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

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LG215 Lease for Lawful Gambling Activity 5/06 Page2of2 Lease Tenn- Theterm of this lease agreement will be OJl1CUrrentwith the premises permit issued by the Gambling Control Board (Board). ManagementofGambling Prohibited - The owner of the premises or the lessor will not manage the ronduct of gambling attheprernises. Participation as Players Prohibited - The lessor, the lessor's, immediate family, and any agents or gambling 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 illegal gambling in Minnesota Statutes 609.75, and the penalties for illegal gambling violations in Minnesota Rules 7861.0050, Subpart3. In addition, the Board may aulhorize the organization to wilflhold rent for a period of up to 9D days lfthe Board determines that illegal gambling occurred on the prellilses and that the 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 determined by the Board forviolations of this provision. . To the best of the 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 belng used, in a manner that violates the prohibitions against illegal gambflng In Minnesota Statutes 609.75, and the penalties for illegal gambllng violations in Minnesota Rules 7861.0050, Subpart3. . Notwithstanding Minnesota Rules 7861.0050, Subpart3, an organization must continue making rent payments, pursuant to the terms of the (ease, if the organization OJ its agents are found to 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 oryanization's agents responsilje fot the illegal gambling adivity 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 ocaJlTence at the site of illegal gambling adivity in whidl the organization did not partidpate. Other Prohibitions . l11e lessor will not Impose restrictions on the organization with respect to providers (distributors) of garnbling-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'simmedlatefamily, af'ld arrf agentsoremployees of the lessor will not require the organization to perform any action that would violate statute or rule. If there lsa dispute as to whether a violation of this provision OCOJrred, the lease will remain in effect pending a final determination by the Compliance Review Group (CRG) of the Gambling Control Board. The lessoragrees 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 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 persarmeJ 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 arrf time reasonable and when necessary for the 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 on.l/2 years. Rent alHndusive - Amounts paid as rent by the organization to the lessor are alt-indusive. No other 5elVlces or expenses provided or cOntracted by the lessor may be paid by the organization, lnduding bllt not limited to trash removal, janitorial and deaning seNices, snow removal, lawn services, electricity, heat;. security, securjtymonitoring, storage, other utilities or services, and in the case. of bar operations, cash shortages. Any other expenditures made by an organIZation thatls 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 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 organization. There is no other agreement and no other consideration requited between 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 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-S-~7 Date p,eSil"" T- 7 Date G-"''''') A S Print name arldtitle of lessee Questions on this form should be directed to the Ucenslng Section of the Gambling Control Board (Board) at 651-639-4000. This publicatio will be made available in alternative format (i.e. large print,. Braille) upon requ.est. If you use a m, you can call the Board by using the Min~ Relay Service and ask to place a call to 651-639-4000. The infqJTI)8j:jon requestEd on this form will become public infonnation when received by the Board, and will be used to determine your compliance with Minnesota statutes and rules governing lawful gambllng activities. -64-