Agenda - Council - 06/10/2003 - Laserfiche WebLink

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,I I I I I I I I I I i I I I I I I I LG215 Lease for Lawful Gambling Activity 6/03 PaGe 2 of Lease Term - The term of this lease agreement will be concurrent with the premises permit issued by the Gambling Conti'ol Board (Board). This lease automatically renews when the premises permit is renewed. Management of Gambling Prohibited - The owner of the premises or the lessor will not manage the conduct of gambling at the premises. Participation as Players Prohibited'- The lessor, the lessor's immediate family, and any agents or gambling employees of the lessor will not participate as players in the conduct of Iawful gambling on the premises. Tllegal Gambling · The lessor is aware of the prohibition against illegal gambling in Minnesota Stacutes 60g.75, and the penalties for illegal gambling violations in Minnesota Rules 786~..0050, Subpart 3. · To the best of the lessor's knowledge, the lessor affirms that any and all games or devices located on the premises are not being used, and are not capable of being used, in a manner that violates the prohibitions against illegal gambling in Minnesota Statutes 609.75, and the penalties for illegal gambling violations in Minnesota Rules 786]L0050, Subp. 3. · Notwithstanding Minnesota Rules 786]..0050, Subpart 3, an organization must continue making rent payments, pursuant to the terms of the lease, if the organization or its agents are found to be solely responsible for any illegal gambling conducted at that site that is prohibited by Minnesota Rules 786t.0050, Subpart 1, or Minnesota Statutes 609.75, unless the organization's agents responsible for the illegal gambling activity are also agents or employees of the lessor. · The lessor shall not modify or terminate the lease in whole or in part because the organization reported to a stal~e or local law enforcement authority or the 8oard the occurrence at the site of illegal gambting activity in which the organization did not participate. Other Prohibitions · The lessor will not impose restrictions on the organization with respect to providers (distributors) of gambling-related equipment and services or in the use of net profits for lawful purposes. · The lessor, the lessor's immediate family, and any agents or employees of the lessor will not require the organization to perform any action that would violate statute or rule. · If there is a dispute as to whether any of these lease provisions have been violated, the lease will remain in effectpending a final determination by the Compliance Review Group (CRG) of the Gambling Control Board. · The lessor shall not modify or terminate this lease in whole or in part due to the lessor's violation of the provisions listed in this lease. Arbitration Process - The lessor agrees to arbitration when a violation of these lease provisions is alleged. The arbitrator shall be the CRG. Access to permitted premises - The Board and its agents, the commissioners of revenue and:public safety and their agents, and law enforcement personnel have access to the permitted premises at any reasonable time during the business hours of the lessor. The organization has access to the permitted premises during any time reasonable and when necessary for the conduct of lawful gambling on the premises. Lessor records - The lessor shall maintain a record of all money received from the organization, and make the record available to the Board and its agents, and the commissibners of ~evenU~ and public safety and their agents upon demand. The record shall'be maintained for a period of 3-1/2 years. Rent all-inclusive - Amounts paid as rent by the organization to the lessor are all-inclusive (except bingo rent). No other services provided or contracted by the lessor may be paid by the organization, including but not limited to trash removal, janitorial and cleaning services, snow removal, lawn services, electricity, heat, security, security monitoring, storage, other utilities or services, and in the case of bar operations, compensation for cash shortages. Any other expenditures made by an organization that i,. related to a Ieased premises must be approved by the director of the Gambling Control Board. Acknowledgment of Lease Terms All obligations and agreements are contained in or attached to this lease. I affirm that the lease information is the total and only agreement between the lessor and the organization. There is no other agreement and no other consideration required between the parties as to the lawful gambling and other matters related to the lease. Any changes in this lease will be submitted to the Gambling Control Board at least ~.0 days prior to the effective date of the change. ~t ~titr~r ~ nama and title of le~e .... f ~,_. Questions on ~is form should be dire~ed to the U~nsing Se~on of the Gambling Control 8oard (Board) at 65~-639-4000, This publication will be made available in alternative format (i.e. large print, Braille) upon request. Zf you use a 'if'Y, you can call the 8oard by using the Minnesota Relay Service and ask to place a call to 65].-639-4000. The information requested on this form will become public information when received by the Board) and will be used to determine your compliance with Minnesota statutes and rules governing lawful gambling activities. -'135-