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HomeMy WebLinkAboutOrdinance - 2-2021 - Amending City Code Section 5.40, Relating to Gambling - 02/11/2021CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 2-2021 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE CHAPTER 5, SECTION 5.40 RELATING TO GAMBLING AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 5.99 WHICH AMONG OTHER THINGS CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA ORDAINS: Section 1. City Code Chapter 5, Section 5.40, is hereby deleted in its entirety and replaced with the following: SECTION 5.40. -GAMBLING. Subd. 1. Purpose. The purpose of this section is to regulate and control the conduct of certain gambling activities pursuant to the provisions of Minnesota Statutes Chapter 349. Subd. 2. Definitions. For the purposes of this section the terms used herein shall have the meanings defined or as used in Minnesota Statutes Chapter 349. Subd. 3. Prohibition. There shall be no gambling in the City except in accordance with the provisions of this section and the provisions of Minnesota Statutes Chapter 349 and rules adopted pursuant thereto. No organization may conduct lawful gambling in the City unless such organization is in full compliance with the licensing and permitting requirements of Minnesota Statutes Chapter 349. Subd. 4. Exceptions. The provisions of this section shall not apply to the limited gambling activities described in Minnesota Statutes Section 349.166 provided there is compliance with all conditions imposed by that section and the rules and regulations of the Board relating thereto. Subd. 5. Approval by Council. All forms of lawful gambling authorized by Minnesota Statutes Chapter 349 may be approved by the Council for conduct within the City subject to the provisions of this this Section and other applicable law. Subd. 6. Application for Approval of Premises Permit. An organization seeking to obtain the City's approval of a premises permit from the Gambling Control Board ("Board") shall file with the Police Department an executed, complete duplicate application, together with all exhibits and documents accompanying the application as filed with the Board, as well as a certification of the date the application was filed with the Board. The application and accompanying exhibits and documents shall be filed in the Police Department not later than three (3) days after they have been filed with the Board. After review of the application and consideration of the conditions of Subdivision 7, the Chief of Police shall recommend approval or disapproval of the premises permit to the Council. The Council shall approve or disapprove the premises permit by resolution within ninety (90) days of the date the application was filed with the Board. Subd. 7. Conditions. A premises permit shall be disapproved if the issuing thereof would result in a violation of any of the following conditions: A. Lawful gambling shall be limited to four (4) premises within the City, plus one (1) premise for each ten thousand (10,000) persons residing therein in excess of forty thousand (40,000). B. No more than one ( 1) premises permit will be approved for the conduct of lawful gambling on any single premises. Subd. 8. Tax. A. There is hereby imposed a tax on all lawful gambling conducted in the City by licensed organizations B. An organization's receipts from lawful gambling that is exempt from licensing under Minnesota Statutes Section 349.166 are not subject to the tax imposed by this subdivision. C. The tax is one percent (1 %) of the gross receipts of a licensed organization from lawful gambling less prizes actually paid out. D. The tax imposed by this subdivision shall be paid by the organization on a monthly basis and shall be reported on a copy of the gambling tax return filed with the Board each month. The report shall be an exact duplicate of the report filed with the Board without deletions or additions and must contain the signatures of organization officials as required on the report form. E. The tax return and payment of the tax due must be postmarked or, if hand-delivered, received in the office of the City Finance Director on or before the last business day of the month following the month for which the report is made. An incomplete tax return will not be considered timely filed unless corrected and returned by the due date for filing. Delays in mailing, mail pickups, and postmarking are the responsibility of the organization. The tax return and tax payment shall be delivered to: Finance Director 8080 Mitchell Road Eden Prairie, MN 55344-2230 There shall be an interest charge of eight percent (8%) on all overdue taxes owed by an organization under this section. F. The Council shall disapprove any application for issuance or renewal of a premises permit for any organization that owes delinquent taxes to the City. Further, the Finance Director may notify the Board of any organization owing delinquent gambling taxes to the City and may request that the Board revoke or suspend the organization's license or premises permit. The Council shall not approve, issue, or renew any on-sale or off-sale alcoholic beverage license or consumption and display permit to any organization which owes delinquent gambling taxes to the City. The above remedies are not exclusive and shall be in addition to any other powers and remedies provided by law. Subd. 9. Expenditures for Lawful Purposes. A. Each licensed organization must contribute ten percent (10%) per year of its net profits derived from lawful gambling conducted at premises within the City to a fund administered and regulated by the City, without cost to the fund, for disbursement by the City for lawful purposes. B. Each licensed organization conducting lawful gambling within the City must expend at least thirty percent (30%) of its expenditures for lawful purposes on lawful purposes conducted or located within the City's trade area. The thirty percent (30%) of its expenditures shall be in addition to the ten percent (10%) of its net profits contributed to the City pursuant to Subdivision 9.A. The City's trade area is hereby defined to be the geographical limits of the City and the geographical limits of each City contiguous to the City to-wit: the cities of Bloomington, Edina, Minnetonka, Chanhassen, Shakopee, and Savage, Minnesota. Subd. 10. Records and Reports. A. Organizations licensed by the Board and conducting lawful gambling within the City shall file with the City's Finance Director one (1) copy of all records and reports required to be filed with the Board pursuant to Minnesota Statutes Chapter 349. Such records and reports shall be filed on or before the day they are required to be filed with the Board. B. Every gambling occasion in the City conducted by an organization shall be open to inspection by the City's police officers and other employees. C. The City's police officers and employees may inspect at any reasonable time without notice or search warrant all records of a licensed organization including gambling accounts and other bank records required by the Board to be maintained and preserved. Section 2. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 5.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 3. This ordinance shall become effective from and after the date of its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 19th day of January, 2021, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 2nd day of February, 2021. -/ rf ~ 7 ~ . Ronald A. Case, Mayor Published in the Eden Prairie Sun Sailor on the 11 1h day of February, 2021. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. 2-2021 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE CHAPTER 5, SECTION 5.40 RELATING TO GAMBLING AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 5.99 WHICH AMONG OTHER THINGS CONTAIN PENAL TY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Summary: This ordinance amends City Code Section 5.40 relating to gambling to remove the restriction that a licensed organization that wishes to conduct lawful gambling in the City must own the premises on which the gambling will be conducted. The ordinance also makes other non-substantive changes to reflect amendments in state law related to lawful gambling. Effective Date: This Ordinance shall take effect upon publication. ATTEST: Ronald A. Case, Mayor PUBLISHED in the Eden Prairie Sun Sailor on February 11, 2021. (A full copy of the text of this Ordinance is available from City Clerk.) AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ) COUNTY OF HENNEPIN ss Diane Erickson being duly sworn on an oath, states or affirms that he/she is the Publisher's Designated Agent of the newspaper(s) known as: SS Mtka_Excelsior_Eden Prairie with the known office of issue being located in the county of: HENNEPIN with additional circulation in the counties of: HENNEPIN and has full knowledge of the facts stated below: (A) The newspaper has complied with all of the requirements constituting qualifica- tion as a qualified newspaper as provided by Minn. Stat. §331A.02. (B) This Public Notice was printed and pub- lished in said newspaper(s) once each week, for 1 successive week(s); the first insertion being on 02/11/2021 and the last insertion being on 02/11/2021. MORTGAGE FORECLOSURE NOTICES Pursuant to Minnesota Stat. §580.033 relating to the publication of mortgage foreclosure notices: The newspaper complies with the conditions described in §580.033, subd. 1, clause (1) or (2). If the newspaper's known office of issue is located in a county adjoining the county where the mortgaged premises or some part of the mortgaged premises described in the notice are located, a substantial portion of the newspaper's circulation is in the latter county. Br.~~ Designated Agent Subscribed and sworn to or affirmed before me on 02/11/2021 by Diane Erickson. C./)ljlJr&dw ;-flk~ Notary Public ------ ---- ---------- MARLENE M MITCHELL Notary Public Minnesota My Commission Expires Jan 31, 2025 --- Rate Information: t I • I (1) Lowest classified rate paid by commercial users for comparable space: $68.50 per column inch Ad ID 1113588 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. 2-2021 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE CHAPTER 5, SECTION 5.40 RELATING TO GAMBLING AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 5.99 WHICH AMONG OTHER THINGS CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNE- SOTA, ORDAINS: Summary· This ordinance amends City Code Section 5.40 relating to gambling to remove the restriction that a licensed organiza- tion that wishes to conduct lawful gambling in the City must own the premises on which the gambling will be conducted. The ordinance also makes other non-substantive changes to reflect amendments in state law related to lawful gam- bling. Effective Date· This Ordinance shall take effect upon publication. Ronald A. Case, Mayor ATIEST: Kathleen Porta, City Clerk Published in the Sun Sailor February 11 , 2021 1113588