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1c American Legion Gambling Permit Renewal CITY OF CHANHASSEN 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 Administration Phone: 952.227.1100 Fax: 952.227.1110 Building Inspections Phone: 952,227.1180 Fax: 952.227.1190 Engineering Phone: 952.227.1160 Fax: 952.227.1170 Finance Phone: 952.227.1140 Fax: 952.227.1110 Park & Recreation Phone: 952,227.1120 Fax: 952.227.1110 Recreation Center 2310 Coulter Boulevard Phone: 952.227.1400 Fax: 952.227.1404 Planning & Natural Resources Phone: 952.227.1130 Fax: 952.227.1110 Public Works 1591 Park Road Phone: 952.227.1300 Fax: 952.227.1310 Senior Center Phone: 952.227.1125 Fax: 952.227.1110 Web Site www.ci.chanhassen.mn.us 1<!' MEMORANDUM TO: Todd Gerhardt, City Manager Karen J. Engelhardt, Office Manager 'it-: June 11, 2007 ()~W' FROM: DATE: SUBJ: Approval of Renewal of the Chanhassen American Legion Club's Gambling Permit, 290 Lake Drive East The Chanhassen American Legion Club has applied for renewal of their permit to conduct gambling. Organizations are eligible to conduct lawful gambling if they meet the criteria established in Minnesota Statute 349.16 as follows: . Must have been in existence for the most recent 3 years preceding the license application as a registered non-profit corporation; . Must have at least 15 active members; . Must not be in existence solely for the purpose of conducting gambling; . Has identified the lawful purposes on which it proposes to expend net profits from gambling and has identified an annual goal for charitable contributions, expressed as a percentage of gross profits; . Has identified a gambling manager and certifies that the manager is qualified under this chapter; . Must not be seeking licensing primarily for the purpose of evading or reducing taxes; . Has not exceeded the expenditure restrictions under state statute, or if the organization has exceeded expenditure restrictions, they must reimburse any excess expenses from a source of non-gambling funds. The State of Minnesota Gambling Control Board monitors these criteria. This is a two-year license renewal. The gambling activities conducted on the site include: the sale of pull-tabs 7 days a week from 11 :00 a.m. to 12:30 a.m.; and Bar Bingo on Wednesday nights from 7:00-9:30 p.m. They are also applying for a raffle license even though they have not held a raffle for two years; however, the Legion wants to keep this option open. State statute requires that the Gambling Manager be licensed and receive continuing education to maintain the license. Paul Differding has been the Gambling Manager since approximately 1992 and is in the process of renewing his license with the Minnesota Gambling Control Board. The most recent training he attended was held on August 16,2006, and he is scheduled for another session on June 12,2007. The City of Chanhassen · A growing community with clean lakes, quality schools, a chamning downtown, thriving businesses, winding trails, and beautiful parks. A great place to live, work, and play. Mr. Todd Gerhardt June 11, 2007 Page 2 Law Enforcement has completed background investigations on the applicants including: Gary Boyle, Commander Bernard Hamilton, First Vice Commander Eugene Borg, Financial Officer Paul Differding, Gambling Manager No negative comments were found on any of the applicants. Chanhassen City Code requires organizations that hold a gambling license in the city to contribute 10% of their net proceeds to the city. In 2005, the Legion contributed a total of $29,130.30 and in 2006 they contributed $17,795.08, which was used to fund training for the Fire Department. The Legion stated that they believe that gambling proceeds are down due to the smoking ban being lifted in certain areas of Hennepin County and the price of gasoline. City Code also requires that the Legion spend at least 50% of their proceeds in Chanhassen or a city contiguous to Chanhassen. The Legion has supplied staff with a donation list and they meet this requirement. RECOMMENDA TION Staff recommends adoption of the attached resolution approving the application as submitted. Approval requires a simple majority vote of those Council members present. ATTACHMENTS 1. Resolution CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA DATE: RESOLUTION NO: MOTION BY: SECONDED BY: A RESOLUTION APPROVING RENEWAL OF AN APPLICATION TO CONDUCT LAWFUL GAMBLING, CHANHASSEN AMERICAN LEGION CLUB POST 580, 290 LAKE DRIVE EAST WHEREAS, Chanhassen American Legion Club Post 580 has submitted an Application for Renewal of their Gambling Permit to conduct lawful gambling at 290 Lake Drive East. BE IT RESOLVED by the Chanhassen City Council that 1. The Application for Renewal of the Gambling Permit to conduct lawful gambling received from the Chanhassen American Legion Club Post 580 for 290 Lake Drive East is hereby approved. 2. Said approval is hereby conditioned upon the Chanhassen American Legion Club Post 580 meeting the requirements of City Code Section 10-152 which include: a. Receipt of at least 10% of the American Legion Club's net profits derived from lawful gambling. Passed and adopted by the Chanhassen City Council this 11th day of June, 2007. ATTEST: Todd Gerhardt, City Manager Thomas A. Furlong, Mayor YES NO ABSENT