(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 § 115.05.
(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 organizations requesting the permit;
(2) Name and address of the officers and person accounting for receipts, expenses, and profits for the event;
(3) Dates and 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; and
(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 This fee shall be refunded if the application is withdrawn before the investigation is commenced.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/Treasurer shall transmit the notification to the County Sheriff for review and recommendation.
(E) The County 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 County Sheriff’s report and consider the application within 45 days of the date the application was submitted to the City Clerk/Treasurer.
(H) The Council shall disapprove an application for issuance or renewal of a premises permit for any of the following reasons; otherwise the council shall approve the application:
(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 the application;
(4) The organization does not have at least 30 active members;
(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) More than one licensed, qualified organization will be conducting exempted or excluded lawful gambling activities at any one premises;
(8) Failure of the applicant to pay the permit fee provided by division (C) above within the prescribed time limit; or
(9) Operation of gambling at the site would be detrimental to health, safety, and welfare of the community.
(I) Local permits shall be valid for one year after the date of issuance unless suspended or revoked.
(Ord. 03-04, passed 9-9-03)