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HomeMy WebLinkAboutOrdinance - 44-89 - Lawful Gambling Regulations - 11/21/1989 Revised for Second Reading ORDINANCE NO. 44-89 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, NMR&SOTA, AMENDING CITY CODE CHAPTER 5 BY ADDING THERFM SECTION 5.40 RELATING TO THE REGULATION OF GAMBLING AMID ADOPTING BY REFERENCE CITY CODE C H21PTER 1 AND SECTION 5.99 MICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF EDEN PRAIRIE, bMU\WOTA, ORDAINS: Section 1. City Code Chapter 5 shall be and is amended by adding thereto Section 5.40 which reads as follows: SEC. 5.40. GAMBLING. Sued. 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, §§349.11 - .22 inclusive. Subd. 2. Definitions. For the purposes of this section the terms used herein shall have the meanings defined or as used in Minnesota Statutes §§349.11 - .22 inclusive. • 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 §§349.11 - .22, . inclusive, and rules adopted pursuant thereto. Subd. 4. Exceptions. The provisions of this section shall not apply to the limited gambling activities described in Minnesota Statutes §349.214 pro- vided 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 §§349.11 - .22 may be approved by the Council, subject to the provisions of this section of the Code and law. Subd. 6. Application. An Organization seeking to obtain a gambling license from the Board shall file in the Office of the City Clerk an executed, complete duplicate application, together with all exhibits and documents accom- panying the application as filed with the Board. The application and accom- panying exhibits and documents shall be filed in the Office of the City Clerk not later than three (3) days after they have been filed with the Board. Upon filing the application with the City, applicant shall pay to the City an amount determined by resolution of the Council as and for an investigation fee. Subd. 7. Conditions. Lawful gambling licenses shall be disapproved if the issuing thereof would result in a violation of any of the following con- ditions: 1 (a) Lawful gambling shall be limited to four (4) premises within the City, plus one (1) premises for each 10,000 persons residing therein in excess of 40,000. Each premises must be owned by an organization. (b) No more than one Organization may lease or awn a premises for the purpose of conducting lawful gambling thereon, except those prem- ises at which lawful gambling could occur pursuant to a license issued by the Board prior to November 1, 1989. (c) Notwithstanding the conditions of this subdivision a licensed Organization may conduct lawful gambling in accordance with the exceptions described in Minnesota Statutes §349.18, Subd. 2. Subd. 8. Tax. (a) There is hereby imposed a tax on all lawful gambling conducted in the City by Organizations licensed by the Board at the rate specified in this subdivision- (b) An Organization's receipts from lawful gambling that is exempt from licensing under Minnesota Statutes §349.214 are not subject to the tax imposed by this section. (c) The tax is one ( 1 ) percent 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 Director of Finance of the City, 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: Director of Finance 7600 Executive Drive Eden Prairie, MN 55344 2 There shall be an interest charge of eight (8) percent on all overdue taxes owed by an Organization under this section. (f) The Council shall disapprove any pending application for renewal or original issue of a lawful gambling license for any Organization which awes delinquent taxes to the City. Further, the Director of Finance 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 during the license year. The Council shall not issue or renew any on-sale or off-sale alcoholic beverage license, bottle club permit, or food license 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 Organization licensed to conduct lawful gambling within the City, pursuant to Minnesota Statutes 9349.16, must contribute 10% of its net profits derived from lawful gambling in the City to a fund administered and regulated by the City, without cost to the fund, for disbursement by the City of such receipts for lawful purposes. . (b) Each Organization licensed to conduct lawful gambling within the City, pursuant to Minnesota Statutes §349.16, mast expend 30% of its expenditures for lawful purposes on lawful purposes conducted or located within the City's trade area. The 30% of its expen- ditures shall be in addition to the 10% of its net profits contri- buted to the City pursuant to Subd. 9. (a) hereof. The City's trade area is hereby defined to be the geographical limits of the City. Subd. 10. Records and Reports. (a) Organizations licensed by the Board shall file with the City's Director of Finance one (1) -copy of all records and reports required to be filed with the Board, pursuant to Minnesota Statutes §§349.11 - .22 and rules and regulations adopted pur- suant thereto. 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" 3 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 its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 21st day of November 1989, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 5th day of December 1989. ATTEST: � f City Mayor PUBLISHED in the Eden Prairie News on the 20th day of December , 1989. i • 4 ORDINANCE NO.44-89 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ING CITY CODE CHAPTER 3 BY ADDING THERETO SECTION SAO RELATING TO THE RBOULATION OF GAMBLING AND ADOPIM CM Affidavit of Publication CWE Clfllr!'M 1t AM SECTION SM MEM AMOM OTIM ifhwtmct Qv thm irh!*n Pz 1bllshing THINGS,CONTAIN PENALTY Board at the rate specified in this subdi- shall be in addition to the 1096 of its net PROVISIONS. vision. profits contributed to the City pursuant THE CITY COUNCIL OF EDEN (b)An Organization's receipts from to Subd.9.(a)hereof.The City's trade PRAIRIE, MINNESOTA, ORDAINS: lawful gambling that is exempt from area is hereby defined to be the geo- Section 1.City Code Chapter 5 shall licensing under Minnesota Statutes graphical limits of the City. be and is amended by adding thereto §349.214 are not subject to the tax im- Subd. 10.Records and Reports. Section 5.40 which reads as follows: posed by this section. (a) Organizations licensed by the SEC. 5.40. GAMBLING. (c)The tax is one(1)percent of the Board shall file with the City's Director Subd.1.Purpose.The purpose of this gross receipts of a licensed Organization of Finance one(1)copy of all records and section is to regulate and control the from lawful gambling less prizes actu- reports required to be filed with the Board, publisherof the newspaper known conduct of certain gambling activities ally paid out. pursuant to Minnesota Statutes%349.11�11ows• pursuant to the provisions of Minnesota (d)The tax imposed by this subdivi- -.22 and rules and regulations adopted ,as a legal newspaper,as provided Statutes,_§§349.11 - .22 inclusive. sion shall be paid by the Organization on pursuant thereto. Such records and re- Subd. 2. Definitions. For the pur- a monthly basis and shalt be reported on ports shall be filed on or before the day poses of this section the term used herein a copy of the gambling tax return filed they are required to be filed with the ,was published on shall have the meanings defined or as with the Board each month.The report Board. ,lice is hereby incorporated as part used in Minnesota Statutes §§349.11 - shall be an exact duplicate of the report (b)Every gambling occasion in the ed. Printed below is a copy of the .22 inclusive. filed with the Board,without deletions or City conducted by an Organi?ation shalt,ei ekindandsizeoftypeused Adgubd. 3. Prohibition.There shall be additions, and must contain the signa- be open to inspection by the City's Police blrng.in the City,except in actor- tures of Organization officials as re- Officers and other employees. with the provisions of this section quired on the report form. (c) The City's Police Officers and and the provisions of Minnesota Statutes (e)The tax return and payment of the employees may inspect,at any reason- 1§349.11-.22,inclusive,and rules adopted tax due must be postmarked,or,if hand- able time without notice or search war- pursuant,thereto. delivered, received in the office of the rant,all records of a licensed Organize- Subd.4.Exceptions.The provisions Director of Finance of the City, on or tioi, including gambling acaoumts and of this section shall not apply to the before the last business day of the month other bank records,requifed by the Board n Rolfsru Gene Manager limited gambling activities described in following the month for which the report to be maintained and preserved. Minnesota Statutes §349.214 provided is made. I Section 2.City Code Chapter 1 co- there is compliance with all conditions An incomplete tax return will not be titled "General Provisions and DefiW- imposed by that section and the rules and considered timely filed unless corrected tions Applicable to the Entire City Code regulations of the Board relating thereto. and returned by the due date for filing. Including Penalty for Violation"section Subd. 5. Approval by Council. All Delays in mailing, mail pickups, and 5.99 entitled"Violation a Misdemeanor" forms of lawful gambling authorized by postmarking are the responsibility of the are hereby adopted in their entirety,by A,,,A.,I S,%`%,�r�,pTA Minnesota Statutes§§349.11 - .22 may Organization. reference, as though repeated verbatim 3COTT 0611TY be approved by the Council, subject to The tax return and tax payment shall herein. MM SS:0%_kMES6t2.93 the provisions of this section of the Code be delivered to: Section 3. This ordinance shall be- and law. Director of Finance come effective from and after its possage Subd.6. Application. An Organiza- 7600 Executive Drive and publication. tion seeking to obtain a gambling license Eden Prairie,MN 55344 FIRST READ at a regular meeting of from the Board shall file in the Office of There shall be an interest charge of the City Council of the City of Eden the City Clerk an executed, complete eight (8) percent on all overdue taxes Prairie on the day of 1989, and .,n ,,.re i 1. _ n.,,,. , f:,..,,...,e tu:_.._ finally read and adopted and ordered • _ ONLLNIVd H31HL31CI L6Ze-96b:eil!W -fib published at a regular meeting of the City ............. $11.25 per column inch 'H o!snyy 4}red L Council of said City on the day of ............. $11.25 per column inch rub lLf+-S't•b a0 s,pg-pg,anIsuepC3 1989. rid salatugse GW=l/pwnsul SU3)IV3NS NO Sd3HV3dS ................ATTEST: $5•30 per column inch R *NS 31 Jouelu! John D.Franc yooa-vt! _E)NI.LNIVd 1SHOHMM113 su909 p uy I�l�l!' City Clerk SI` Gary Peterson ht�IIW Sd jo a!stn led/�u 'r*a 113NN a Ou a Maya *WJ'Pe" A _ (Published in the Eden Prairie News on painsul We Jualuull3pa;U21 -tea Wednesday, December 20, 19M No. # UOL 411MB W611 go 5711) I InnFl aim p%Joparaa0nr3-!u!yy i O N' iUU001 OWPLEI�o{s4 BuIt l r)tuolsrb'suglppV - �?NI,l.�tAtt�lOX3 !e!ateWui00 V!agueplseL! 3.?t�t1� Oil:tl0373 N031 NAqn $ os *30fAMMT�,nrc►sr�s9100RU111=1 8QL4 ,�'�"