Agenda - Council - 10/25/2005 - Laserfiche WebLink

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810S LG215 Lease for Lawful Gambling Activity Pa~e ~ of-~ Lease Term - The £erm of this lease agreement will be concurrent with the premises permit issued by the Gambling Control Board (Board). iVlan agement of Gambling Prohibited - The owner of the premise5 or the lessor will not manage the conduct of gambling atthe premises. Participation as Players Prohibited -The lessor, the lessods immedia[e family, and any agents or gambling employees of the lessor will not pa~cipate as players in the conduct of lawful gambling on the premises. :Illegal Gambling o The I ~e_ssor is aware of the prohibition against illegal gambling in P1innesota Statutes 609.75, and the penates for illegal gaml~ling violations in Hinnesota Rules 7861.0050, Subpart 3. [n addition, the Board may authorize the organization to withhold rent for a period of up to 90 days if the Board determines that illegal gambling occurred on the premises and that the lessor or its employees participated in the illegal gambling or knew of the gambling and did not take prompt action to stop the gambling. Continued tenancy of the organization is authorized without the payment of rent dunng the time period determined by the Board for violations of this provision. o To the. best of the {essor'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 prohib~ons against illegal gambling in Minnesota Statutes 609.75, and the penalties for illegal gambtincj violations in Minnesota Rules 7861.0050, Subpart 3. · Notwithstanding Minnesota Rules 7861.0050, Subpart 3, an organizabon must conUnue making rent payments, pursuant to the terms of the lease, if the organization or its agents are found r~ be solely responsible for any illegal gambling conducted at that site that is prohibited by Minnesota Rules 786~..0050, 5ubpart 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. ~: o The lessor shall not modify or terminate the lease in whole or in part because the organizartJon reported to a state or local law enforcement authority or the Board the occurrence at the s~te of illegal gambling activity in which the organization did not. participate. Other Prohibitions · The lessor will not impose restri~ons on the organization with respect to providers (disl~ibutors) of gambling-roland equipment and services or in the use of net profit~ for lawful purposes. · The lessor, person residing in the same household as the lessor, the lessor's immediate ~mily, and any agents or employees of the lessor will not require the organization to perform any action that would violate statute or rule. · ~fthere is a dispute as to whether any of these lease provisions have been violated, the lease will remain in effe~ pending a final determinabon by the Compliance Review Group (CRC) 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 ortho 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 CRC. Access to permitted premises - The Board and ils 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. L~sor 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 commissioners of revenue and public safety and their agents upon demand. The record shall be maintained for a pedod of 3- [/2 years. Rent ali-inclusive - Amounts paid as rent by the organization to the lessor are all-inclusive. No other services or expenses 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, securib/, secudty monitoring~ storage, other utilities or services, and in the case of bar operations, 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 made to an individual. Acknowledgment of Lease Terms All obligations and agreements are contained in or attached to this lease and are subject to the approval of the direcl~or of the Gambling Control Board. [ 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 submit:ed to the Gambling Control Board at least 10 days prior to the effective date of the change, if a renegoldated lease is made due to a change in ownership, the new lease will be submitted within 10 days a~er the new lessor, has assumed ownership. List or att:ach other terms or conditions (must be approved by director of Gambling Control Board) . . ~--~-:~ ,~.~-~? Print name and title of lessor ~dn~-n n e . · !,' .a~n~a ~i'~eofiessee Quesbons on this form should be directed to the Ucensing Section of the Gambling Control Board (Board) at 65J.-639-4000. This pubJJcatio~ will be made available in alternative format (i.e. large print, Braille) upon request. [f you use a TTY, you can call the Board by using the Minnesota Relay Sep~lce and ask to place a call to 651-639-~O00. The information requested on this form will become pubflc information when received by the Board, and will be used to determine your compliance with Minnesota statutes and rules governing lawful gambling activities. -115-