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 conament with the premises permit issued by the Gambling Control Board (Board). ManagementofGambllng Prohibited - Theownel' of the premises or the lessor will not manage the oonduct of gambling at the premises. Participation as Players Prohibited - The lessor, the lessor's immediate family, and any agents or gambling employees oftne lessor will not parlidpate as players in the o:mductoflawful gambling on the premises. Illegal Gambling . The lessor is aware of the prohibltlon against Illegal gambling in Minnesota Statutes 609.75, and the penaltiesforillegal gambling violations in Minnesota Ru\es7861.0050, Subpart3. In addition, the Board may authorize the organization to withhold rent for a periOd of up to 90 days if the Board determlnesthat illegal gambling QCOJlTed on the premises and Ihatthe lessor or its employees partidpated In the illegal gambling or knew of the gambling and did not take prompt action to stop the gambling. COntinued tenancy of the organization Is authorized without the payment of rent during the time period detennined by the Board forviolationsofthisproviSion~ . 11) the best oftlle lessor's knowledge, 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 thatvlolatestheprohibitionsagainstillegal.gamblingln Minnesota Statutes 609.75, and the penalties for illegal gambling violations in Minnesota Rules 7861.0050, Subpart3. . NobNithstanding Minnesota Rules 7861.0050, Subpart 3, an organization must continue making rentpayments, pursuant to the terms of the lease, if the organization orits agents are foundto be solely responsible for any illegal gambling conducted at that site 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 at the site of illegal gambling activity in which the organization did not parlidpate. other Prohibitions . The lessor will not impose restrictions OIl the organization with respect to providers (distributors) of gambling-related equipment and services 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 or employees of the lessor will not require the organization to perform any action that would vialatestaMe or rule. If there is a dispute as to whether a violation of this provision oca.nred, the lease will remain in effect pending a final determination by the Compliance Review Group (CRG) of the Gambling 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 modifY or terminate this lease in whole or In part due to the le5S0r'sviolation of the provisionsl1sted intllis 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 accessto 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 fertile conduct of lawful gambling on the premises. Lessor records - The lessor shall maintain a record of all 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 rentbythe organization to the lessor are all-indusive. No other services orexpen5e5 provided or contracted by the lessor may be paid by the organization, induding but not limited to trash removal, janitorial and deanlng setvlces, snow removal,lawn services, elecbidty, heat, 5eO.lrity, security monitoring, storage, other utilities or services, and in the case of bar operations, cash shortages. Arri 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 netbe madeto an individual. 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 Board. I affirm that the lease information Is the total and only agreement between the lessor and the organizatlon. There Is no other agreement and no other consideration required belweenthe 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 change In ownership, the new lease will be submitted within 10 days aftN the new lessor has assumed ownership. List or attach other terms or conditions (must be approved by director of Gambling COntrol Board) '-1-5-0 ~ CluJ' r Questions on thisfonn should be directed to the Ucenslng section of the Gambling Control Board (Board) at 651-6 -4000. This publication will be made available in alternative format (i.e. large print, Brame) upon request. If you use a ITi, 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 this form will become public information when received by the Board, and win be used to determine your compliance with Minnesota statutes and rules governing lawful gambling actlvitles. s v/ _CI.<.....t n~/~_ Date Signature of\es$ , t -62- Prinl name and tille of lessee er !4 II: ro ,,< 'T~."'-A-' p- ' Signature of organization official ~essee) .-r; D .