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Ordinance No. 1200 01-24-2005ORDINANCE NO. 1200 AN ORDINANCE AMENDING CHAPTER 30, CHAPTER 603 AND CHAPTER 606 OF THE FRIDLEY CITY CODE PERTAINING TO LAWFUL GAlV�L1NG The City Council of the City of Fridley does hereby find and ordain, after review, examination and staff recommendation that Chapters 30, 603 and 606 of the Fridley City Code be hereby amended as follows: SECTION 1: That Chapter 30 of the Fridley City Code is hereby amended as follows: CHAPTER 30. LAWFUL GAMBLING 30.02. DEFINITIONS The definitions in Minnesota State Statutes Chapter 349 are adopted by reference in this chapter. Licensed or�anizations in the City of Fridley may be permitted to conduct lawful a.°� mbling or use anv �amblin� device allowable by Chapter 349. 30.03. REGULATIONS 1. Licensed organizations conducting lawful gambling within the City of Fridley shall expend fifty percent (50%) of its expenditures for lawful purposes conducted or located within the City of Fridley trade area. The Fridley trade area is limited to the City of Fridley and each city contiguous to the City of Fridley. 2. Licensed organizations conducting lawful gambling within the City of Fridley must file a copy of monthly gambling board financial reports to the Fridley City Clerk. 3. Licensed organizations conducting lawful gambling may not conduct lawful a.°� mbling ���"� operations in more than two premises in the City. 4. Licensed organizations conducting lawful gambling within the City of Fridley in an establishment licensed under Chapter 603 Entitled "Intoxicating Liquor" or Chapter 606 Entitled "Intoxicating Liquor On-Sale Club" of the Fridley City Code may �'�"'� sell pull-tabs from a booth used solely by the licensed lawful gambling organization, �r�' r��" *�'�° or conduct such other forms of lawful a.°� mblin� with lawful a.°� mblin� devices as may be permitted by state law and authorized and permitted by the Cit� Lawful gambling_shall neither be conducted se� by employees of the liquor establishment or conducted se� from the bar area. 5. Licensed organizations conducting lawful gambling in the City of Fridley shall be responsible for booths and other equipment used in lawful gambling. 6. No bingo hall license holder or lawful gambling license holder shall permit bingo to be conducted on the premises more than 4 days in any week, or permit more than 12 bingo occasions in any week (Ref. 964) Ordinance No. 1200 SECTION 2: That Chapter 603 of the Fridley City Code is hereby amended as follows: CHAPTER 603. 1NTOXICATING LIQUOR 603.10 CONDITIONS OF LICENSE Page 2 7. No licensee shall keep, possess, operate or permit the keeping, possession, or operation of any dice, playing cards, video game of chance, or gambling device including slot machines, roulette wheels, punchboards, and pin ball machines which return coins or slugs, chips, or tokens or any kind which are redeemable in merchandise, cash or other item of value on the licensed premises. > > � Pull-tabs and other expresslv authorized forms of le�al �amblin�, may be conducted selc� on licensed premises when such activity is licensed by the State pursuant to Minnesota Statute, Chapter 349, and conducted pursuant to the regulations contained in this City Code. (Ref. 959) 603.24 GAMBLING ENDORSEMENT 1. Statement of Policy On-Sale licensees under the provisions of this Chapter or Chapter 606 may request permission of the city council to permit state licensed organizations to conduct lawful gambling �r *'�° � rm �� „��" *�'�� �„'�� on the licensed premises. Application for a gambling endorsement shall be made to the city clerk with payment of the specified fee in Chapter 11 of the City Code. 2. Regulations Gambling endorsements on on-sale licenses issued either under this Chapter or Chapter 606 shall be subject to the following regulations which shall be deemed as part of the license, and failure of compliance may constitute grounds for adverse action as prescribed in the City Code. A. Use of the licensed premises shall be by means of a state approved lease agreement between the licensee and the licensed organization. A copy of the lease shall be filed with the city clerk, and also a copy must be kept on the premises and available for public inspection upon request. Leases shall be governed by the following: (1) ��e--e�� form of lawful gambling *'��* °'��" '�° permitted by the state of Minnesota as defined by Chapter 349 and otherwise a�proved or licensed by the Cit� may be conducted on the licensed premises �'��"'�° r„" *�'�� �rrr���°�"��, *'�° �*�*° (2) Pull-tabs shall only be conducted se� from a booth used solely by the licensed lawful gambling organization_; Lawful a.°� mbling �r�' r��" *�'�° shall neither be conducted se� by employees of the licensee or conducted se� from the bar service area. Ordinance No. 1200 Page 3 (3) The construction and maintenance of the booth used by the licensed lawful gambling organization shall be the sole responsibility of the licensed lawful gambling organization. B. Only one licensed lawful gambling organization shall be permitted to conduct lawful a.°� mbling �°" r��" *�'�� on the licensed premises. C. The licensee may not be reimbursed by the licensed lawful gambling organization for any license or permit fee, and the only compensation which the licensee may obtain from the licensed lawful gambling organization is the rent fixed in the lease agreement. D. The licensee shall be responsible for the licensed lawful gambling organization's conduct ^� �°";r� r„" +�'�� The city council may suspend the licensee's permission to allow lawful gambling on the premises for a period up to 60 days for any violation of state or local gambling laws or regulations that occur on the premises by anyone, including the licensee or the licensed lawful gambling organization. A second violation within a 12 month suspension, and any additional violations within a 12 month period shall result in the revocation of the lawful gambling permission, and may also be considered by the c� council as grounds for suspension or revocation of the on-sale liquor license. SECTION 3: That Chapter 606 of the Fridley City Code be hereby amended as follows: CHAPTER 606. 1NTOXICATING LIQUOR ON-SALE CLUB 606.10. CONDITIONS 3. Only lawful a.°� mblin� or lawful a.°� mblin� devices permitted by the State of Minnesota and expressly authorized and permitted by the City of Fridley pursuant to Chapters 30 and 603 shall be authorized on the licensed bremises. i; o,a PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 24TH DAY OF JAN UARY 2005. .���.�ti �� Scott J. Lund, Mayor Attest: Debra A. Skogen, C' Clerk First Reading: January 3, 2005 Second Reading: January 24, 2005 Publication: February 3, 2005