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�.
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. 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 .
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