1d App Gambling Permit/Am. Legion
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MEMORANDUM
CITY OF
CHANHASSEN
TO:
Todd Gerhardt, City Manager
7700 Market Boulevard
PO Box 147
Chanhassen, MN 55317
FROM:
Karen J. Engelhardt, Office Manager
~,
DATE:
June 27,2005
Administration
Phone 952.227.1100
Fax 952.227.1110
SUBJ:
Approval of Renewal of the Chanhassen American Legion Club's
Gambling Premises Permit Request, 290 Lake Drive East
Building Inspections
Phone 952.227.1180
Fax 952.227.1190
Engineering
Phone 952.227.1160
Fax 952.227.1170
The Chanhassen American Legion Club has applied for renewal of their
premises permit to conduct gambling. An organization is eligible to conduct
lawful gambling if they meet the criteria established in Minnesota Statute 349.16
(attached) which states it must meet one of the following criteria:
Finance
Phone: 952.227.1140
Fax 952.227.1110
Park & Recreation
Phone 952.227.1120
Fax 952.227.1110
· At least fifteen members must be residents of the city;
· The physical site for the organization's headquarters must be located in
the city or a city contiguous to Chanhassen for at least two years
immediately preceding the application;
· The organization owns real property within the city and the lawful
gambling is conducted on the property; or
· The physical site where the organization holds it regular meetings and
conducts activities, other than lawful gambling and fundraising, is
located within the city and has been for the previous two years.
Recreation Center
2310 Coulter Boulevard
Phone 952.227.1400
Fax 952.227.1404
Planning &
Natural Resources
Phone 952.227.1130
Fax 952.227.1110
The American Legion Club meets all of the criteria. This is a two-year license
and includes pull-tabs and possible raffles.
Public Works
1591 Park Road
Phone: 952.227.1300
Fax 952.227.1310
State statute requires that the Gambling Manager be licensed, and receive
continuing education to maintain the license. Mr. Paul Differding is the
Gambling Manager and has been issued a license by the Minnesota Gambling
Control Board. The most recent training he attended was held on June 16, 2004.
Senior Center
Phone 952.227.1125
Fax 952.227.1110
Law Enforcement has completed background investigations on the applicants
including:
Web Site
www.ci.chanhassen.mn.us
Gary Boyle, Commander
Eugene Borg, Financial Officer
Paul Differding, Gambling Manager
No negative comments were found on any of the applicants.
The City 01 Chanhassen. A growing community with clean lakes, quality schools, a Charming downtown, thriving businesses, winding trails, and beautiful parks. A great place to live, work, and play.
Mr. Todd Gerhardt
June 27, 2005
Page 2
Chanhassen City Code requires organizations that hold a gambling license in the
city to contribute 10% of their net proceeds to the city. In 2004, the Legion
contributed a total of $24,749.08, which was used to fund training for the Fire
Department.
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.
2.
State Statute 349.16
Resolution
Minnesota Statutes 2004, 349.16
Page 1 of 2
Minnesota Statutes 2004, Table of Chapters
Table of contents for Chapter 349
349.16 Organization licenses.
Subdivision 1. License required. An organization may
conduct lawful gambling if it has a license to conduct lawful
gambling and complies with this chapter.
Subd. 1a. Repealed by amendment, 1990 c 590 art 1 s 17
Subd. 2. Issuance of gambling licenses. (a) Licenses
authorizing organizations to conduct lawful gambling may be
issued by the board to organizations meeting the qualifications
in paragraphs (b) to (h) if the board determines that the
license is consistent with the purpose of sections 349.11 to
349.22.
(b) The organization must have been in existence for the
most recent three years preceding the license application as a
registered Minnesota nonprofit corporation or as an organization
designated as exempt from the payment of income taxes by the
Internal Revenue Code.
(c) The organization at the time of licensing must have at
least 15 active members.
(d) The organization must not be in existence solely for
the purpose of conducting gambling.
(e) The organization has identified in its license
application the lawful purposes on which it proposes to expend
net profits from lawful gambling.
(f) The organization has identified on its license
application a gambling manager and certifies that the manager is
qualified under this chapter.
(g) The organization must not, in the opinion of the board
after consultation with the commissioner of revenue, be seeking
licensing primarily for the purpose of evading or reducing the
tax imposed by section 297E.02, subdivision 6.
Subd. 3. Ter.m of license. Licenses issued under this
section are valid for two years.
Subd. 4. Repealed, 1994 c 633 art 5 s 99
Subd. 5. Repealed, 1994 c 633 art 5 s 99
Subd. 6. License fees. The board shall impose an
annual fee of $350 for an organization's license application.
Organizations that expect to receive less than $100,000 in gross
annual receipts may request from the board a waiver of
organization license fees.
Subd. 7.
Purchase of gambling equipment. An
http://www.revisor.leg.state.mn.us/stats/349/ 16.html
6/1512005
Minnesota Statutes 2004, 349.16
organization may purchase gambling equipment only from a person
licensed as a distributor.
Subd. 8. Local investigation fee. A statutory or
home rule charter city or county notified under section 349.213,
subdivision 2, may assess an investigation fee on organizations
or bingo halls applying for or renewing a premises permit or a
bingo hall license. An investigation fee may not exceed the
following limits:
(1) for cities of the first class, $500;
(2) for cities of the second class, $250;
(3) for all other cities, $100; and
(4) for counties, $375.
Subd. 9. License renewals; notice. The board may not
deny or delay the renewal of a license under this section, a
premises permit, or a gambling manager's license under section
349.167 because of the licensee's failure to submit a complete
application by a specified date before the expiration of the
license or permit, unless the board has first (1) sent the
applicant by registered mail a written notice of the incomplete
application, and (2) given the applicant at least five business
days from the date of receipt of the notice to submit a complete
application, or the information necessary to complete the
application.
Subd. 10. License renewal to merged fire relief
associations. A new relief association formed from the merger
of the relief associations of two separate city fire
departments, mandated under Laws 1995, chapter 262, article 11,
may apply for a license renewal under this section. The board
shall consider the application as a license renewal of one of
the relief associations that is a licensed organization and was
merged to form the new relief association.
Subd. 11. Agreement to pay taxes. An organization
which is recognized by federal law, regulation, or other ruling
as a quasi-governmental organization that would otherwise be
exempt from one or more taxes under chapter 297E must agree to
pay all taxes under chapter 297E on lawful gambling conducted by
the organization as a condition of receiving or renewing a
license or premises permit.
HIST: 1976 c 261 s 6; 1984 c 502 art 12 s 8; 1986 c 467 s
10,11; 1989 c 334 art 2 s 20,21; lSp1989 c 1 art 13 s 8; 1990 c
590 art 1 s 17; 1991 c 336 art 2 s 17; 1994 c 633 art 2 s 19;
art 5 s 37-41; 1997 c 155 s 6; lSp2003 c 1 art 2 s 89; lSp2003 c
21 art 9 s 14
Copyright 2004 by the Office of Revisor of Statutes, State of Minnesota.
http://www.revisor.leg.state.mn.us/stats/349/16 .html
Page 2 of 2
6/1512005
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
DATE:
.June 27. 2005
RESOLUTION NO:
2005-
MOTION BY:
SECONDED BY:
A RESOLUTION APPROVING RENEWAL OF A PREMISES PERMIT 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 Premises Permit to conduct lawful gambling.
BE IT RESOLVED by the Chanhassen City Council that the Application for Renewal of
the Premises Permit to conduct lawful gambling received from the Chanhassen American Legion
Club Post 580 at 290 Lake Drive East is hereby approved.
Passed and adopted by the Chanhassen City Council this 27th day of June, 2005.
ATTEST:
Todd Gerhardt, City Manager
Thomas A. Furlong, Mayor
YES
NO
ABSENT