Memo-Application for Premises Permit, Hopkins Youth Hockey Association
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I City Clerk I
CITY OF HOPKINS
Memorandum
To: Honorable Mayor and City Council Members
Copy:
From:
Date:
Subject:
Terry Obermaier
May 1, 2003
Application for Premises Permit, Hopkins Youth Hockey Association
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Staff is recommending that the City Council make a motion to adopt Resolution 03-
28, resolution denying the application from the Hopkins Youth Hockey Association
for a premises permit at Hopkins Tuttle's Family Recreation Center.
The City Attorney has reviewed the documents that were submitted to the City by
the Attorney for the Hopkins Youth Hockey Association at the April 15, 2003 City
Council Meeting. Nothing contained in those documents h~s changed the original
recommendation.
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The three issues brought to the City Council that did not comply with the City.
Policy 4A, Lawful Gambling, and were given as reason to deny were:
They do not have an office in the City of Hopkins
They do not have at least 30 active voting members
There currently exists a lease between the Raspberry Festival and Tuttle's
Hopkins Recreation.
The group has elected a new Chairperson who has been looking at making the
changes necessary to comply with the conditions of the policy. They do feel that
they can find the location for an office, change their by-laws, and begin their lease
on January 1, 2004. This would meet the requirements of the policy. The new
Chairperson has asked for a continuance to give him time to make the changes that
are required.
Because the State would issue the permit, without consideration for an effective
date that the City would put into the resolution as a condition, Staff is
recommending that the City Council deny the application at this time based upon
the information contained in the current application.
Attachments:
. Resolution Denying the application for a premises permit for the Hopkins
Youth Hockey Association
. A letter from City Attorney, Jerre Miller
1010 First Street South - (612) 935-8474
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CITY OF HOPKINS
Hennepin County, Minnesota
RESOLUTION NO. 2003-028
Denying a Lawful Gambling Premises Permit
To the Hopkins Youth Hockey Association
WHEREAS, the City of Hopkins has an existing policy limiting charitable gambling to
those charities which have their principal location within the city, and
WHEREAS, the City of Hopkins has an existing policy that limits the number of
organizations that can conduct the same lawful gambling game at one location, and
WHEREAS, the City of Hopkins has an existing policy limiting charitable gambling to
those organizations that have at least 30 "active voting members", and
WHEREAS, the City of Hopkins in "Policy 4-A, Lawful Gambling" has adopted the
provisions of Minnesota Statute Chapter 349 relating to the definition of terms; and
WHEREAS, a premises permit has already been approved for pull tabs at the requested
location, Tuttle's Hopkins Recreation; and the Hopkins Youth Hockey Association
has not demonstrated a permanent physical location to conduct corporate business
within the City .of Hopkins; and the Hopkins Youth Hockey Association does not
have 30 active voting members as defined by State Statute 349.12, Subd. 2;
NOW THEREFORE BE IT RESOLVED, that the City Council of the City of Hopkins
hereby denies the application for a permit to conduct lawful gambling by the
Hopkins Youth Hockey Association at the following location:
Tuttle's Hopkins Recreation Center
107 Shady Oak Road
Hopkins, MN 55343
Adopted by the City Council of the City of Hopkins this 15th day of April, 2003.
By
Eugene J. Maxwell, Mayor
ATTEST:
Terry Obermaier, City Clerk
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MILLER, STEINER & CURTISS, P.A.
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ATTORNEYS AT LAW
400 WELLS FARGO BANK BUILDING
1011 FIRST STREET SOUTH
HOPKINS, MN 55343
JERRE A. MILLER
JEREMY S. STEINER *
WYNN CURTISS
KIRSTEN A. HOLSETH
"'Real Property Law Specialist, certified
by the Minnesota State Bar Association
(952) 938-7835
FAX (952) 938-7670
Writer's Direct Dial No. (952) 253-0070
MEMO
Date: May 1, 2003
To: Terry Obermaier
From: Jerre Miller
Re: HYHA
This will update you on my recent meeting with John R. Anderson who is the newly elected President of
the Hockey Association and Patrick Williams who is security broker and a member of the Association.
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These two gentlemen were not actively involved in the earlier attempts by principals ofthe Association
to seek approval of their application without a meaningful attempt to comply with the City policy.
It was indicated to me they intend to comply with the policy in all respects and that, other than the time
it takes to do so, saw no problem in achieving compliance.
I informed them that their By-laws needed to be changed to be able to establish the A~sociation had 30 or
more active voting members and that there was a registered business office with an address established
within the City in order to comply with the policy as well.
They were also informed of my concern that the City not approve a premises permit at this time because
there is a valid and current lease between Tuttle's Bowling Alley and the Raspberry Festival for the sale
of pull tabs within that premises.
To grant an approval, whether or not the provisions of the gaming policy of the City was met in all
respects, it would be premature to do so until it was established to the satisfaction of the City in writing
that the existing lease of the tenant would not be renewed following December 31,2003.
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You have determined that the gaming commission does not issue a license conditional on taking effect on
a date in the future. The license issued by the gaming commission takes effect immediately which means
it may.be more appropriate to deny the application for the premises permit now until the relationship
between the present landlord and tenant has been conti ed one way or the other and compliance with the
City gaming policy has been achieved at which' 1 new application may be submitted for such a permit.
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hopkins\obermaier
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