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1996-17ORDINANCE N0.1996-17 AN ORDINANCE AMENDING SUBSECTION 1100.13 OF THE RICHFIELD CITY CODE; RELATING TO LAWFUL GAMBLING THE CITY COUNCIL OF THE CITY OF RICHFIELD DOES ORDAIN: Section 1. Subsection 1100.13 of the Richfield City Code is amended to read as follows: 1100.13 Lawful gambline. Subdivision 1. Adoption by reference. Minnesota Statutes, chapter 349 relating to charitable gambling and 1~~4~5~ the administrative rules adopted pursuant thereto are adopted by reference. Subd. 2. 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 subsection. Subd. 3. 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. 4. Investigation: state 1-i~e~se premises permit. T l«°« ..°,.°;«+ °~ «°*;~:,.,,*;°« €~e~r-tkl}e-e~~Ie--gel-i~g-~e~d--e€~e-~e~de~ „~ ° „l;~t~~-~:~~r te-t#e-~~l-ic--sa€et3~-depae~-few-i~~e;~e~~~d~eESet~e~:---Tl} «e~i~~~ nit<'f~~~+:n«_1,:, +ho_~;+„ Tl.°..,„„1;.~~+_ rl~,~ll l,° ,,~r;f°.1 ,..;+;«,. „f+l,° ,1..+° ,. .<,i,:,.l. +l,° . Every organization which files an application for issuance or renewal of a premises permit shall deliver the application to the department of public safety as the designee of the city clerk. The director of public safety shall investigate each application and report the director's findings and recommendations to the city council. In connection with the investigation. the director of public safe , may require the organization to submit such other documents and records deemed necessary to verify compliance with the terms of this chapter and other laws relating to gambling. Subd. 5. Investigation and permit fee. The applicant for l-ic~se- ~ premises permit shall pay to the city an investigation fee and permit fee as provided in appendix D of this code. Tke-~b~~f~~-a~e~~~°'~romT~, fie€e~~t~P-da~~t~#e~~o~ste be-g~ese~rted Yee-e~-es- 1;,..,+;,,« .,«,l ~~~~~~2-~e~}~f2~~~~-~e~2~l~iQC~s ; F t~caacroir~~v'i+L,rl«.,,,,« .~ .. +~, Bill No. 1996-17 -2- Subd. 6. Council action. epee-~t~e~--e€--tl~e-Cpl-ie-~t~e~t--hay->;-ee~--Feeei;ted~T- Bach pending application for a premises Hermit shall be aoDroved or disapproved by resolution of the city council within sixt~(601 days after receipt of the application. 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. ~'',°~°~~°r *~° ,(>~ The citXcouncil ma,~disapprove an application for issuance or renewal of a premises permit for any of the following reasons: ~ Violation b~gambling organization of anv statute. ordinance or rule relating to gambling; Violation by the on-sale establishment. or other organization leasing its premises for ga. mbling. of anv statute. ordinance or rule relating to the operation of the establishment. including but not limited to laws relating to alcoholic beverages. gambling, controlled substances. suppression of vice and protection of public safety: !~ safely and welfare; For anv other good cause related to the operation of gambling or the business located on the premises: ~,.5 Failure of the applicant to pav the investigation fee provided bX subdivision 5 of this subsection within the time limit provided in subdivision ~; ~ Failure of the applicant to.pay the permit fee Subd. 7. Location. ?one-~i-t~iti~l d'-e€-a~y gambling under license issued by the Minnesota Gambling Control Board may be conducted only at the following_locations: (a the licensed organization's hall where it has its regular meetings. No organization shall rent, lease or occupy. directly or indirectly. any other proper for the purpose of conducting ~amblina_ ~xceDt an on-sale establishment as~e_rmitted in this chanter: or an organization leasing its premises for the conduct of bin Bill No. 1996-17 -3- ~bt ,t,o r..~.,,:~o~ +„ ~o t_,.----oa Ao t„-.,,oa , ,_*t,~„ +t,o ..,.,,.,,,..~., ., t,._~' .,.,...,*.'' +.,~ i - r--------- - - r-~r-..~ .. ~ .... . In licensed on-sale liauor eStahti~hm ntc nr establishments holding a club license: ~ Notwithstandine clauses (~,l and )above Class D (raffle only licen e m~,y be approved for any proper location: No location shall be approved for gambling unless it complies with the applicable zoning. building. fire and health codes of the Cily of Richfield. Subd. 7a. Conditions. The conduct of lawful gamb ing under license issued bj the charitable gambling board shall be subject to the following conditions in the City of Ri fi 1 ~, No sale. _consumption or possession of liquor shall be permitted during ag mbling conducted by a licensed organization. except as permitted under a valid on-sale club or liquor license: provided further that no sale. consumption or possession of liquor. shall be permitted in the room where a bingo session is taking. la ace. ~, No organization shall be eligible for a gambling license unless for the three j3) years immediatelypreceding the date of application: It has had an office located in the Citv of Richfield. An office is defined as the rp incipal location for the conduct of the organization's business. This may be substantiated through proof of activities such as the pavment of a mortg~e or rent~pavment of utilities. the conduct of organization meeting, maintenance of organization records and receipt of the organization's mail. ii It demonstrates that during that period substantial services have been performed and substantial charitable funds spent within the City of Richfield or on behalf of residents of the Citv of Richfield. l~ Bingo shall be subject to the following conditions: Bingo shall not be conducted more than four (4Lys each week at anv site. Bill No. 1996-17 -6- ~r Every agreement between a nonprofit organization and an on- ale premises for gambling shall be in the form of a written lease. The written lease shall be the complete agreement between the parties and there shall be no unwritten terms or condition The lease specifically provides that the lessee shall operate only after issuance of a premises permit and shall be subject to the terms of this ordinance: ~l A copy of any lease agreement between a nonprofit organization and an on- sale licensee shall be filed with the public safety director with the premises permit ~pnlic.~ation: ~ A lease agreement between a nonprofit organization and an on-sale establishment shall not~rovide for rental payments based on a erp tentage of receipts or profits from lawful gambling. The maximum rental fee shall be one thousand dollars ~~ 1.000.OO~per month. ~f Except for mechanical dis ep using devices. all gambling shall be conducted from a booth. or other area properly segregated from the rest of the licensed premises. except that raffle tickets. paddlewheel tickets and tipboards that offer only merchandise prizes may be sold within the permitted premises. The physical layout of the area set aside for gambling shall be subject to the approval of the public safety director; ~ The gambling booth shall be constructed and maintained b tie organization licensed to conduct gambling, and shall be under the exclusive control of that organization. The organization licensed to conduct gambling shall prominentl~~lav its name at its aamblina booth and shall indicate that all Drofits from aamblina are_for the benefit of the organization: Except as stated in clause lkl. the organization licensed to conduct aambling shall have exclusive control over all gambling devices. aambling money and gambling records. No employee or agent of the on-sale establishment shall handle gambling devices, gambling moneyprizes. or ambling records. nor shall they record winners. repla,~. or free aames. nor shall they otherwise conduct or assist the licensed _aamblina oraanizations in conducting the gambling operation Except for the operation of mechanical dispensing devices. no person shall be jointly emplo, ey d by both the licensed organization and the on-sale establishment. Subject to the approval of the .public safety director. an exception may be permitted for janitorial work. The gambling booth shall be separate from the liquor service bar. No gambling shall be conducted from the liquor service bar; Neither the owner of the on-sale establishment nor their employees shall have access to the interior of mechanical dispensing devices. They are onl~nermitted to redeem winning tickets and record such winners as required by law and rule. Bill No. 1996-17 -7- jj.j Payments for redemption of winning null tab tickets dispensed >Zy mechanical dis ep using device shall be made from funds provided by the on-sale establishment. the on-sale establishment shall be reimbursed by the lawful gambling organization for winning tickets redeemed by the on-sale establishment. reimbursements shall be made as provided in the lease agreement. n , ~To gambling funds shall be commingled with funds of the on-sale establishment: r~ No food. drink. or entertainment discounts or other promotions shall be offered in conjunction with the sale of gambling devic s or chances: ~ The on-sale establishment shall allow the organization to conduct gambling at any time during its lawful business hours. and shall prohibit ,gambling at any time other than its lawful business hours; ~ The on-sale licensee shall make no agreements with anv_gambling equipment distributor or manufacturer requiring the use of his or her gambling equipment or anv other equipment or vending machines in the establishment. The on-sale licensee shall not receive from any.gambling equipment distributor or manufacturer anv money. gift, or other thing_of value. ~ Clauses f). (gL{hl1il. fjl and (k) of this subdivision shall not ably when the licensed gambling organization is also the holder of the on-sale licen e for the establishment where the gambling is conducted. ,(~ No employee or agent of the licensed organization or and l~ovee or agent of the on-sale establishment shall engage in lawful gambling at the establishment where they are emplo, Adopted by the City Council of the City of Richfield on July 22, 1996. ATTEST: J ~` ~1 Thomas P. Ferber, City Clerk . ~ Martin J. Kirsh, Mayor SUN SkrrCurrarrt SirrPwt s.:rs.wo. AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA) SS. COUNTY OF HENNEPIN) nis L. Mindak being duly sworn on an oath says that he/she is the publisher or authorized agent and employee of the publisher of the newspaper known as Sun-Current which are stated below. and has full knowledge of the facts (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as provided by Minnesota Statue 331A.02, 331A.07, and other applicable laws, as amended. (B) The p Ordinance No. 1996-17 which is attached was cut from the columns of said newspaper, and was printed and published once each week, for one successive weeks; it was first published on Wednesday .the 31 day of J u l Y , 1 g9 6 ,and was thereafter printed and published on every to and including ,the day of , 19 ;and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice: abcdefghijklmnopgrstuvwxyz BY: r TITLE: P u b l i s h e r Acknowledged before me on this 31 day of D u l y , 19 9 6. i~ t ~ ~i ~ l No ary Public -- RATE INFORMATION (1) Lowest classified rate paid by commercial users $ 2.15 per line for comparable space (2) Maximum rate allowed by law for the above matter $ 5.95 per line (3) Rate actually charged for the above matter $ 1.09 per line City of Richfield (Official Publication) ORDINANCE NO.1996-17 AN ORDINANCE AMENDING SUB$ECT 1100.13 OF THE RICHFIELD CITY COI RELATING TO LAWFUL GAMBLING THE CITY COUNCIL OF THE CITY OF RIC] DOES ORDAIN: Section 1. Subsection 1100.13 of the Richfi Code is amended to read as follows: 1100.13 Lawful gambling. Subdivision 1. Adoption by reference. ]t to Statutes, chapter 349 relating to charitable g and MCAR 7860 the administrative rules adop suant thereto aze adopted by reference. Subd. 2. Definitions. The definitions cc in Minnesota Statutes, section 349.12, subdivisii adopted and incorporated by reference and shall co the definitions of those terms as used in this subs Subd. 3. License or permit required. types of gambling shall be permitted but only by o: tions which have been issued either a currently va Ming license issued by the State Charitable G; Boazd, or a permit issued by the City to conduct g. exempt from licensing under Minnesota Statutes, 349.214. Subd. 4.- Investigation: state license p permit. Upon receipt of notification from the ch gambling boazd of the pendency of an applicatim suance or renewal of an organization gambling lice city manager shall transmit the notification to th safety department for its review and recomme~ The public safety department shall investigate the and make its review and recommendation to the ci cil as soon as possible, but in no event later than following receipt of the notification by the city. Tb cant shall be notified in writing of the date on w] recommendation will be considered by the city Every organization which files an application for i. or renewal of a premises permit shall deliver the ; tion to the department of public safety as the des. the city clerk. The director of public safety shall gate each application and report the director's findi recommendations to the city council. In connecti the investigation, the director of public safety may the organization to submit such other documei records deemed necessary to verify compliance v terms of this chapter and other laws relating to ga Subd. 5. Investigation and permit fee. ' plicant for an organization gambling license a p~ permit shall pay to the city an investigation fee and fee as provided in appendix D of this code, The pub ty department shall notify the applicant in wriin the fee is due in full, which due date shall be at le days before the date that the report is to be prese the city council. The application and permit fees at the time the application is made. The investiga is nonrefundable. The permit fee will be refunded i1 plication is withdrawn prior to council action on th cation. Subd. 6. Council action. (a) The city council shall consider plication not later than 25 days after written noti of the application has been received by the City. Eac ing application for a premises permit shall be appr disapproved by resolution of the city council with: (60) days after receipt of the application. The count consider the report of the depaztment of public statements from the applicant, and any other infor which the council believes to be relevant to the appl Thereafter the council shall, by resolution, approve approve of the license. If the investigation fee prop subdivision 5 of this subsection has not been paid the time limit provided in such subdivision 5, the may disapprove the license on that basis. (b) The city council may disapprove plication for issuance or renewal of a premises per any of the following reasons: (1) Violation by the gambling zation of any statute, ordinance or rule relating t Ming; (2) Violation by the on-sale esl went, or other organization leasing its premises fc Ming, of any statute, ordinance or rule relating to eration of the establishment, including but not lin laws relating to alcoholic beverages, gambling, cor substances, suppression of vice and protection of safety; (3) Where the operation of ga at the site would be detrimental to health, safety a fare; (4) For any other good cause to the operation of gambling or the business located premises; (5) Failure of the applicant to 1 investigation fee provided by subdivision 5 of this ; tion within the time limit provided in subdivision (6) Failure of the applicant to 1 permit fee Subd. 7. Review of application locatior City will disapprove of any application wherein thf cant seeks to be permitted to conduct gambling if gambling under license issued by the Minnesota Ga Control Boazd may be conducted only at the fo11oH cations: (a) The premises to be licensed a nwnarl nr laaaad by tho annl:...._a -- ~- -- City of Richfield (Official Publication) ORDINANCE N0.1996-17 AN ORDINANCE AMENDING SUBSECTION 1100.13 OF THE RICHFIELD CITY CODE; RELATING TO LAWFUL GAMBLING THE CITY COUNCIL OF THE CITY OF RICHFIELD DOES ORDAIN: Section 1. Subsection 1100.13 of the Richfield City Code is amended to read as follows: 1100.13 Lawful gambling. Subdivision 1. Adoption by reference. Minneso- ta Statutes, chapter 349 relating to charitable gambling and MCAR 7860 the administrative rules adopted pur- suant thereto aze adopted by reference. Subd. 2. Definitions. The definitions contained in Minnesota Statutes, section 349.12, subdivision 1 aze adopted and incorporated by reference and shall constitute the definitions of those terms as used in this subsection. Subd. 3. License or permit required. Lawful types of gambling shall be permitted but only by organiza- tions which have been issued either a currently valid gam- bling 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. 4.- Investigation: state license premises permit. Upon receipt of notification from the charitable gambling beazd of the pendency of an application for is- suance or renewal of an organization gambling 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 coun- cil as soon as possible, but in no event later than 25 days following receipt of the notification by the city. The appli- cant shall be notified in writing of the date on which the recommendation will be considered by the city council. Every organization which files an application for issuance or renewal of a premises permit shall deliver the applica- tion to the department of public safety as the designee of the city clerk. The director of public safety shall investi- gateeach application and report the director's findings and recommendations to the city council. In connection with the investigation, the director of public safety may require the organization to submit such other documents and records deemed necessary to verify compliance with the terms of this chapter and other laws relating to gambling. Subd. 5. Investigation and permit fee. The ap- plicant for an organization gambling license a premises permit shall pay to the city an investigation fee and permit fee as provided in appendix D of this code. The public safe- ty 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 sty council. The application and permit fees aze due at the time the application is made. The investigation fee is nonrefundable. The permit fee will be refunded ifthe ap- plication is withdrawn prior to council action on the appli- cation. Subd. 6. Council action. (a) The city council shall consider the ap- plication not later than 25 days after written notification ofthe application has been received by the City. Each pend- ingapplication for a premises permit shall be approved or disapproved by resolution of the city council within sixty (60) days after receipt of the application. 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 dis- approve of the license. If the investigation fee provided in subdivision 5 of this subsection has not been paid within the time limit provided in such subdivision 5, the council may disapprove the license on that basis. (b) The city council may disapprove an ap- plication for issuance or renewal of a premises permit for any of the following reasons: (i) Violation by the gambling organi- zation of any statute, ordinance or rule relating to gam- bling; (2) Violation by the on-sale establish- ment, or other organization leasing its premises for gam- bling, of any statute, ordinance or rule relating to the op- eration of the establishment, including but not limited to laws relating to alcoholic beverages, gambling, controlled substances, suppression of vice and protection of public safety; (3) Where the operation of gambling at the site would be detrimental to health, safety and wel- fare; (4) For any other good cause related to the operation of gambling or the business located on the premises; (5) Failure of the applicant to pay the investigation fee provided by subdivision 5 of this subsec- tionwithin the time limit provided in subdivision 5; (6) Failure of the applicant to pay the permit fee Subd. 7. Review of application location. The City will disapprove of any application wherein the appli- cant seeks to be permitted to conduct gambling if Lawful gambling under license issued by the Minnesota Gambling Control Board may be conducted only at the following lo- cations: (a) The premises to be licensed are not owned or ]eased by the applicant, or in the licenaeti orga- nization'shall where it has its regular meetings. No orga- nization shall rent, lease or occupy, directly or indirectly, any other property for the purpose of conducting gambling, except an on-sale establishment as permitted in this chap- ter; or an organization leasing its premises for the conduct of bingo; (b) the premises to be licensed aze located within the property which constitutes the principal place of business of the applicant. In licensed on-sale liquor es- tablishments or establishments holding a club license; (c) Notwithstanding clauses (a) and (b) above, Class D (raffle only) licenses may be approved for any proper location; (d) No location shall be approved for gam- bling unless it complies with the applicable zoning, build- ing, fire and health codes of the City of Richfield. Upon the receipt of notification of the pendency of any license application before the charitable gambling board requesting such off-premises gambling the clerk shall, in lieu of the provisions contained in subdivisions 4, 5, 6 and 9 ofthis subsection, transmit a certified copy ofsubdivision 7 to the charitable gambling boazd together with a state- ment from the city clerk that subdivision 7 is in full force and effect and that the application is disapproved pursuant to that subdivision. Such action by the city clerkshall con- stitute the official action of the City. The provisions of this subdivision shall not apply to the sale of raffle tickets. Subd.7a. Conditions. The conductoflawfulgam- bling under license issued by the charitable gambling board shall be subject to the following conditions in the City of Richfield: (a) No sale, consumption or possession of liquor shall be permitted during gambling conducted by a licensed organization, except as permitted under a valid on-sale club or liquor license; provided further that no sale, consumption or possession of liquor, shall be permitted in the room where a bingo session is taking place. (b) No organization shall be eligible for a gambling license unless for the three (3) years immediate- ly preceding the date of application; (i) It has had an office located in the City of Richfield. An office is defined as the principal loca- tion for the conduct of the organization's business. This may be substantiated through proof of activities such as the payment of a mortgage or rent, payment of utilities, the conduct of organization meeting, maintenance of organi- zation records and receipt of the organization's mail. (ii) It demonstrates that during that period substantial services have been performed and sub- stantial charitable funds spent within the City of Richfield or on behalf of residents of the City of Richfield. (c) Bingo shall be subject to the following conditions: (1) Bingo shall not be conducted more than four (4) days each week at any site. (2) No more than seven (7) bingo oc- casions shall be conducted each week by an organization. (3) Subject to the limits set forth above, an organization may lease its hall where it has its regular meetings to no more than one licensed organiza- tion, for the conduct of bingo only, provided that the site has been used for bingo by a validly licensed organization within the previous three (3) years. (4) Bingo halls shall not be permitted. (d) No organization shall hold more than three (3) premises permits for locations in the City of Rich- field, no more than one of which may be at an establish- ment which holds an on-sale intoxicating liquor license. Subd. 8. 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 will be required to submit to the charitable gambling board during the term of the license. Failure of the applicant to fulfill such requirement may constitute grounds for disap- proval of licenses in subsequent yeazs. Subd. 9. Notification to 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 de- liver acopy of such resolution to the boazd within 30-60 days from the date that the city received notice of the li- cense application. A copy of the resolution shall also be provided to the applicant upon request. Subd. 10. Permit. (a) Organizations desiring to conduct law- ful gambling which is exempt from state ]icensure under Minnesota Statutes, section 349.12, shall make applica- tion to the City for a permit to conduct such ]awful gam- bling. (b) The application shall be on forms pre- pazed by the city manager for that purpose and shall be ac- companied by the permit fee hereinafter required. (c) The permit fee shall be as provided in appendix D ofthis code. (d) The city manager shall issue the permit if the following conditions have been met: (1) Neither the designated gambling manager nor any of the organization's officers have been convicted of any offense which would indicate lack of suit- ability ofthe designated manager or the organization to en- gage in the type of gambling activity for which the permit is sought. (2) The organization has existed in the City for at least three years prior to the date of appli- cation. (3) On the date of application, the or- ganizationhas at least 30 active members. (4) The organization will either own or lease the premises where the gambling activity would be conducted. (5) 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. (6) No sale, consumption or posses- sion of liquor will occur on the premises where the gam- bling activity will be conducted; unless the organization has obtained a valid temporary on-sale liquor license; (7) The organization complies with all statutory requirements for an exempt organization, in- cludingthe 60-day notice requirements to the City. The di- rector of public safety, when granting a permit to an ex- empt organization, may waive the 60-day notice require- ment. (e) Before the issuance of the permit, the designated gambling manager shall file with the city man- ager afidelity bond in the amount of $10,000. Such bond shall run in favor of the organization conducting the gam- bling activity and be conditioned upon the gambling man- ager fully and faithfully performing his duties. The City Council may, upon unanimous vote, waive the bonding re- quirement. (fl 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 permittee 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 adminis- trative and investigative expenses in connection with con- sideration of the permit applic;~tion. Subd. 11. Lawful gambling at on-sale establish- ments. Lawful gambling at on-sale liquor or club license establishments shall be conducted in compliance with the following regulations: (a) Only Class B and Class D gambling li- censes, as defined in Minnesota Statutes, section 349.16, may be issued, except where the licensed gambling orga- nization also holds the liquor or club license for the premis- es, in which case, any class of gambling license maybe is- sued; (b) On-sale establishments shall be limited to one licensed gambling organization at any one time in the licensed premises and any rooms adjoining the premis- es under the same management. No lease shall be made with one organization while another lease is in effect for the same on-sale establishment; (c) Every agreement between a nonprofit organization and an on-sale premises for gambling shall be in the form of a written lease. The written lease shall be the complete agreement between the parties, and there shall be no unwritten terms or conditions. The lease specif- ically provides that the lessee shall operate only after is- suance of a premises permit and shall be subject to the terms of this ordinance; (d) A copy of any lease agreement between a nonprofit organization and an on-sale licensee shall be filed with the public safety director with the premises per- mit application; (e) A lease agreement between a nonprofit organization and an on-sale establishment shall not pro- vide for rental payments based on a percentage of receipts or profits from lawful gambling. The maximum rental fee shall be one thousand dollazs ($1,000.00) per month. (fl Except for mechanical dispensing de- vices, all gambling shall be conducted from a booth, or other area properly segregated from the rest of the licensed premises, except that rafle tickets, paddlewheel tickets and tipboazds that offer only merchandise prizes may be sold within the permitted premises. The physical layout of the area set aside for gambling shall be subject to the ap- proval of the public safety director; (g) The gambling booth shall be construct- ed and maintained by the organization licensed to conduct gambling, and shall be under the exclusive control of that organization. The organization licensed to conduct gam- bling shall prominently display its name at its gambling booth and shall indicate that all profits fiom gambling are for the benefit of the organization; (h) Except as stated in clause (k), the orga- nization licensed to conduct gambling shall have exclusive control over all gambling devices, gambling money, and