Agenda - Council - 11/10/2003 - Laserfiche WebLink

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LG21'5 Lease for Lawful Lease Term - The term of this lease agreement will be concurrent with the premises permit issued by the Gambling Control Board (Board). Management of Gambling Prohibited - The owner of the lessor will not manage the conduct of gambling at the premises. participation as Players Prohibited -The lessor, the le_~sor's immediate family, and any agents or gambling employees of the l~_~=~r will not pa~dpate as players lnthe conduct of lawful gambling on the premises. /llegalGamblFng : ' The lessor is aware c~ the prohibi~on against illegal gambling in'Minnesota Statutes 609.75, and the penalUeSfor i legal ga mbling violations in Ninnesota Rules 7861.0050, Subpart 3. · To the best of the lessor'S knowledge, the l~s~or.affirms that any and all games or-devices located on the prem[ses are net beiflg used, and am not ~apable'of being used, [na manner thai; violates t~ prohil:~dons ega!r~illecjal gambling in. . Hinnesota Statutes 609.75, and the penalties f~r illegal · ' gambling violations In Ninnetsota Rules 7861.0050; Subpart 3. · Notwithstanding Hlnnesota Rules 7861.0050~ Subpart3, an organization must continue malting rent payments~ purSUant to ~e. terrns of the lease, if the organization or its agents are found to be solely respo~ble for any illegal gambling'conducted at that site that is prohibited by IVlinnesota RuI~S 7861.0050, $ubpart ;[, or Minnesota Statutes 609.75, unless the · organization's agents responsible fo~ the illegal ~mbling 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 state or local law enforcement authority or the Board the occurrence at the site of illegal gamb!ing activity in whiCh the organization did net partidpate. Other Prohibi'~ons · The lessor wlll'not impose restrictions on.the organization with respect to providers (distributors) of gambling<elated equipment and services Or in the use of net profits for lawful purPOses. G hli n Activity 8/03 _arn_..n= Page 2 or 2 · The lessor, the lessors immediate famil~ and an), 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 wilt remain in effect pending 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 Of in part due to the lessor's violation of the provisions listed in this lease. · Arbitration Process - The lessor-agrees'to arbitraUon when a violation of these lease provisions is alleged. The afeitrator shall be', the CAG. Access to permitted premises-The Board and its agents, the commissioners of revenue andpublic safely and their agents, and law enforcement personnel have access tothe permitted premises .' at any reasonable time during the business hours of the The organization has ac?_~ totbe permitted i~¢mlS~:duld~ any time reasonable and when' necessary for the co~iuct of lawful gambling on the premises. ' · ' Lessor records: The lessorshall ma!nta'in a rec6rd. Of ali money _ received from the organiZau0nl and'ma ke.the record aVailabl~ to the Board and its'agentsi and the corhmissioners of revenue 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 bythe organizaUon to the lessor am all-inclusive (except bingo rent). No oth~er services provided or contracted by the lessor, may be.paid by the -. · organizaUon,:lnduding but not limited to trash removal, janitorial' and cleaning services, snow removal, Fawn services, electridly,. heat, security, security monitoring, storage, other ufJlities or services, and in the case of bat operaU0ns, compensation for cash · shortages.-Any other expenditures-made by an organization that Is related to a leased premises must be approved by the director of the Gambling Control Board. Rent payments may notbe mede to an indMdual. Acknowledgment.of. Lease Terms , ' .... . Alt obligations and agreements are contained In or attaChed to this lease,' ! affirm that the lease InformaUon is ~ total and only agreement between the lessor and the organization. There is no other agreement and no other consideraUon required between the 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 pdor to the effective date of the change. Other Terms or conditions: ' Signature.~f l~.~or Jl Date Que~ons on this form should be directed to the Ucensing Section of the Gambling Control Board (Board) at 651-639~,000. This publication will be made available in alternative format (i.e. large pdnt, Braille) upon request. If you usc a TrY, you can call the Board by using the Hinnesota 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 Hinnesota statutes and rules governing lawful gambling activities.