CR 2003-135 Charitable Gambling Premises Permit Applications By The Hopkins Area Haycees
T
.
August 28, 2003
Council Report 2003-135
CHARITABLE GAMBLING PREMISES PERMIT APPLICATIONS BY
THE HOPKINS AREA JAYCEES
Staff recommends approval of the following motion: Move that the Hopkins City Council
adopt Resolutions 2003-79, 80, and 81, approving the charitable gambling 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, 817-819 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 2003- 79, 80, and 81
. Legislative Policy 4-A, Lawful Gambling
. Statement of Revenues, Expenses and Changes in Profit Carry-over for the years
ended December 31, 2002 and 2001
. Complete financial Statement and Independent Auditor'~ Report, Years ending
December 31, 2001 and 2002 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
T~.Clk
erry ermaler, Ity er
Council Report 2003-135
Page 2
.
Alternatives
1. Approve Resolutions 2003-79, 2003-80 and 2003-81 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 2003-79
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 2004 and 2005, 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, 9'19 Cambridge Street, Hopkins.
Adopted by the City Council of the City of Hopkins, Minnesota, this 2nd day
of September, 2003.
Eugene J. Maxwell, Mayor
ATTEST:
Terry Obermaier, City Clerk
.
CITY OF HOPKINS
HENNEPIN COUNTY , MINNESOTA
RESOLUTION 2003-80
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 g'ambling
license to conduct lawful gambling in 2004 and 2005, 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 2nd day
of September, 2003.
Eugene J. Maxwell, Mayor
ATTEST:
Terry Obermaier, City Clerk
.
CITY OF HOPKINS
HENNEPIN COUNTY , MINNESOTA
RESOLUTION 2003-81
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 2004 and 2005, 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, 817/819
Mainstreet, Hopkins.
Adopted by the City Council of the City of Hopkins, Minnesota, this 2nd day
of September, 2003. .
Eugene J. Maxwell, Mayor
ATTEST:
Terry Obermaier, City Clerk
.
POLICy'4-A
LAWFUL GAMBLING
1.
1.01
PURPOSE
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 regi.stered 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 City 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 fr9m 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 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 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 s~rved 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. q 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.
.
~..I \.I'" """................... . ""......, "'.
HOPKINS JAYCEES, INC.
(LICENSE # 02298)
(MN 10# 7063456)
STATEMENT.oF REVENUES, EXPENSES AND CHANGES IN PROFIT CARRY-OVER
REGULATORY BASIS
. FOR THE YEARS ENDED DECEMBER 31, 2002 AND 2001
.2002 2001
'1 AMOUNT PERCENTAGE AMOUNT PERCENTAGE
I REVENUES
Pull.Tab Receipts $ 5,926,189 80.7% $ 5,593,801 82.1%
Raffle Receipts 542 0.0% 29,298 0.4%
P~ddle Wheel Receipts 1.414.583 19.3% 1.189,142 17.5%
Interest Income 0 0.0% 0 0.0%
Revenues Collected $ 7.341.314 100.0% $ 6.812.241 100.0%
COST OF REVENUES
Pull-Tab Prizes $ 4.931.483 67.2% $ 4,640,785 68.1%
I Raffle Prizes 641 0.0% 15,793 0.2%
,
Paddle Wheel Prizes 1.269.981 ~ 1.058.955 15.6%
Cost of Revenues $ 6.202.107 84.5% 5.715.533 83.9%
I
:, GROSS PROFIT $ 1,139,207 15.5% $ 1.096,708 16.1%
il .ALLOWABLE EXPENSES $ 668,611 9.1% $ 662.194 9.7%
t
J REVENUES IN EXCESS OF
f ALLOWABLE EXPENSES $ 470.596 6.4% $ 434.514 6.4%
!
l ".. LAWFUL PURPOSE EXPENDITURES
J. Gambling Taxes:
State 10% and Co~bined Receipts Tax $ 278,818 3.8% $ 261,797 3.8%
IT ' State Ideal Gambling Taxes 133,647 1.8% 116.566 1.7%
'~ Ideal Tax Refund (25,468) -0.3% (26.043) -0.3%
if:
1 Total Gambling Taxes $ 386,977 5.3% $ 352,320 5.2%
, ,
Board Approved Expenditures $ 0 0.0% $ 3,500 0.1%
Program Expenditures 58,934 0.7% 94,378 1.3%
1 Prior Year Audit 4.000 0.1% 3.000 0.1%
Total Lawful Purpose Expenditures $ 449.911 6.1% $ 453.196 6.7%
'it
I REVENUES IN EXCESS OF EXPENSES
f
/ BEFORE INCOME TAXES $ 20,685 0.3% $ (18,684) -0.3%
".
i
I INCOME TAXES 0 0.0% 0 0.0%
\
:t
! REVENUES IN EXOESS OF EXPENSES $ 20,665 03% $ (18,684) -03%
,
i
) PROFIT CARRY-OVER BEGINNING (9.792) 8.892
PROFIT CARRY.OVER - ENDING $ 10893 $ 19 792\
If
.
See accompanying Notes to Financial Statements.
(3)
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Minnesota Lawful Gambling , ,
LG215 Lease for Lawful Gambling Activity
Name of legal owner ~f '?iemises Street address , City .
l./"he Ikltfl/{) J..L..<:.- /:).9/8 ~<!J;$"t-I" ;11T/(~
Name of lessor Street address City
(If same as legal owner, write In "SAME") .
;;oa~e~ 4.),~'" .,..d~/' ~<:....
Name of leased premises Street address
J-IWOf;.(: 5 - I t1 CAM&R-\D&f::-
Name of lessee (organizatiolJJeaslng e pre"11ses) Daytjme phone
('I \/'IS ~" cic;:,S q5J,-~1-0)
Rent Information (for activity invoMng pull-tabs, t1pboards, paddlewheels, and pull-tab dispensing devices)
Booth oper~tion - sales of gambling' equipment by an emplOyee (or Bar operation. sales of gambling equipment within a leased
volunteer) of a licensed organization within a separate enclosure that is premises by an employee of the lessor from a common area where
distinct from areas where food and beverages are sold. food and beverages are also sold.
. 6/03
Page 1 of 2
. State
tfJ1 "
State
Zip Daytime phone
9":9YS7lf} ~,j .
Zip Daytime phone
,
1;1!f .
r-------DO~YO~~aniZati~~any~her~anlza~~nductgamblln9-------'
. from a booth operation at this location? Yes _ No -
L_______________~____________________~
If you answered yes to the question above, rent limits are
based on the following combinations of operation:
- Booth operation
Booth op'eration 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% oftqe}';oss profits per month.
Percentage to be paid --fJ-L-%
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 C: $0 to $400 per month may be paid on the first $4,000
of gross profit. 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 %
If you answered no 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
The maximuni rent allowed may not ex<;eed $2,000 In'
total per month for all organizations at this premises.
Complete one option:
Option A: 0 to 20% of the gross profits per month.
Percentage to be paid %
Option Bt 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 $200 per month may be paid on the first $1,000 .
of gross profits. Am~unt to be paid.$ . Plus 0% to
20% of the gross profits may be paid per month on gross profits
over $1,000. Percentage to be paid %
NOTE: If there are any other terms or conditions for rent-related expenses,
they must be Identified on page 2 under Acknowledgment of Lease Terms.
Bingo and/or Bar Bingo OcCasions Rent Informatiom Bingo
Rent for bingo and all other gambling activities Noon Hour Bingo Occasions
conduct~(rduring a bingo occasion. may not exceed: Rent may not exceed $25 per day for noon hour
· $200 per oCcasion for up to 6,000 square feet
. $300 per occasion for up to 12,000 square feet .bingo conducted ,between 11 a.m. and 2 p.m. at a
. $400 per occasion for more than 12,000 square feet premises with a license' for the sale of Intoxicating
. $25 per occasion for bar bingo ronducted at any time In a beverages on the premises.
bar (regardless of square footage). Your organization
must conduct another form of lawful g'ambling, and the
premises must serve Intoxica.ting liquor or 3.2 percent ,Rent to be paid per bingo occasion $
malt beverages. ,
Rent to be paid per bingo occasion $
Amended
Lease
Only
If this Is an amended lease showing changes occurring during the term of the oJn'8nt premises pennit, both parties
that signed the lease must Initial and date all changes. Changes must be submItted to the Gambling Control Board
at least 10 days prlor to the change. Write in the date that the changes wlll be effective -.-1-.-1_'
Lessor Date OrganIzation Date_
-~-----~_.
.
.
.
.- - .'; -----.-----
LG215 Lease for Lawful Gambling Activity
Lease Term - The term of this lease agreement will be
cono.llTent with the premises pennit 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, the lessor's
Immediate family, and any agents or gambling employees of the
lessOr will not partldpate as players in the conduct of lawful
gambling 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 7861.0050, Subpart 3.
· 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, and the penalties for illegal
gambling violations In Minnesota Rules 7861.0050, Subpart 3.
· Notwithstanding Minnesota Rules 7861.0050, Subpart 3, an
organization must continue making rent payments, pursuant
to the terms of the lease, If the organization or Its agents are
found to be solely responsible for any Illegal gambling conducted
at that site that Is prohibited by Minnesota Rules 7861.0050,
Subpart 1, 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 shall 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 occurrence at the
site of Illegal gambling activity inwhlch 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.
6/03
Page 2 of 2
· The lessor, the lessor's immediate family, and any agents or
employees of the lessor will not require the organization to
perfonn any action that would violate statute or rule.
. If there is a dispute as to whether any of these' lease 'provisions
have been violated, the lease will remain in effect pending a final
" detennination by the Compliance Review Group (CRG) of the
Gambling Control'Board.
.. The lessor shall not modify or tennlnate this lease in whole or in
part due to the lessor's violation of the provisions listed In this
lease.
Arbitration Process - The lessor agrees to arbitration when a
violation of these lease prOVisions is alleged. The arbitrator shall be
the CRG~
Access to permitted premises - The Board and its agentc;, the
commissioners of revenue and publiC safety and their agents, and
law enforcement personnel have access to the permitted premises
at any reasonable time during the business hours of the lessor.
The organization has access to the pennitted premiSes during any
time reasonable and when necessary for the CDnduct of lawful
gambling on the premises.
Lessor records - The lessor shall 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 shall be
maintained for a period of 3-1/2 years. .
Rent all-inclusive - Amounts paid as rent by the organIzation to
the lessor are all-lndusive (except bingo rent). No other services
provided or contracted by the lessor may be paid by the
organization, induding but not limited to trash'removal, janitorial
and cleaning services, snow removal, lawn services, electricity,
heat, securitY, security monitoring, storage, other utilities or
services, and in the case of bar operations, compensation for cash
shortages. Any other eXpenditures made by an organization that Is
related to a leased premises must be app.roved by the director of
the Gambling Control Board. Rent payments may not be made to an
.lndMdual.
fli;
Questions on this fonn should be directed to the Licensing Section of the Gambling ntrol Board
ThIs publication will be made available in alternative format (I.e: large print, Braille) upon request If you use a TrY, you can
call the Board by using the Minnesota Relay Service and ask to place a call to 651-639-4000. The information requested on
this form 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 activities.
.
..
.
- ..........-.-------.---- ~
-. ---- ---~~-- -
Minnesota Lawful Gambling ,
LG215 Lease for Lawful Gambling Activity
Street address . City
f/?'tV sr: /
City
Name of legal ow
('"1, '7L:sJ. I ~ '
2::> 'C:...VC- P. ~c.JJ.t""~
Name of lessor street address
(If same ~gal o~te in "SAME")
N o.flea~misgsl street ad~ ass
( ) , cMN .L If(V
Na e oflessee (organization leasing the premises)
I-fO N~ 5A vt{:,~ -- ~OL.
Rent Information (for activity involving pull-tabs, tipbOards, paddlewheels, and pull-tab dispensing devices)
Booth operation. sales of gambling' equipment by an employee (or Bar operation - sales of gambling equipment within a leased.
volunteer) of a licensed organization within a separate enclOsure that Is premises by an employee of the lessor from a common area where
distinct from areas where food and beverages are sold. food and beverages are also sold.
6/03
Page 1 of2
State .
111\1
State
Zip
J>~'I3
Zip
/Gtus
r---~~~-Do~~~~anlzaU;ORa~Cfuer~gan!%~n~nductgambling-----~-I
from a booth operation at thIs locatIon? Yes _ No
L____________________________________J
If you ansWered yes to the question above, rent limits are
based on the follOWing combinations of operation:
- Booth operation
Booth operation and pUll-tab dispensing device
. Booth operation and bar operation .
Booth operation, bar operation, and pUll-tab dispensing device ,
The maxlmum rent allowed may not exceed $1,750 In
. total per month for all organizations aHilis premises.
Complete one option:
Option A: 0 to 10% OfjcrOSS profits per month.
Percentage to be paid %
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 C: $0 to $400 per month may be paId on the first $4,000
of gross profit. 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 _%
If you answered no 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
The maximuni rent allowed may not exceed $2,000 In
total'per month for all organizations, at this premises.
Complete one option:
Option A: 0 to 20% of the gross profits per.month.
Percentage 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 $200 per month may be paid on the first $1,000
of gross profits. Amount to be paid.$ . Plus 0% to
20% of the gross profits may be paid per month on gross profits
over $1,000. Pergentage to be paid % .
NOTE: If there are any other terms or conditions for rent-related expenses,
they must be Identified on page 2 under Acknowledgment of Lease Terms.
Bingo and/or Bar Blng~'Occasions . Rent Information:. Bingo
Rent for bingo and all other gambling activities Noon Hour Bingo Occasions
conduct~cr during a bingo occasion may not exceed: Rent may not exceed $25 per day for noon hour' .
. $200 per occasion for up to 6,000 square feet
. $300 per occasion for up to 12,000 square feet bingo conducted between 11 a.m. and.2 'p.m. at a
. $400 per occasion for more than 12,000 square feet premises with a license for the sale of Intoxicating
. $25 per occasion for bar bingo conducted at any time In a beverages on the premises.
bar (regardless of square footage). Your organization
must conduct another form of lawful gambling, and the
premises must serve Intoxica,t1ng liquor or 3.2 percent
m.alt beverages. .
Rent to be paid per bingo occasion $
If this is an amended lease showing changes occurring during the tenn of the current premises pennit, both parties
that signed th~ lease must Initial and date all changes. Changes must be submitted to the Gambling Control Board
at least 10 days prior to the change. Write in the date that the changes will be effective -1----1_.
Lessor Date Organization Date_
Amended
Lease
Only
Rent to be paid per bingo occasion $
,:..:;:::..:;=="-=--..------ --
.
6/03
Page 2 of 2
· 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.
. If there is a dispute as to whether any of these lease provish;ms
have been violated, the lease will remain in effect pending a final
determination by the Compliance Review Group (CRG) of the
Gambling Control'Board.
. The lessor shall not modify or termlnamthis lease in whole or In
part due to the lessor's violation of the provisions listed In this
lease. '
LG215 Lease for Lawful Gambling Activity
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, the lessor's
Immediate family, and any agents or gambling employees of the
lessor will not partldpate as players In the conduct of lawful
gambling 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 7861.0050, Subpart 3.
· To the best of the lessor's knowledge, the. lessor affinns that
any and all games or devices located qn 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, and the penalties for Illegal
gambling violations In Minnesota Rules 7861.0050, Subpart 3.
. Notwithstanding Minnesota Rules 7861.0050, Subpart 3, an
organization must continue making rent payments, pursuant
to the terms of the lease, If the organization or Its agents are
found to be solely responsible for any Illegal gambling conducted
at that site that Is prohibited by Minnesota Rules 7861.0050,
Subpart 1, or MinneSota Statutes 609.75, unless the
organization's agents responsible for the illegal gambling
actlvity are l:llso agents or employees of the lessor..
~ The lessor shall 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 occurrence at the
site of illegal gambling activity in which the organization did not
partidpate.
Other Prohibitions
. The lessor will not Impose restrlctlons on the organization with
respect to providers (distributors) of gambling-related equipment
and services or in the use of net profits for lawful purposes.
Arbitration Process - The lessor agrees to arbitration when a
violation of these lease provisions 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 to the pennitted premises
at any reasonable time during the business hours of the I~or.
The organization has access to the permitted premises duting any
time reasonable and when necessary for the conduct of lawful
gambling on the premises.
Lessor records - The lessor shall 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. shall be
maintained for a period of 3-1/2 years.
Rent all-inclusive - Amounts paid as rent by the organization to
the lessor are all-lndusive (except bingo rent). No other services
provided or contracted by the lessor may be paid by the
organization, Including but not limited to trash'removal, janitorial
and cleaning services, snow removal, lawn services, electrldty,
heat, security, security monitoring, storage, other utilities or
services, and In the case of bar operations, compensation for cash
shortages. Any oth'er expenditures made by an organization that Is
related to a leased premises must be app.roved by the director of
the Gambling Control Board. Rent payments may not be made to an
Individual.
Acknowledgment of Lease Terms.
All 'obllgations and agreements are contained in or attached to this lease. I affirm that the lease information is the total and only
agreement between the lessor and the organization. There Is no other agreement and no other consideration required between tI1e
parties as to the lawful gambling and other matters related to the lease. "Any changes In this lease will be submitted to the Gambling'
Control Board at least 10 days prior to the effective date of the change.
Other Terms or conditions:
~fgn~ture .~f orgaf'zation official (Lessee)
~ (.0... W'-' ~~ ,.
fTec)~, ,enroc..U " r c:. Print.- and f!!!.e 0 ~s.
Questions on this fonn should be directed to the Ucenslng Section of the Gambling Control Boar (Board) at 651-639-4000.
This publication will be made available In alternative format (i.e: large print, Braille) upon request. If you use a IT(, you can
call the Board by using the Minnesota Relay Service and ask to place a call to 651-639-4000. The Information requested on
this form will become public Information when received by the Board, and will be used to detennine your compliance with
Minnesota statutes and rules governing lawful gambling activities.
.
t'.,
(,.~ Il1~
)----
.
Minnesota Lawful Gambling .
LG215. Lease for Lawful Gambling Activity
Ci):y
,/
.
Name of legal owner of premises
V
Street address
6/03
Page 1 of 2
r ,- - - - - - - Do;;; you~;;nizatlo;- OR any -;;ther -;ganlza'tlon -;onduct gambling -=-.- - - ,- - - .,
from a booth operation at this location? _ Yes _ No
L___~____~___________________________~
.'
If you answered yes to the question above, rent limits are
based on the following combinations of operation:
- 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 thr ~oss profits per mqnth.
Percentage to be paid ' %
Option B: When gross profits are $4,000 'or less per month, $0 to
$4()0 per. month may be paid. Amount to be paid $
. .
Option C: $0 to $400 per month may be paid on the first $4,000
of gross profit. 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 %
If you answered no to tile 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
The maximum rent allowed may not exceed $2,000 in
total per month for all organization~. at this premises. ,
Complete one option:
Option A: 0 to 20% of the gross profits per month.
Percentage to be paid %
Option Bt 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 $200 per month may be paid on the first $1,000
of gross profits. Am9unt to be paid.$ . Plus 0% to .
20% of the gross profits may be paid per month on gross profits .
over $1,000. Percentage to be paid %
NOTE: If there are any other terms or conditions for rent-related expenses,
they must be identified on page 2 under Acknowledgment of Lease Terms.
Bingo and/or Bar Bingo 'Occasions Rent Information: Bingo
Rent for bingo and all other gambling activities Noon Hour Bingo Occasions
conduct~(r during a bingo occasion may not exceed: Rent may not exceed $25 per day for noon hour
. $200 per occasion for up to 6,000 square feet
. $300 per occasion for up to 12,000 square feet bingo conducted between 11 a.m. and 2 p.m. at a
. $400 per occasion for more than 12,000 square feet premises with a license for the sale of Intoxicating
. $25 per occasion for bar bingo conducted at any time in a beverages on the premises.
bar (regardless of square footage). Your organization
must conduct .another form of lawful gambling, and the
premises must serve intoxica.ting liquor or 3.2 percent
~alt beverages.
Rent to be paid per bingo occasion $
If this Is an amended lease showing changes occurring during the term of the a.rrrent premises permit, both parties
Amended that signed the lease must initial and date all changes. Changes must be submitted to the Gambling Control Board
Lease . at least 10 days prior to the change. Write in the date that the changes will be effective --1----1_.
Only Lessor Date Organization Date_
Rent to be paid per bingo occasion $
o '
\7 It
u i7~qPrJL
U~ ,
.---..-.-------------iJ~ - ~-----J;6'- n ~~-~ ~-- (/~.----d.~-~f;--
cl~ ~ p... ~ to cf') n~"",
-t>-_~ - ---,..--- - -- -~._._--- - .-
.
LG215 Lease for Lawful Gambling Activity
6/03
Page 2 of 2
Lease Term. The term of this lease agreement will be
concurrent with the premises pennit 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, the lessor's
Immediate family, and any agents or gambling employees of the
lessor will not partldpate as players in the conduct of lawful
gambling on l:I1e 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 7861.0050, Subpart 3.
. To the best of the lessor's knowledge, the lessor affinns 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, and the penalties for illegal
gambling violations in Minnesota Rules 7861.0050, Subpart 3.
. Notwithstanding Minnesota Rules 7861.0050, Subpart 3, an
organization must continue making rent payments, pursuant
to the tenns of the lease, if the organization or its agents are
found to be solely responSible for any illegal gambling conducted
at that site that Is prohibited by Minnesota Rules 7861.0050,
Subpart 1, 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 shall 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 occurrence at the
site of Illegal gambling activity In which the organization did not
partldpate. .
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, 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.
· If there is a dispute as to whether any of these lease provisions
have been violated, the lease will remain In effect pending a flnai
determination by the Compliance Review Group (CRG) of the
Gambling Control'Board. .
· The lessor shall not modify or terminate-this lease In whole or In
part due to the lessor's vioiatlon of the provisions listed in this.
lease.
Arbitration Process - The lessor agrees to arbitration when a
violation of these lease provisions 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 to the permitted premises
at any reasonable time durtng 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 la~1 .
gambling on the premises.
Lessor records - The lessor shall 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 shall be
maintained for a period of 3-1/2 years.
Rent all-inclusive - Amounts paid as rent by the organization to
the lessor are all-lndusive (except bingo rent). No other selVices
provided or contracted by the lessor may be paid by the
, organization, Including but not limited to trash'removal, janitorial
and deaning services, snow removal, lawn services, electrldty,
heat, seaJrity, security monitortng, storage, other utilities or
services, and In the case of bar operations, compensation for cqsh
shortages. Any other eXpenditures made by an organization that Is
related to a leased premises must be apRroved by the director of
the Gambling Control Board. Rent payments may not be made to an
Individual.
Acknowledgment of Lease Terms .
All obligations and agreements are contained in or attached ID this lease. I llffirm that the lease information is the total and only .
agreement between the lessor and the organization. There Is no other agreement and no other consideration required between the
parties as to the lawful gambling and other matters related to the lease. Any changes In this lease will be submitted to the Gambling
Control Board at least 1~ days prtor % ~ eff~J<~ate..of the change. .
Other Terms or condItions: S ~ rf:::: - III J
t
~fVtb (: ,1
A1tJ1 r
Questions on this form should be directed to the licensing Section of the Gambling Control Board (Board) at 651-639-408 .
This publication will be made available in alternative format (I.e: large print, Braille) upon request. If you use a l1Y, you can
call the Board by using the Minnesota Relay Service and ask to place a call to 651-639-4000. The information requested on
this form 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 activities.
7
ADMINISTRATIVE SERVICES
DEPARTMENT
MEMORANDUM
To:
FROM:
DATE:
SUBJECT:
Honorable Mayor and Members of the City Council
Steve Stahmer, Assistant to the City Manager ~
August 21, 2003
Completion of Hennepin County SW Corridor Rail Transit Study
The Southwest Corridor Rail Transit Study, which was conducted by Hennepin County, officially
concluded in July of 2003 with the final Policy Advisory Committee (PAC) meeting. The final study
document is currently being assembled and formatted by County staff. The following memorandum
summarizes the final recommendations made by the PAC, as well as other study findings directly
relevant to the City of Hopkins.
1. Routes recommended by the PAC to be retained for future study include:
1A - From TH312 in Eden Prairie to downtown Minneapolis via the HCRRA property and the
Kenilworth Corridor (Note: The PAC voted to include language labeling 1A as the "least
preferred" alternative).
2A - From the Southwest Metro Transit Station in Eden Prairie to downtown Minneapolis via 1-
494, the HCRRA property, and the Kenilworth Corridor.
.
3A - From Southwest Metro Transit Station in Eden Prairie to downtown Minneapolis via the
Eden Prairie Center Mall, the Golden Triangle, Opus, downtown Hopkins, the HCRRA
property and the Kenilworth Corridor (this is a modified version of the original 3A).
4A - From downtown Hopkins to downtown Minneapolis via the HCRRA property and the
Kenilworth Corridor.
2. Hopkins parking requirements for retained alignments:
Under the current parking assumptions for the routes recommended to be retained for future study,
anywhere from 36% to 70% of the total parking demand associated with the rail line has been
allocated to Hopkins, as detailed in the table below.
.
Parking Spaces in
HODkins
Total Parking All
Route Route TH169 Blake Road Cities
1a From TH 312 to downtown Minneapolis via
HCRRA ROWand the Kenilworth corridor. 1,360 300 4,560
2a From Southwest Metro Transit Station to
downtown Minneapolis via 1-494, the
HCRRA ROWand the Kenilworth corridor. 1 ,495 300 4,795
3a From Southwest Metro Transit Station to
(original 3A) downtown Minneapolis via TH 169 and the
Kenilworth corridor. 1 ,860* 300 4,560
4a From Hopkins to downtown Minneapolis via
the HCRRA ROWand the Kenilworth
corridor. 2,235 300 3,635
*Includes 200 spaces at end of the Hopkins spur.
of'
Next Steps
At the August 26, 2003 Hopkins City Council meeting, County staff will be on hand to present the
key study findings to the Council.
In October 2003, County staff will present their final recommendations to the HCRRA board with
regard to the next study phase. The HCRRA will make final decisions with regard to which routes, if
any, are retained for future study.
Hennepin County is currently discussing the possibility of a future study to delineate potential
alignment alternatives from downtown Hopkins to Eden Prairie which would incorporate the major
elements of the modified 3A route as described above. The County has been in contact with staff
from the relevant cities and with a consultant who would potentially conduct the study. In
preliminary discussions, potential general routes from Hopkins to Eden Prairie - which would serve
downtown Hopkins, Opus in Minnetonka, and the Golden Triangle area in Eden Prairie (triangle
formed by Highways 169,212 and 1-494) - have been discussed. Further meetings concerning this
study are planned, and I will keep the Council apprised of this effort.
The Hopkins Station Area Study, which Hennepin County has offered to fund, would begin
sometime after the Hopkins-Eden Prairie route study is complete.
Please let me know if you have any questions or comments regarding this matter. Thank you.
.
...;~ -I
Southwest Corridor
Rail Transit Study
STUDY PARTNERS
Hennepin County
Regional Railroad
Authority
E~en Prairie
Minnetonka
Hopkins
St. Louis Park
Minneapolis
Metro Transit
Southwest Metro Transit
Metropolitan Council
Three Rivers Park District
Local Chambers of
Commerce
~
SOUTHWEST NEWS
Volume 5
August 2003
The Southwest Rail Transit Study was a joint effort of the Hennepin County Regional Railroad
Authority (HCRRA) and the cities of Eden Prairie, Minnetonka, Hopkins, St. Louis Park, and
Minneapolis. The purpose of the Study was to determine if rail transit is a feasible part of the
overall transportation solution for the Southwest Metro Area. In July 2003, the Study
concluded with a recommendation to continue further study of light rail transit (LRT)
alignments.
THE PROBLEM fACING THE REGION
The Region Has Strong Residential and Emp/oyment GrowUJ = Increased Congestion
GROWTH
According to the US Census, this region added 430,000 new residents and 290,000 new jobs between
1990 and 2000, which equates to a 17% increase in population and a 23% increase in jobs. During this
same period, cities in the Southwest Metro Area added 34,000 new residents and 37,000 new jobs.
By 2030, this region will add 635,000 more people, 320,000 more households and 312,000 more jobs.
Cities in the Southwest Metro Area are expected to add another 63,000 residents and 79,000 jobs. In
2030, these cities will account for 25% of all regional employment and 17% of residents.
CONGESTION
At the same time that the region is growing, congestion is projected to worsen at a faster rate than in the
past due to increases in the amount of travel per person. Daily Vehicle Miles Traveled (VM1) is expected
to increase faster (+38%) than population growth (+28%) over the next 25 years.
The Texas Transportation Institute found that the Twin Cities' area is tied for second with Atlanta in the
growth of congestion. Currently, 65% of freeway travel in the Twin Cities occurs under congested
conditions.
THE CHALLENGE
This region must accommodate the projected growth while maintaining a competitive business
environment and improving the region's quality of life.
According to Mn/DOT, due to financial, physical, environmental and social constraints, roadway expansion
to solve congestion is severely limited. Plans developed by Mn/DOT and the Metropolitan Council to
manage the region's transportation system include both roadway and transit Improvements. A Southwest
transitway was included along with improvements to area roadways such as Interstate 494 and Highways
100, 169, 62, and 212 in those regional transportation plans.
SOUTHWEST TRANSITWAY GOALS
. Improve mobility.
. Provide a reliable/competitive travel choice.
. Serve population and employment concentrations.
. Provide for a seamless, integrated transit system.
. Reasonable cost.
. Enhance the environment.
. Enhance the Study area & region's quality of life.
. Promote economic development and redevelopment.
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STUDY PROCESS
The Study process included:
. Soliciting input from the public,
elected officials and agencies.
. Evaluating rail transit technologies.
. Evaluating rail transit routes.
. Identifying potential social, economic
and environmental impacts.
. Estimating ridership and costs.
.
A Policy Advisory Committee (PAC) and a
Technical Advisory Committee (TAC)
guided the Study. The TAC provided
technical input and prepared a technical
recommendation based on Study
findings. This TAC recommendation was
submitted to the Southwest PAC, which
provided policy oversight for the Study.
The Southwest PAC was composed of
elected officials or their representatives
from Hennepin County, partner cities,
agencies, and area businesses. The PAC
concluded their work in July 2003 with a
set of recommendations (see page 3)
that were forwarded to the HCRRA.
PUBLIC INVOlVEi\tlENT
A key component of the Southwest Rail
Transit Study was to engage and involve
the public.
. Thirteen community meetings were
held to inform the public about the
Study and to dialogue with them
regarding rail transit.
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. Over 25 special meetings with
neighborhood, community, and
business groups were held.
. 8 news releases were produced,
resulting in more than 50 articles in
local newspapers.
. Rve newsletters were mailed to
interested persons.
. A web site was maintained with Study
reports and meeting information.
A statistically valid survey conducted in
October 2002 showed that about 70% of
area residents support building LRT to
serve the Southwest Metro Area.
Percent of Residents who Support or Oppose
light Rat! In Th,s Area
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KEY STUDY FINDINGS
IMPROVE MOBILITY
A Southwest rail transitway is
estimated to carry between 16,500
and 19,500 trips per day, and to
reduce travel hours by 90,000 to
330,000 hours per year.
COMPETITlVE TRAVEL CHOICE
· A Southwest rail transitway would
provide afternoon rush hour travel
times that are competitive with the
private automobile. Travelers would
also benefit from a travel choice not
subject to delays caused by weather,
congestion and accidents.
REASONABLE COST
· The cost to construct a Southwest rail
transitway is estimated to range from
$431 to $926 million in 2010 dollars.
. The annual cost to operate a
Southwest rail transitway is estimated
to range from $7 to $26 million.
. In terms of capital and operating
costs, a Southwest rail transitway is in
the mid-range when compared to
operational LRT lines across the
country.
TRAILS & RAILS CO-EXISTENCE
. Trails and rails co-exist in many places
around the country, including the
Southwest metro area.
. Existing right-of-way is wide enough
for both trails (10 to 14 feet) and rails
(30 to 35 feet).
PERFORMANCE
· When compared to operating LRT
systems across the country, a
Southwest rail transitway ranks in the
middle in terms of cost-effectiveness,
service efficiency and service
effectiveness.
SERVICE TO POPULATION &
EMPLOYMENT
. A Southwest rail transitway would
serve over 31,000 households and
over 200,000 jobs, which are currently
located within a 1!2-mile radius of
proposed stations.
THE ENVIRONMENT
. A Southwest rail transitway is
projected to reduce carbon monoxide
emissions by 72,000 to 180,000 tons
annually.
ECONOMIC DEVELOPMENT!
REDEVELOPMENT
. Opportunities exist at the proposed
stations for development and
redevelopment that is compatible with
rail transit service. Examples include
the Elmwood area of St. Louis Park,
downtown Hopkins, the Golden
Triangle in Eden Prairie and the Opus
area of Minnetonka.
POLICY ADVISORY COMMmEE RECOMMENDATIONS
The Southwest PAC, a group composed of representatives from the County, the cities, transit agencies, trail agencies and
businesses, met six times during the course of the Study and developed a recommendation for consideration by the HCRRA. The
Southwest PAC recommended that study continue for LRT for the following four alternatives:
lA: from TH 312 in Eden Prairie to dow~town Minneapolis via the HCRRA property and the Kenilworth Corridor.
2A: from the Southwest Metro Transit Station in Eden Prairie to downtown Minneapolis via 1-494, the HCRRA property, and
the Kenilworth Corridor.
3A: from the Southwest Metro Transit station in Eden Prairie to downtown Minneapolis via the Eden Prairie Center Mall, the
Golden Triangle, Opus, downtown Hopkins, the HCRRA property, and the Kenilworth Corridor.
4A: from downtown Hopkins to downtown Minneapolis via the HCRRA property and the Kenilworth Corridor.
In addition, the next study phase will address a rail transit connection along the Midtown Greenway Corridor, environmental impacts
and mitigation measures, public involvement, and retention of the trails.
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The,Southwest PAC also recommended that the Diesel Multiple Unit (DMU) technology and LRT on Lyndale Avenue no longer be
included in future studies.
.
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NEXT STEPS
1. The Southwest PAC recommendations and the Study
findings were presented to the HCRRA on July 22,
2003.
2. During August/September 2003, the Study findings and
recommendations will be presented to the five city
councils.
3. In October of 2003, a staff recommendation on the
next Study phase will be presented to the HCRRA for
action.
For more information, visit the Southwest Study web
site at www.co.henneoin.mn.us/tcw/swhome.html. or
call 612-348-9260.
.
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