§ 131.03 PURPOSE.

   The purpose of this subchapter is to regulate lawful gambling within the city, to prevent its commercialization, to ensure the integrity of operations, and to provide for the use of net profits only for lawful purposes.

(Prior Code, § 3-12-3)

§ 131.04 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 subchapter.

   BOARD. The State of Minnesota Gambling Control Board.

   CITY. The City of Monticello.

   COUNCIL. The City Council of the City of Monticello.

   LICENSED ORGANIZATION. An organization licensed by the Board.

   LOCAL PERMIT. A permit issued by the city.

   TRADE AREA. The corporate limits of the city and the boundaries of all townships contiguous to the city.

(Prior Code, § 3-12-4)

§ 131.05 APPLICABILITY.

   This subchapter shall be construed to regulate all forms of lawful gambling within the city except:

   (A)   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, no more than two bingo occasions are held by the organization or at the facility each week, only members of the organization or residents 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; and

   (B)   Excluded and exempt gambling permits issued on a temporary basis to qualified non-profit organizations and in accordance with state laws and rules. Temporary permit applications requiring city signature shall be presented to City Council for approval within 30 days of receipt of application and prior to returning a signed permit application to the requesting organization.

(Prior Code, § 3-12-5)

§ 131.06 GAMBLING PROHIBITED.

   No person or organization shall conduct gambling within the city unless licensed by the state or city or specifically exempted by state law or this subchapter from the license requirement.

(Prior Code, § 3-12-6) Penalty, see § 131.99

§ 131.07 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 subchapter.

(Prior Code, § 3-12-7)

§ 131.08 COUNCIL APPROVAL.

   Lawful gambling authorized by M.S. §§ 349.11 through 349.23, inclusive, as they may be amended from time to time, shall not be conducted unless approved by the City Council, subject to the provisions of this subchapter and state law.

(Prior Code, § 3-12-8)

§ 131.09 APPLICATION AND LOCAL APPROVAL OF PREMISES PERMITS.

   (A)   Any organization seeking to obtain 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 will be filed with the Board.

   (B)   Upon receipt of an application for issuance of a premises permit, the City Clerk shall have the Gambling Manager complete a background check form and submit to the city’s designated person for processing.

   (C)   The designated person shall perform the background check and submit response to the City Clerk as soon as possible following receipt of the notification to 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.

   (E)   The applicant shall be notified of the date on which the City Council will consider the recommendation.

   (F)   The City Council shall, by resolution, approve or disapprove the application within 60 days of receipt of the application.

   (G)   The City Council may deny an application for issuance 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; or

      (4)   Operation of gambling at the site would be detrimental to health, safety, and welfare of the community.

(Prior Code, § 3-12-9)