HomeMy WebLinkAbout0834 ORDINANCE N0.834
CITY OF LAKEVILLE
DAKOTA, COUNTY, MINNESOTA
AN ORDINANCE :AMENDING TITLE 3, CHAPTER 4
OF THE LAKEVILLE CITY CODE
CONCERNING LAWFUL GAMBLING
THE CITY COUNCIL OF THE CITY OF LAKEVILLE, MINNESOTA ORDAINS:
SECTION L Title 3, Chapter 4 of the Lakeville City Code is amended in its entirety to
.read:
CHAPTER 4
GAMBLING
3-4-1: PURPOSE:
The purpose of this Ordinance is to regulate and control .the conduct: of gambling, to insure.
integrity of operations, and to provide for' the use of net profits only for lawful purposes.
3-4 2: PROVISIONS OF STATE LAW ADOPTED:
The provisions of Minnesota Statutes Chapters 349 and 609,. as they maybe .amended from time
to time, with reference to the definition of terms, conditions of operation, provisions relating to
sales, and all other matters pertaining. to lawful gambling are hereby adopted and made a part of
this Ordinance as if set out in full.
3-4-3: LAWFUL GAMBLING:
There shall be no gambling in the City except as authorized pursuant to the provisions of
Minnesota Statutes, Chapter 349, and .the rules adopted pursuant to the authority contained in the
statutes. Gambling shall be operated in accordance with the terms and conditions specified in
,this division, other .applicable Lakeville City Ordinances and state and federal laws and
regulations.
3-4-4: CITY APPROVAL REQUIRED:
No person may conduct a gambling event within the City. of Lakeville, without first.
securing a gambling license and a premises permit from the Board, with a resolution from
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the City Council approving the premises permit. The Owner of thepremises for which a
premises permit is issued must comply with -the requirements of Minnesota Statutes
§349:18 in renting or using the premises for lawful gambling.
3-4-5: APPLICATION/REPORTINGREGULATIONS/INVESTIGATION:
A. Each organization that seeks to conduct lawful gambling in the City of Lakeville. shall
complete the City's application form, submit copies of all state or City gambling
application forms, all records and reports required to be filed within the State Gambling.
Control Board pursuant to Minnesota Statues, Chapter 349, and the rules and regulations
promulgated thereunder, and submit any additional information required by the City.
B. Any organization leasing premises for the conduct of lawful gambling shall, upon request
from the City, file with the City a copy of the lease within one (1) week after execution of
the lease. The lease shall not provide for rental payments based on a percentage of
receipts or profits from lawful gambling.
C. Upon receipt of an application for a premises permit or renewal thereof, the Police Chief
shall review the application, conduct a background investigation, and make a
recommendation to the City Council. As part of the investigation, the Police Chief shall
..obtain from the, applicant or the board the data and. background information submitted by
the applicant as part of the state licensing and premises permit application.
D. Every gambling event in the City of Lakeville conducted by an organization under state
license shall be open to inspection by the City and the County Sheriff's Department.
E. The City may inspect, at any reasonable time without notice or search warrant, all records
of a licensed organization required to be maintained by the State Gambling Control
Board.
3-4-6: NOTICE, APPROVAL OR DISAPPROVAL OF PERMITS:.
A. Notice. The Board or applicant shall notify the City Council of a pending application or
renewal for a premises permit. The applicant shall cooperate fully with the City in
supplying all information provided for in this ordinance. The City Council shall
determine whether the organization meets all the criteria provided for in this Ordinance
necessary to approve a premises permit.
B. Approval or Disapproval. Each pending application for a premises permit shall be
approved or disapproved by resolution of the City Council within 90 days of receipt of a
complete application.
3-4-7: AUTHORIZED ORGANIZATIONS:
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An organization shall not be eligible to conduct lawful gambling in the City of Lakeville unless.it
meets the qualifications in Minnesota §349.16 Subd. 2, and also meets at least one of the
following conditions:
A. Except as provided in subsection B of this Section, gambling. occasions maybe
conducted only by a "qualified organization" which is defined to mean:
1. A fraternal, religious or veterans affiliate of a national organization with a Lakeville
Chapter that has operated in the City for the most recent three (3) years and which
conducts regular meetings or activities in the City at least six (6) times a year; or
2. A fraternal, religious or veterans organization at least forty percent (40%) of whose
active members are residents of Lakeville, that has operated in the City for the most
recent three (3) years,. and which conducts regular meetings or activities in the City at
least. six (6) time a year; or
3. An organization that for the most recent three (3) years has had a bona fide office:
open in the City at least ten (10) hours a week; or
4. A youth. focused organization, if at least ten percent (10%) of the youth`are Lakeville
residents.
B. An organization which is not a qualified organization may conduct up to two (2) raffles
each calendar year.
3-4-8: QUALIFICATIONS:
The City Council shall not adopt a resolution approving a premises permit from any applicant:
A. Which has an officer, director, or other person in a supervisory or management position,.
who:
(i) has ever been convicted of a felony within the last five years; or
(ii) .has ever been convicted of a crime involving gambling; or
(iii) has ever been convicted of (i) assault, (ii) a criminal violation involving the use of
a firearm, or (iii) making terroristic threats.
B. Which owes delinquent local, state or .federal taxes, or is delinquent on any other City
bill.
3-4-9: LOCATION CRITERIA FOR PREMISES PERMITS:
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All organizations applying for a premises permit-must meet criteria set forth herein relating to
location of lawful. gambling activities.
A. An organization may conduct lawful gambling only on premises it owns or leases, except
as authorized by Minnesota Statutes §349.18.
B. Gambling in the City of.Lakeville maybe conducted only in the licensed organization's
hall where it has its regular meetings or in a licensed on-sale liquor, wine and beer
establishment.
C. No location shall be approved unless it complies with the applicable zoning, building, fire
and health codes of the. City of Lakeville and other regulations contained in this
Ordinance.
3-4-10: PENALTIES:
A. Violation. Violation of any provision of this Ordinance shall be a misdemeanor. Nothing
in this Ordinance shall preclude the City from enforcing this Ordinance by means of any
appropriate legal action. Additionally, a violation of this Chapter shall be reported to the
Board and a recommendation shall be made for suspension, revocation or cancellation of
an organization's license.
B. Suspension and Revocation. Any permit maybe suspended or revoked for any violation.
of this Ordinance. A permit shall not be suspended or revoked until the procedural
requirements of subsection (C) have been complied with, provided, that, in eases where
probable cause exists. as to an ordinance violation, the City may temporarily suspend
upon service of notice of the hearing provided for in subsection (C). Such temporary
suspension shall not extend for more than two (2) weeks.
C. Procedure. A permit shall not be revoked until notice and an opportunity for a hearing
have first been given to the permittee. The notice shall be personally served and shall
state the ordinance provision reasonably believed to be violated. The notice shall also
state that the permittee may demand a hearing on the :matter, in which case the permit
will not be suspended until after the hearing is held. If the permittee requests a hearing,
one shall. be held on the .matter by the Council at least one. week after the date on which
the request is made. If, as a result of the hearing, the Council finds that an ordinance
violation exists, then the Council may suspend or terminate the permit.
3-4-11: ENFORCEMENT RESPONSIBILITY:
Nothing in this ordinance shall be construed to require the City to undertake any responsibility
.for enforcing compliance with Minnesota Statutes Chapter 349 other than those provisions
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related to the issuance of premises permits as required in Minnesota Statute §349.213 as maybe
amended from time to time.
SECTION 2. Effective Date. This ordinance shall be effective upon passage and
publication in accordance with law.
ADAPTED this 19th day of February; 2008, by the City Council of the City of Lakeville,
Minnesota.
CITY OF LAKEVILLE
BY:
lly Dahl a or
TTES
harlene Friedges, City rk
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PUBLIC NOTICE
ORDINANCE NO. 834
CITY OF LAKEVILLE
DAKOTA, COUNTY, MINNESOTA
AN ORDINANCE AMENDING TITLE 3, CHAPTER 4
OF THE LAKEVILLE CITY CODE
CONCERNING LAWFUL GAMBLING
THE CITY COUNCIL OF THE CITY OF LAKEVILLE, MINNESOTA ORDAINS:
SECTION 1. Title 3, Chapter 4 of the Lakeville City Code is amended in its entirety to
read:
CHAPTER 4
GAMBLING
3-4-1: PURPOSE:
The purpose of this Ordinance is to regulate and control the conduct of gambling, to
insure integrity of operations, and to provide for the use of net profits only for lawful
purposes.
3-4-2: PROVISIONS OF STATE LAW ADOPTED:
The provisions of Minnesota Statutes Chapters 349 and 609, as they may be amended
from time to time, with reference to the definition of terms, conditions of operation, pro-
visions relating to sales, and all other matters pertaining to lawful gambling are hereby
adopted and made a part of this Ordinance as if set out in full.
3-4-3: LAWFUL GAMBLING:
There shall be no gambling in the City except as authorized pursuant to the provisions
of Minnesota Statutes, Chapter 349, and the rules adopted pursuant to the authority con-
tained in the statutes. Gambling shall be operated in accordance with the terms and
conditions specified in this division, other applicable Lakeville City Ordinances and state
and federal laws and regulations.
3-4-4: CITY APPROVAL REQUIRED:
No person may conduct a gambling event within the City of Lakeville, without first
securing a gambling license and a premises permit from the Board, with a resolution
from the City Council approving the premises permit. The Owner of the premises for
which a premises permit is issued must comply with the requirements of Minnesota
Statutes §349.18 in renting or using the premises for lawful gambling.
3-4-5: APPLICATION/REPORTING REGULATIONS/INVESTIGATION:
A. Each organization that seeks to conduct lawful gambling in the City of Lakeville
shall complete the City's application form, submit copies of all state or City gambling
application forms, all records and reports required to be filed within the State Gam-
bling Control Board pursuant to Minnesota Statues, Chapter 349, and the rules and
regulations promulgated thereunder, and submit any additional information required
by the City.
B. Any organization leasing premises for the conduct of lawful gambling shall, upon
request from the City, file with the City a copy of the lease within one (1) week after
execution of the lease. The lease shall not provide for rental payments based on a per-
centage of receipts or profits from lawful gambling.
C. Upon receipt of an application for a premises permit or renewal thereof, the Police
Chief shall review the application, conduct a background investigation, and make a
recommendation to the City Council. As part of the investigation, the Police Chief
shall obtain from the applicant or the board the data and background information
submitted by the applicant as part of the state licensing and premises permit application.
D. Every gambling event in the City of Lakeville conducted by an organization under
state license shall be open to inspection by the City and the County Sheriffs Department..
E. The City may inspect, at any reasonable time without notice or search warrant, all
records of a licensed organization required to be maintained by the State Gambling
Control Board.
3-4-6: NOTICE. APPROVAL OR DISAPPROVAL OP PRRIH1TSe
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NNESOTA) SS
:ota
)N, being duly sworn, on oath says that he is an authorized
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s Full knowledge of the facts which are stated below:
tr has complied with all of the requirements constituting
al newspaper, as provided by Minnesota Statute 331A.02,
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C.,..11A, ELISABETH MOONEY
NOTARY PUBLIC • MINNESOTA
My Commission Expires Jan. 31, 2010
4 .isaxx,
Notary Public