1986-17Bill No. 1986-17
AMENDMENT TO CHAPTER V,
PART II OF THE ORDINANCE CODE
OF THE CITY OF RICHFIELD
CITY OF RICHFIELD DOES ORDAIN:
Chapter V, Part II of the Ordinance Code of the City of Rich-
field, entitled "Amusement and Recreation", is hereby amended in
the following respects:
I. Section 5.19 thereof entitled "Bingo, Gambling Devices and
Raffles" is repealed.
II. The following new Section 5.19A is added in place of said
Sectior. 5.I9:
5.19A Lawful Gambling
Subdivision 1. Definitions, The definitions
contained in Minnesota Statutes, Section 349.12,
subdivision 1 are adopted and incorporated by
reference and shall constitute the definitions of
those terms as used in this section.
Subd. 2. License or Permit Required. Lawful
types of gambling shall be permitted but only by
organizations which have been issued either a
currently valid gambling license issued by the
state charitable gambling board, or a permit
issued by the city to conduct gambling exempt from
licensing under Minnesota Statutes, Section
349.214.
Subd. 3. Investigation - State License. Upon
receipt of notification from the charitable
gambling board of the pendency of an application
for issuance or renewal of an organization gam-
bling license, the city manager shall transmit the
notification to the public safety department for
its review and recommendation. The public safety
department shall investigate the matter and make
its review and recommendation to the city council
as soon as possible, but in no event Later than 25
days following receipt of the notification by the
city. The applicant shall be notified in writing
of the date on which the recommendation will be
considered by the city council.
Subd. 4. Investigation Fee. The applicant for an
organization gambling license shall pay to the
city an investigation fee as provided in Appen-
dix D of this code. The public safety, department
-z-
shall notify the applicant in writing when the fee
is due in full, which due date shall be at least
five days before the date that the report is to be
presented to the city council.
Subd. 5. Council Action. The city council shall
consider the application not later than 25 days
after written notification of the application has
been received by the city. The council shall
consider the report of the department of public
safety, statements from the applicant, and any
other information which the council believes to be
relevant to the application. Thereafter the
council shall, by resolution, approve or disap-
prove of the license. If the investigation fee
provided in subdivision 4 of this section has not
been paid within the time limit provided in such
subdivision 4, the council may disapprove the
license on that basis.
Subd. 6. Off Premise Gamblincr. The city will
disapprove of any application wherein the appli-
cant seeks to be permitted to conduct gambling on
premises which are not:
i) owned or leased by the applicant, and
ii} located within the property which constitutes
the principal place of business of the
applicant.
Upon the receipt of notification of the pendency
on any license application before the charitable
gambling board requesting such off-premise gam-
bling the clerk shall, in lieu of the provisions
contained in subdivisions 3, 4, 5 and 8 of this
section, transmit a certified copy of subdivision
6 to the charitable gambling board together with a
statement from the city clerk that subdivision 6
is in full force and effect and that the applica-
tion is disapproved pursuant to that subdivision.
Such action by the city clerk shall constitute the
official action of the city.
The provisions of this subdivision shall not apply
to the sale of raffle tickets.
Subd. 7. Reports. As a condition to approval of
the license, the council may require that the
applicant agree to promptly furnish the city with
copies of all records, reports, accounts and other
data which applicant ~•~ill be required to submit to
the charitable gambling board during the term of
the license. Failure of the applicant to fulfill
-3-
such requirement may constitute grounds for
disapproval of licenses in subsequent years.
Subd, 8. Notification to Charitable Gambling
Board. The city manager shall transmit a certi-
fied copy of the council resolution to the chari-
table gambling board. If the council has disap-
proved the license, the city manager shall take
such actions as are reasonably necessary to
deliver a copy of such resolution to the board
within. 30 days from the date that the city re-
ceived notice of the license application. A copy
of the resolution shall also be provided to the
applicant upon request.
Subd. 9, Permit.
(1) Organizations desiring to conduct lawful
gambling which is exempt from state licensure
under Minnesota Statutes X349.12 shall make
application to the city for a permit to
conduct such lawful gambling.
(2} The application shall be on forms prepared by
the city manager for that purpose and shall
be accompanied by the permit fee hereinafter
required.
(3) The permit fee shall be as provided in
Appendix D of this code,
(4) The city manager shall issue the permit if
the following conditions have been met:
i. Neither the designated gambling manager
nor any of the organization's officers
have been convicted of any offense which
would indicate lack of suitability of
the designated manager or the organiza-
tion to engage in the type of gambling
activity for which the permit is sought.
ii. The organization has existed in the city
for at least three years prior to the
date of application.
iii. On the date of application, the organ-
ization has at least 30 active members.
iv. The organization will either own or
lease the premises where the gambling
activity would be conducted.
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v. If the gambling activity is to occur on
leased premises, the lease will be for a
term at least equal in length to the
term of the permit being sought.
(5) Before the issuance of the permit, the
designated gambling manager shall file with
the city manager a fidelity bond in the
amount of $10,000. Such bond shall run in
favor of the organization. conducting the
gambling activity and be conditioned upon the
ga~-nbling manager fully and faithfully per-
forming his duties. The city council may,
upon unanimous vote, waive the bonding
requirement.
(6) The permit fee may be waived in whole or in
part by the city manager. The portion of the
fee waived shall be returned to the permitee
upon. issuance of the permit. If the permit
is denied, the city manager shall retain $50
of the fee to reimburse the city for its
administrative and investigative expenses in
connection with consideration of the permit
application.
Passed by the city council of the City of Richfield, Minnesota
this 22nd day of September , 1986.
ATTEST:
i
Thomas Ferber, City Clerk
0055AM02.E14
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Minnesota Suburban Newspapers, Inc.
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OUNTY OF HENNEPiN)
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(B) The printed Bill No. 7 986-~ 7
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TITLE: Ope.x~t~;ons 1~a,na,gex
Subscribed and sworn to before me on this
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(Official Publication)
BILL NO. 1986-17
AMENDMENT TO CHAPTER V, PART H OF THE ORDINANCE CODE OF
THE CITY OF RICHFIELD
CITY OF RICHFIELD DOES ORDAIN:
Chapter V, Part II of the Ordinance Code of the City of Richfield; entitled
"Amusement and Recreation", is hereby amended in the following res ts:
I. Section .5.19 thereof entitled "Bingo, Gambling Devices and Raf es" is
reppeealed.
II. The fo1lo~Ving new Section 5.19A is added in place of said Section 5.19:
5.19A Lawful Gambling
Subdivislonl. Definitions. The definitions contained in Minnesota Statutes, Sec-
tion 349.12, subdivision l are adopted and incorporated by reference and shall
constitute the definitions of those terms as used in this section.
Subd. 2. License or Permit Requu•ed. Lawful types of gambling shall be per-
mitted but only_,by organizations which have been issued either a currently valid
ggambling license issued by the state charitable gambling board, or a permit issued
by the city to'conduct gambling exempt from licensing under Minnesota Statutes,
Section 349.214.
Subd. 3.Investigation -State License. Upon receipt of notification from the
charitable gambling board of the pendency of an application for issuance or
renewal of an orgamzation gambling license, the city manager shall transmit the
notification to the public safety department for its review and recommendation.
The public-(s¢ftty department shall investigate the matter and make its review
and recoa~}tenflation to the city council as soon as possible, but in no event later
than 25 da'' ; ollowing receipt of the notification by the city. The appplicant shall
be notified ~driting of the date on which the recommendation will be considered
by the tit until.
Subd. 4 [i}vesiigation Fee. The applicant for an organization gamblin license
shall pay tfl;,the cify an investigation fee as provided in Appendix D of this code.
The public safety department shall notify the applicant in writing when the fee
is due in full, which due date shall be at least five days before the date that
the report is to be presented to the- city council.
Subd. 5. Council Action. The city council shall consider the application not later
than 25 days after written notification of the application has been received by
the city. The,cqun~ll shall consider the report of the department of public safety,
statements from. the applicant, and any other information which the council
believes to tk relevant to the appplication. Thereafter the council shall, by resolu-
tion, approve or disapprove ofthe license. If the investigation fee provided in sub-
division 4 oPthis sdction has not been paid within the time limit provided in such
subdivision a council may disapprove the license on that basis.
Subd. 6. t~f-Premise Gambling. The city will disapprove of any application
wherein the applicant seeks to be permitted to conduct gambling on premises
which are not:
i) owned or leased by the applicant, and
ii) located withiM a prceprty which constitutes the principal place of business
of the applican~_
Upon the recetpi of ilgtification of the pendency on any license application before
the charitable gambling board requesting such off-premise gambling the clerk
shall, in lieu of the provisions contained in subdivisions 3, 4, 5 and 8 of this section,
transmit a certified copy of subdivision 6 to the charitable gambling board
together with a statement from the tity clerk that subdivision 6 is in full force
and effect and that the application is disapproved pursuant to that subdivision.
Such action by the.city clerk shall constitute the official action of the city.
The provisions of.this subdivision shall not apply to the sale of raffle tickets.
Subd. 7. Reppo~_. As.a condition to approval of the license, the council may
require that the` ' ' ' ant agree to promptly furnish the city with copies of all
records, reporLs~lits and other data which applicant will be required to sub-
mit to the charitablegfimbling board during the term of the license. Failure of
the applicant to tulfillssuch requirement may constitute grounds for disapproval
of licenses in subsequent years.
Subd. 8. Notification Ito Charitable Gambling Board. The city manager shall
transmit a certified copy of the Council resolution to the charitable gambling
board. If the,Council has disapproved the license, the city manager shall take
such actions as are reasonably necessary to deliver a copy of such resolution
to the board within 30 days from the date that the city received notice of the
license applicaGort. A copy of the resolution shall also be provided to the applicant
upon request:,; ,;
Subd. 9. Perihii..
(1) Organizations desiring to conduct lawful gambling which is exempt from
state licensure under Minnesota Statutes §349.12 shall make application to
the city for a.permit to conduct such lawful gambling.
(2) The application' shall be on forms prepared by the city manager for the
purpose and`shall be accompanied by the permit fee hereinafter required.
(3) The permit fie shall be as provided in Appendix D of this code.
(4) The city manager shall issue the permit if the following conditions have
been met:- .,.
i. Neither the designated gambling manager nor any of the organization's
officers have been convicted of any offense which would indicate lack of
suitab~ltfy, of the designated manager or the organization to engage in the
type of gambling achvity for which the permit is sought.
u. The organization has existed in the city for at least three years prior
to the date of application.
iii. On.the-date of application, the organization has at least 30 active
members: .
iv. The organization will either own or lease the premises where the
$~mpiin~::activity would be conducted.
v. If the'$ambiing activity is to occur on leased premises, the lease will
be for a•terdl at least equal m length to the term of the permit being sought.
(5) Betore the issuance of the permit, the designated gambling manager shall
file with the city manager a fidelity bond in the amount of $10;000. Such
bond shall run in favor of the organization conducting the gambling activity
and be tenditianed upon the gambling manager fully and faithfully perfor-
ming his dillies. The city council may, upon unanimous vote, waive the
bon ing`requirement.
(6)...T, ~dce may be waived in whole or in part by the city manager.
` Thef the fee waived shall be returned to the permitee upon is-
~:^ suance of the ppeermit. If the permit is denied, the city manager shall retain
$50 of tlfe fee to-reimburse the city fdr its administrative and investigative
expense~~il~ctinnection with consideration of the permit application.
Passedd by the city council of the City of Richfield, Minnesota this 22nd day
of September, 1986.
ATTEST: JOHN N. HAMILTON
THOMAS FERBER Mayor
City Clerk
(Oct. 1. 1986)-RICH