(A) Grounds for suspension or revocation. The City Council may, by resolution, suspend or revoke the gambling license of any organization on the following grounds:
(1) Violation of M.S. § 349.26, as it may be amended from time to time;
(2) Violation of M.S. § 349.31, as it may be amended from time to time;
(3) Violation of any other law or ordinance relating to the operation of gambling devices or establishments selling liquor;
(4) Fraudulent or dishonest gambling devices or any other deceptive or misleading practice by persons or the organization engaged in the operation of the gambling devices;
(5) Improper record keeping, failure to supply receipts;
(6) Failure to allow police officers or other government officials to examine records or business establishment; or
(7) Allowing a person who has been convicted of a violation of this chapter to participate in the operation of any gambling device or conduct of raffle within five years from the date of conviction.
(B) Procedure for suspension or revocation.
(1) Upon direction of the City Council, the City Administrator shall send to the organization named in the application or gambling manager named in the application by certified mail, return receipt requested, a notice that, at the next regular meeting of the City Council of the city, which shall be not less than ten days from the date of mailing of the notice, the Council shall consider the suspension or revocation of the gambling license.
(2) The notice shall include reasonable notice to the applicant for the grounds of suspension or revocation.
(C) Hearing. At the time of the hearing on the suspension or revocation of the gambling license, the City Attorney shall present reliable evidence which shall satisfy the City Council by preponderance of the evidence of a violation of the state law or local ordinance pertaining to gambling devices. The applicant may be represented by counsel and shall have the right of cross-examination of all witnesses called by the city to testify. Reliable evidence as used herein shall include reliable hearsay, opinion, testimony. After presentation of the evidence on behalf of the city, the applicant shall have the right to present such relevant testimony as he or she desires. Upon submission of the applicant’s testimony, the city shall have the right to present rebuttal. After conclusion of the testimony, the Council shall, by a majority vote, decide whether to suspend or revoke the gambling license. In the event of suspension, the Council may establish such reasonable conditions for reinstatement as it deems necessary. In addition, the Council may establish a period of suspension for a period of not less than 30 days.
(Ord. 79-2, passed 10-9-1979; Ord. 17-01, passed 2-13-2017)