(A) Adoption of state law by reference. The provisions of M.S. Chapter 349, as they may be amended from time to time, with reference to the definition of terms, conditions of operation, provisions relating to sales, and all other matters pertaining to lawful gambling are hereby adopted by reference and are made a part of this section as if set out in full. It is the intention of the Council that all future amendments of M.S. Chapter 349, are hereby adopted by reference or referenced as if they had been in existence at the time this section was adopted.
(B) City may be more restrictive than state law. The Council is authorized by the provisions of M.S. § 349.213, as it may be amended from time to time, to impose, and has imposed in this section, additional restrictions on gambling within its limits beyond those contained in M.S. Chapter 349, as it may be amended from time to time.
(C) Purpose. The purpose of this section is to regulate lawful gambling within the city, to prevent its commercialization, to insure the integrity of operations, and to provide for the use of net profits only for lawful purposes.
(D) Definitions. In addition to the definitions contained in M.S. § 349.12, as it may be amended from time to time, the following terms are defined for purposes of this section:
BOARD. The State of Minnesota Gambling Control Board.
CITY. The City of Aurora.
COUNCIL. The City Council of the City of Aurora.
LICENSED ORGANIZATION. An organization licensed by the Board.
(E) TRADE AREA. For the purpose of this section, the trade area shall be defined as the City of Aurora, and each township contiguous to the city.
(F) Lawful gambling permitted. Lawful gambling is permitted within the city provided it is conducted in accordance with M.S. §§ 609.75 through 609.763, inclusive, as they may be amended from time to time; M.S. §§ 349.11 through 349.23, inclusive, as they may be amended from time to time; and this section.
(G) License and permit display. All permits issued under state law or this section shall be prominently displayed during the permit year at the premises where gambling is conducted.
(H) Notification of material changes to application. An organization holding a state-issued premises permit or a local permit shall notify the city within ten days in writing whenever any material change is made in the information submitted on the application.
(I) Contribution of net profits to fund administered by the city.
(1) Each organization licensed to conduct lawful gambling within the city pursuant to M.S. § 349.16, as it may be amended from time to time, shall contribute 10% of its net profits derived from lawful gambling in the city to a fund administered and regulated by the city without cost to the fund. The city shall disburse the funds for charitable contributions as defined by M.S.§ 349.12, Subdivision 7a, as it may be amended from time to time.
(2) Payment under this section shall be made to the city on a quarterly basis.
(3) The city’s use of such funds shall be determined at the time of adoption of the city’s annual budget or when the budget is amended.
(4) No organization shall receive any reimbursement from the city for any contributions made pursuant to this section.
(5) Contributions to the city cannot be used for pension or retirement funds by M.S. § 349.12, Subdivision 7a, as it may be amended from time to time.
(6) No organization may contribute funds to the city for the purpose of the city giving the funds to a third party recipient designated by the organization. Such designations are unlawful and shall be disregarded.
(J) Records and reporting. Organizations conducting lawful gambling shall file with the City Clerk one copy of all records and reports required to be filed with the Board, pursuant to M.S. Chapter 349, as it may be amended from time to time, and rules adopted pursuant thereto, as they may be amended from time to time. The records and reports shall be filed on or before the day they are required to be filed with the Board.
(K) Hours of operation. Lawful gambling shall not be conducted between 1:00 a.m. and 8:00 a.m. on any day of the week.
(Ord. 69, passed 6-3-2014)