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This chapter shall be construed to regulate all forms of lawful gambling within the city except bingo conducted within a nursing home or a senior citizen housing project or by a senior citizen organization if: the prizes for a single bingo game do not exceed $10; total prizes awarded at a single bingo occasion do not exceed $200; only members of the organization or residents and their guests of the nursing home or housing project are allowed to play in a bingo game; no compensation is paid for any persons who conduct the bingo; and a manager is appointed to supervise the bingo.
(B) Raffles, if the value of all prizes awarded by the organization in a calendar year does not exceed $1,500.
Lawful gambling is permitted within the city if the Council, by resolution adopted by a majority of its members authorizes lawful gambling to occur, provided it is conducted in accordance with M.S. §§ 609.75 to 609.763, inclusive, as they may be amended from time to time; M.S. §§ 349.11 to 349.23, inclusive, as they may be amended from time to time, and this chapter.
Lawful gambling authorized by M.S. §§ 349.11 to 349.23, inclusive, as they may be amended from time to time, shall not be conducted unless approved by the Council, subject to the provisions of this chapter and state law.
Penalty, see § 116.99
(A) Any organization seeking to obtain a premises permit or renewal of a premises permit from the Board shall file with the City Clerk an executed, complete duplicate application together with all exhibits and documents accompanying the application as filed with the Board. The application and accompanying exhibits and documents shall be filed not later than three days after they have been filed with the Board.
(B) Upon receipt of an application for issuance or renewal of a premises permit, the City Clerk shall transmit the application to the Chief of Police, or the Sheriff of the county in which this city is located, for review and recommendation.
(C) The Chief of Police or Sheriff shall investigate the matter and make a review and recommendation to the City Council as soon as possible, but in no event later than 45 days following receipt of the notification by the city.
(D) Organizations applying for a state-issued premises permit shall pay the city a $100 investigation fee. This fee shall be refunded if the application is withdrawn before the investigation is commenced. If approved by the City Council and the Board, a licensed organization will be responsible for an annual investigative fee for conducting lawful gambling within the city.
(E) The applicant shall be notified in writing of the date on which the Council will consider the recommendation.
(F) The Council shall receive the Police Chief's or Sheriff's report and consider the application within 45 days of the date the application was submitted to the City Clerk.
(G) The Council shall, by resolution, approve or disapprove the application within 60 days of receipt of the application.
(H) The Council shall deny an application for issuance or renewal of a premises permit for any of the following reasons:
(1) Violation by the gambling organization of any state statute, state rule or city ordinance relating to gambling within the last three years.
(2) Violation by the on-sale establishment or organization leasing its premises for gambling of any state statute, state rule or city ordinance relating to the operation of the establishment, including, but not limited to, laws relating to alcoholic beverages, gambling, controlled substances, suppression of vice, and protection of public safety within the last three years.
(3) Lawful gambling would be conducted at premises other than those for which an on-sale liquor license has been issued.
(4) Lawful gambling would be conducted at more than one premises within the city. The city may limit the number of premises where lawful gambling may be conducted.
(5) An organization would be permitted to conduct lawful gambling activities at more than one premises in the city.
(6) More than one licensed organization would be permitted to conduct lawful gambling activities at one premises.
(7) Failure of the applicant to pay any investigation fee provided by division (D) of this section within the prescribed time limit.
(8) Operation of gambling at the site would be detrimental to health, safety, and welfare of the community.
Otherwise the Council shall pass a resolution approving the application.
(A) No organization shall conduct lawful gambling excluded or exempted from state licensure requirements by M.S. § 349.166, as it may be amended from time to time, without a valid local permit. This section shall not apply to lawful gambling exempted from local regulation by § 116.05.
(B) Applications for issuance or renewal of a local permit shall be on a form prescribed by the city. The application shall contain the following information:
(1) Name and address of the organization requesting the permit.
(2) Name and address of the officers and person accounting for receipts, expenses, and profits for the event.
(3) Dates of gambling occasion for which permit is requested.
(4) Address of premises where event will occur.
(5) Copy of rental or leasing arrangement, if any, connected with the event, including rental to be charged to organization.
(6) Estimated value of prizes to be awarded.
(C) The fee for a local permit shall be $100. The fee shall be submitted with the application for a local permit. This fee shall be refunded if the application is withdrawn before the investigation is commenced.
(D) Upon receipt of an application for issuance or renewal of a local permit, the City Clerk shall transmit the notification to the Chief of Police or Sheriff for review and recommendation.
(E) The Chief of Police or Sheriff shall investigate the matter and make review and recommendation to the City Council as soon as possible, but in no event later than 45 days following receipt of the notification by the city.
(F) The applicant shall be notified in writing of the date on which the Council will consider the recommendation.
(G) The Council shall receive the Police Chief's or Sheriff's report and consider the application within 45 days of the date the application was submitted to the City Clerk.
(H) The Council shall deny an application for issuance or renewal of a premises permit for any of the following reasons:
(1) Violation by the gambling organization of any state statute, state rule or city ordinance relating to gambling within the last three years.
(2) Violation by the on-sale establishment or organization leasing its premises for gambling of any state statute, state rule or city ordinance relating to the operation of the establishment, including, but not limited to, laws relating to the operation of the establishment, laws relating to alcoholic beverages, gambling, controlled substances, suppression of vice, and protection of public safety within the last three years.
(3) The organization has not been in existence in the city for at least three consecutive years prior to the date of application.
(4) The organization does not have at least 15 active members at the time of its initial license application and thereafter at least 13 members eligible to vote on gambling matters.
(5) Exempted or excluded lawful gambling will not take place at a premises the organization owns or rents.
(6) Exempted or excluded lawful gambling will not be limited to a premises for which an on-sale liquor license has been issued.
(7) An organization will have a permit to conduct exempted or excluded lawful gambling activities on more than one premises in the city.
(8) More than one licensed, qualified organization will be conducting exempted or excluded lawful gambling activities at any one premises.
(9) Failure of the applicant to pay permit fee provided by division (C) of this section within the prescribed time limit.
(10) Operation of gambling at the site would be detrimental to health, safety, and welfare of the community.
Otherwise the Council shall approve the application.
(I) Local permits shall be valid for one year after the date of issuance unless suspended or revoked.
Penalty, see § 116.99
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