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HomeMy WebLinkAboutItem 06.dDecember 28, 2010 Proposed Action Staff recommends adoption of the following motion: Move to approve resolution granting approval to Lakeville Hockey Association for charitable gambling at Babe's Sportsbar & Grill. Overview The Lakeville Hockey Association has applied to the State of Minnesota Gambling Control Board for a lawful gambling premises permit to conduct pull -tabs, tipboards and bar bingo at Babe's Sportsbar & Grill. The application requires a resolution of approval by the City Council. The Lakeville Hockey Association has entered into a Lease for Lawful Gambling Activity with Tom Tomaro, owner of Babe's Sportsbar & Grill. The Police Department finds no reason to deny the request for charitable gambling. Primary Issues to Consider Does the organization meet the qualifications of Minnesota Statutes 349.16, Subd. 2, along with one of the conditions as outlined in Section 3 -4 -7 of the Lakeville City Code? The Lakeville Hockey Association is a qualified organization and currently conducts lawful gambling at Ole Piper, the Chart House and Harry's Cafe. Supporting Information RESOLUTION APPROVING LAWFUL GAMBLING BY THE LAKEVILLE HOCKEY ASSOCIATION AT BABE'S SPORTSBAR & GRILL • Resolution granting approval for charitable gambling • Premises Permit Application • Lease for Lawful Gambling Activity Charlene Friedges, {k Clerk Item No. Financial Impact: $ Budgeted: Y/N Source: Related Documents (CIP, ERP, etc.): Notes: WHEREAS, the City of Lakeville received an application from the Lakeville Hockey Association for a Lawful Gambling Premises Permit at Babe's Sportsbar & Grill; and WHEREAS, the Lakeville Police Department has reviewed the application and run appropriate checks on the organization and applicant, and found all parties clear of any concerns relating to the issuance of a gambling permit. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Lakeville grants approval to the Lakeville Hockey Association to obtain a Lawful Gambling Premises Permit from the Minnesota Gambling Control Board for lawful gambling activities at Babe's Sportsbar & Grill, 20685 Holyoke Avenue. ATTEST: RESOLUTION GRANTING APPROVAL FOR CHARITABLE GAMBLING DATED this 3rd day of January 2011. Charlene Friedges, City Clerk CITY OF LAKEVILLE RESOLUTION NO. 11 -02 CITY OF LAKEVILLE BY: Mark Bellows, Mayor Minnesota Lawfu! Gambling LG214 Premises Permit Application Annual Fee $150 Organization Information 1 Organization Lakeville Hockey Ass*ciadon Gambling Prenrnses Information 4. Current site Babe's Music Bar 5. Lst any previcus names for this Iocation Babe's Sports Bar & Grill 20685 Holyoke Avenue 6. Street address where premises is located (Do not use a P.O. box number or mailing address) Lakeville OR Dakota 8. Does you oroanyzation own the bJilding where the gambling will be conducted? L]Yex No (( no, attach LG215 Lease for Lawful Gambling Activity 9 |s any other o conducting gambling aa this site? ri No Fl Don't know 0 Has your organization previously conducted gambling at this site? Inyes Gambling Bank Account Information(must be in Minnesota 11Bu n k namo N/eUsFarguDaokN^A. 12. Bank street address 8790 207th Street West Bingo Occasions (including bar bingo) Wednesday 7:00PM 11:00 PM to to License numbe 02053 No Daok account number MN Reset Form 1/10 Page 1 of 2 FOR BOARD USE ONLY Check # 612-251-0629 Dave Rucki 2. Chief executive officer (CEO) Dayfime phone Mark Olsen 3. Gambling manager Daytime phone 952'484'3787 Zip code 55044 City State Zip code Lakeville MN 55044 All Temporary and Permanent Off-site Storage Spacos eoutpment and records reted to this site - must be stored n Minnesota) lI Address (Do not use aPO. box number) City State Zip code Lake Marion Storage 22595 Pilssbury Ave. Lakeville MN 55044 14. Enter day and beginning/ending hours of bingo occasions (A M. or P M.). An occasion may not exceed 8 hours. Day 8o8inmng/Erd|n0Mnoro Day 8og/nomg/Ending �:��` Print Forrrt Local Unit of Government Approval CITY APPROVAL for a gambling premises located within city limits City name COUNTY APPROVAL for a gambling premises located in a township C ounty name Date approved by city council Date approved by county / / Resolution number Resolution number Signature of city personnel Signature of county personnel Title Date / / Title Date / / Acknowledgment and Oath 1 l hereby consent that local law enforcement officers, 5 I am the chef executive officer of the organization. the Board or its agents, and the commissioners of 6 I assume full responsibility for the fair and lawful operation of revenue or pubic safety and their agents may enter all activities to be conducted. the premises ic inspect, it and enforce the law. 7 I will familiarize myself with the laws of Minnesota governing 2 The Board arts es tagerits„anO the commissioners of lawful gambling and rules of the Board and agree, if licensed, revenue dfl(li cd_dde safety and their agents are to abide by those laws and rules, including amendments to authorized to ffertect tile bank records of the them. gambling accoi int whenever necessary to fulfill 8 Any changes in application information will be submitted to the requirements nu current gambling rules and law Board no later than 10 days after the change has taken effect. 3. I have read tits; application and all information submitted to the Ecard is true, accurate, and 9 I understand that failure to provide required information or complete - providing false or misleading information may result in the 4 2 1. • 'ed. mation has een fully disclosed denial or revocation of the license i3Z-5,5E ,i ttts L Signature of Greet 5 secutive Officer ;designee may not sign) Date Print name tobS-841) Required Attachments 1 If the premises is teased. attach a copy of your lease ! i Use L.0215 Lease tor Lawful Gambling Activity. 2. $150 annund pCeMdiES permit tee for each permit. Make check. rypp.Thie 10 'Slate of Minnesota" Mail to: Ciambnce,,, Crierol nhaid 1711 1I5 w County Road B, Suite 300 South Roseville MN 55113 Questions? CA165131.139-400( and ask for L icensi N. Monthly Regulatory Fee If you receive a premises permit for this site there is a monthly regulatory fee of 0.1 (.001) of gross receipts from lawful gambling conducted at the site. The fee is repented on the G1 Lawful Gambling Monthly Summary and Tax Return and paid with the monthly tax report. This form will be made available in alternative format O. e large print, Braille) upon request Data privacy notice• 1 he information Your organizailon's name and address work requires access to the information, requested en this form (and any will be public information when Minnesnta's Department of Public Safety, attachments) will be used by the Gambling received by the Board. All other Attorney General; Commissioners of Control Board (Boom) B. determine your information provided will be private Administration, Minnesota Management & organization's qualifications to he involved data until the Board issues the permit. Budget, and Revenue; Legislative Auditor: in lawful gambling activities in Minnesota. When the Board issues the permit, at national and international gambling Your organization has the right to refuse to information provided will become public, regulatory agencies, anyone pursuant to supply the information requested; If the Board does not issue a permit. all court order; other individuals and agencies however, if your organization refuses to information provided remains private, specifically authorized by state or federal supply this information, the Board may not with the exception of Your i --- law to have access to the information. be able to determine your organization's organization's name and address that individuals and agencies for which law or qualifications and, as 0 consequence, may will remain public. Private data about legal order authorizes a new use or sharing refuse to issue a permit. If your your organization are available to of information after this notice was given; organization supplies the information Board members; Board staff whose and anyone with your written consent. requested, the Board will be able to tions process your organza application. Reset Form— i : Print Form LG214 Premises Permit Application 1/10 Page 2 of 2 heck applicable item' ✓ 1. New applicatEcn. Submit lease 2. New owner. Effective date 3. New lease. (Do not submit Date that with new premises permit application. Subrnit new lease within 10 days after new lessor assumes ownership. changes). changes at least 10 days before the effective date of the change. existing lease with amended changes will be effective. Submit Organization name Address License number Lakeville Hockey Association 8500 210th Street West, Lakeville, MN 55044 0205.9 Daytime phone 952 484 - 3787 Name of leased premises Babe's Music Bar Street address l- City i State 20685 Holyoke Avenue Lakeville MN Zip 55044 Daytime phone 952 469 - 5200 a me of legal owner of premises Business /street address City St r ToMui�; �2C ;9— -1.101 ` at-ed . Zip #;5c%9 Daytime phone q52 - `164 - 5 -2 4: Name of lessor (i same as legal own nte in raSAltlis 0 f ` f ° t r- Business /street address City State Zip Daytime phone Check all activities that will be conducted r b ✓Put -taps i Pint tabs with dispensing device TITipboards r Paddlewheel l Paddlewheel with table ( Bingo V Bar bingo Pull-tab, Tipboard, and Paddlewheel Rent (No tease required for raffles.) Booth opera ,,, - or gambling (or vorurte r u a (rcrorrzation that is distils i Nr, .4 u e rod r Does your or or,nization ✓... Yes No If you aanswc d e the question based on the followirig combinations Booth operation Booth < { t tau r ant :mil tat) Booth 60.031001 . is iti bar operation - Booth r i et atlei iini Ieration, The maximum ri.'3i allowed per month h fc 0 nizations COMPLETE ONE OPTION. Option A. ii to 'r " %o L i the gross to be paid 10- % Option B: Wh ei r!i rrs ro9 is are to $400 per or. th : ,y paid Arno Option C; so ' t,. r or,tb profit. AnUlt: let to t c° I 0 Pius, 0% to I 0° ot toe gross profits gross profits over $ Percentage Bingo Option En 0 to 10% of the gross lawful gambling ac n ities held during bar bingo, Percentage to be paid Option E A rate rased on a asst 110% of a comparable cost per approved by the director of the be paid for bar binge. Rate to The lessor must attached documentation,verified to confirm the comparable rate the organization to the lessor. equipment by an employee within a sop r t< , ..,sir and beverages are soil. OR any other organization conduct Bar ((remises flood g you based - Bar - Bar - Pulbf COMPLETE Option month OCptioo e:: 3200 Oyttien profits. Pius, cross operation - sates ab garnt r an employer( of the !e and eeerapes rre 5'50 said pib Eng Pram a booth operation r 7 equipment within a leased sor from a common area where at this location? 7 __s._____J above, rent limits are of operation: device profits per % li.,000 or less per month, $0 Amount to be paid $ . Ci. . the first $1,000 of gross _ may be paid per month on to be paid ............. % Rent above, rent limits are of operation: dispensing device and pull - tabdispensing device may not exceed $1,750 in total at this premises. profits per month. Percenta .4 ,000 ur les re-r month, $0 r he paid y ___ oil t u n ; $4 000 , i .trees _ may be p per month on to he .0 ic' °f, Rent profits per month from all bingo occasions, excluding % per square foot, not to exceed square foot for leased space, as Gambling Control Board. No rent be paid $ per square foot. _._ .__ _sr . ___. are Nel to the question on the following combinations operation operation with pull tab dispensing b dispensing device only ONE OPTION: A: 0 to 20 % of the gross F rrentage to be paid __ B Ul' = n gloss profits are „ se ho mp he paid. €. $0 ere 1200 per mont A7 Int -o be parr $ 0°!o to 204le of r e gross profits p it ` rs giver $1 00 P icent:ge P ar Bi ntgo may by ✓ Option F: No rent may be paid in a bar. -- Activity for bingo conducted -- - New Bingo -- .. - - -- For any new bingo activity not previously included in a Premises Permit Application, attach a separate sheet of paper listing the days and hours that bingo will be conducted. by the organization, and all applicable costs to be paid Minnesota Lawful Gambling LG215 Lease for Lawful Gambling Activity Print Form 12/10 Page 1 of 2 LG215 Aeknowle organization ate dihr director of rive Geisha written notice, Other terms, Lease Terra The term of this lease eement will be concurrent with the premises permit issued IT the Gambling Control Board (Board). Management of Gambling Prohibited The owner of the premises or the lessor will not manage the conduct of gambling at the premises. Participation as Payers Prohibited The lessor will not participate directly or indirectly as a player in any lawful gambling conducted on the premises. The lessor's immediate fatally will not participate directly or indirectly as a player in a pull -tab, Onboard, or paddlewheel game conducted on the premises. Illegal Gam The lessor is aware of the „rohibitior against illegal gambling in Minnesota Statutes t 7.75, and the penalties for illegal gambling violations M :nnes Rules 7365,0220, Subpart 3. fn addition the B°oaoi intrz uthorize the organization to withhold rem' rot , f gr do f the Board determines ( ] : III o occ t don the premises that the lessor or i1s eititiodees part, n g Pate() midi= illegal gambling 5,r Matt. dr ;; gat Maid ig gng did riot dire prompt action to stop, the errimaing Continued ton, icy c': the Organization author z without payment of rent during the i dr time period e er ; _ the Boars fu wolations of MG provision, z a:Al , , Minnesota Statutes 349.18, Subeivisior To the best * row e � . r ors t any and ail r a" n 7 in) '�Ce: r t a being rC . that violates het prit sits Minnesota Statutes ataiti 7865.02C Stibpari rent paymentrii annoy the .., lease, if tine Organization or are `ruidea be solely re sponsibl for any illegal r 1, maiducted at this site, Mat is prohibited by 0'] Firatesota Rules 7861 0266 S .boat 1, Item or Minnesota Staittec 60 9 , t 0 ess the organisation's agents cesimnsinio Lie G e r t z ) gen t i l i n g activity are sews agents or ernmoduct r «=( „oL Nom gani_ r, no 101 r ul Gambling Activity the lessor en to used, e S- i raraiz tit Rules The lessor must 'dr> e er imitate Hie lea. r N( or' In part Iseca -e the or ; i °mien eta r -d, to a state or local law enforcement t -,,, i a ty or the BOrrivr, he conduct of ilieg ga m' :filing activity at nti site in vh1c; Me organization did not participate. at this lease is the total gee only agreement between the lessor and the agreement are contained in Or attached to this lease and are subject to the approval of the a€ Board. The lease may he terminated by either party without cause with a 30-day Dare Other Prohibitions The lessor Will not impose restrictions on 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, any 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 violate statute or rule, The lessor must not modify or terminate this lease in whole or in part due to the lessor's violation of this provision. If there is a dispute as to whether a violation occurred, 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 shah be the CRG. Access to permitted premises The Board and its agents, the commissioners of revenue and public safety and their agents, and law enforcement personnel have acces 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 for the conduct of lawful gambling on the premises. r records r r I sot a ist nr 0ral m a record of all money received from the croanimPon, .aila rake the recor 0v (17011e to the Board and Its yens and the commissioned: : of revenue and public safety and their agenda `s upon demand The u„ rd must be maintained for 3-1/2 years. Rent all »inn €ass ve Amounts paid as rent by the ., v arint on to the lessor are all- inclusive No other services or expenses .s provided or contracted by the lessor m ,✓ be paid by Be organization, inducting but not limited to: trash ;remove ranitoriai and leaning services r Ir nIn /t/ heat other utilities or services cage security, security monitoring sr uw remeva' lawn services in the 0350 of bar operations, cash shortages fiuy r,i to e, i,e r , ibises made by an organization that is related to a e approved tei the director of the Gambling test- may not be made to an individual. Chan h amen( ass urn Ova lei 31'd Signature of nag 0 00 official (lessee) e and title of lessor Print name and gibe or I' ^see Mark Olsen - Gambling Manager Questions? Contact the Licensing Section, Gambling Control Board, at 651 -639 -4000. This publication will be „jade available in aiternative format (i.e. large print, Braille) upon request. Data privacy inotieei The information requested on this form and any attachments will become public information when received by the Board, and will be used to determine your compliance with Minnesota statutes and rules governing lawful gambling actMties. 12/10 Page 2 of 2 n lease t in ownership occurs, the crg cita tion will submit an lea e to the Board within 1.0 days after the new lessor has if the lease 15 amended with no change in N e ,citation will submit the amended lease to the lays before the effe tiivo date of the change. Print Form Reset Form