Res 2014-38
RESOLUTION NO. 2014 - 38
RESOLUTION DENYING WAIVER OF REQUIREMENT
FOR QUALIFYING ORGANIZATION FOR MINNESOTA LAWFUL GAMBLING
PREMISES PERMIT FOR SPRING LAKE PARK LIONS
AT BROADWAY BAR AND PIZZA LOCATED AT 8298 UNIVERSITY AVENUE NE
WHEREAS, the City of Fridley has been served with a copy of an Application for a Minnesota
Lawful Gambling Premise Permit for the Spring Lake Park Lions at Broadway Bar and Pizza
located at 8298 University Avenue NE; and
WHEREAS, the Spring Lake Park Lions currently hold licenses for lawful gambling at
Povlitzski’s, Monte’s and Biff’s in Spring Lake Park; and
WHEREAS, the Spring Lake Park Lions held a premise permit for lawful gambling at the
Shorewood Restaurant located at 6161 Highway 65 until the restaurant closed April 3, 2014; and
WHEREAS, City Code Section 603.25.2.E. mandates that licensed establishments first seek
qualifying organizations defined in Section 30.02 of the City Code whenever they contract with
organizations to conduct gambling on their premises; and
WHEREAS, City Code Section 603.25.2.E. allows the City Council to the ability to grant a
waiver of the qualifying organization requirement to allow a licensed establishment to contract
with a nonqualifying organization only when all qualifying organizations are uninterested or
unavailable; and
WHEREAS, City Code Section 603.25.2.E. was enacted because qualifying organizations were
denied the opportunity to conduct lawful gambling in neighboring cities because those cities
restricted lawful gambling to their own local organizations; and
WHEREAS, the intent of City Code Section 603.25.2.E. is to create a more restrictive lawful
gambling environment in the City to match that of the neighboring cities and to provide a
preference for qualifying organizations as defined in City Code Section 30.02; and
WHEREAS, City Code Section 603.25.2.E. requires that licensed establishments contract with a
qualifying organization as defined in City Code Section 30.02 to provide lawful gambling if a
qualifying organization is available and interested in conducting lawful gambling; and
WHEREAS, the intent of City Code Section 603.25.2.E. is to allow waivers only in those limited
circumstances where there is no qualifying organization as defined in City Code Section 30.02
that is interested or there are no qualified organizations to conduct lawful gambling at the
licensed establishment; and
WHEREAS, the record, including documentation and testimony before the City Council,
indicates that Broadway Bar and Pizza interviewed the two qualifying organizations but
preferred a nonqualifying organization, the Spring Lake Park Lions, because it was more
aggressive and creative in developing new lawful gambling attractions; and
Resolution No. 2014-38 Page 2
WHEREAS, Broadway Bar and Pizza has not provided the City with evidence as required by
City Code Section 603.25.2.E. that all existing qualifying organizations as defined in City Code
Section 30.02 are disinterested in or there is no available to conduct lawful gambling to justify
the City Council’s grant of a waiver to permit a nonqualifying organization, the Spring Lake
Park Lions, to conduct the lawful gambling at the licensed premises;
NOW THEREFORE BE IT RESOLVED that the City Council of the City of Fridley denies
waiver of the requirement of a qualifying organization for a Minnesota Lawful Gambling
premises permit for the Spring Lake Park Lions at Broadway Bar and Pizza Located 8298
University Avenue NE.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEYTHIS
TH
12 DAY OF MAY 2014.
_____________________________________
ROBERT BARNETTE – MAYOR PRO TEM
ATTEST:
_________________________________
DEBRA A. SKOGEN - CITY CLERK