CR 2003-157 Approve Premises Permit Application For Youth Hockey AssociationNovember 13, 2003 Council Report 2003 -157
Proposed Action
Staff recommends adoption of the following motion: Move to adopt Resolution 2003-
96, approving a Lawful Gambling Premises Permit at Tuttle's Hopkins Recreation, 107
Shady Oak Rd, for the Hopkins Youth Hockey Association with the stipulation that they
have adopted new by -laws showing a minimum of 30 active members as defined by
Minnesota Statute Chapter 349.
Overview
Several months ago, Hopkins Youth Hockey Association applied for a premises permit
for Tuttle's Hopkins Recreation. At that time, the application was continued and later
withdrawn because they did not meet the requirements of Hopkins Policy 4 -A, Lawful
Gambling. They are in the process of making changes to their by -laws to conform with
• the policy.
Primary Issues to Consider
• What sections of the policy were not met
Supporting Documents
Approve Premises Permit Application
For Hopkins Youth Hockey Association
• Copy of Policy 4 -A, Lawful Gambling
• Resolution 2003 -96
• Memo from City Attorney Jerre Miller
Terry Obermaier, City Clerk
Financial Impact: $ Budgeted: Y/N Source:
Related Documents (CIP, ERP, etc.):
Notes:
Council Report 2003 -157
Page 2
• What sections of the policy were not met
In March, 2003, the Hopkins Youth Hockey Association applied for a premises permit
for Tuttle's Recreation. The association did not have a physical office in the City and
therefore, did not meet the location requirement.
They have since rented office space and have filed a new address with the Secretary of
State. Their registered office address is now 810 First Street S, Suite 150, Hopkins.
They now meet the location requirement as stated in Section 2.02 of Policy 4 -A.
Section 2.07 of Policy 4 -A does not allow two organizations to conduct the same game
at the same location. The Raspberry Festival did not renew their permit for this
location.
They now comply with Section 2.07 of Policy 4 -A
Section 2.03 requires that the organization have a minimum of 30 active voting
members as defined by state statute. As this report is being written, the by -laws have
not been changed to reflect the 30 member requirement. However, the association
plans to vote on the changes on the 17 of November. If the new by -laws are adopted
with a minimum of 30 active voting members as per City Attorney Jerre Miller's memo
that is attached to this report, the association will be in compliance with this section.
Alternatives
1. Adopt Resolution 2003 -96, approving a Lawful Gambling Premises Permit at
Tuttle's Hopkins Recreation, 107 Shady Oak Rd, for the Hopkins Youth Hockey
Association with the stipulation that they have adopted new by -laws showing a
minimum of 30 active members as defined by Minnesota Statute Chapter 349.
2. Continue for more information, or until such by -laws have been adopted.
3. Deny the application for a premises permit at Tuttle's Hopkins Recreation for the
Hopkins Youth Hockey Association.
Staff recommends alternative one.
•
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 has its principal or registered office, street address and zip
code within the City of Hopkins.
2.03 The organization defined in Section 2.02 must be engaged in its primary activities for
the benefit of the community within the City of Hopkins for at least five years on a
perpetual, continuous, uninterrupted basis and have at least 30 active members as
defined in Minnesota Statute Chapter 349.
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 permit or license to conduct bingo 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 Only one organization, as defined in Section 2.02, may conduct gambling within a
single owned, occupied or leased premise.
Legislative Policy Manual -- Chapter 4 -A 1
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 and 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 notice sent to the general membership announcing the meeting to authorize
gambling activities, and 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.
2.15 The City shall receive 10% of net profits from organizations conducting gambling in
leased premises.
Established 11/19/85 by Resolution 85 -3218
Revised 10/5/1993
Revised 4/19/94
Revised 12/16/97
Revised 8/19/2003
City of Hopkins
Legislative Policy Manual -- Chapter 4 -A 2
CITY OF HOPKINS
HENNEPIN COUNTY, MINNESOTA
RESOLUTION 2003 -96
RESOLUTION APPROVING A GAMBLING
LICENSE FOR THE HOPKINS YOUTH HOCKEY ASSOCIATION
WHEREAS, the Hopkins Youth Hockey Association has been engaged
in activities for the benefit of the community for several years, and
WHEREAS, the Hopkins Youth Hockey Association has applied for a
gambling license to conduct lawful gambling in 2004 and 2005, and
WHEREAS, the Hopkins Youth Hockey Association has complied with
the requirements of Policy 4 -A, Lawful Gambling,
NOW, THEREFORE, be it hereby resolved that the City Council of the
City of Hopkins, Minnesota, approves the Hopkins Youth Hockey
Association's Premises Permit application for Tuttles' Hopkins Recreation,
107 Shady Oak Road, Hopkins.
Adopted by the City Council of the City of Hopkins, Minnesota, this 18th
day of November, 2003.
ATTEST:
Terry Obermaier, City Clerk
Eugene J. Maxwell, Mayor
•
JERRE A. MILLER
JEREMY S. STEINER*
WYNN CURTISS
KIRSTEN A. HOLSETH
*Real Property Law Specialist, certified
by the Minnesota State Bar Association
Date: November 14, 2003
To: Terry Obermaier
From: Jerre Miller
Re: Hopkins Youth Hockey Association
hopkins \obermaier
MILLER, STEINER & CURTISS, P.A.
ATTORNEYS AT LAW
400 WELLS FARGO BANK BUILDING
1011 FIRST STREET SOUTH
HOPKINS, MN 55343
Writer's Direct Dial No. (952) 253 -0070
MEMO
Assuming final approval of this Amendment of the By -laws he Association appears to be in compliance
with the City policy as well as the requirements of the ing Control Commission.
(952) 938-7835
FAX (952) 938 -7670
Following my earlier discussion with you, I have reviewed the Association's draft Amendment to their By-
laws and I have discussed the proposed draft with the John Anderson who is the President of the
Association and in charge of formulating the Amendment and obtaining its approval.
According to the draft, the final Amendment will provide for not more than 35 or less than 30 active voting
members consisting of directors of the Association and various program chairmen all of whom will have
equal voting rights on all matters brought before the Association Board for discussion and decision.
I have also reviewed Minnesota Statute 317A.235 pertaining to quorums for non - profit associations. This
statute states that a majority, or a larger or smaller proportion or number provided in the By -laws but not
less than one - third, of directors currently holding office is a quorum. TheirBy -laws will provide that the
30 members who shall be designated as active voting members of the Association will comply with this
particular statute as well.
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Board Members Present : (X =Yes, Blank 'No)
Item 1
Roll Call
Item 2
VP: no report
Minutes
HYHA Board of Directors Meeting
11/17/03
John Anderson X John Loheit X
Pat Williams Mark Lescarbeau X
Pete Waggoner X Steve Skalbeck
Michelle Groom X Shea Johnson X
Scott Anderson X Brad Davis X
Jody Boyd X Belinda Hartzler X
Lynn Melcher -Dupay X Todd Wanshura X
Mark Kruger
The September 15, 2003 minutes were reviewed.
John Loheit forwarded a motion to pass the September 2003 minutes. It was second by Belinda Hartzler
and it passed
Item 3 Member Reports
President: John Anderson addressed the gambling issue and passed out a hand out from Miller Steiner &
Curtis, P.A. Tuesday 11 -18 -2003 is a city council meeting that the President will be attending. The most
important issue is to meet the thirty member board requirements. The meeting is at 7:00 at City Hall in
Hopkins. There are changes to the HYHA by -laws that need to be addressed and the board will take that up
later in this meeting.
He also addressed the Dodge test drive and yielded that to Todd Wanshura and his report.
Secretary: Pete Waggoner is working on catching up on the minutes and will be forming a committee with
John Loheit regarding communication.
Treasurer: Michelle Groom reported that $84,770 cash is in the bank. The budget will be coming out.
The directory is almost complete and she is collecting money from the tournament.
Girls Coordinator: Scott Anderson reported that teams are full strength. He reported that 2 girls joined
after the tryouts and they have been or are being placed on appropriate teams. As far as the U 16, U14
players one will need to be waived out of the district as a team is available in another community. Home
jerseys should be available for the tournament. The tournament is in good shape. There will be some
individual fund raising happening. He stated there are ideas and is looking forward to the tournament.
Ice Coordinator: Jody Body just completed the ice draft and will be entering that in the computer. 95% or
higher of the weekday ice is gone. There are dates with tournament schedules that will not fill all ice. Her
priority is to fill the pavilion first.
•
Sponsor Coordinator: Todd Wanshura reported that over 130 members participated in the Dodge truck
drive. Two teams had 100% participation. There will be a 2° chance at the dealership anytime during
business hours at the dealership until December 31'. It a team has 100% participation a pizza party will
be available. To obtain the 100% participation the test drive must be completed by December 10` 2002
had participation of 48 members.
Mite Coordinator: Brad Davis handed out a form for transition of the incoming Mite Coordinator.
Among topics are the evaluators and assistants. Please refer to handouts. The goal is to find candidates by
Christmas. Per Davis, the position is evolving toward a two person position. He added that the mite
program is a program within the program. District 3 is running a pilot program to measure a program
where all skaters are measured 3 times a year. December 7 will be the beginning of the pilot program.
Davis will be working in conjunction with Rogue Swenson to make it happen. They will have to purchase
stop watches for the program.
Tournament Coordinator: Shea Johnson reported that the tournament is set to go. She needs to confirm
with Buzz that his players work the clock. She will need timekeepers to run the clock Saturday November
29 from 2pm to 8pm at Pavilion and Minnetonka A and B since the High School Hockey team will be
playing that afternoon/evening. Two $500 scooters will be donated by an HYHA member for the raffle.
Travel Coordinator: Mark Lescarbeau reported that the tryout process went well. He stated that he will
be as involved with the on ice portion of the tryout as possible and will be handing over the administrative
portion of the tryout day to volunteers. Coaches are all in place. Rogue Swenson is getting the coaches
certified and will be completed by December 31
Communications Coordinator: John Loheit reported the Pavilion work for posters and is building in a
theme of our history/our future. Four of those should be up in the building this week. Regarding the
website, the manager can only access their specific page. He is testing adding images to the site to enhance
the look. There are some navigation changes for ease of use. He is adding a section that will add pictures
and links to the site and will be ready by the end of December. The postcard he is working on will be in
conjunction with site promotion. It will come out by the end of December.
The topic of restroom availability came up and it was communicated from Don Olson that the restrooms
will be ready. John Anderson is going to address that issue with the pavilion.
He is also looking for id cards for members of the association that would be used for transactions with
vendors around town. He will put together a proposal for the board.
Volunteer Coordinators: Lynn Melcher Dupay and Belinda Hartzler reported that the food drive
announcement was made in conjunction with the tournament. Belinda was going to find people to help with
the food drive. They have people that have signed up and are in the process of putting together the team.
John Anderson communicated that signage would be needed as well as some promotion. The food drive
will be at the pavilion only. There will be a sign at the other arena's directing the teams to the barrels at the
pavilion. There also will be a message posted on the website regarding the food drive. They were asked
about concession times. The start time will be 5:00 during high school games and 5:30 when there are not
high school games. The end time is 9:30., Lynn will email managers with the time change.
•
Item 4: Unfinished Business None to report
Item 5: Presentation by Rogue Swenson Ace Coordinator
He reported that there are 64 registered coaches in the association 99% of the coaches are getting certified.
He thanked Brad Davis for his help at the Mite level. There were two mandatory coaches meetings that he
said went fairly well. He believes an earlier start will allow for 100% participation. He is working on a
video/book case for coaches to access information. He is accumulating resources for the coaches and
expects it to be up and running. Once that is up, materials will be in one place.
The District 3 coaches clinics that are put on by master coaches are not being attended by the Hopkins
coaches as well as he would like. He is not sure if the coaches are too busy with work, family and their
team.
He also reported about the concussion awareness cards. It gives coaches ideas of concussions and grades of
concussions what they are and how to read them.
As Ace coordinator he has worked without a budget. He is looking for a budget and wanted to know how to
go about a budget. John Anderson indicated that he outline his program and will look at the budget to make
it happen.
Item 6: New Business By Law Changes
Michelle Groom worked with Mark Lindgren. She made a motion to waive the rules of two week
notification. Jody Boyd seconded. Discussion. The vote was unanimous and approved 11 -0.
Note please refer to attached file regarding the proposed by -law changes.
*Motion to amend the voting rights Article 3 membership 3.7) by Michelle Groom: Voting Rights
Seconded by Shea Johnson. Discussion. The vote was unanimous and approved 11 -0.
*Motion to amend article 4 Directors section 4.2) Number forwarded by Michelle Groom seconded by Scott
Anderson. Discussion. The vote was unanimous and approved 11 -0.
*Motion to amend article 4 Directors section 4.3) Election and Term of Office forwarded by Michelle
Groom seconded by seconded by Mark Lescarbeau. Discussion. The vote was unanimous and approved
11 -0.
*Motion to amend article 4 Directors section 4.10) Quorum seconded by Pete Waggoner. Discussion. The
vote was unanimous and approved 11 -0.
*Motion to amend article 4 Directors Section 4.11) Order of business seconded by Scott Anderson.
Discussion. The vote was unanimous and approved 11 -0.
*Motion to amend article 4 Directors Section 4.13) Seconded by John Loheit. Discussion. The vote was
unanimous and approved 11 -0.
*Motion to amend article 7 Gambling 7.4) Seconded by Mark Lescarbeau. Discussion. The vote was
unanimous and approved 11 -0.
• In other business Michelle Groom was forwarded a letter and will forward it to the Secretary
regarding the Gambling Manager position from Sonja Bracy. Michelle Groom forwarded a motion
to approve Sonja Bracy as a member in good standing. Jody Boyd seconded it. Discussion. The
vote was unanimous and passed 11 -0.
*Michelle Groom forwarded a motion to approve Sonja Bracy as Gambling Manager provided the
City and State approve charitable gambling for the HYHA. She will need to meet all necessary
requirements for the City and State. Shea Johnson seconded. Discussion. The vote was unanimous
and passed 11 -0.
*Michelle Groom Forwarded a motion of a loan of up to $10,000 from the general fund to start the
gambling site provided the City, State and Tuttle's bar and grill approves charitable gambling for
HYHA and the gambling mangager meets all requirements by the City and State. Seconded by Todd
Wanshura. Discussion. The vote was unanimous and passed 11 -0.
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•
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2003 AMENDED BY -LAWS
OF
HOPKINS YOUTH HOCKEY ASSOCIATION
ARTICLE 1
OFFICES
1.1) Registered offices - The address of the registered office of the Corporation shall be City of
Hopkins, Minnesota 55343. The Board of Directors shall have authority to change the registered
office of the Corporation from time to time, and any such change shall be registered by the
secretary with the Secretary of the State of Minnesota.
1.2) Offices - The Corporation may have such other offices, including its principal business
office, either within or without the State of Minnesota, as the Board of Directors may designate or
as the business of the Corporation may require from time to time.
ARTICLE 2
OBJECTIVES
2.1) Objectives - The objectives of the Hopkins Youth Hockey Association shall be to foster,
promote and instruct the sport of amateur hockey to all eligible boys and girls in the community
who wish to participate. Specific goals are 1) to provide recreational activity for the enjoyment and
physical fitness of youth, 2) to teach about the game of hockey, 3) to have participants learn
individual and team skills to meet their fullest potential, and 4) to promote good attitudes of good
sportsmanship and fair play. These objectives will be achieved by providing a program of hockey
training and a schedule of organized competitive hockey games.
ARTICLE 3
MEMBERSHIP
3.1) Any boy or girl meeting the requirements as to age and residence as required by the Board
of Directors shall be eligible to participate in the Hopkins Youth Hockey Association program.
3.2) Any boy, girl or adult having an active interest in the Corporation may be invited by the
Board of Directors to become an associate or honorary member.
Amended 11/17/03 1
3.3) Any adult (as defined in Minn. Stat. Section 645.451) may become a member of this
Corporation by applying to the Board of Directors for membership at any time. Any adult having
children registered in the Hockey Program automatically becomes a member of the Corporation.
Any adult actively serving as a coach or assistant coach automatically becomes a member of the
Hopkins Youth Hockey Association. The term of membership shall be for one year, commencing
September 1
r
•
3.4) Active members shall perform any reasonable service required and requested. The Board of
Directors by two - thirds (2/3) vote of the entire membership at any duly constituted meeting shall
gave the authority to suspend any member, except coaches, whose conduct is considered
detrimental to the best interests of the Program, after having provided the individual due notice and
opportunity to be heard by the Board of Directors.
3.5) A player whose conduct is considered detrimental to the best interests of the Hockey
Program may be suspended by the coordinator(s) involved and the Hopkins Youth Hockey
Association Executive Committee.
3.6) A division coordinator may temporarily suspend a coach or assistant coach whose conduct
is considered detrimental to the best interest of the Hopkins Youth Hockey Association Program.
Within seven (7) days of the suspension, the Executive Committee, including the division
coordinator involved, will meet to consider the suspension and to determine if a special meeting of
the Board of Directors is necessary. If called, the said Board meeting shall be held within seven (7)
days of the Executive Committee meeting. The Board of Directors, by a two - thirds (2/3) vote of
the Board members present at such a meeting, provided a quorum is present, shall have the
authority to suspend any coach. The length of the suspension shall be at the discretion of the
Board of Directors depending on the severity of the conduct, including permanent suspension. The
suspended individual will be provided with due notice and the opportunity to be heard by the
Executive Committee and/or the Board of Directors. Prior to the completion of the hearing
process, the suspended coach shall not be permitted to participate in any Hopkins Youth Hockey
Association activity.
3.7) Voting Rights - The members of the Corporation shall have one vote per household for the
purposes of electing Directors of the Corporation as set forth in Section 4.3 hereof. The
"household" shall be the residence, within ISD #270, at the address included in records maintained
by the Corporation. Only one member residing at the household may cast the vote and must be in
good standing.
ARTICLE 4
DIRECTORS
4.1) General Powers - The property, affairs and business of the Corporation shall be managed by
Amended 11/17/03 2
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the Board of Directors.
4.2) Number - The number of directors shall be no fewer than thirty (30) and no greater than
thirty -five (35) but the number may be increased or diminished by amendment of these By -Laws.
The Directors of the Corporation shall include the Officers of the Corporation, Registrar, Fund
Raising/Sponsor Coordinator, Travel Coordinator, Ice Coordinator, C- League Coordinator, Mite
Coordinator, Girls Coordinator, Equipment Coordinator, Tournament Director, Communications
Coordinator, Volunteer Coordinator, Gambling Manager, and ACE Coordinator. The Hopkins
High School Boys Hockey Coach and Hopkins High School Girls Hockey Coach will have no
voting privileges.
4.3) Election and Term of Office - The President shall call a special meeting of the members of
the Corporation to be held at the same time and place as the annual meeting of the Board of
Directors as set forth in Article 4.7 hereof, or in lieu thereof, direct that solicitation of action to be
taken by written ballot, to elect the Directors of this Corporation. Notice of such meeting or
mailing of the solicitation must be made at least 14 days prior to the annual meeting.
Action taken in lieu of a meeting shall be taken as set forth in Minn. Stat. Section 317A.447.
Solicitation of action to elect directors by written ballot shall contain the names of all candidates.
The Secretary shall place all names of members of the Corporation who have provided written
notice to the Secretary that such member wishes to be a candidate for the Board of Directors.
Such candidates must be members in good standing of the Corporation and only one Director per
household as defined in Article 3.7 hereof. The candidates for President must have previously
resided on the Board of Director of the Corporation. The President may, in his discretion, appoint
a nominating committee for the purpose of placing candidates on the ballot. The number of
Directors to be elected shall be determined by the Board of Directors prior to the mailing of the
notice of the annual meeting or solicitation by written ballot.
Directors shall serve for a term which expires on the earlier of when such director ceases to be a
member of the Corporation under section 3.3 hereof, or 10 years after election. New Directors
shall begin their term on the next monthly meeting of the Board. As set forth in Article 5.2 hereof,
Officers of the Corporation shall hold office until the next annual meeting or until their successors
are elected and qualified. Only members with voting rights as set forth in Article 3.7 hereof may
serve as Directors.
4.4) Committees - A resolution approved by the affirmative vote of a majority of the Board of
Directors may establish committees having the authority of the Board in the management of the
business of the Corporation to the extent provided in the resolution. Committees are subject at all
times to the direction and control of the Board of Directors except as provided in Article 4.5.
4.5) Committee of Disinterested Persons - The Board of Directors may establish a committee
composed of two (2) or more disinterested directors or other disinterested persons to determine
whether it is in the best interests of the Corporation to pursue a particular legal right or remedy of
the Corporation and whether to cause the dismissal or discontinuance of a particular proceeding
Amended 11/17/03 3
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that seeks to assert a right or remedy on behalf of the Corporation. A director or other person is
"disinterested" if he is not a present or former officer, employee or agent of the Corporation of a
related corporation and has not been made or threatened to be made a party to the proceeding in
question. The committee, once established, is not subject to the direction or control of, or
termination, by the Board of Directors. A vacancy on the committee may be filled by a majority
vote of the remaining members. The good faith determinations of the committee are binding upon
the Corporation and its directors, officers and shareholders. The committee terminates when it
issues a written report of its determinations.
4.6) Vacancies - Any vacancy in the Board of Directors shall be filled by an affirmative vote of a
majority of the remaining directors of the Board, through less than a quorum, and each person so
elected shall be a Director until his successor is elected by the Directors who make such election at
their next annual meeting or any meeting duly called for that purpose.
4.7) Annual Meeting - The Annual Meeting of the Board of Directors of the Corporation shall
be held during the months of April or May, with the exact date to be determined by the President.
4.8) Monthly Meetings - The Board of Directors shall meet monthly, with the July meeting
optional at the discretion of the Board, on the third Monday, or such other time as determined by
the by the Board, of every month. The meeting place and time shall be set by the President, and
each director shall receive five (5) days written notice of such meeting.
Special meetings of the members shall be held at the same place and time of any monthly meeting of
the Board of Directors, unless the Board determines otherwise. The business to be conducted at
such special meetings shall be limited to those matters required by Minnesota Statutes Chapter 249
to be presented to the members.
4.9) Special Meetings - The President or any of the other three (3) officers may call for a special
meeting of the Board of Directors at any time throughout the year upon giving five (5) days written
notice to all other Directors, such notice to state the purpose of the meeting.
4.10) Quorum - A quorum for an official meeting at which business may be transacted shall be
one -third of the current members of the Board of Directors. If a quorum is present when a duly
called meeting is convened, the Directors present may continue to transact business until
adjournment, even though the withdrawal of a number of directors originally present leaves less
than one - third.
4.11) Order of Business - The meetings shall be conducted in accordance with Roberts Rules of
Order, Revised, and the suggested order of business at any meeting of the Directors shall be:
1. Roll Call.
2. Proof of due notice of meeting, or unanimous consent, or unanimous presence and
declaration by the President.
Amended 11/17/03 4
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3. Reading and disposal of any unproved minutes.
4. Reports of officers, directors, and committees.
5. Election of officers.
6. Unfinished business.
7. New business.
8. Adjournment.
4.12) Informal Action by Directors - Any action required to be taken at a meeting of the
Directors, or any other action which may be taken at a meeting of the Directors, may be taken
without a meeting and notice thereof if a consent in writing, setting forth the action so taken, shall
be signed by all of the Directors entitled to vote with respect to the subject matter set forth.
4.13) Removal of Directors - The Board of Directors may remove at any time, for cause or
without cause, any Director of the Corporation by an affirmative vote of three - fourths (3/4) of the
Directors after giving notice to the Director in question and providing such director with an
opportunity to be heard by the Board at a monthly or special meeting.
ARTICLE 5
OFFICERS
5.1) Number - The Officers of the Corporation shall include a President, Vice - President, a
Treasurer and a Secretary. The Executive Committee will be comprised of the Officers of the
Corporation. No two (2) offices may be held by one (1) person.
5.2) Election, Term of Office and Qualifications — The Officers of the Corporation shall be
elected as set forth in Article 4.3 hereof. The officers of the Corporation will include a President, a
Vice - President, a Treasurer and a Secretary. Such officers shall hold office until the next annual
meeting or until their successors are elected and qualified; provided, however, that any officer may
be removed with or without cause by the affirmative vote of a majority of the whole Board of
Directors.
5.3) The President - The President shall have general active management of the business of the
Corporation. He shall preside at all meetings of the Corporation and he shall preside at all meetings
of the Directors. He shall see that all orders and resolutions are carried into effect. He shall be ex-
officio, a member of all standing committees. He shall execute and deliver in the name of the
Corporation any deeds, mortgages, bonds, contracts, or other instruments pertaining to the
business of the Corporation, as may be prescribed from time to time by the Board of Directors, and
Amended 11/17/03 5
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in general shall perform all duties usually incident to the office of president, and such other duties
as may from time to time be assigned to him by the Board.
5.4) Vice - President - The Vice - President shall have such powers and shall perform such duties
as may be specified in these By -Laws or prescribed by the Board of Directors. In the event of
absence or disability of the President, the Vice - President shall succeed to his powers and duties in
the order in which they are elected or as otherwise prescribed by the Board of Directors.
5.5) Secretary - The Secretary shall be secretary of and shall attend all meetings of the
Corporation and Board of Directors. He shall act as clerk thereof and shall record all the
proceedings of such meetings in the minute book of the Corporation. He shall give proper notice
of all meetings of the Corporation and Directors. He shall also perform such other duties as may be
prescribed from time to time by the Board of Directors.
5.6) Treasurer - The Treasurer shall keep accurate accounts of all monies of the Corporation
received or disbursed, with the exception of the gambling accounts and funds. He shall deposit all
monies, drafts, and checks in the name and to the credit of the Corporation in such banks and
depositories as the Board of Directors shall designate from time to time. He shall endorse for
deposit all notes, checks and drafts received by the Corporation as ordered by the Board of
Directors, making proper vouchers therefore. He shall disburse the funds of the Corporation as
authorized by the Board of Directors. He shall file the required tax returns on behalf of the
Corporation in the manner required by law within the required time period after the end of the
Corporation's fiscal year; currently May 31. He shall render to the President and the Board of
Directors whenever required, an account of all of his transactions as Treasurer and of the financial
condition of the Corporation and shall perform such other duties as may be prescribed by the Board
of Directors. The Treasurer shall be bonded for the amount of $50,000.00 and shall ensure that
two individuals sign on all checks disbursing Corporation funds. The Treasurer is responsible for a
preliminary budget for the Corporation to be presented by the August meeting. The annual budget
shall be finalized and approved by the Board of Directors by the October meeting. All non - budget,
requested expenditures in excess of $250.00 must first be submitted to the Treasurer, which will be
brought to the Executive Committee (Officers of the Corporation) prior to submission for approval
by the Board of Directors.
5.7) Officers Shall Not Lend Corporate Credit - Except for the proper use of the Corporation,
no officer of this corporation shall sign or endorse in the name or on behalf of this corporation, or
in his official capacity, any obligations for the accommodations of any other party or parties, nor
shall any check, note, bond, stock certificate or other security or thing of value belonging to this
company be used by any officer or director as collateral for any obligation other than valid
obligations of this corporation.
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ARTICLE 6
FINANCIAL AND PROPERTY MANAGEMENT
6.1) Fiscal Year - The fiscal year of the Corporation shall be set by the Board of Directors.
6.2) Audit of Books and Accounts - The books and accounts of the Corporation shall be audited
at such times as may be ordered by the Board of Directors.
6.3) Contracts - The Board of Directors may authorize any officer or officers, agent or agents,
to enter into any contract or execute and deliver any instrument in the name of and on behalf of the
Corporation, and such authority may be general or confined to specific instances.
6.4) Checks - All checks, drafts, or other orders for the payment of money, notes, or other
evidences of indebtedness issued in the name of the Corporation shall be signed by the Treasurer or
such other officer or officers, agent or agents of the Corporation and such manner as shall from
time to time be determined by a resolution of the Board of Directors.
6.5) Deposits - All funds of the Corporation not otherwise employed shall be deposited from
time to time to the credit of the Corporation in such banks, trust companies, or other depositories
as the Board of Directors may select.
ARTICLE 7
GAMBLING
7.1) The Gambling Manager will be hired by the Executive Committee and approved by the
Board of Directors. Compensation for the gambling manager will be determined by the Executive
Committee and ratified by the Board of Directors. The gambling manager must be a member of the
Corporation a minimum of 2 years prior to being hired. The gambling manager cannot be an
elected officer of the Corporation.
7.2) It is the responsibility of the gambling manager to comply with the internal controls and
appropriate Minnesota State Gambling laws established for the operation of the gambling activity.
The gambling manager shall be responsible for the accounting of all gambling monies received or
disbursed.
7.3) The gambling manager is responsible for hiring personnel to operate the gambling activity.
The gambling manager must set employment policies and have them approved by the Board of
Directors.
7.4) The gambling manager will be a voting member of the Board of Directors of the
Corporation.
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7.5) All voting members of the Corporation, as defined by Section 3.7, shall have equal voting
rights with all other members to vote on all gambling issues.
ARTICLE 8
WAIVER OF NOTICE
7.1) Requirement of Waiver in Writing - Whenever any notice whatsoever is required to be
given by these By -Laws or the Articles of Incorporation of the Corporation or any of the Corporate
Laws of the State of Minnesota, a waiver thereof in writing, signed by the person or persons
entitled to said notice, either before, at, or after the time stated therein, shall be deemed equivalent
thereto.
ARTICLE 9
PROCEDURES AND POLICIES
8.1) The Board of Directors shall review at least annually, the rules and regulations for a)
hockey training and practices, b) the playing of hockey games, c) the selection of coaches, teams,
players, and officials, d) fund raising efforts, and e) all other items of importance to the welfare,
interest, and safety of the Board of Directors and all association members including players,
parents, coaches, and other officials and/or volunteers.
8.2) The Board of Directors shall decide all matters pertaining to the finances of the
Corporation's hockey program on an annual basis. All income for the house or travel team
programs shall be placed in a common league treasury unless revised on an annual basis by a two -
thirds (2/3) vote of all members of the Board of Directors. Funds shall not be solicited or
contributions be permitted to either a team or to individuals unless special approval is given on
annual basis or by a two - thirds (2/3) vote of all members of the Board of Directors. This
regulation is to endeavor to achieve equality of benefit and opportunity to all individuals, teams,
and leagues within the Program and discourage favoritism and inequity wherever possible. It also
provides control over the entire Program by the Board of Directors.
8.3) The Board of Directors duly authorizes the parents to form a Hopkins Youth Hockey
Booster Club to work for the benefit and interest of the youth hockey program.
ARTICLE 10
AMENDMENTS
9.1) Action by Board of Directors - The Board of Directors of the Corporation is expressly
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authorized to make By -Laws of the Corporation and from time to time to alter or repeal By -Laws
so made. In so acting, the Board of Directors may do so only upon vote of two- thirds (2/3) of the
entire Board of Directors then in office at any such meeting, provided that at least two (2) weeks
written notice of such proposal of amendment shall have been given to the Directors in the notice
of such meeting.
ARTICLE 11
INDEMNIFICATION
10.1) The Corporation shall indemnify such persons, for such expenses and liabilities, in such
manner, under such circumstances, and to such extent as permitted by Minnesota Statutes
302A.521, as now enacted or hereafter amended.
The undersigned Secretary hereby certifies that the foregoing By -Laws were adopted as the
complete By -Laws of the Corporation by the Board of Direc : said Corporation on this
i 1 day of 1\.60 0,-,-4170 , 2003.
Amended 11/17/03 9