1981-15Bill 1981-15
AMENDMENT TO CHAPTER V
PART II, SECTION 5.19
AND APPENDIX D OF THE
ORDINANCE CODE OF THE
CITY OF RICHFIELD
CITY OF RICHFIELD DOES ORDAIN:
I. Chapter V, Part II, Section 5.19 of the Ordinance Code of
the City of Richfield relating to the regulation and licensing
of certain types of amusements and recreation is hereby
amended in the following respects:
A. Paragraph (1} of Subdivision 1 thereof is amended to
read:
"(1) The following terms shall have the meanings
given to them by Minnesota Statutes [1978] 1981,
Sections 349.12 to 349.26:
1
(a) Active member
{b) Bingo
(c) Bingo occasion
{d} Checker
(e) Lawful purpose
(f) Organization
(g) Profit
(h) Bingo manager
(i) Gambling devices
(j) Paddle wheel
(k) Tipboard
(1} Raffle
(m) Pull-tabs"
B. Paragraph (2} of Subdivision 1 is hereby amended to
read`:
"(2) As used in this section, the term 'gambling'
shall refer to and be limited to the operation of
paddle wheels, tipboards, pull-tabs and the conduct
of raffles . "
C. Paragraph (6) of Subdivision 8 is hereby amended to
read as follows:
"(6} No organization may be licensed to conduct
bingo [or gambling] on any leased premises with-
out a written lease for a term at least equal to
the term of the license sought and in no event for
a term extending less than s~_x months from the
date the license is issued. [In the case of bingo,]
D.
Lease payments shall be at a fixed monthly rate
or rate per bingo occasion, not subject to change
during the term of the lease. No such lease shall
provide that rental payments be based on a percen-
tage of receipts or profits from bingo occasions."
Subdivision 8 is hereby amended by adding the follow-
ing new paragraph (7) to read as follows:
"(7) Gambling devices may only be operated and
raffles only conducted on premises owned or
operated by the licensee, provided, that the city
may authorize raffles to be conducted by a
licensed organization or premises not owned or
leased by the organization. Absent such author-
ization, no organization may be licensed to con-
duct gambling on any leased premises without a
written lease for a term at -least equal- tb the
term of the license sought or -six months from
the date the license is issued whichever is
greater. Lease payments shall be on a faxed
monthly rate or a rate based upon the period the
premises are actually used for gambling. No
lease shall provide that rental payments be
based on a percentage of receipts or profits
from gambling."
E. Paragraph (2) of Subdivision 9 is hereby amended to read
as follows:
"(2) No compensation shall be paid to any person
in connection with bingo or gambling activities
except [that] as follows: `
(a) In the case of bingo, compensation may be
.paid to an active member of the organization
or its auxiliary, or the spouse or surviving
spouse of an active member, conducting the
bingo occasion. In the case of bingo only,
a person not an active member of the organi-
zation or its auxiliary, or the spouse or
surviving spouse of an active member may
participate in the conduct of a bingo
occasion by resolution of a majority of the
membership recorded in the approved minutes
of the organization. Non-management assis-
tants who are not active members of the
organization, or the spouse or surviving
spouse of an active member may be hired to
assist members in conducting the bingo
occasion. Beginning August 1, 1979, com-
pensation shall not exceed $20.00 per bingo
occasion.
{b) No compensation in excess of $25.00 a week
shall be paid in connection with the oper-
ation of a gambling device or the conduct
of a raffle by a licensed organization
except a licensed organization may elect to
pay a percent of raffle ticket sales to non-
profit organizations selling for the licensed
organization.- No person who is not an active
member of an organization, or its auxiliary
or the spouse or surviving spouse of an
active member may participate in the organ-
. ization's operation of a gambling device or
conduct of a raffle except the licensed
organization may utilize non-member non-profit
organizations in raffle ticket sales."
F. Paragraph 7 of Subdivision 9 is hereby amended to read
as follows
"(7) Total prizes from the operation of paddle
wheels, pull-tabs and tipboards awarded in a
single day in which Lhey are operated shall not
exceed [$500.00] $1,000.00. Total prizes
resulting from any single spin of a paddle wheel
or from a single seal of a tipboard, each -tip-
board limited to a single seal, or from a single
dull-tab shall not exceed [$100.00] $150.00. The
total prizes awarded for [both] paddle wheel
pull-tab and tipboard by any organization shall
not exceed j$15,000] $35,000 per [license]
organization."
G. Subdivision 11 .thereof is hereby amended to read as
follows:
"Subd. 11. Records. Each organization shall.
keep records of its gross receipts, quantity of
free plays, if any, expenses and profits for
each single gathering or occasion. Gross receipts
shall be compared to the checker's record for
the bingo occasion by a person who did not sell
cards for the bingo occasion. All deductions
from gross receipts shall be documented with
receipts or other records indicating the amount,
a description of the purchased item on service
or other reason for the deduction and the name
of the recipient. The distribution of profits
shall be itemized as to payee, amount and date
of payment. Gross receipts from each activity
required to be licensed under this section shall
be segregated from other revenues, including
other activities licensed hereunder, and placed
in a separate account. Each organization shall
maintain separate records of each licensed
operation. [The person who accounts for gross
receipts, expenses, and profits shall not be the
same person who accounts for other revenues of
the organization.] Records required to be kept
by this section and by Minnesota Statutes 1981,
Chapter 349 shall be preserved for at least
three years. Licensees shall make their bingo
and gambling records available to the Public
Safety Department at any reasonable time and
after proper notice."
II. Appendix D, Section 5, Paragraph 3 of the Ordinance Code of
the City of Richfield establishing fees for various licensed
activities is hereby amended in the following respects:
A. The following new subparagraph f is inserted
after the existing subparagraph e:
"f.. Pull-tabs - calendar year $200
B. The present subparagraph f is amended to
read as follows:
"[f] g. Annual Licenses. If the licensee is
granted a license for any two gambling activi-
ties other than Bingo (i.e. tipboard, paddle
wheel, pull-tab or raffle), the license fee
shall be $300; [and] if the licensee receives
an annual license for [all] three types of
gambling, the license fee shall be $400 and
if the licensee receives an annual license for
all four types of gambling, the license fee
shall be $450."
Passed by the City Council of the City of Richfield, Minnesota
this 24th day of August 1981
,,,_
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F_./=~, ~ fir _____~;... =~ z_
r~
o a'd Priebe, Mayor
ATTEST:
Sylv Bergh, Cit Cle
SUN
NEwSP~PERS
AFFIDAVIT OF PUBLICATION
RICHFIELD SUN
9615 Lyndale Avenue South
Bloomington, Minnesota
State of Minnesota
County of Hennepin
D. K. MORTENSON, being duly sworn, on oath says he is and during all times here stated has been the
vice president and general manager of the newspaper know as The Richfield Sun and has full knowledge
of the facts herein stated as follows: (1) Said newspaper is printed in the English language in newspaper
format and in column and sheet form equivalent in printed space to at least 900 square inches. (2) Said
newspaper is a weekly and is distributed at least once every week. (3) Said newspaper has 50% of its
news columns devoted to news of local interest to the community which it purports to serve and does not
wholly duplicate any other publication and is not made up entirely of patents, plate matter and
advertisement. (4) Said newspaper is circulated in and near the municipalities which it purports to
serve, has at least 500 copies regularly delivered to paying subscribers, has an average of at least 75%
of its total circulation currently paid or no more than three months in arrears and has entry as second-
class matter in its local post-office (5) Said newspaper purports to serve the City of Richfield in the
County of Hennepin, and it has its known offfice of issue in the City of Bloomington in said county,
established and open during its regular business hours for the gathering of news, sale of advertisements
and sale of subscriptions and maintained by the managing officer of said newspaper or persons in its
employ and subject to his direction and control during all such regular business hours and devoted
exclusively during such regular business hours and at which said newspaper is printed. (6) Said
newspaper files a copy of each issue immediately with the State Historical Society. (7) Said newspaper
is made available at single or subscription prices to any person, corporation, partnership or other
unincorporated association requesting the newspaper and making the applicable payment. (8) Said
newspaper has complied with all foregoing conditions for at least one year preceding the day or dates of
publication mentioned below. (9) Said newspaper has filed with the Secretary of State of Minnesota prior
to January 1, 1966 and each January 1 thereafter and affidavit in the form prescribed by the Secretary
of State and signed by the managing officer of said newspaper and sworn to before a notary public stating
that the newspaper is a legal newspaper.
He further states on oath that the printed $1 ~.1." 1 g 3 1 _ 1 J
hereto attached as a part hereof was cut from the columns of said newspaper, and was printed
and published therein in the English language, once each week, for ~nE' successive weeks;
that it was first so published on T" ~ d' the ~ day of ''' ~~ ~ " 19 ~ 1
and was thereafter printed and published on every to and including
the day of 19 and that the following is a printed copy
of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and
kind of type used in the composition and publication of said notice, to wit:
abcdefghijklmnopgrstuvwxyz
~~sstt (Official Publication)
. ~:. , 1~^t+A~: ".:. 7+,., .,~++",' Iilil 1881-15
F,NT TO G1 ~TFY:PART II, SECTION 4.19 AND APPENDIX
F THE ORDiNANCE'CbDE OF THE CITY OF RICHFIELD
.CITY O"~ RICHFIELD DOES ORDAINi -
I. Cliitpter V, Part II, Section .19 of the Ordinance Code of the City of
Richfield relating to the regulation and licensing of certain tyes of amuse-
meats and recreatio hereby~amended in the following respects:
A. Par "bdivision I thereof is amended to read:
"(1) ?terms shall have the: meanings given to them by
'Minn fatales [1978] 1881, Sections 349.12 to 349,26:
(a) Active member
(b) Bingo
(c) Bingo occasion
(d) Checker
(e) Lawful purpose
(q .Organization
OgProfit
(h) Bingo manager
(i) Gamblingg devices
(j) Paddle wheel
O Tipboard
(D Raffle
V~4 rru-was
B. Paragraph (2) of Subdtvision7 is hereby amended to read:
"(2) As used in this section. the term 'gambling' shall refer to and be
limited to the operation of paddle wheels, tipboards, pull-tabs and the conduct
of raffles."
C. Paragraph (6) of Subdivision a is hereby amended to read as follows:
"(6) Na organization may be licensed toconduct bingo [or gambling] on
any leased premises without a written lease tot a term at least equal to the
term oPthe license sough and in no event for a term extending less than six
months from the date the license is issued. [In the case of bingo.]
Lease payments shall be at a fixed monthly rate or rate per bingo occasion,
not subject to change during the term of the lease. No such lease shall provide
that rental payments be based on a percentage of receipts or profits from
bingo occasions.
D. Subdivision B is hereby amended by adding the following new paragraph
(7)toread as follows:
"(7) Gambling devices may only be operated aad raffles only conducted on
premises owned or operated by the Ileensee, provided, that the city may
authorize ral(tes Lo be conducted by a licensed organization or premises not
owned or leased by the organization. Absent such authorization, no organiza-
tion may be licensed to conduct gambtlog on any leased premises without a
wrlttes lease for a term at least equal to the term oLthe license sought or six
months from the date the license is Issued whichever is greater. Lease
payments shall be oa a fixed monthly rate or a rate based upon the period the
premyes are actually used for;ambling. No lease shall provide that rental
payments be based on a percentage of receipts or profits from gambling."
E. Paragraph (2) of Subdivisiot(9 is hereby amended to read as follows:
"(2) No compensation. shall be paid to any person in connection with. bingo
or gambling activities except [that] as follows:
(a) In the case of bingo, compensation may be paid to an active member of
the organization or its auxtlipry, or the spouse of surviving spouse of an
active member, conducting fhe bingo occasion. in the case of bingo only, a
person, not an aMive member o[ the organization or its auxiliary, or the
spouse ar surviving spouse of an active member may. participate in the
conduct of a bingo occasion by resolution of a majority of the membership
recorded. in the approved minutes of the organization. Non-management
assistants who are not active members of the organization, or the spouse or
surviving spouse of an active member may be hired to assist members in
conducting the bingo occasion. Beginning August 1, 1979, compensation shall
not exceed 520.00 per bingo occasion.
(D) No compensation la excess of 125.00 a week shall be paid In connection
with the operation of a gambling device orthe conduct of a rattle Dya licensed
organization except a Ilceased organization may elect to pay a percent of
rattle' ticket sales to non-profit organizations selling for the licensed
organization. No person who is not an active member of an organization, or
Its auxiliary or the spouse of surviving spouse of an active member may
participate in the organlzalloa's operation of a gambling device or conduct of
a rattle except the licensed Yrganlzatlon may utilize non-member non-profit
or``anizations In rattle tickek'aalea."
F. Paragraph 7 of Subdiv n 9 is hereby amended to read as follows:
"(7) Tota! prizes from ' operation of paddle wheels, pntl-tabs and
tipboards awarded in a sing. ay in which they are operated shall not exceed
[&SOO.OQj 11,000.00. Total pr , resulting from any single spin of a paddle
wheel or from a single sea# a tipboard. each tipboard liml[ed to a single
seal, or from a slugle pall-RkA shall not exceed [5100.00] 1150.00- The total
prizes awarded for [both]'~Paddle wheel pull-tab and tipboard by any
orgganization shall not exceed [115,000] 135,000 per [license] organization."
G. Subdivision 11 thereof is hereby amended to read as follows:
"Subd. 11. Records. Eac .organization shall keep records of its gross
receipts, quaagty of tree pl s, it any, expenses and profits for each single
gathering or occasion. Gr receipts shall be compared to the checker's
record for the bingo oecasi y a person who tlid not sell cards for the bingo
occasion. All deductions f ~~ gross receipts 'shall be documented with
receipts or other 'records ' dicatlng the amount, a description of the
purchased item on service orother reason for the deduction and the name of
the recipient. The distributiot-~Df profits shall be itemized as to payee, amount
and date of payment: Gross'recelpts from each. activity. required to be
licensed under this .section shalt be segregated from other revenues.
including other activities licensed hereunder, and placed in a separate
account. Each organization shall maintain separate records of each licensed
operation. [[The person who accounts for gross receipts, expenses, and profits
shall not 6e the same person who accounts for other revenues of the
organization.] Records required to be kept by this section and by Minnesota
Statutes 1901. Chapter 349 shall be preserved for at least three years.
Licensees shall make their bingo and gambling records available to the
Public Safety Department at any7easonable time and after proper notice."
II. Appendix D, Section 5. Paragraph 9 of the Ordinance Code of the City of
Richfield establishing fees for various licensed activities is hereby amended
in the.tollowing respects:
A. Tie; following-pew, subparagraph f is .inserted after the existing
subpuragraptiei
"t. Pull-taps -calendar year 1400
B. The If<resent subpataggqttph7 is amended to read as follows:.
"[fj g Anthtal Licenses. Irgthe licensee is granted a license for any two
g: ff e)~ the license fee shall~be 8900~[and] lithe acenseelreceivedpanlan uaI
Iirense for [all) three types of gambling, the license Fee shall be 5400 and If the
licen ecefves aa'anpual ticenjte for all tour types of gambling, the license
fee I(t~~150.^
P ed'by the City Council of the City of Richfield. Minnesota this 24th day
of Apguai. 1981.
DONALD PRIEBE
Mayor
ATTEST: '
SYLVIA BF.RGH
/- ~'~ City Clerk
Subscribed and sworn to before me this day of ~ !s 3. , 19 ~'"'
,~'
~` :
.__
__
;""'"~ M~RIDEL M. H~DBLOM
`,~++N,i". ~~ NOTARY PUBLIC • MINNESOT}~
~~~ HENNEPIN COUNTY
My commission expires July 2, i98b
(Sept. 2.7981)-RICH