CR 08-075 (Application for Charitable Gambling Premises Permit Hopkins Youth Hockey AssociationAugust 13, 2008 Council Report 2008 -075
Proposed Action
Staff recommends adoption of the following motion: adopt resolution 2008 -046,
resolution approving a premises permit for the Hopkins Youth Hockey Association at
Mainstreet Bar and Grill, 814 Mainstreet.
Overview
The Hopkins Youth Hockey Association has applied for a premises permit to sell pull -
tabs at Mainstreet Bar and Grill.
In November, 2007, the City Council approved a premises permit for the Jaycees at this
location for the years 2008 and 2009.
Primary Issues to Consider
Supporting Documents
• Does the City allow more than one charitable establishment to conduct the same
game at the same location?
• Resolution 2008 -046
• Copy of Policy 4 -A, Lawful Gambling
• Lease Termination agreement from the Hopkins Area Jaycees
• Letter from the Hopkins Youth Hockey Association
• 2006/2007 List of Charitable Gambling Donations /Lawful Purpose Expenditures
• Copy of Premises Permit application is available in City Clerk's office
Application for Charitable Gambling Premises Permit
Hopkins Youth Hockey Association
Terry Obermaier, City Clerk
Financial Impact: $ Budgeted: Y/N Source:
Related Documents (CIP, ERP, etc.):
Notes:
Council Report 2003 -046
Page 2
• Does the City allow more than one charitable establishment to conduct the
same game at the same location?
Section 2.07 of Policy 4 -A, Lawful gambling reads: 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.
The first part of the paragraph indicates that two organizations can conduct gambling at
the same location; however, the last sentence states that they cannot both conduct the
same game.
The Hopkins Area Jaycees has provided the City with a copy of their agreement
with Mainstreet Bar and Grill to terminate their premises permit. They feel it will be
mutually beneficial to have the Youth Hockey Association take over the gambling at
the Mainstreet Bar and Grill.
• Alternatives
1. Approve the application
2. Continue the item for more information.
3. Deny the application
Staff recommends alternative one.
WHEREAS, the Hopkins Youth Hockey Association has been an
integral part of the Hopkins Community, and
WHEREAS, the Hopkins Youth Hockey Association has applied for a
gambling license to conduct lawful gambling in 2008 and 2009, and
WHEREAS, the Hopkins Youth Hockey Association has 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 Youth Hockey Association
Premises Permit application for Mainstreet Bar & Grill, 814 Mainstreet,
Hopkins.
Adopted by the City Council of the City of Hopkins, Minnesota, this 19 day
of August, 2008.
ATTEST:
CITY OF HOPKINS
HENNEPIN COUNTY, MINNESOTA
RESOLUTION 2008 -046
RESOLUTION APPROVING A GAMBLING
LICENSE FOR THE HOPKINS YOUTH HOCKEY ASSOCIATION
Terry Obermaier, City Clerk
Eugene J. Maxwell, Mayor
1. PURPOSE
POLICY 4 -A
LAWFUL GAMBLING
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.
2.1 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.
Legislative Policy Manual -- Chapter 4 -A
Established 1 1/19/85 by Resolution 85 -3218
Revised 10/5/1993
Revised 4/19/94
Revised 12/16/97
Revised 8/19/2003
City of Hopkins
2
This Termination Agreement is made on thisl\ day of July, 2008 between Main Street Bar & Grill
and Robert M. Byer (collectively referred to as "Main Street), and Hopkins Area Jaycees ( "HAJ ").
WHEREAS, Main Street and HAJ entered into a Lease for Lawful Gambling Activity on or
about October 22, 2007 ( "Lease "); and
WHEREAS, Main Street desires to terminate the Lease pursuant to its terms; and
WHEREAS, HAJ is amenable to allowing Main Street to terminate the Lease;
THEREFORE, for good and valuable consideration, the parties agree to the following:
1. HAJ acknowledges that on June 11, 2008, Main Street provided HAJ with at least 60 days
notice of its intent to terminate the Lease.
2. HAJ and Main Street mutually agree that the Lease shall terminate at or up to 24 hours prior to
11:59 p.m. on August 31, 2008.
3. HAJ shall be allowed to operate it's charitable gambling activities until the time and date of the
termination. HAJ reserves the right to modify hours of operation due to staffing changes.
4. HAJ reserves the right to remove the pulltab booth, the white board, and/or any other property
owned by HAJ within one week before or after the termination date.
IN WITNESS WHEREOF, the parties have executed this Termination Agreement on the date
first above written.
MAIN STREET BAR & GRILL
Robert M. Byer, Presid
Dated: /z,
Subscribed and sworn before me
this day of July, 2008
TERMINATION OF LG215
LEASE FOR LAWFUL GAMBLING ACTIVITY
KAM ANN SO SEN
NOTARY PUBUC -MINNESOTA
ot
an �Ms8OH aPIRES
HOPKINS AREA JAYCEES
Jacquelman, Gambling Manager
g g
Dated: `4/ / Z
July 30, 2008
To whom it may concern:
Hopkins Youth Hockey Association (HYHA) extends it's appreciation to the city of Hopkins for
considering its gaming license application located at Mainstreet Bar & Grill. We believe
community involvement and support is the cornerstone for our organization and that this
expansion will not only directly benefit HYHA, but also others in need of the community.
It is the intent of HYHA to further expand its out reach to the community with the addition of
potential revenues from the expansion of its gaming activities. HYHA has consistently considered
and acted upon requests for donations outside its organization. We have donated annually to the
ICA food shelf and recently donated a Defibulator to the Hopkins Fire Department and $3000.00
to support the new Rotary Park Trail improvement located on 8 ave. For past donations see
attached schedule of donations for 06 -07 charitable disbursements.
Lastly, HYHA is dedicated to the improvement of the Hopkins Pavillion, as this is where it all
happens for us! The financial commitment required for the addition of the expanded locker room
facilities and shooting room at the Hopkins Pavillion would not have been possible without the
HYHA gaming operations. Also, discussions of improving the central park outdoor skating
facilities to include a purchase of an ice resrfacer is another example of its dedication to
improving the Hopkins Pavillion complex.
As HYHA moves forward to support future rink rats, we would welcome the opportunity to support
the Hopkins community through future efforts not explored to ensure our gaming activities benefit
all.
Regards,
2
Brady Bizal
HYHA President
Hopkins Youth Hockey Association • P[7 Hnx 117 Hopkins, MN 5 534
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