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CR 05-131 Jaycees gambling September 15, 2005 Council Report 2005-131 Approve Lawful Gambling Premises permits for the Hopkins Area Jaycees Staff recommends approval of the following motion: Move that the Hopkins City Council adopt Resolutions 2005-88, 89, and 90, approvinQ the charitable QamblinQ premises permits for the Hopkins Jaycees. Adoption of these resolutions will allow the Hopkins Area Jaycees continue to run the existing charitable gambling activities at the existing locations in the City of Hopkins. Overview The Jaycees have requested a renewal of their gambling license and premises permits at the following locations: . Mainstreet Bar and Grill, 814 Mainstreet . Lindees, 919 Cambridge Street . Hopkins Tavern on Main, 81 7-81 9 Mainstreet Primary Issues to Consider . Does this organization meet the criteria of the City's gambling policy? Yes . Has the organization conducted its past gambling operations in accordance with state and local laws? Yes Supporting Documents . Resolutions 2005- 88, 89, and 90 . Legislative Policy 4-A, Lawful Gambling . Statement of Revenues, Expenses and Changes in Profit Carry-over for the years ended December 31, 2004 and 2003 . Complete Financial Statement and Independent Auditor's Report, Years ending December 31, 2004 and 2003 is available in the City Clerk's office . List of donations made by the Jaycees . Gambling License Application available in the City Clerk's office . Copies of Premises Lease Agreement available in City Clerk's office Terry Obermaier, City Clerk Council Report 2005-131 Page 2 Alternatives 1. Approve Resolutions 2003-79, 2003-S0 and 2003-S1 allowing the Jaycees to continue the present gambling activities at the present locations. 2. Do not approve the resolutions with the result that the Jaycees will no longer have gambling in the City of Hopkins. 3. Approve some of the resolutions with the result that only those approved locations will be able to continue gambling operations. Staff recommends alternative one. CITY OF HOPKINS HENNEPIN COUNTY, MINNESOTA RESOLUTION 2005-89 RESOLUTION APPROVING A GAMBLING LICENSE FOR THE HOPKINS AREA JAYCEES WHEREAS, the Hopkins Area Jaycees have been an integral part of the Hopkins Community, and WHEREAS, the Hopkins Area Jaycees have applied for a gambling license to conduct lawful gambling in 2006 and 2007, and WHEREAS, the Hopkins Area Jaycees have conducted gambling activities in accordance with state law and Hopkins City Policy, NOW, THEREFORE, be it hereby resolved that the City Council of the City of Hopkins, Minnesota, approves the Hopkins Area Jaycees Premises Permit Renewal application for Mainstreet Bar & Grill, 814 Mainstreet, Hopkins. Adopted by the City Council of the City of Hopkins, Minnesota, this 20th day of September, 2005. Eugene J. Maxwell, Mayor ATTEST: Terry Obermaier, City Clerk CITY OF HOPKINS HENNEPIN COUNTY , MINNESOTA RESOLUTION 2005-88 RESOLUTION APPROVING A GAIII!BLlNG LICENSE FOR THE HOPKINS AREA JAYCEES WHEREAS, the Hopkins Area Jaycees have been an integral part of the Hopkins Community, and WHEREAS, the Hopkins Area Jaycees have applied for a gambling license to conduct lawful gambling in 2006 and 2007, and WHEREAS, the Hopkins Area Jaycees have conducted gambling activities in accordance with state law and Hopkins City Policy, NOW, THEREFORE, be it hereby resolved that the City Council of the City of Hopkins, Minnesota, approves the Hopkins Area Jaycees Premises Permit Renewal application for Hopkins Tavern on Main, 819 Mainstreet, Hopkins. Adopted by the City Council of the City of Hopkins, Minnesota, this 20th day of September, 2005. Eugene J. Maxwell, Mayor ATTEST: Terry Obermaier, City Clerk CITY OF HOPKINS HENNEPIN COUNTY , MINNESOTA RESOLUTION 2005-90 RESOLUTION APPROVING A GAMBLING LICENSE FOR THE HOPKINS AREA JAYCEES WHEREAS, the Hopkins Area Jaycees have been an integral part of the Hopkins Community, and WHEREAS, the Hopkins Area Jaycees have applied for a gambling license to conduct lawful gambling in 2005 and 2006, and WHEREAS, the Hopkins Area Jaycees have conducted gambling activities in accordance with state law and Hopkins City Policy, NOW, THEREFORE, be it hereby resolved that the City Council of the City of Hopkins, Minnesota, approves the Hopkins Area Jaycees Premises Permit Renewal application for Lindees, 919 Cambridge Street, Hopkins. Adopted by the City Council of the City of Hopkins, Minnesota, this 20th day of September, 2005. Eugene J. Maxwell, Mayor ATTEST: Terry Obermaier, City Clerk POLICY 4-A LAWFUL GAMBLING 1. PURPOSE 1.01 The purpose of this policy is to establish rules and procedures for lawful gambling in the City of Hopkins. 2. REGULATIONS 2.01 Except as otherwise enumerated herein, the provisions of Minnesota Statute Chapter 349 relating to the definition of terms, licensing and restrictions of gambling are adopted and made a part of the statement of policy promulgated by the City of Hopkins as if set out in full 2.02 An applicant for a license shall be a registered Minnesota nonprofit corporation or an organization which is designated as exempt from the payment of income taxes by the Internal Revenue Code and whose principal location or office is within the City of Hopkins. 2.03 The organization defined in Section 2.02 must be engaged in its activities for the benefit of the community within the <;;ity of Hopkins for at least five years on a perpetual, continuous, uninterrupted basis and have at least 30 active voting members. 2.04 Gambling allowed by the city shall be carried on only within premises owned, occupied or leased by the organization except such activities permissible under M.S. 349.166. 2.05 No application for a premises permit will be approved for any organization to conduct gambling on any premises other than the premises of an on-sale liquor licensee or the premises of a fraternal, veterans or other non-profit organization. In order for a fraternal, veterans, or other non-profit organization to conduct gambling on their premises, such premises must have been continuously owned and occupied for a period of at least five years. No application for premises permit shall be approved for any organization for a site established for the primary purpose of conducting gambling. This section shall not apply to any organization which is exempt from the requirement for a gambling license according to M.S. 349.166. 2.06 A Class A license will only be approved for an organization that is licensed pursuant to Minnesota Statute, section 349.16, and that conducts gambling on premises that it owns and operates. 2.07 More than one organization, as defined in Section 2.02, may conduct gambling within a single owned, occupied or leased premise. More than one organization may jointly conduct a lawful gambling game at one location. However, two or more organizations shall not separately conduct the same game at the same time at one location. 2.08 The operation of gambling devices and the conduct of bingo and raffles licensed or approved pursuant to the authority granted to the City of Hopkins shall be carried on under the supervision of a gambling manager designated by the organization. The gambling manager shall be responsible for the operation of the gambling activity and the receipts imd profits generated from the operation. 2.09 The gambling manager shall be an active member of the organization issued the license and shall qualify under state law. 2.10 Organizations seeking approval for a premises permit, that are not currently conducting gambling in the City, must provide the City, in addition to the application forms, a copy of the minutes of a general membership meeting, where a quorum was present, wherein the organization approved a motion authorizing the gambling activities. 2.11 Participants in raffles, paddlewheels, pull tabs and tip boards shall be restricted to individuals who have attained the legal drinking age. This restriction only applies to premises where liquor, wine, beer or 3.2 beer is served. Where intoxicating beverages are not served the age shall be eighteen. 2.12 Organizations wishing to renew a gambling license must provide the City with a financial audit of its lawful gambling activities and funds for the previous two years. The audit(s) must be performed by an independent accountant licensed by the state of Minnesota. 2.13 In addition, such organizations must provide the City with information on all expenditures of lawful gambling funds during the previous two years. Such information must include at a minimum the name of the recipient, the amount of the expenditure or contribution, and a brief description of how the expenditure or contribution meets the definition of "lawful purposes" as defined in M.S. 349.12. The City reserves the right to require additional documentation from licensed organizations, or organizations seeking licenses, as it deems necessary. 2.14 A fee of $100.00 shall be charged to all organizations submitting a Premises Permit Application or Applications for approval by the City. LAWFUL GAMBLING FUND OF HOPKINS JAYCEES, INC. (LICENSE # 02298) (MN ID #7063456) STATEMENT OF ASSETS, LIABILITIES AND PROFIT CARRYOVER REGULATORY BASIS DECEMBER 31, 2004 and 2003 CASH Gambling Bank Accounts Cash - Start Banks Total Cash ASSETS 2004. 2003 $ 4,483 $ 10,689 11,252 15.056 $ 15,735 $ 25,745 INVENTORIES Pull-Tabs Paddle Wheels Prizes Total Inventory $ $ 2,380 $ 2,655 900 1,667 1,520 1,550 4,800 $ 5,872 20,535 $ 31.617 Total Current Asseffi $ LIABILITIES AND FUND BALANCE ACCOUNTS PAYABLE State Combined Receipts and 10% Tax $ 18,862 $ 22,545 Vendors Payable 7,040 7,682 Total Accounts Payable $ 25,902 $ 30.227 UNEARNED REVENUE Games in Play $ 4,252 $ 6,124 Total Current Liabilities $ 30,154 $ 36.351 COMMITMENTS AND CONTINGENCIES Profit Carry-Over $ (9,619) $ (4.734) Total Liabilities and Profit Carry-Over $ 20,535 $ 31,617 See accompanying Notes to Financial Statements. (2) LAWFUL GAMBLING FUND OF HOPKINS JAYCEES, INC. (LICENSE # 02298) (MN ID# 7063456) STATEMENT OF REVENUES, EXPENSES AND CHANGES IN PROFIT CARRY-OVER REGULATORY BASIS FOR THE YEARS ENDED DECEMBER 31, 2004 and 2003 2004 2003 AMOUNT PERCENTAGE AMOUNT PERCENTAGE REVENUES Pull~Tab Receipts $ 4,515,112 79.5% $ 5,345,453 80.1% Raffie Receipts 22,510 0.4% 0 0.0% Paddle Wheel Receipts 1,142,440 20.1% 1,325,880 19.9% Interest Income 0 0.0% 0 0.0% Revenues Collected $ 5,680,062 100.0% $ 6,671.333 100.0% COST OF REVENUES Pull-Tab Prizes $ 3,766.488 66.3% $ 4,453.461 66.8% Raffle Prizes 20,700 0.4% 0 0.0% Paddle Wheel Prizes 1.012,632 17.8% 1,182.506 17.7% Cost of Revenues $ 4.799,820 84.5% 5.635.967 84.5% GROSS PROFIT $ 880,242 15.5% $ 1,035,366 15.5% ALLOW ABLE EXPENSES $ 565.247 10.0% $ 663.793 9.9% REVENUES IN EXCESS OF ALLOWABLE EXPENSES $ 314.995 5.5% $ 371.573 5.6% IJ\WFUL PURPOSE EXPENDITURES Gambling Taxes: State 10% and Combined Receipts Tax $ 211,439 3.7% $ 252,404 3.8% State Ideal Gambling Taxes 97,597 1.7% 116,747 1.7% Ideal Tax Refund (29.916) -0.5% (29.330) -0.4% Total Gambling Taxes $ 279.120 4.9% $ 339.821 5.1% Board Approved Expenditures $ 20,000 0.4% $ 9,000 0.1%,1 Program Expenditures 18.760 0.3% 34,329 0.5% Prior Year Audit 2.000 0.0% 4.050 0.1% Total Lawf~1 Purpose Expenditures $ 319.880 5.6% $ 387.200 5.8% EXPENSES IN EXCESS OF REVENUES BEFORE INCOME TAXES $ (4,885) -0.1% $ (15,627) -0.2% INCOME TAXES 0 0.0% 0 0.0% EXPENSES IN EXCESS OF REVENUES $ (4.885) -01% $ (15,627) .0'% PROFIT CARRY-OVER BEGINNING (4.734) 10.893 PROFIT CARRY-OVER - ENOING $ fQ619) $ (47::t4) See accompanying Notes to Financial Statements. (3) LAWFUL GAMBLING FUND OF HOPKINS JAYCEES, INC. (LICENSE # 02298) (MN ID# 7063456) RECONCILIATION OF GAMES USED - PULL-TABS AND PADDLE WHEELS REGULATORY BASIS FOR THE YEARS ENDED DECEMBER 31, 2004 and 2003 (SEE INDEPENDENT AUDITOR'S REPORT ON SUPPLEMENTARY INFORMATION) (UNAUDITED) 2004 2003 NUMBER OF NUMBER OF PULL-TABS AMOUNT GAMES AMOUNT GAMES cost of Games Used Beginning Inventories $ 2,655 59 $ 3,198 72 Purchases 75,740 1,594 90,380 1,880 Total Games Available for Use $ 78,395 1,653 $ 93,578 1,952 Less: Ending Inventories $ (2.380) (52) $ (2,655) (59) Games Used $ 76,015 1,601 $ 90,923 1,893 Average Cost Per Game Used $ 47,48 $ 48.03 Reconciliation of Games Used Games Used Per Books Above 1,601 1,893 Games Used and Reported Per Gross Revenues (Receipts) by Month (Schedule B) 1.601 1,893 Differences or Possible Unreported Games 0 0 2004 2003 NUMBER OF NUMBER OF PADDLE WHEELS AMOUNT GAMES AMOUNT GAMES Cost of Games Used Beginning Inventories $ 1.667 154 $ 1,132 118 Purchases 20,788 2,163 25,597 2,611 Total Games Available for Use $ 22,455 2,317 $ 26,729 2,729 Less: Ending Inventories $ (900) (102) $ (1,667) (154) Games Used $ 21,555 2,215 $ 25,062 2,575 Average Cost Per Game Used $ 9.73 $ 9.73 Reconciliation of Games Used Games Used Per Books Above 2,215 2.575 Games Used and Reported Per Gross Revenues (Receipts) by Month (Schedule B) 2,215 2.575 Differences or Possible Unreported Games 0 0 (7) LAWFUL GAMBLING FUND OF HOPKINS JAYCEES, INC. (LICENSE # 02298) (MN ID# 7063456) ANALYSIS OF MAXIMUM ALLOWABLE EXPENSES AS A PERCENTAGE OF GROSS PROFIT REGULATORY BASIS FOR THE YEARS ENDED DECEMBER 31,2004 and 2003 (SEE INDEPENDENT AUDITOR'S REPORT ON SUPPLEMENTARY INFORMATION) (UNAUDITED) 2004 2003 GROSS PROFIT $ 880,242 $ 1,035,366 ALLOWABLE EXPENSES Cost of Games Used $ 97,570 $ 115,985 Compensation 308,475 347,958 Bank Charges, Supplies and Services 60,312 119,712 Gambling Equipment and Maintenance 3,024 2,336 Rents 72,861 51,440 Bonds, Licenses and Insurance 1,992 968 Acco~nting 8,400 10.698 Cash Shortages (Long) 10,356 11.809 Advertising 2,258 2.265 Utilities 0 622 Total Allowable Expenses $ 565,247 $ 663,793 MAXIMUM ALLOWED EXPENSES BY MINNESOTA STATE STATUTE Gambling Activity, Plus Miscellaneous Income, Excluding Cash Shortages x allowed percentage $ 484,133 $ 569,450 Maximum Allowable Expenses by Minnesota State Statute $ 484,133 $ 569,450 Excess of Maximum Allowable Expenses in Excess (81,114) (94.343) of Allowable Expenses - Current Year Beginning Cumulative Maximum Expenses in Excess of Allowable Expenses $ 737,429 831,772 Ending Cumulative Maximum Allowable Expenses in Excess of Allowable Expenses $ 656,315 $ 737,429 (8) LAWFUL GAMBLING FUND OF HOPKINS JAYCEES, INC. (LICENSE # 02298) (MN 10# 7063456) RECONCILIATION OF PROFIT CARRy-oVER REGULATORY BASIS FOR THE YEARS ENDED DECEMBER 31, 2004 and 2003 (SEE INDEPENDENT AUDITOR'S REPORT ON SUPPLEMENTARY INFORMATION) (UNAUDITED) 2004 2003 ADDITIONS Cash in Gambling Bank Accounts $ 4,483 $ 10,689 Cash in Starting Banks 11,252 15,056 Ending Inventory 4,800 5,872 Total Additions $ 20,535 $ 31,617 SUBTRACTIONS Accrued Liabilities $ 18,862 $ 22,545 Vendors Payable 7,040 7,682 Net Cash from Games in Play and Unreported at Month End 4,252 6,124 Total Subtractions $ 30,154 $ 36.351 PROFIT CARRY-OVER $ (9,619) $ (4.734) PROFIT CARRY-OVER FROM FINANCIAL STATEMENTS $ (9.619) $ (4,734) PROFIT CARRY-OVER FROM TAX REPORT $ (9,619) $ (4,734) Variance from Balance $ 0 $ 0 (9) Contribution Report HOPKINS JC'S For All Sites I: 7/1/2003 to 6/30/2005 ate Check Written Number Payee Description Page 1 f/i Total For 8/15/2003 5635 8/20/2003 5639 8/20/2003 50621 TARGET STORES CITY OF HOPKINS CITY OF HOPKINS 1/15/2004 6062 CITY OF HOPKINS 4/8/2004 5775 MUSIC. ., 4/8/2004 5776 MUSIC 4/20/2004 50752 LAKE SHORE WEEKLY 5/20/2004 6150 SMOKE SCREEN 5/20/2004 6151 KRUSH 5/20/2004 5797 VOGELS EXOTIC ANIMALS 5/20/2004 50770 DAKOTA WILD ANIMALS 5/20/2004 50772 MOORE MAGIC 5/20/2004 50773 MIKE MANN 5/20/2004 50774 CLOWNS 5/28/2004 5804 DEAN DOWNS .1/2004 6187 ARM INC 6/2004 6189 CHRISTOPHER SMITH FUND 7/16/2004 6193 ARM INC 8/1/2004 6194 ALL AREA PRODUCTIONS 9/22/2004 5867 ALZHEIMERS 10/1/2004 5881 U OF KANSAS 10/25/2004 6289 DUSTIN KLOEMPKEN 11/30/2004 5919 GCB 12/2/2004 5925 DAWN M AN KANEY FUND 12/15/2004 50911 VISA 3/21/2005 6441 5/19/2005 6494 VOGELS EXOTIC ANIMAL SHOW 5/1 9/2005 6497 MIKE MANN 5/19/2005 6498 DYNOMITE ENT 5/31/2005 6059 VENTURING CREW 6/16/2005 6065 CITY OF HOPKINS 6/20/2005 5505 NATIONAL PHILANTHROPIC TRUST 6/20/2005 5506 NATIONAL PHILANTHROPIC TRUST 6/21/2005 6521 HBCA 6/21/2005 6522 CITY OF HOPKINS 6/30/2005 6078 MONTEREY ARTISTS Total of For 1 6/15/2004 50789 AMERICAN CANCER SOCIETY 6/21/2005 6520 AMERICAN CANCER SOCIETY Totalof 1 For A 1 BACK TO SCHOOL Fund administered by local Fund administered by local govemme governme 'I 500.45 3835.72 2919.76 1000.00 500.00 200.00 120.00 800.00 1600.00 1200.00 100.00 300.00 225.00 240.00 500.00 2000.00 200.00 2500.00 500.00 50.00 250.00 100.00 900.00 200.00 96.33 1200.00 250.00 300.00 200.00 940.28 500.00 500.00 50.00 940.28 2750.00 11J..i/l~t,8j, 100.00 200.00 MUSIC C- II t MUSIC (:,~;J nt.\.n ADV EGG HUNT MUSIC MUSIC KIDS ENT KIDS EVENTS KIDS EVENTS KIDS STORY TELLER KIDS EVENTS MUSiC )1} cd n si1ed' Po.Y'5 BAND DEPOSITS - Ro.5{>be.rt'1/ rest DONATION I ~~~DS Rll>~k.fry ~5} DONATION SCHOLARSHIP SCHOLARSHIP LICENSE FEES DONATION XMAS TOYS YOUTH ACTIVITY > WI " 1/__ +- KIDS STORY TELLER I 'l {:l,/ n 5"/01 WV YOUTH ACTIVITY I>C\,VS YOUTH GROUP 9:e,NATION " . DONATION - FV/ic.e. CANCER DONATION CANCER DONATION MUSIC IN THE PARK DONATION - Police. RASP FESTIVAL PERFORMERS DONATION TO 501 C 3 DONATION TO 501 C 3 300.00 16:13: 9 91712005 Minnesota Gambler Contribution Report HOPKINS Je's Page 2 For All Sites t: 7/1/2003 to 6/30/2005 ate Check Written Number Payee Description Total 7/30/2003 5918 9/22/2003 5970 10/1/2003 5987 12/15/2003 5716 1/15/2004 6063 9/22/2004 5868 12/15/2004 50914 COLORADO COLLEGE-AMY L1SBERG PHEASANTS FOREVER AMERICAN DIABETES ASSN HOPKINS RESOURCE CENTER MISSING CHILDREN OF MN DIABETES INSTITUTE PHEASANTS FOREVER Total of A 1 SCHOLARSHIP DONATION DONATION DONAITON DONATION DONATION DONATION 500.00 1000.00 50.00 500.00 1000.00 100.00 1000.00 4150.00 For A2 1/15/2004 6064 HOPKINS ACTIVITY CENTER DONATION 100.00 5/20/2004 50771 STERLING SILVER KIDS MUSIC 100.00 8/16/2004 6229 HOPKINS FAMILY RESOURCE CENT BACK TO SCHOOL 100.00 Totalof A 2 300.00 For A5 9/2/2003 5967 UNIVERSITY OF MN SCHOLARSHIP 500.00 10/1/2004 5880 UNIVERSITY OF MN SCHOLARSHIP 250.00 Totalof A 5 750.00 For A 6 9/22/2003 5661 REACH INC. DONATION 1000.00 10/1/2004 5882 REACH INC. DONATION 1000.00 Total of A 6 2000.00 For A 7 7/1/2003 5611 STATE OF MN GM MGR 100.00 7/24/2003 5916 JESSICA KREBS DONATION 163.14 8/20/2003 5942 MADD 150.00 9/12/2003 5652 STATE OF MN LICENSES 800.00 10/1/2003 5984 STATE OF MN LICENSES 100.00 3/18/2004 5765 BOY SCOUTS DONATION 250.00 3/18/2004 5766 BOY SCOUTS DONATION 250.00 4/8/2004 5777 WONDER WEAVERS EGG HUNT 580.00 4/8/2004 5778 HOPKINS PAVILLON RENT FOR EGG HUNT 150.00 5/20/2004 50769 JAZZ BERRIES KIDS MUSIC 100.00 8/17/2004 6236 LITTLE LEAGUE DONATION 99.00 3/14/2005 6434 BRENDA SADWOSKI EGG HUNT 166.70 3/31/2005 6443 WONDER WEAVERS EGG HUNT 225.00 3/31/2005 6444 BRENDA SADWOSKI EGG HUNT 204.71 .11/2005 51002 STATE OF MN LICENSES 100.00 16:13: 9 91712005 Minnesota Gambler Contribution Report HOPKINS Je's Page 3 For All Sites tlm 7/112003 to 6/30/2005 ate Check Written Number Payee Description Total 5119/2005 6495 Jt>;ZZ BERRIES 5/1 9/2005 6496 FUN CHARECTERS Total of A 7 KIDS MUSIC YOUTH ACT. 100.00 240.00 3778.55 Total of Organization $' 3Q,Il/b.37 16:13: 9 9/712005 Minnesota Gambler