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Ordinance 156CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO. 15F AN ORDINANCE AMENDING CHAPTER 10 OF THE CHANHASSEN CITY CODE BY ADDING ARTICLE 5 REGULATING LAWFUL GAMBLING THE CITY COUNCIL OF THE CITY OF CHANHASSEN ORDAINS: Section 1. Chapter 10 of the Chanhassen City Code is amended by adding Article V to read as follows: ARTICLE V. REGULATION OF GAMBLING Sec. 10-150. Lawful Gambling Permitted. Lawful gambling conducted pursuant to Minnesota Statutes, Chapter 349, is authorized within the City and shall be operated in accordance with the terms and conditions specified in this Article, other applicable provisions of the City Code, and state and federal laws and regulations. • Sec. 10-151. Authorized Organizations. An organization shall not be eligible to conduct lawful gambling in the City of Chanhassen unless it meets the qualifi- cations in Minn. Stat. § 349.16, Subd. 2, and also meets at least one of the following conditions: a. The organization has at least fifteen (15) members that are residents of the City of Chanhassen; or b. The physical site for the organization's headquarters or the registered business office of the organization is located within the City of Chanhassen or a city contiguous to the City of Chanhassen and has been located within the City or a city contiguous to the City of Chanhassen for at least two (2) years immediately preceding application for a license; or C. The organization owns real property within the City of Chanhassen and the lawful gambling is conducted on the property owned by the organization within the City; or d. The physical site where the organization regularly holds its meetings and conducts its activities, other than lawful gambling and fund raising, is within the City of • Chanhassen and has been located within the City for at r10/30/91 • least two (2) years immediately preceding application for a license. Sec. 10-152. Distribution of Proceeds. a. Each organization licensed to conduct gambling within the City of Chanhassen shall contribute to the City, for distribution by the City for lawful purposes, at least ten percent (10%) of the organizations net profits derived from lawful gambling. For purposes of this Section, net profits are profits less amounts expended for allowable expenses. An organization may designate that money be used internally by the City for a specific City use as long as the purpose is a lawful purpose. b. Each organization conducting lawful gambling within the City must expend at least fifty percent (50%) of its net profits derived from lawful gambling on lawful purposes conducted or located within the City of Chanhassen or any municipality contiguous to the City of Chanhassen. The contribution required in subsection (a) above shall be considered as part of the fifty percent (500) expenditure. c. An organization that conducts gambling on fewer than five (5) days in a calendar year is exempt from the • requirements of this Section. Sec. 10-153. Filing of Records; Investigations. • a. Every organization licensed to conduct gambling in the City of Chanhassen shall file with the City's Public Safety Director, upon request, all records and reports required to be filed within the State Gambling Control Board pursuant to Minnesota Statutes, Chapter 349, and the rules and regulations promulgated thereunder. b. Each organization licensed to conduct gambling in the City shall complete the City's investigation form and submit any additional information required by the City. c. Any organization leasing premises for the conducting of lawful gambling shall, upon request from the Public Safety Director, file with the City a copy of the lease within one (1) week after execution of the lease. The lease shall not provide for rental payments based on a percentage of receipts or profits from lawful gambling. d. Every gambling event in the City of Chanhassen conducted by an organization under state license shall be open to inspection by City employees and the County Sheriff's Department. -2- n U • e. The City may inspect, at any reasonable time without notice or search warrant, all records of a licensed organization required to be maintained by the State Gambling Control Board. Sec. 10-154. Qualifications. Tha City Council shall not adopt a resolution approving a premises permit or bingo hall license from any applicant which has an officer, director, or other person in a supervisory or management position, who: a. has ever been convicted of a felony; b. has ever been convicted of a crime involving gambling; C. is not of good moral character and repute; d. has ever been convicted of (i) assault, (ii) a criminal violation involving the use of a firearm, or (iii) making terroristic threats; or e. owes delinquent local, state, or federal taxes, or is delinquent on any other City bill. f. is in violation of any land use or zoning ordinance including the premise proposed to be licensed. Section 2. This ordinance shall be effective immediately upon its passage and publication. PASSED AND ADOPTED by the Chanhassen City Council this 28th day of October , 1991. ATTEST: Don Ashworth, Clerk/Manager onald J,-"ChiTiel, Mayor (Published in the Chanhassen Villager on November 14 , 1991.) -3- b. Each orgon conducting lawful gambling within the City must expend at least fifty percent (50%) of its net profits derived from lawful gambling on lawful purposes conducted or located within the City of Chanhassen or any municipality contiguous to the City of Chanhassen. The contribution required in subsection (a) above shall be considered as part of the filly percent (50%) expenditure. c. An organization that conducts gambling on fewer than five (5) days in a calendar year is exempt from the re- quirements of this Section. Sec. 10-153. Filing of Records; Investigations. a. Every organization licensed to conduct gambling in the City of Chan- hassen shall file with the City's Public Safety Director, upon request, all rec- ords and reports required to be filed within the State Gambling Control Board pu to Statutes, Chapter 349, :iM aeA � p�elom- ul U_ lkft . e ealbe OOeneed to 3 submit any quired by the City. c. Any organization leasing prem- ises for the conducting of lawful gam- bling shall, upon request from the Public Safety Director, file with the City a copy of the lease within one (1) week after execution of the lease. The lease shall not provide for rental payments based on a percentage.. of receipts or profits fn m lawful gambling. d. Every gambling event in the City of Chanhassen conducted by an organi- zation under state license shall be open to inspection by City employees and the County Sheriff's Department. e. The City may inspect, at any rea- sonable time without notice or search warrant, all records of a licensed organi- zation required to be maintained by the State Gambling Control Board. Sec.10-154. Qualifications. The City Council shall not adopt a resolution approving a premises permit or bingo hall license from any applicant which has an officer, dhector, or other person in a supervisory or management position, who: a. has ever been convicted of a fel- ony; , b. has ever been convicted of a crime involving gambling; c. is not of good moral character and repute; d. has ever been convicted of (t) assault, (ii) a criminal violation involv- ing the use of a firearm, or (iii) making terroristic threats; or e. owes delinquent local, state, or federal taxes, or is delinquent on any other City bill. f. is in violation of any land use or zoning ordinance including the premise proposed to be licensed. Section 2. This ordinance shall be effective immediately upon its passage and publication. e PASSED k4D ADOPTED by the Chanhassen City Council this 28th day of October 1991. ATTEST: Don Ashworth, Ckrlc/Manager Donald J. Chmiel, Mayor (Published in the Chanhassen Villager Thursday, November 14,1991; No. 718) Affidavit of Publication Southwest Suburban Publishing State of Minnesota County of Carver Stan Rolfsrud, being duly sworn, on oath says that he is the publisher or the authorized agent of the publisher of the newspapers known as the Chaska Herald and the Chanhassen Villager and has full knowledge of the facts herein stated as follows: (A) This newspaper has complied with the requirements constituting qualification as a legal newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended. (13) The printed public notice that is attached to this Affidavit and identified as No. was published on the date or dates and in the newspaper stated in the attached Notice and said Notice is hereby incorporated as part of this Affidavit. Said notice was cut from the columns of the newspaper specified. Printed below is a copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as be' the kind and size of type used in the composition and publication of the Notice: // abcdefghijklmnopgrstuvwxyz Subscribed and sworn before me on this 7 Ydayof 1991 N tary blic tan Rolfsrud, General Manager ¢�,ee°�tt���' THERESA M. LAIN T. NC)TARY PUBLIC 1 ,'� �`�yi� HCENNEPIN COUNTY MY COMMISSION EXPIRES 3-8 96 RATE INFORMATION Lowest classified rate paid by commercial users for comparable space ................ $7.12 per column inch Maximum rate allowed by law for the above matter $7.12 per column inch Rate actually charged for the above matter.............................................................. $5.84 per column inch CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO. 156 AN ORDINANCE AMENDING CHAPTER 10 OF THE CHANHASSEN CITY CODE BY ADDING ARTICLE 5 REGULATING LAWFUL GAMBLING THE CITY COUNCIL OF THE CITY OF CHANHASSEN ORDAINS: Section 1. Chapter 10 of the Chan- hassen City Code is amended by adding Article V to read as follows: ARTICLE V. REGULATION OF GAMBLING Sec. 10-150. Lawful Gambling Permitted. Lawful gambling conducted pursu- ant to Minnesota Statutes, Chapter 349, is authorized within the City and shall be " id seoae a4ve t 1e s md- jftaa .�.irt tions. An organization shall not be eligible to conduct lawful gambling in the City of Chanhassen unless it meets the qualifi- cations in Minn. Stat. SS 349.16, Subd. 2, and also meets at least one of the following conditions: a. The organization has at least fif- teen (15) members that are residents of the City of Chanhassen; or b. The physical site for the organiza- tion-', -headquarters or the registered business office of the organization is located within the City of Chanhassen or a city contiguous to the City of Chanhas- sen and has been located within the City or a city, contiguous to the City of Chan- hassen for at least two (2) years immedi- ately preceding application for a license; or c. The organization owns real prop- erty within the City of Chanhassen and the lawful gambling is conducted on the property owned by the organization within fhe City; or d. The physical site where the or- ganization regularly holds its meetings and conducts its activities, other than lawful gambling and fund raising, is within the City of Chanhassen and has been looted within the City for at least two '(2) years. _ immediately preceding application for a license. Sec. 10-152. Distribution of Pro- ceeds. ar FAcb organization licensed to conduct gambling within the City of 'tharihassen shall contribute to the City, for distribution by. the City for lawful purposes, at least 'fen, percent (10%) of the organization's net profits derived from lawful gambling. For p_ urposes of this Section, net profits are profits less ornounts expepdod forallowable expenses. An otganiizalivn maydesignate that money be ,used. :i ��rnall by theme City fora 0 p