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 wlll be other Prohibitions conOJrrent with the premises permit issUed by the Gambling . The lessor will not Impose restrictions on \:he organization with controJ Board (Board). respectto providers (disbibutors) of gambling-reJated equipment and setvices or in the use of net proftts for lawful purposes. Management of Gambling Prohibited - The owner of the . The lessor, person residing in the same household as the lessor, premises or the lessor will not manage the conduct of gambling the lessor's immediate family, and any agents or employees of the at the premises. lessor will not require the organization to perform any aclion that Participation as Players Prohibited - The lessor, the Jessor's would violate statute or rule. Ifthere is a dispute as to whether a violation of this provision OCOJlTed, the leasewi\l remain in immediate family, and any agents or gambling employees of the effect pending a final determination by the Compliance Review lessor will not partidpate as players in the conduct of lawful Group (CRG) of the Gambling Control Board. The lessor agrees gambling on the premises. to arbitration when a violation of this provision is alleged. The arbitrator shan be the CRG. Illegal Gambling . The lessor shall not modify or terminate this lease in whole or in . The lessor is aware of the prohibition against megal gambling In Minnesota Statutes 609.75, and the penaitiesfor illegal part due to the lessor'sviolation of the provisions listed in this gambling violations in Minnesota Rules 7861.0050, Subpart3. lease. In add1tion, the Board may authorize the organization towilhhold Access to permitted premiSes - The Board and its agents, the rent for a period of up to 90 days if the Board determines that commissioners of revenue and public safety and their agents, and illegal gambling OCOJrred on the premises and thatthe lessor or law enforcement personnel have aa:essto the permitted premises its employees partidpated in the illegal gambling or knew of the at any reasonable time during the business hours of the lessor. The gambling and did nottake prompt action tostopthe gambling. organization has access to the permitted premises during any time Continued tenanc..y of the organization Is authorized without the reasonable and when necessary for the conduct of lawful gambling payment of rent during the time period determined by the Board on the premises. for violations of this provision. Lessor records _ The lessor shall maintain a record of all money . To the best of the lessor's knowledge, the lessor affirmsthat any and all games or devices located on the premises are not receiVed from the organization, and make the record available to being used, and are not capable of being used, in a manner the Board and its agents, and the commissioners of revenue and that violates the prohibitions against illegal gambling In publiC safety and their agents upon demand. The record shall be Minnesota Statutes 609.75, and the penalties for lIlegal maintained for a period of 3~ 1/2 years. gambling violations in Minnesotl Rules 7861.0050, Subpart3. Rent alHnclusive ~ Amounts paid as rent by the organiZation to . Notwithstanding Minnesota Rules 7851.0050, subpart 3, an the lessor are all-inclusive. No other services or expenses provided organization must continue making rent payments, pursuant or contracted by the lessOr may be paid by the organization, to the terms of the lease, if the organization or its agents are induding but not limited to trash removal, janitorial and deaning found to be solely reSponsible for any illegal gambling conducted services, snow removal, lawn services, electridt.y, heat, seOJrit.y, at that site that is prohibited by Minnesota Rules 7851.0050, seaIlity monitoring, storage, other utilities or services, and in the subpart 1, or Minnesota statutes 609.75, unless the case of bar operations, cash shortages. Arr'/ other expenditures organization's agents responsible for the illegal gamb1\ng made by an organization that is related to a leased premises must activity are also agents or employees of the lessor. be approved by the director of the Gambling Control Board. Rent . The lessor shall not modIfy orterminatethe lease in whole or payments may not be made to an indMdual. in part because the organization reported to a state or local law enforcement authority or the Board the occurrence at the site of illegal gambling activity in which the organization did not partldpate. Acknowledgment of lease Terms All obligations and agreements are contained In or attached to this lease and are subject to the approval of the director of the Gambling Control &lard. I aflinn that the lease infonnation is the total and only agreement between the lessor and the organization. There is no other agreement and no other consideration required !)etween tne parties as to the lawful gambling and other matters related to the lease. MY 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 change in ownership, the new lease.will be submitted within 10 days after the new lessor has assumed ownership. List or attach other terms or conditions (must be approved by director of Gambling COntrol Board) - , (/j jl, /I~q ..------r/ :1:;'4 / ,y:Y'o'7 rgnatureoflessor _ )jie5wc,i:- D,1e Signature of organization 0 ~(Iessee) Dale Jolvc. f!.. '-f-<!-o'? ~oMH /! k'~'-.IWI)- Print name and title oflessor Prinl name and title of lessee v' Questions on this fonn should be directed to the Ucensing Section of the Gambling COntrol Board (Board) at 551-639-4000. This publication will be made available in alternative format (I.e. large print, Braille) upon request. If you use a TIY, you can call the Board by using the Minnesota Relay Service and ask to place a call to 651-639-4000. The Information requested on thisforrn will berome public infonnation when received by the Board, and will be used to determine your compliance with Minnesota statutes and rules governing lawful gambling activIties. -56-