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HomeMy WebLinkAboutNo 443 Amending the Maplewood Code by Adding Thereto Chapter 823ORDINANCE NO. 443 AN ORDINANCE AMENDING THE MAPLEWOOD CODE BY ADDING THERETO CHAPTER 823 THE COUNCIL OF THE CITY OF MAPLEWOOD DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Chapter 823 of the Maplewood Code is hereby adopted governing licensing and regulating of gambling as approved by the State Legislature and is to read as follows: "823.010. PROVISIONS OF STATE LAW ADOPTED. The provisions of Minnesota Statutes, Chapter 349, and Laws of Minnesota, 1978, Chapter 507, relating to the definition of terms, licensing and restrictions of gambling are adopted and made a part of this Or- dinance as if set out in full." "823.030. LICENSING REQUIR0,01I'S. No person shall directly or indirectly operate a gambling device or conduct a raffle without a license to do so as provided in this Ordinance." "823.030. PERSONS ELIGIBLE FOR A LICENSE. A license shall be issued only to fraternal, religious, and veterans' organizations, or any corporation, trust, or associa- tion organized for exclusively scientific, literary, charitable, educational or artistic purposes, or any club which is organized and operated exclusively for pleasure or recreation as distinct from profit making purposes. Such organization will have been in existence in the City of Maplewood for at least three (3) years and shall have at least thirty (30) active members. "823.040. LICENSES AND FEES. Subdivision 1. There are established two types of licenses for each device or occasion together with the respective fees as hereinafter set out; (a) The single occasion temporary license fee for all is $25.00 each. (b) The annual fee for a paddle wheel and for a raffle shall be $200.00. (c) The annual fee for a tipboard shall be $100.00. Subd. 2. APPLICATION PROCEDURE. Application for a license shall be made upon a form prescribed by the City Council. No person shall make a false representa- tion in an application. The Council shall act upon said application within 180 days from the date of application, but shall not issue a license until at least 30 days after the date of applicaiton. "823.050. PROFITS. Profits from the operation of gambling devices or the conduct of raffles shall be used for the following purposes only: (a) Benefiting persons by enhancing their opportunity for religious or educational advancement, by relieving or protecting them from disease, suffering or distress, by contributing to their physical well being, by assisting them in establishing themselves as useful citizens, or by increasing their comprehension of and devotion to the principals upon which this nation was founded; (b) Initiating, performing, or fostering worthy public work or enabling or furthering the erection or maintenance of public structures; (c) Lessening the burdens borne by government or voluntarily supporting, augmenting or supplementing services which government would normally render to the people; or (d) The improving, expanding, maintaining or repairing real property owned or leased by an organization. This does not include the erection or acquisition of any real property, unless the council specifically authorizes the expenditures after finding that the property will be used exclusively for one or more of the purposes specified above. "823.060. ('JMLING MANAGER. All operation of gambling devices and the conduct of raffles shall be under the supervision of a single gambling manager to be designated by the organization. The gambling manager shall be responsible for gross receipts and profits from gambling devices and raffles and for their operation. The gambling mana- ger shall be responsible for using profits for the purposes as set out in this Ordinance. Subdivision 1. The gambling manager shall provide a fidelity bond in the sum of $10,000.00 in favor of the organization conditioned on the faithful performance of his duties. Subd. 2. QUALIFICATIONS OF CAMBLING MANAGED. The gambling manager shall be an active member of the organization and shall qualify under state law. "823.070. COMPENSATION. No compensation shall be paid to any person in connection with the operation of a gambling device or the conduct of a raffle by a licensed or- ganization. No person who is not an active member of an organization, or the spouse or surviving spouse of an active member, may participate in the organization's operation of a gambling device or conduct of a raffle. "823.080. REPORTING REQUIREMENTS. Subdivision 1. GROSS RECEIPTS. Each organization licensed to operate gambling devices shall keep records of its gross receipts, expenses and. profits for each single gathering or occasion at which gambling devices are operated or a raffle is conducted. All deductions from gross receipts for each single gathering or occasion shall be docu- mented with receipts or other records indicating the amount, a description of the pur- chased item or service or other reason for the deduction, and the recipient. The distribution of profits shall be itemized as to payee, purpose, amount, and date of payment. Subd. 2. SEPARATION OF FUNDS. Gross receipts from the operation of gambling devices and the conduct of raffles shall be segregated from other revenues of the organization, and placed in a separate account. The person who accounts for gross receipts, expenses and profits from the operation of gambling devices or the conduct of raffles shall not be the same person who accounts for other revenues of the organiza- tion. rganization. Subd. 3. MONTIMY REPORTS. Each organization licensed to operate gambling devices or to conduct raffles shall report monthly to its membership, and to the city clerk, its gross receipts, expenses and profits from gambling devices or raffles, and the distribution of profits. The licensee shall preserve such records for three years. "323.090. ELIGIBLE PREMISES. Gambling devices shall be operated and raffles conducted by a licensed organization only upon Premises which it owns or leases except that tickets for raffles may be solei off the premises. Leases shall be in writing and shall be for a term of at least six (6) months. No lease shall provide that rental pay- ments be based on a percentage of receipts. A copy of the lease shall be filed with the city clerk. Subdivision 1. The premises upon which the gambling devices shall be operated and raffles conducted for a licensed organization shall be the regular meeting place of such organization. Subd. 2. There shall be no more than two licenses issued for operation at any one premises. "823.010. TOTAL PRI?.ES. Total prizes from the operation of paddle wheels and tip - boards awarded in any single day in which they are operated shall not exceed the maximum of $500.00. Total prizes resulting .from any single spin of a paddle wheel or from any single tipboard shall not exceed $100.00. Total prizes awarded in any calendar year by any organization shall not exceed $15,000.00. "823.020. BINGO. Nothing in this ordinance shall be construed to authorize the conduct of bingo without acquiring a separate bingo license. "823.030. PENALTIES. Violation of any provision of this ordinance shall be a misdemeanor. Subdivision 1. SUSPENSION &ND REVOCATION?. Any license may be suspended or revoked for any violation of this ordinance. A license shall not be suspended or revoked until the procedural requirements of subdivision 2 have been complied with, provided that in cases where probable cause exists as to an ordinance violation, the city may temporarily suspend the license for a period of up to two (2) weeks upon service of notice of the hearing provided for in subdivision 2. Subd. 2. PROCF.ntTRF.. A. license shall not be revoked under subdivision 1 until notice and an opportunity for a hearing have first been given to the licensee. The notice shall be personally served upon any of the officers of the licensee as listed in the license or upon the gambling manager as designated and shall state the ordinance provision reasonably believed to be violated. The notice shall also state that the licensee may demand a hearing on the matter, in which case the license will not be sus- pended until after the hearing is held. If the licensee requests a hearing, one shall be held on the matter by the council within at least two (2) weeks after the date on which the request is made. If, as a result of the hearing, the council finds that an ordinance violation exists, then the council may suspend or terminate the license,. Section 1. This ordinance shall take effect upon its passage and publication accordinp, to law. Passed by the Council of the City of Maplewood this 15th day of June, 1978. Attest: "tyr C Ayes - all. ORDINANCE NO. 443 AN ORDINANCE AMENDING THE MAPLEWOOD CODE BY ADDING THERETO CHAPTER 823 THE COUNCIL OF THE CITY OF MAPLEWOOD DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Chapter 823 of the Maplewood Code i5 he adopted governing licensing and regulating of gambling as approved by the State Legislature and is to, read as follows: "823.010. PROVISIONS OF STATE LAW ADOPTED. The provision of Minnesota Statutes, Chapter 349, and Laws of Minnesota, 1978, Chapter 507, relating to the definition of terms, licensing and restrictions of gam bl ing are adopted and made a part of this Ordinance as if set out in full." "823.030. LICENSING REQUIREMENTS. No person shall directly or indirectly operate a gambling device or conduct raffle without a license to do so as provided in this Ordinance." "823.030 PERSONS ELIGIBLE FOR A LICENSE. A license shall be issued only to fraternal, religious, and veterans' organizations, or any corporation, trust, or association organized for exclusively scientific, literary, charitable, educational or artistic purposes, or any club which is organized and operated exclusively for pleasure or recreation as distinct from profit making purposes. Such organization will have been in existence in the City of Maplewood for at least three (3) years and shall have at least thirty (30) active mem" bers. "823.040. LICENSES AND FEES. Subdivision 1. There are established two types of licenses for each device or Occasion together with the respective fees as hereinafter set out; (a) The single occasion temporary license fee for all is $25.00 each. (b) The annual fee for a paddle wheel and for a raffle shall be $200.00. (c) The annual fee for a tipboard shall be $100.00. Subd. 2. APPLICATION PROCEDURE. Application for a license shall be made upon a form prescribed by the City Council. No person shall make a false representation in an application. The Council shall act upon said application within 180 days from the date of "application, but shall not issue a license until at least 30 days after the date of application. "823.050. PROFITS. Profits from the operation of gambling devices or the conduct of raffles shall be used for the following purposes only: (a) Benefiting persons by enhancing their opportunity for religious or educational advancement, by relieving or protecting them from disease, suffering or distress, by contributing to their physical well being, by assisting them in establishing themselves as useful citizens, or by increasing their comprehension of and devotion to the principals upon which this nation was founded; (b) Initiating, performing, or fostering worthy public work or enabling or furthering the erection or main tenance of public structures; (c) Lessening the burdens borne by government or voluntarily supporting, augmenting or supplementing services which government would normally render to the people; or (d) The improving, expanding, maintaining or repairing real property owned or leased by an organization. This does not include the erection or acquisition of any real property, unless the council specifically authorizes the expenditures after finding that the property will be used exclusively for one or more of the purposes specified above. "823.060. GAMBLING MANAGER. All operation of gambling devices and the conduct of raffles shall be under the supervision of a single gambling manager to be designated by the organization. The gambling manager shall be responsible for gross receipts and profits from gambling devices and raffles and for their manager Shrill ha r c'h�� AFFIDAVIT OF PUBLICATION tM ¢ Iif cffiinmeivu County of Ramsey I N....Thendore.liI I ie ............... being duly sworn, onoath says he is and during all the times herein stated has been the .... AS S i.Sta,n.t. , FuU115her..„„„„„,,. _, .................................................... publisher and printer of the newspaper known as Maplewood Review, and has full knowledge of the facts herein stated as follows: (1) Said newspaper is printed in the English language in newspaper format and In column and sheet form equivalent in printed space to at least 900 square inches. (2) Said newspaper is a weekly and is distributed at least once each week. (3) Said newspaper has 50 percent of its news columns devoted to news of local interest to the com munity which it purports to serve and does not wholly duplicate any other publication and is not made up entirely of patents, plate matter and advertisements. (4) Said newspaper is circulated in and near the municipality which it purports to serve, has at least 500 copies regularly delivered to paying subscribers, has an average of at least 75 percent of its total circulation currently paid or no more than three months in arrears and has entry as second-class matter in its local oostoffice. (5) Said newspaper purports to serve the Village of Maplewood in the County of Ramsey and it has its known office of issue in the Village of North St. Paul in said county, establlshed and open during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and main- tained by the publisher of said newspaper or persons in his employ and subject to his direction and control during all such regular business hours at which said newspaper is printed. (6) Said news- paper files a copy of each issue immediately with the State Historical Society. (7) Said newspaper has complied with all the foregoing conditions for at least two years preceding the day or dates of publi- cation mentioned below. (8) Said newspaper has filed with the Secretary of State of Minnesota prior to January 1, 1966, and each January 1 thereafter an affidavit in the form prescribed by the Secretary of State and signed by the publisher and sworn to before a notary public stating that the newspaper is a legal newspaper. !1„,7 �T /� /�� He further states on oath that the printed ..V.rd1 -A=Cr Pi..No...4.43 ....................... .............................................................. hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and published therein In the English language, once each week, for ........ I ......... One......... successive weeks; that it was first so published on Wednesday the-rnV•.-. .. day of ........................................... I ........... 13 .A W. ..... of 19. !!nd was thereafter printed and pub- lished on every Wednesday to and including Wednesday the .................. day of ......... .......................... ................................................. 19.... and that the following is a printed copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in the composition and publication of said notice, to wit: abcdefgh i I kl mnopgrstuvwxyz Subscriben and sworn tobefore metht 12tli..dayof ... .................197$ Notary public ................. BEAd.RICE.S..ENRI�-C�wymln-nelilft My Commission Expires .:,Y. Public, Ramsey County, Minn. 19 omm�ssion'3ipi�es Sept: '6; 1979 auodrv4ion i. The gambling manager shall provide a fidelity bond in the sum of 810,000.00 in favor of the Organization conditioned on the faithful Performance of his duties. Subd. 2. QUALIFICATIONS OF GAMBLING MANAGER. The gambling manager shall be an active member Of the organization and shall quality under state law. "823.070. COMPENSATION. No compensation shall be paid to any person in connection with the operation of a gambling device or the conduct of 'a raffle by a licensed organization. No Person who is not an active member of an Organization, or the spouse or surviving spouse of an active member, may participate in the organization's operation cf a gambling device or con duct of a raffle. "823.080. REPORTING REQUIREMENTS. Subdivision 1. GROSS RECEIPTS. Each organi2ation licen3.ed to operate gambling devices shall keep records Of its gross receipts, expenses and Profits for eacrl single gathe.-ing or Occasion at which gambling devices are Feted or a raffle is conducted. All deducfa,9S from gr�aa receipts for each single gathering or occasion shall �)e documented with receipts or other records indicating the amount, a description of the purchased item Or service or other reason for the deduction. ar.O the recipient. The distribution of profits shalt he itemized as to payee, purpose, amount, and oat= o! Payment. Subd. 2, SEPARATION OF FUNDS. Gross recei r5 trOrn Me operation of gambling devices and the cc+ndfu( 7 of rgffleS shall be segregated from other revenues of ..'he Organization, and placed ina separate account. The Per'stxt who accounts for gross receipts, experl anu Profits !rom the operation of gambling device` air the con*-- of raffles shalt not be the same Peral who accOums for other revenues of ine Organizarkm. Subd. 3. MONTHLY REPORTS. Each 67'W/aYatFdP licensed to operate gambling devices or to tonduct fill shall report monthly to its merribersKrO, and tst the my clerk, its gross receipts, expenses and sOtits from gambling devices or raffles, and the distribut `on bf ptOt�ts. The licensee shall ,preserve such rebora5 for mree years. "877.090. ELIGIBLE PREMISES. Gambling devite5 shall be operated and raffles conducted by a lie€^bed Wgar, izat ion only upon premises which it owns ?* l eases exceW that tickets for raffles may be sold Ott ihN _rrises. Leases shall be in writing and shall 4e tar a --,1 of at least six (6) months. No lease shall provide 'ha? -ental payments be based on a percentaoe a receipts. A copy of One lease shall be filed with fhe ^fv 6terh Subdivision 1. The premises upon which thegamtil devices shail be Operated and raffles conducted for a licensed organization shall be the regular :meEtir<: p; are Of such organization. "Subd. 2. There shall be no more than two !icen,—S bsued for operation at any one premises, "923.010. TOTAL PRIZES. Total Prizes from tn-e operation of paddle wheels and tipbairds awarded in any Single day in which they are operated shall n01 exceed the maximum of 5500.00. Total prizes resulflng from any single spin of a paddle wheel or from an,, single tipboard shall not exceed $100 00. Total prizes awarded on any calendar year by any organization Shall not exceed 115,000.00. "82j.020. BINGO. Nothing in this ordinance shatr oe cOnstrued to authorize the conduct of Dingo wtttWut acquiring a separate bingo license. "823.030. PENALTIES. Violation of any prov9sion df this ordinance shall be a misdemeanor. Subdivision 1. SUSPENSION AND REVOCATION. Any license may be suspended or revoked for any violation Of this Ordinance: A license shall rlt be suspended or revoked until the procedural requirements of subdivision 2 have been compliva with, Provided that in cases where probable cause exis15 at to an ordinance violation, the city may temporarily suspend the license for a period of up to two (2) wee,#a upon service of notice of the hearing provided for in Subdivision 2. Subd 2. PROCEDURE. A license shall not be revoked Under subdivision 1 until notice and an Opportunity for a rearing have first been given to the licensee. The notice Shall be Personally served upon any of the officers Of isle licensee as listed in the license or upon the gambling manager as designated and shall state the ordinance provision reasonably believed to be violated. The notice shall also state that the license will no? be died until after the hearing is held. if the licensee requests a hearing, One shall be held on the matter by the cOlvnci( within at least two (2) weeks after the date on which the request is made. If, as a result of the hearing,'the council finds that an ordinance violation exists, then the council may suspend or terminate the license. Section 1. This ordinance shall take effect upon its Passage and publication according to law. Passed by the Council of the City of Maplewood this 15th day of June, 1978. -s- John C. Greavu Attest_ Mayor s- Lucille E. Aurelius pity Clerk Ayes — all. (Review: July 12, 1978)