CR 94-74 Amend #4-D Lawful Gambling
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. April 13, 1994 ~ Council Report 94-74
AMEND LEGISLATIVE POLICY #4-D
LAWFUL GAMBLING
Proposed Action
Staff recommends that the Council approve the following motion: Move that the Hopkins City
Council adopt Resolution #94-41. amendino Leoislative Policy #4-0.
Adoption of this motion will amend the City's Lawful Gambling policy by clarifying the language
regarding the criteria an organization must meet in order to receive a license in Hopkins.
Overview
In 1987, the City established a policy for regulating lawful, or charitable, gambling in Hopkins.
Since that time the state statute regarding gambling has been amended several times. There are
three sections in the City's policy which refer to specific sections of the state law. These sections
of the state law have been renumbered. The City's policy now needs to be amended to change
these references.
. Primary Issues to Consider
. What are the proposed changes?
The current policy refers to M.S. 349.12, Subd. 11 in regard to the definition of an
organization which may receive a gambling license. This subdivision no longer contains
this definition. I have removed any reference to this subdivision and substituted the actual
definition which is contained in the Minnesota statute. The City's policy also contains a
reference to M.S. 349.214. This section, which concerns such activities as raffles, is now
M.S. 349.166.
. Are there any substantive changes to the policy?
The proposed changes do not change the meaning or intent of the City's gambling policy.
Supportina Information
. Resolution #94-41
. Legislative Policy #4-0
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Ja A. Genellie
stant City Manager
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POLICY #4-D
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LA WFUL GAMBLING
1. PURPOSE
1.01 The purpose of this policy is to establish a gambling policy for lawful gambling in the City of
Hopkins.
2. REGULA nONS
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 fraternal, religious, veterans or other Ron profit organization engaged in a
lawful purpose defined in M.S. 349.12, Subd. 11 and whose principal location or office is
within the City of Hopkins.
e 2.03 The organization defined in Section 2.02 must be engaged in its activities acth'ely in pursuit
of the lawful purposc dcfiRcd in said Subdivision 11 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.
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. 319.214 349.166.
2.05 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
seperately conduct the same game at the same time at one location.
2.06 The operation of gambling devices and the conduct of bingo and raffies 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.
2.07 The gambling manager shall be an active member of the organization issued the license and
shall qualify under state law.
2.08 Participants in raffies, 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.
Legislative Policy Manual
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2.09 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.
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 recepient, 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.
2.10 A fee of $100.00 shall be charged to all licensed organizations submitting a Premises Permit
Renewal Application for approval by the City.
Established 8/18/87
Revised 10/5/93
City of Bopkins
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Legislative Policy Manual
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. CITY OF HOPKINS
Hennepin County, Minnesota
RESOLUTION NO. 94-41
WHEREAS, the City Council of the City of Hopkins has approved a document entitled
the Legislative Policy Manual to provide uniform guidelines on City policies so that
actions taken are consistent and fair; and
WHEREAS, additions and revisions to this manual may be implemented by resolution of
the City Council; and
WHEREAS, the Hopkins City Council has determined that Legislative Policy #4-0 needs
to be amended in order to clarify the intent of this policy;
NOW THEREFORE BE IT RESOLVED, that the City Council of the City of Hopkins
hereby amends the attached Legislative Policy #4-0.
e Adopted by the City Council of the City of Hopkins this 19th day of April, 1994.
By
Charles O. Redepenning, Mayor
ATTEST:
James A. Genellie, City Clerk
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