Loading...
HomeMy WebLinkAbout6.a. Gambling Premises Permit Renewal for Celebrity Bowl Charities . � CITY OF ROSEMOUNT EXECIITIVE SIIMMARY FOR ACTION CITY COUNCIL MEETING DATE: DECEMBER 21, 1993 AGENDA ITEM: GAMBLING PREMISES PERMIT AGENDA SECTION: RENEWAL - CELEBRITY BOWL CHARITY OLD BUSINESS pREpARED BY� ADM NISTRATIVE ASSISTANT AGENDA��t�+� � � � IC ATTACHMENTS: MEMO FROM CITY ATTORNEY MILES AP OVE : RESOLUTION City Attorney Mike Miles has checked with the Attorney General's Office in determining the city's authority in relationship to statutory authority in approving gambling premises permit approvals. Attached is his memorandum outlining his comments on this issue. In summary, it appears that without adopting a city ordinance, the city has very little authority in license renewals. I checked with a compliance officer of the State Gambling Control Board to find out the status of Celebrity Bowl Charities, Inc. 's gambling license. I was informed that "currently there are no disciplinary actions scheduled for this organization. " That's about all I could learn from the Gambling Control Board because of data practice laws or until a final disposition �s made on pending allegations of noncompliance. Joe Doyle of City Limits and John Lever of Celebrity Bowl Charities, Inc. will be at the Council meeting. RECOMMENDED ACTION: MOTION TO ADOPT A RESOLUTION APPROVING A MINNESOTA LAWFUL GAMBLING PREMISES PERMIT APPLICATION COUNCIL ACTION: CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION 1993 - A RESOLUTION APPROVING A MINNESOTA LAWFUL GAMBLING PREMISES PERMIT APPLICATION WHEREAS, the City Council of the City of Rosemount received a Premises Permit Renewal Application from Celebrity Bowl Charities, Inc. to conduct lawful gambling within the City of Rosemount, at City Limits Lanes and Lounge, 15400 South Robert Trail; and WHEREAS, the City Council has reviewed the Premises permit Application and has received a recommendation from the Chief of Police to approve said permit application. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Rosemount approves the Premises Permit Application submitted by Celebrity Bowl Charities, Inc. for the conduct of lawful gambling at City Limits Lanes and Lounge during the period of April 1, 1994 through March 31, 1996. ADOPTED this 21st day of December, 1993 . E. B. McMenomy, Mayor ATTEST: Susan M. Walsh, City Clerk Motion by: Seconded by: Voted in favor: Voted against• ' FL�EGEL MOYNIHAN TEL �0 . 16124389777 Dec 17 .03 15 :54 No .004 P .01 k� E k� O �t A N D U M �1��: Mayor Edward B. McMenomy and Members of the Rosemoun�C Cit�y Council FROM: Mike Miles DATE: llecembex 17 , ].993 RE: Rosemount' s Powers for Local L�.Gens�ng of Charitable Gambling Enti�ies At the Rosemount Ci.ty Cauncil mec��ing of December 7 , 1993, Ci�y Clerk Sue Walsh ancl z were instxucted tc� r�s�edx-c;}� whaL pawers and discreti.on, if any, the C_ity Caunc�J has with respect �o renewing th� local licenses of organizatians conducting legal�zed gambling within the City. After reviewS.ng the relevant statuLes (Minn. Stat. §349 . 213 ) , stUdyinq the caselaw and consultxng w�.th an att-orn�y t�om the charitable gambling sect�.an a� th� Minn�soL� Attorney G�neral ' � O��ice, I wauld offer you �he �o�.lowing conclu�ibns; 1 . Although Minn. Stat. §349 . 213 clearly affoxds ].oca�. units of government such as the CiLy the appoxtuni.ty to review premises gambling permits, the basic way thati tihe Ci�y's power may be exercised in a discre�ianary tasha.on is by the passage and applicatiion of a gamb].3.ng oxd�nance. Ta this date, the City of Rosemaunt has not enacted such an ordinance. Since existing M�.nnesata caselaw (particularly Greater lluluth Goact v. CitY of Duluth, D.Minn. 1988, 7Q1 F .S�xpp. 1452) suggests that the holder of a local license may have some pxope�c�y x�.ghts �.n that license, it wou].d be extreme�y difficu2t for Rosemount �o attempti to im�ose standards without, firs� gaing through the appropriate legxs].at�ve (ordinance enacting) proc�ss . 2 . This view was confiz�med by John Garry, special Assistant Attorney General, assigned to charitabl� gambling matters . He advised m� that a number of Minnesota municipalities (�. ,e. , Minneapo].is, St. 7Pau7., etc. } had adapted very detailed ordinances tio afford themselves the opportuni.ty to regulate charitable gambling. These ordinances give cities considerable 7,oca� powPx', including �egulating the u�e oi certain proceeds , the density or number of licensed legalized gambling enti.ties and the prace�s through which these entities must seek local licenses . However, absent� the due advgtion af such standards under the ordinance authority set forth in M�nn. Stat. �349 . 223, Mr. Garry believes that the City' s powers are perfunctory, at bes�. Pust-It"'brand fax transmittal mema 7671 �ot Peeeb ► � � U 'e �.t���5 �rorn 4� p. CO� �ept. Phone N Fex N �y� � U Fex#' _j . F�l1EGEL MOYNIHRN TEL No . 16124389777 Dec 17 , 03 15 �56 �0 .005 P .04 Mayor Edward B. McMenomy and Members af the Rosemount Cit� Cauncil December 17, 1993 Page 2 3 , In a co].J�ateral v�in, it daes not even appenr that absent regulatory ordinances, the Gity is the appropriate gavernmental entity to mbnitOZ a lic�ns�e' s compl�.ance with state law. Mr. Garry zndicat�d that this function ,a.s gen�rally performed by the �oard af Gambli.ng and �:}�aL any alleged violai.�.ans �f state law shau�d be repoxted ta that Board fvr di.sposition . This tact perhaps explains why the City zs being asked to act approximately 60 days priox to action by the Sta�e IIoaxd, thu� giving involved state officials the opportunzty, through their compliance otfiCezs, to conclude wh�tihex' an ap��.�cant is �n c;c�nfc,rmance witih state law. In conclusion, I must advise you that the Ci.�y Of RU��1T1Ut1Ill: is not in a position �.o "regulate" or, without ord�.nance, establish cxiteria for J.egalized gambl.ing entities . Should you wish the adoption of a regulatoxy oxd.inance to be explored, z would be g].ad to obtain examples from other cornmunitieg aria �'eport ba�k to you on this issue. Pleas� contact me if you have any qu�stions . �7I�.f2:Cjltta