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

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LG215 Lease for Lawful Gambling Activity 5/06 PageZof2 Lease Term _ Theterm of this lease agreement will be CDnOJrrentwith the premises permit issued by the Gambling COntrol Board (Board). Management of Gambling Prohibited - The owner of the premlsesorthe lessor will not manage the conduct of gambling atthepremises. Participation as Players Prohibited. The lessor, the IessOfs Immediate family, and any agentsorgambling employees of the lessor will not partidpate as players in the conduct of lawful gambling on the premises. Illegal Gambling . The lessor is aware of the prohibition against megal gambling In Minnesota Statutes 609.75, and the penalties foriUegal gambling violations in Minnesota RuleS 7861.0050, Subpart 3. In addition, the Board may authorize the organization to withhokl rent for a period of up to 90 days if the Board determines that illegal gambling OCOJrred 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 stopthe gambflng. Continued tenanCy' of the organization is authorized without the payment of rent duting the time petiocl detem1ined by the Board for violations of this provision. . . To the best of the lessor's knowiedge, 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 prohibitions against illegal gambling in Minnesota 5tahJteS 609.75, and the penalties for illegal gambling violatio~ in Minnesota Rules 7861.0050, Subpart3. . Notwithstanding Minnesota Rules 7861.0050, Subpart3, an organization mustc:ontinue making rel1tpayments, 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 'crt 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 ocamence at the site of illegal gambling activity in which the organization did not partidpate. other prohibitions . The lessorwill not impose restrictions on the organization with respectto providers (distributOrs) of gambling-related equipment and services or in the use of net profits fur lawful purposes. . The lessor, person residing in the same houSehold as the lessor, the Jessor'simmediate family, and aIT'f agents or employees of the lessor will not require the organization to perform any action that would violate statute or rule. If there is a dispute as to whether a violation of this provision occurred, the lease will remain in effect pending a final determination by the Compliance Review Group (CRG) oftheGambling: Control Board. The lessor agrees to arbitration when a violation of this provision is alleged. The arbitrator shall be the CRG. . The lessor shall not modi1\' or terminate this lease in whole or In part due to the lessor's violation of the 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 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 aIT'f time reasonable and when necessary for the conduct oflawful gambling on the premises. Lessor records _ The lessor shall maintain a record of a1\ 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 period of 3-1/2 years. Rent all-inclusive ~ Amounts paid as rent 'crt the organization to the iessor are al1-indusive. No other services or expenses provided or contracted 'crt the lessor may be paid by the organization, Including bllt not limited to trash removal, janitorial and deaning services, snow removal, lawn services, eiectridty, hea~ security, seaJtity monitoting, 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 individual. Acknowledgment of Lease Terms All obfigations and agreements are contained in or attached to this lease and are subject to the approval of the director of the Gambling COntrol Board. 1 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 manges in this lease will be submitted to the Gambling Control Board at least 10 days prior to the effective date of the mange. 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 Soard) :x:. Signature of Jessor )(' 1""" Print name and title c:ial(1essee) , J) tJ.AW-+- Prlnlnameandtitleof\esse Questions on this form should be directed to the ucensing Section of the Gambling Control Board (Board) at 651-639-4000. This publication will be made available in alternative format (i.e. large print, Braille) upon request If you use a m, you can call the Board by using the Minnesota Relay Service and as\< to place a call to 651-639-4000. The information requested on this form will become publiC information when received by the BoClrd, and will be used to determine your compliance with Minnesota statutes and rules governing lawful gambling activities. "'" lessor vec -58- D'" lOA-I'>' 6 1,".'7 ~