605.020. Definitions.

In addition to the definitions contained in Minn. Stat. § 349.12, as it may be amended from time to time, the following terms are defined for purposes of this section 605:

“Board” means the State of Minnesota Gambling Control Board.

“Licensed organization” means an organization licensed by the board.

“Trade area” means a geographic area comprised of the city of Minnetonka, any city that abuts Minnetonka, or any school districts that have a presence in Minnetonka.

605.025. Lawful Gambling Permitted.

Subd. 1. Lawful gambling is permitted within the city provided it is conducted in accordance with Minn. Stat. §§ 609.75-.763, inclusive, as they may be amended from time to time; Minn. Stat. §§ 349.11-.23, inclusive and any rules promulgated thereunder, as they may be amended from time to time; and this section 605.

Subd. 2. No city permit is required for the conduct of gambling that is exempt from licensing under Minn. Stat. § 349.166, but the provisions of sections 605.030, 605.035, 605.045, 605.050 and 605.065 apply to both licensed gambling activities and gambling activities exempt from licensing.

Subd. 3. Every gambling event in the city conducted by an organization under state license or permit must be open to inspection by the city.

605.030. Authorized Organizations.

Only nonprofit organizations which have been licensed or permitted by the State Gambling Control Board and which meet the following requirements may conduct lawful gambling in the city:

   1.   The organization must demonstrate that it holds regularly scheduled meetings, and the meeting location must be within the trade area as defined in section 605.020.

   2.   At least one third of the organization’s members must reside within the trade area as defined in section 605.020.

605.035. Filing of records.

Organizations that make application to the board to conduct lawful gambling in the city, by license or permit must submit copies of all state gambling application forms to the community development director.

605.040. Approval of Premises Permits.

Subd. 1. Application. The board will notify the city when an organization applies for a premises permit under Minn. Stat. ch. 349. The organization seeking to obtain a premises permit under Minn. Stat. ch. 349 must file with the community development director a duplicate of its licensing application and premises permit application as filed with the state, including all exhibits and documents accompanying the applications.

Subd. 2. Investigation. The organization seeking a premises permit must complete the city’s investigation form and a $250 investigation fee. The fee shall be refunded if the application is withdrawn before the investigation is commenced. The chief of police will investigate the matter and make a recommendation to the city council within 45 days following the city’s receipt of the application materials and investigation fee.

Subd. 3. The city council must approve or disapprove the application within 60 days of receipt of the application materials and investigation fee.

Subd. 4. The council shall deny an application for issuance of a premises permit, or for reissuance of a premise permit after suspension, revocation or other termination, for any of the following reasons:

   (a)    The organization does not meet the requirements of this section.

   (b)    The organization has violated any state statute, state rule or city ordinance relating to gambling within the last three years;

   (c)   The entity leasing its premises to the applicant organization has repeatedly violated 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, or protection of public safety within the last three (3) years.

605.045. License and Permit Display.

All licenses and permits issued under state law shall be prominently displayed during the license or permit year at the premises where gambling is conducted.

605.050. Notification of Material Changes to Application.

A licensed organization holding a state-issued premises permit shall notify the city within ten (10) days in writing whenever any material change is made in the information submitted on the application.