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1997-121 - CITY OF HOPKINS HennepinCounty, Minnesota RESOLUTION NO. 97-121 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-A - Lawful Gambling needs to be amended; and WHEREAS, the City Council has determined that the unrestricted spread of gambling could have an adverse impact on the community; and . WHEREAS, the City Council recognizes the unique character of bingo and desires to restrict the number of locations where it can be played; and WHEREAS, the City Council desires organizations to demonstrate the support of their membership to conduct gambling; NOW THEREFORE BE IT RESOLVED, that the City Council of the City of Hopkins hereby amends the attached Legislative Policy #4-A. Adopted by the City Council of the City of Hopkins this 16th day of December, 1997. " . -).i" POLICY 4-A 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 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 from 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 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. 2.09 The gambling manager shall be an active member of the organization issued the license and shall qualify under state law. 2.10 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. 2.11 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. 2.12 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 liccnsed organizations submitting a Premises Permit Rencwal Application or Applications for approval by the City. Established 11/19/85 by Resolution 85-3218 Revised 4/19/94 City of Hopkins