CR 11-019 Charitable Gambling Premises Permit Application for the Hopkins Raspberry FestivalFebruary 25, 2011 Council Report 2011-019
CHARITABLE GAMBLING PREMISES PERMIT APPLICATION FOR
THE HOPKINS RASPBERRY FESTIVAL
Staff recommends approval of the following motion: Move that the Hopkins City Council
adopt Resolutions 2011-012, approving the charitable gambling premises permit for the
Hopkins Raspberry Festival, 1022 Mainstreet.
Adoption of this resolution will allow the Hopkins Raspberry Festival to run charitable
gambling activities at the Wild Boar.
Overview
• The Hopkins Raspberry Festival has requested a charitable gambling license and
premises permit at the Wild Boar.
Primary Issues to Consider
• Does this organization meet the criteria of the City's gambling policy?
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Yes
• Has the organization conducted its past gambling operations in accordance with
state and local laws?
Yes
Supporting Documents
• Resolution 2011-012
• Legislative Policy 4-A Lawful Gambling
• Gambling License Application available in the City Clerk's office
Jgfiies A. Genellie
Assistant City Manager
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Council Report 2011-019
Page t
Alternatives
1. Approve Resolution 2011-012, approving a premises permit for Raspberry Festival
at 1022 Mainstreet
2. Do not approve the resolution.
3. Continue the item for more information.
Staff recommends alternative one.
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CITY OF HOPKINS
HENNEPIN COUNTY, MINNESOTA
RESOLUTION 2011-012
RESOLUTION APPROVING A GAMBLING
LICENSE FOR THE HOPKINS RASPBERRY FESTIVAL
WHEREAS, the Hopkins Raspberry Festival has been an integral part of the Hopkins_
Community, and
WHEREAS, the Hopkins Raspberry Festival has applied for a gambling license to
conduct lawful gambling at Wild Boar, and
WHEREAS, the Hopkins Raspberry Festival 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 Raspberry Festival Premises Permit Renewal application at
Wild Boar, 1022 Mainstreet, Hopkins.
Adopted by the City Council of the City of Hopkins, Minnesota, this 1 °` day of March, 2011.
Eugene J. Maxwell, Mayor
ATTEST:
Deborah Sperling, City Clerk
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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,
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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 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.
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2.08
0
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.
2.13
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.
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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.
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
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