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NANCE #92-02.
<br />
<br />· '. CiTyOF RAMSEV'
<br />· ~ ANOKA COUNTY
<br />.· STATE O' MINNESOTA
<br />I. ^MENDME.T TO C.APTER 7 W. lC. IS
<br />· '..OWN AS T.E LICENSING ANO PERMITS
<br /> i CHAPTER OF THE CITY CODE. ·
<br />
<br /> AN ORDINANCE AMENDING CHAPTER 7,
<br /> SECTION~ 7.61 EN'[ITLED "CHARITABLE
<br /> GAMBL NG" AND REPEALING SECTION
<br /> 7.62, ENTITLED "BINGO" OF THE CITY
<br /> COOL 0F RAMSES, MINNESOTA. ·
<br /> The City of Ramsay ordains:
<br /> SECTION 1. AUTHORITY
<br /> This Ordinance is adopted pursuant to the
<br /> authori~ granted by Minnesota .Statutes,
<br /> Chapter 349. et al.
<br /> SECTION 2. AMENDMENT
<br /> Section 7,61 of ~he City Code ~s amended 40
<br /> read as follows:
<br /> .7.61.01 Purpose
<br />
<br /> ~ontror the conduc~ of charitabi'~' aambl{ng'p~L
<br /> suant to the provisiohs of'.Chapter 349 of
<br /> nesota Statutes.
<br /> 7.61.02 Adoption of Reference
<br /> Chapter 349of Minnesota Statutes is adopted
<br /> by the same as if fully set forth
<br />
<br /> :~' :7.M.03 N0tJce; Approval or Disapprqval
<br /> ~-The applicant for e 'charitable gambling
<br /> wJthJR the City of Ramsdy shall notify
<br /> the Ci~ Council .in writing in the manner re-
<br /> quired by law of each pending application for a
<br /> charitable gambling license at toast 60 days be-
<br /> fore issuing or renewing the license. Each pen-
<br /> ding 'apPlication for a license shall be approved
<br /> Or disapproved by the Ramsay City Council.
<br /> 7.61.04 Location
<br /> Lawful gambling under license issued bY the
<br /> Minnesota Charitable Gambling Control Board
<br /> 'Board") may be conducted only at locations
<br /> ~at comply with applicable zoning,, building,
<br /> heal}h codes of the City of Ramsay. All'
<br /> applications must be for a specific location with
<br /> the exception of Class D (raffle only) licenses.
<br /> The following Ibcations are considered un-
<br /> suitable for ~ambling operatiohs and any re-
<br /> quest for ~ ~harita~le gambling license at such
<br /> a location will be rejected without clear and
<br /> convincing evidence t~at such a location will
<br /> not undue enforcement difficulties, lessen
<br /> property values of adjoining properties, or
<br /> pose gambling to persons under 18 years of age:
<br /> a. Areas zoned for agriculture or residential
<br />
<br /> b. Locations where t~e predominant clientele
<br /> is under the age of 18.years. 7.61.05 Conditions
<br /> The conduct of lawful charitable gambling
<br /> under license issued by the Board shall be sub-
<br /> ject to the following conditions in the City of
<br /> Ramsay: ' '
<br /> a. A copy of ahy lease agreement baleen a-
<br /> non-profit organization and a gambling location
<br /> owner or operator shall be filed with the City
<br /> Administrator together· with t~e gambling
<br /> license application; '
<br /> b..The City Council may refuse to issue a
<br /> charitable gambling license for a location in
<br /> wh'ich gambling violations have previously oc-
<br /> cur~ed, and the council may refuse to issue a
<br /> Charitable gambling· license to a non:~rofit
<br /> organization which has previously violated
<br /> terms of this Ordinance and/or Minnesota Stat-
<br /> utes, Chapter 349.
<br /> c. The maximum number of separate gambl-
<br /> ing I~ations that any one licensed organization
<br /> shall be permi~ed to operate within·the City is
<br /> three (3L .
<br /> 7.61.06 Investigation
<br /> Every organization which files.an application
<br /> f0~ issuance or renewal of a charitable gambl-
<br /> ing license shall deliver the application to the
<br /> City Administrator. The City Administrator
<br /> shall ingestigate each application and report
<br /> any findings and recommendations to the, City
<br />
<br /> 7.61.0~ Filing of RecoYds; Inspections; Access
<br /> to Records·
<br /> Subd. 1. Every organization licensed to Con-
<br /> duct charitable gambling in the City of Ramsay
<br /> shall file 'with the City Administrator Copies of
<br /> all records and reports required to be filed with
<br /> the Board pursuant to Minnesota StatuteS,
<br /> Chapter 349 and the rules and. regulations pro-
<br /> mu]gated thereunder.· The records and reports
<br /> shall be filed in th~ office of 1he City Ad-
<br /> ministrator to th~ Board on or before the day
<br /> they are required to be filed.with the Board;
<br /> Subd 2. Every gambling event in the CJiy of
<br /> Ramsay; conducted by an organization under
<br /> Minnesota Statutes, Chapte~ 349 shall be Open to
<br /> inspection by officers of the Ramsay Police
<br /> Department;
<br /> - SUbd. 3. The City Administrator or employees
<br /> 0f the Police Department, at the direction of the
<br /> City Administrator, may inspect at any reason-
<br /> able time, without notice or search warrant, all
<br /> records of a licensed organization, including
<br /> gambling account and other ban~ records re-
<br /> quired by the Board to be maihtained and
<br /> preserved.
<br /> 7.61.08 Fee
<br /> The City will charge all new ·applicants the
<br /> maximum inyestigation fee permitted by Min-
<br /> nesota Statutes, Chapter 349 Jn order to cover
<br /> costs ihcurred investigating the application.
<br /> Any unused portion Of t~is fee will be refunded
<br /> to the applicant. This fee does not apply to ap-.
<br /> plications for renewal of licenses. .
<br /> 7.61.~ Use 01 Charitable Gambling New Prof-
<br /> its
<br /> AnY licensed organization conducting lawful
<br /> gambling within the City shall be required to
<br /> contribute ten percent (10%) of it~ net profits·
<br /> derived from lawful gambling to a 'fund ad-
<br /> ministered and regulated by the City without-~
<br />
<br />PRINTER'S AFFIDAVIT OF PUBLICATION
<br />
<br />STATE OF MINNESOTA )
<br /> $$
<br />County of Anoka )
<br />
<br /> cost to such fund.' Disbursements from this fund
<br /> shall be for lawful purposes as determined from
<br /> time to time by City Council resolution. The
<br /> term "net profits" as.used herein shall be that -
<br /> definition assigned to it by Minnesota Statutes,
<br /> - Chapter 349. Thi,s subsection shall apply to all
<br /> ' licensed organizations c6nducting lawful
<br /> gambling wi.th the City.
<br />~7.61r. 10' Ekpen,dit?res for L~wful Purposes
<br />~[ithin City's Trade Area
<br />VAny licensed organiza[ion conducting lawful
<br />gambling within the City shall be required to
<br />expend 75% of its expenditures for lawful.pur-
<br />poses on lawful purposes conducted or located
<br />wilhin the City's trade area 1o the benefit of the
<br />City's trade area.
<br /> In the, event the City is unable to determine
<br /> With a reasonable degree of certainly that lhe
<br /> required'75% of the licensed organization's ex-
<br /> penditures for lawful purposes is being expend-
<br /> ed on lawful purposes, the City Adh3inistrator
<br /> may require such other fidancial information as
<br /> is reasqnabl¥ necessary for the City to make
<br /> this deteJ'mination.
<br /> For purposes Of this subsection, the term
<br /> "trade area" is defined as the Cities of
<br /> Ramsay, Anoka, Andover, and the Tow~ of
<br /> Burns in Anoka County, the City of Elk River in
<br /> Sherbu~ne County and the City of Dayton in
<br /> Hennep~in County.' For purposes of the subsec-
<br /> tion; the term "lawful purpose (s)" is that
<br /> definition assigned to it by Minnesota Statutes,
<br /> Chapter 349. This subsection shall, apply to all
<br /> licensed organizations conducting lawful
<br /> gambling within the City.
<br /> SECTION 3. REPEAL
<br /> Section 7.62 of'the city Code entitled, "Bingoq
<br /> ' ishereby repealed. ' % -
<br /> SECTION4. VIOLATIONS
<br /> Anyone who violates the provisions of this
<br /> section shall be guilty of a misdemeanor. This
<br /> section, does not preciud~ civil and criminal
<br /> penalties under applicable laws. Failure to
<br /> make timely reports and payment of taxes as
<br /> required by Ih is.section' may result in a rec-
<br /> ommendation to' the Board that the organiza-
<br /> tion's Premises permit should be revoked·
<br /> SECTION $. EFFECTIVE DATE
<br /> " The effective date of. this Ordinan'ce is thirty
<br />3_0..) .days after its passage and publication,-sub- '
<br />t to City Char ter Section 5,07.
<br /> )ASSED by {he City Council of ti3e'.City of
<br /> r ~amsey', Minnesota, this 10th day of March,
<br /> 1992.
<br /> -s-James R. Gilbertson
<br /> Mayor
<br /> ATTEST:
<br /> -s-.Ryad R. Schroeder
<br /> City Administrator
<br /> abcdefghii klmnopqrstuvwxyz
<br /> Published in Ariol(a Co. U~ion
<br /> March 13, 1992
<br />
<br />Peter G. Bodley, being duly sworn, on oath says tha~ he iS the managing editor of the
<br />newspaper known as the Anoka County Union, and has full kndwledge of the facts which are
<br />stated below: [
<br />
<br /> (A) The newspaper has complied with all of the requirements constituting qualifica[ion
<br />as a qualified newspaper, as provided by Minnesota Siatut~ 331A.02, 331A.07, and other
<br />applicable laws, as amended. ~
<br />
<br /> (B) The printed .... 0I~D I NAN.(~E ' ..........
<br />..................... .N.ttm. b.e.c, .9.2.-.0.2 .............................................
<br /> J
<br />which is attached was cut from the columns of said Pews[pitper, and was printed and
<br />published once each week, for...013.~.., successive weel~; it ~v~s first published on Friday,
<br /> ~ -
<br />the ...... ]..3.t.h ..... day of .... ~/!t,r'.~h ...... 19..9.2, pud ~as thereafter printed and
<br />published on every Friday to and including Friday, ~iha ................ day of
<br />................ ,19 .... ; and printed below is a copy of libel lo~e~"i case alphabet from A to Z,
<br />both inclusive, which is hereby acknowledged as being t¥ si~ grid kind of type used in the
<br />composition and publication of the notice:
<br />
<br /> abcdefghijklmnopqrsluYwxyz
<br /> abcdefghijklm~opqrstuvw~,yz [
<br />
<br /> ... ............................
<br /> ~'"-'"~nagag Editor
<br />
<br />Subscribed and sworn to before me on
<br />
<br /> L~I/~ NOTARY PUBLIC · MINNESOTA ~
<br /> · · ~ ; [ ANOKA COUNTY ~
<br /> ~ ~1~ Qommllalon expired May 10, 1~5~
<br />Notary Pu~ic ' ~
<br />
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