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<br />10 minutes <br /> <br />Case # <br /> <br />1 <br /> <br />ARRIGONI CHARITABLE GAMBLING LICENSE/ <br />CHARITABLE GAMBLING ORDINANCE <br /> <br />By: William K. Goodrich, city Attorney <br /> <br />BACKGROUND: <br /> <br />I have reviewed the council action relating to the above <br />charitable gambling license. In addition, I have reviewed the <br />relevant state statutes on this subject together with a very <br />recent Attorney General's opinion relating to these statutes and <br />cities' authority pursuant thereto. <br /> <br />Based on my review and research, the city's action on the <br />Arrigoni license application denial appears to be improper based <br />on the Attorney General's interpretation of the law. <br /> <br />In his July 29, 1988 opinion, the Attorney General stated: <br /> <br />" . it is well-settled that a local unit of government <br />may not act arbitrarily in denying an application for a <br />license." <br /> <br />"Given what is contemplated by the city of Cloquet, <br />namely, limiting lawful gambling to local <br />organizations, possible violation of the equal <br />protection clause of the state and/or federal <br />constitution must be considered by the city." <br /> <br />Based on the above, I strongly suggest that the Council <br />reconsider its action on the license in question, and unless <br />facts for denying the renewal license are found by the Council <br />other than that the applicant is not a local organization, the <br />license should not be denied. <br /> <br />Finally, the Attorney General's <br />Paragraph H, Section 130.124 <br />Chari table Gambling Ordinance. <br />repeal of that Paragraph. <br /> <br />opinion seems to place in suspect <br />of the city's newly adopted <br />I suggest the council consider <br /> <br />For your information attached is the relevant portion of the <br />Attorney General's July 29, 1988 opinion quoted above. <br /> <br />I <br />