Agenda - Council - 04/10/2007 - Laserfiche WebLink

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LG215 Lease for Lawful Gambling Activity 5/06 Page2of2 Lease Term - The term of this lease agreement will be conOJrrentwith the premises permit issued by the Gambling Control Board (Board). ManagementofGambling Prohibited - Theowner of the premises or the lessor will not manage the conduct of gambling atthepremlses. 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 lawful gambling on the premises. Dlegal Gambling . The lessor is aware of the prohibition against illegal gambling in Minnesota statutes 609.75, and the penalties for lIlegal gambling violalfons in Minnesota Rules7861.00S0, Subpart 3. In addition, the Board may authorize the organization to withhok:l 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 partidpated in the illegal gambling or knew of the gambling and did nottake prompt action to stop the gambling. Continued tenancy of the organization Is authorized without the payment of rent during the time period determined by the Board forviolations of this proviSion. . To the best of the lessor's knowledge, the lessor affirrnsthat 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 gambiing In Minnesota statutes 609.75, and the penaitiesforillegal gambling violations in Minnesota Rules 7861.0050, Subpart 3. . Notwithstanding Minnesota RuleS 7861.0050, SUbpart3, 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 atthatsite that is prohibited by Minnesota Rules 7861.0050, 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 state or local law enforcement authority or the Board the occurrence atthe site of Illegal gambling activity in which the organization did not partidpate, Other Prohibitions . The lessor will not impose resbictions on the organization with respecl:to prOViders{disbibutors) ofgambling-reIated equipment and seNices or in the use of net profits for lawful purposes. . The lessor, person residing In the same household as the lessor, the lessor's immediate family, and any agents oremployees of the fessorwill notrequirethe Ol1lanization to perform any action that would violate statute or rule. Ifthere is a dispute as to whetf1er a violation of this Provlsion OCDJrred, the lease will remain in effect pending a final determination by the Compliance Review Group (eRG) of the Gambling Control Board. The lessor agrees to arbitration when a violation of this provision is alleged. The arbitratorshallbetheCRG. . The lessor shall not modify or terminate this lease in whole or in partduetothe lessor'sviolatlonofthe provisions listed in this lease. Access to permitted premises - The Board and its agents, the commissioners of revenue and public safety and their agents, and Jaw 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 I awful gambling on the premises. Lessor records - The lessor shall maintain a record of all money received from the organization, and makethe 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 period of 3-1/2 years. Rentall-inc1usive - Amount!; paid as rent by the organization to the lessor are al1-indusive. No other services or expenses provided or contracted by the fessor may be paid by the organization, induding but not limited to trash removal, janitorial and deaning services, snow removal, lawn setVlces, electricity, heat, security, security 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 not be made to an indMdual. Acknowledgment of Lease Terms All obligations and agreements are contained in or attached to this fease and are subject to the approval of the director of the Gambling Control Board. I affinn that the lease infonnatlon Is the total and only agreement between the lessor and the organization. There is no other agreement and no other consideration required betw~n 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 10 days prior to the effective date of the change. If a renegotiated lease is made due to a <::I1ange in ownership, the new lease will be submitted within 10 days after the new lessor has assumed ownership. Ust or attach other ~rms or conditions (must be approved bV director of Gambling Control Board) Ii ~6",.-v9' ~ ,.-- Questions on this fonn should be directed to the Ucensing Section of the Gambling Control Board (Board) at 651-639-4000. This publitatio will be made available in alternative fonnat (i.e. large print, Braille) upon request. If you use a TrY, you can tall the Board by using the Minnesota Relay Service and ask to place a call to 651-639-40OQ. 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 lawfulgambllng activities. !~ S tt/re of!essDf _ ! IV !111/1!f. Pnnt name and title of lessor -54- ij. . -07 Date Signature of organization offi 17<6 ;tf' '" d<V-# Print name and titJe of lessee