CR 09-050 Approve the Sale of Pull Tabs by the Raspberry Festival at the Hopkins Area Jaycees' Dances During Raspberry FestivalK 1 11 6 :5
June 11, 2009 Council Report 2009 -050
Approve the Sale of Pull Tabs by the Raspberry Festival
At the Hopkins Area Jaycees' Dances During Raspberry Festival
Proposed Action
Staff recommends adoption of the following motion: approve the sale of pull tabs by the
Raspberry Festival at the Hopkins Area Jaycees' dances during Raspberry Festival.
Overview
The Raspberry Festival has requested permission to sell pull tabs at the Friday and
Saturday night dances during Raspberry Festival. These sales would be off premises
sales. Gambling Control allows this, but requires a letter of approval from the City.
City Policy 4 -A, Gambling Policy, section 2.03 states that 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. M.S. 349.166 does not mention
the sales of pull tabs.
Because the policy would not allow off premises sales, Council approval is required for
the Raspberry Festival to do so.
Alternatives
• Approve the sale
• Deny the request
• Continue for more information
Supporting Documents
Copy of letter from Raspberry Festival requesting approval for off premises sales
Copy of Policy 4 -A, Lawful Gambling
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Terry Obermaier, City Clerk
Financial Impact: $ NONE Budgeted: Y/N Source:
Related Documents (CIP, ERP, etc.):
Notes:
June 2, 2009
Ms. Terry Obermaier
Hopkins City Clerk
With contributions down from many businesses this year, we need to find ways of
generating income for us to provide a fun and memorable 75 Raspberry Festival
Anniversary. We would like to do a two night off site pulltab event. The dates
would be July 17 and 18 at the tent dance area for which we would be providing
our own security and equipment.
In compliance with Gambling Control Board (GCB), we need a letter of approval
from the city. This does not effect our current premise permit, and no additional
fees are due.
I have already been in contact with GCB and they have informed me that a
very common request and would approve it once we received your letter.
Thank you for your attention to this matter, should you have any questions, please
feel free to contact me at 952- 452 -2338.
Sincerely
Sue Normandin
Gambling Manager
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 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
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 liquor 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 An investigation 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