKOTA STATE OF MINNESOTA ORDINANCE N0. p,N OR.DINANCE RELATING TO T� w CHAPTER 6 O CHARITABLE GAMBLING; ADDING NE TITLE 3 OF THE ROSEMOUNT CITY CODE OF ORDINANCES � CITY COUNCIL OF THE CITY�F ROSEMO[JN'I',M.INI`IESOTA ORDAINS that Tide 3 of the Rosemount City Code of Ordinances is amended by adding new Chapter b as follows: CHAPTER 6 CHARTI'ABLE GAMBLING SECTI4N: 3-b-L• Purpose I 3-b-2: Definitions 3-6-3: Lawful Gambling 3-6-4: Additional Reguiations aanizations 3-6-5: Consideration of Local Ora 3-6-6: Penalty . SE: T'he purPose of this Chapter is to regulate and control gambling 3-6-1. P�Pfl activities and to prohibit the commercialization of these acrivities. 3-6-2: DEFINTTIDNS: The terms used herein have the me a��suan�to th Ma Statutes, sections 349.11 through 349.22, and in the n�les a opte p contained in the statutes. amblin in the City except in 3-b-3: LAWFiJL GA�IBLING: There shall be no g g rovisions of Minnesota Statutes, sections accordance with�e P��clus�e,and rules adopt d p suant thereta 349.11 through 349.2 , 3 -6-4: ADDTTIONr�L REGULATIONS: In addido les adorted pursuant thern S�tes, secuons 349.11 through 349.22, inclusrve, and ru following regulations must be complied with: 1, 1996, an or anizadon permitted to conduct lawful gambling p. Commencing on JanuarY g of its lawful purPose within the City shall expend eighry (80) percent annually ex enditures on lawful purposes conducted or located within the City's trade area, which P CL;.99 b o 3 R52:5-i 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 Ciry Clerk, on forms provided by the City, and shall provide a copy of the organizarion's annual audit, Schedule C, and such additional reports, records, and information as the Clerk shall deem necessary to demonstrate compliance with this paragraph. Such report and supplementary information shall be provided at the rime of submission of an application for city approval of the applicant's premises permit B. No establishment shall a11ow 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 inidal premises pemut or a renewal p�remises permit shall pay to the City an investigation fee of one hundred dollars ($I00 ) 3-b-5: CONSIDERATION OF LOCAL ORG��tIZATI4NS: Owners of establishmenu at which lawtui gambling is conductea shaii maincain a iue oi quaiiiied organizations which have their place of business is in the City of Rosemount and which have expressed written interest to the owner of �vailab el for�inst ection by the Ciry Cleric or the activiues on the premises. Such file shall be a P Clerk's designee during normal business hours. No lease to conduct lawful gambling on the premises shall be executed, renewed or estended by the owner without first notifying all such organizarions in writinS that the lease will expire or has espired and giving such organization an opportuniry to discuss conducting lawful gambling on the premises. No premises pernut will be approved by the Council without adequate proof of compliance with this Section. 3-6-6: PEN�LTY: Any person violating any provision of this Chapter is guilty of a misdemeanor and upon conviction the:eof shall bec ed nine� (90) days o�bothrplusain either hundred dollars ($700.00) or imprisonment not to ex �' ounds, in the case the cost of pros��ution. Prior violations of this Chapter shall also be gr discretion of the Council, for refusal to approve a premises pernut. Addidonally,violation of this Chapter shall be reported to the �Sinnesota Charitable Gambling Board and a recommendation shall be made for suspension, revocation or cancellation of an organizadon's license. This ordinance shall be effecrive the day following its adoption and publicaaon. Adopted by the city council ot the city ot xosemount the day �I__—_____� 1''�. ayor A'ITEST: iry er C:.:.89003 R52:�-+