HomeMy WebLinkAboutItem 06.nMarch 3, 2011
Proposed Action
RESOLUTION APPROVING LAWFUL GAMBLING
BY THE LAKEVILLE LIONS
AT THE CHART HOUSE
Overview
Item No.
Staff recommends adoption of the following motion: Move to approve resolution
granting approval to Lakeville Lions for charitable gambling at the Chart House.
The Lakeville Lions has applied to the State of Minnesota Gambling Control Board for a
lawful gambling premises permit to sell pull -tabs at the Chart House. The application
requires a resolution of approval by the City Council.
The Lakeville Lions has entered into a Lease for Lawful Gambling Activity with Josh
Ruppert, owner of the Chart House. 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 Lions is a qualified organization and currently conducts lawful gambling at
Carbone's and Goodfellas.
Supporting Information
• Resolution granting approval for charitable gambling
• Premises Permit Application
• Lease for Lawful Gambling Activity
Financial Impact: $ Budgeted: Y/N Source:
Related Documents (CIP, ERP, etc.):
Notes:
RESOLUTION GRANTING APPROVAL FOR CHARITABLE GAMBLING
WHEREAS, the City of Lakeville received an application from the Lakeville Lions
for a Lawful Gambling Premises Permit at the Chart House; 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 Lions to obtain a Lawful Gambling Premises
Permit from the Minnesota Gambling Control Board for lawful gambling activities at the
Chart House, 11287 Klamath Trail.
ATTEST:
DATED this 7th day of March 2011.
Charlene Friedges, City Clerk
CITY OF LAKEVILLE
RESOLUTION NO. 11-
CITY OF LAKEVILLE
BY:
Mark Bellows, Mayor
LA.Z 14 rremises rermit Application Annual Fee $150
FOR BOARD USE ONLY
Check #
Organization Information
$
1. Organization name Lakeville Lion License numbe 01947
2. Chief executive officer (CEO) John Arvidson
( ) Daytime phone
952 985 - 4803
3. Gambling Susan Frandru
9 mana 9 e r Daytime phone
952 469 - 5785
Gambling Premises Information
4. Current name of site where gambling will be conducted Chart House
5. List any previous names for this location
6, Street address where premises is located 11287 Klamath Trail
(Do not use a P.O. box number or mailing address)
7. City 1Township
Lakeville OR
I
County
Dakota
Zip code
55044
8. Does your or a nization own the building where the gambling will be
P1 Yes - No If no, attach LG215 Lease for Lawful Gambling Activity
9. Is any other organization conducting gambling at this site? _Yes Xi No
10. Has your organization previously conducted gambling at this site?
conducted?
fl Don't know
[Yes MNo
Gambling Bank Account Information(must be in Minnesota)
11. Bank name Wells Fargo Bank account numbe
530000392 0000038738
12. Bank street address City State Zip code
8790 207th 5t. W Lakeville MN 55044
All Temporary and Permanent Off site Storage Spaces
(for gambling equipment and records related to this site must be stored in Minnesota)
13. Address (Do not use a P.O. box number) City State Zip code
22805 Pine Trail Lakeville MN 55044
9455 215th St. W. Lakeville MN 55044
Bingo Occasions (including bar bingo)
14. Enter day and beginning /ending hours of bingo occasions (A M. or P.M.). An occasion may not exceed 8 hours.
Day Beginning /Ending Hours Day Beginning /Ending Hours
to
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Minnesota Lawful Gambling
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Local Unit of Government Approval
CITY APPROVAL for a gambling premises located
within city limits
City name Lakeville
COUNTY APPROVAL for a gambling premises located
in a township
County 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. I hereby consent that local law enforcement officers, 5 I am the chief 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 public safety and their agents may enter all activities to be conducted.
the premises to inspect it and enforce the law. 7 I will familiarize myself with the laws of Minnesota governing
2 The Board and its agents, and the commissioners of lawful gambling and rules of the Board and agree, if licensed,
revenue and public safety and their agents are to abide by those laws and rules, including amendments to
authorized to inspect the bank records of the them.
gambling account whenever necessary to fulfill g Any changes in application information will be submitted to the
requirements of current gambling rules and law. Board no later than 10 days after the change has taken effect.
3 I have read this application and all information
submitted to the Board is true, accurate, and g I understand that failure to provide required information or
complete providing false or misleading information may result in the
gwred in -e anon h.,c b n II &closed. denial or revocation of the license.
^ ,✓ ;/ 5' 3 \ k
ture of 'hie f Execu ive Off er (designee may not sign) Date
f
John Arvidson
int name
Required Attachments
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 reported on the G1 Lawful Gambling
Monthly Summary and Tax Return and paid with the
monthly tax report.
1. If the premises is leased, attach a copy of your lease-
Use LG215 Lease for Lawful Gambling Activity.
2. $150 annual premises permit fee, for each permit.
Make check payable to "State of Minnesota."
Mail to: Gambling Control Board
1711 West County Road B, Suite 300 South
Roseville, MN 55113
Questions? Call 651 - 639 -4000 and ask for Licensing.
This form will be made available in alternative format O.
e. large print, Braille) upon request.
Data privacy notice: The information Your organization's name and address work requires access to the information;
requested on this form (and any will be public information when Minnesota's Department of Public Safety;
attachments) will be used by the Gambling received by the Board. All other Attorney General; Commissioners of
Control Board (Board) to determine your information provided will be private Administration, Minnesota Management &
organization's qualifications to be 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, all 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 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 a 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
process your organization's application.
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LG214 Premises Permit Application
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Check applicable item:
X1. New application. Submit lease with new premises permit application.
2. New owner. Effective date Submit new lease within 10 days after new lessor assumes ownership.
3 . New lease. (Do not submit existing lease with amended changes).
Date that changes will be effective. Submit changes at least 10 days before the effective date of the change.
Organization name Address License number
Lakeville Lions 22805 Pine Trail, Lakeville, MN 55044 01947
Daytime phone
952 -469 -5785
Name of leased premises i Street address
Chart House 11287 Klamath Trail
I City State
Lakeville MN
I Zip
55044
Daytime phone
952- 435 -7156
Vame of legal owner of premises
Josh Ruppert
Business /street address
11287 Klamath Trail
City State
Lakeville MN
Zip Daytime phone
55044 952- 435 -7156
_Name of lessor (if same as legal Business /street address
owner, write in "SAME ")
same
City State
Zip
Daytime phone
Check all activities that will be conducted
N Pull -tabs El Pull -tabs with dispensing device Dipboards .aPaddlewheel ElPaddlewheel with table El Bingo • Bar bingo
Pull -tab, Tipboard, and Paddlewheel Rent (No lease required for raffles.)
Booth operation - sales of gambling equipment by an employee Bar operation - sales of gambling equipment within a leased
(or volunteer) of a licensed organization within a separate enclosure premises by an employee of the lessor from a common area where
that is distinct from areas where food and beverages are sold, food and beverages are also sold.
r poes your o nization OR any other organization conduct gamblinq from a booth operation at this location? 1
El Yes No
L
If you answeredyeS to the question above, rent limits are
based on the following combinations of operation:
it Booth operation
- Booth operation and pull -tab dispensing device
- Booth operation and bar operation
- Booth operation, bar operation, and pull -tab dispensing device
The maximum rent allowed may not exceed $1,750 in total
per month for all organizations at this premises.
COMPLETE ONE OPTION:
Option A: 0 to 10% of the gross profits per month. Percentage
to be paid %
J
If you answered 110 to the question above, rent limits are
based on the following combinations of operation:
- Bar operation
- Bar operation with pull -tab dispensing device
- Pull -tab dispensing device only
COMPLETE ONE OPTION:
Option A: 0 to 20% of the gross profits per
month, Percentage to be paid - 70 %
Option B: When gross profits are $4,000 or less per month, $0
to $400 per month may be paid. Amount to be paid $_
Option B: When gross profits are $1,000 or less per month, $0
to $200 per month may be paid. Amount to be paid $
Option C: $0 to $400 per month on the first $4,000 of gross
profit. Amount to be paid $
Option C: $0 to $200 per month on the first $1,000 of gross
profits. Amount to be paid $ ,
Plus, 0% to 10% of the gross profits may be paid per month on
gross profits over $4,000. Percentage to be paid %
Plus, 0% to 20% of the gross profits may be paid per month on
gros profits over $1,000. Percentage to be paid %
Bingo Rent
Bar Bingo Rent
Option D: 0 to 10% of the gross profits per month from all
lawful gambling activities held during bingo occasions, excluding
bar bingo. Percentage to be paid
Option F: No rent may be paid for bingo
conducted in a bar.
Option E: A rate based on a cost per square foot, not to exceed
110% of a comparable cost per square foot for leased space, as
approved by the director of the Gambling Control Board. No rent may
be paid for bar bingo. Rate to be paid $ per square foot.
New Bingo Activity
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.
The lessor must attached documentation,verified by the organization,
to confirm the comparable rate and all applicable costs to be paid by
the organization to the lessor.
Minnesota Lawful Gambling
LG215 Lease for Lawful Gambling Activity
Print Form
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Lease Term
The term of this lease agreement will be concurrent with the
premises permit issued by 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 Players Prohibited
The lessor will not participate directly or indirectly as a player
in any lawful gambling conducted on the premises. The
lessor's immediate family will not participate directly or
indirectly as a player in a pull -tab, tipboard, or paddlewheel
game conducted 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 7865.0220, Subpart 3.
In addition, the Board may authorize the organization to
withhold rent for a period of up to 90 days if the Board
determines that illegal gambling occurred on the premises or
that the lessor or its employees participated 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 payment of rent during the
time period determined by the Board for violations of this
provision, as authorized by Minnesota Statutes 349.18,
Subdivision 1(a).
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 being used, in a manner
that violates the prohibitions against illegal gambling in
Minnesota Statutes 609.75. Notwithstanding Minnesota Rules
7865.0220, Subpart 3, an organization must continue making
rent payments under the terms of this lease, if the
organization or its agents are found to be solely responsible
for any illegal gambling, conducted at this site, that is
prohibited by Minnesota Rules 7861.0260, Subpart 1, item H
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 must 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 conduct of illegal
gambling activity at this site in which the organization did not
participate.
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 shall 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 access t
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.
Lessor records
The lessor must 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 must be maintained for 3 -1/2 years.
Rent all inclusive
Amounts paid as rent by the organization to the lessor are all- inclusive
No other services or expenses provided or contracted by the lessor
may be paid by the organization, including but not limited to:
- trash removal - janitorial and cleaning services
- electricity, heat - other utilities or services
- storage - security, security monitoring
- snow removal - lawn services
- 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.
Changes in lease
If a change in ownership occurs, the organization will submit an
amended lease to the Board within 10 days after the new lessor has
assumed ownership. If the lease is amended with no change in
ownership, the organization will submit the amended lease to the
Board at least 10 days before the effective date of the change.
Acknowledgment
organization, and
director of the
written notice.
Other terms:
of Lease Terms I affirm that this lease is the total and only agreement between the lessor and the
that all obligations and agreements are contained in or attached to this lease and are subject to the approval of the
Gambling Control Board. The lease may be terminated by either party without cause with a 30 -day
Sign a . 3of ess '7 Date
Si ature organ iz.,'.n offs c :I (lessee) Date
Pr t name and title o lessor
Josh Ruppert, Owner
'ri name and t 'tie of lessee
Susan Frandrup, Gambling Manager
Questions? Contact
This publication
the Licensing Section, Gambling Control Boa
will be made available in alternative format (i.e,
d, at 651 639 - 4000.
large print, Braille) upon request.
- Print Or
LG215 Lease for Lawful Gambling Activity
information when received by the Board, and will be used to determine your compliance with Minnesota statutes
and rules governing lawful gambling activities,
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