HomeMy WebLinkAbout17-07-25 n RESOLUTION 17-07-25
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
RESOLUTION APPROVING A GAMBLING PREMISES PERMIT
APPLICATION MADE BY VFW AUXILIARY TO GREEDER-HINDS
COMFORT POST 323 IN OAK PARK HEIGHTS
WHEREAS, Betty Nelson, on behalf of VFW Auxiliary to Greeder-Hinds
Comfort Post 323 has applied with the State of Minnesota Gambling Control Board for a
permit to conduct lawful gambling activity at the site of VFW Post 323, 5880 Omaha
Avenue North; and
WHEREAS,the City of Oak Park Heights has reviewed the application and finds
that its purposes meet the necessary community standards; and
WHEREAS, the City of Oak Park Heights has solicited the input of the public
and there have been no objections to the granting of the application for the permit as
applied for by FW Auxiliary to Greeder-Hinds Comfort Post 323 with the State of
Minnesota Gambling Control Board.
NOW,THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR
n THE CITY OF OAK PARK HEIGHTS AS FOLLOWS:
That the application of FW Auxiliary to Greeder-Hinds Comfort Post 323 with the
State of Minnesota Gambling Control Board to for a permit to conduct lawful gambling
activity at the site of VFW Post 323, 5880 Omaha Avenue North, within the City of Oak
Park Heights and the same are hereby approved.
Passed by the City Council of Oak Park Heights this 1 lt" day of July, 2017.
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City Ad ni or
6/15 Page 1 of 2
MINNESOTA iAwfuL GAMBLING
LG214 Premises Permit Application Annual Fee $150 (NON-ReFUNOASLf)
elicit 1TACHMENTS !3 as 't
1. If the premises is leased,attach a copy of your lease. Use L621S Mail the application and required attachments to:
Lease for Lawful Gambling Activity. Minnesota Gambling Control Board
2. $150 annual premises permit fee,for each permit(non-refundable). 1711 West County Road B,Suite 300 South
Make check payable to"State of Minnesota." Roseville,
MN 55113
Questions? Call 651-539-1900 and ask for Licensing.
'ORGrAfif�ZATION I#IIiF� NrtA'#`>GON
jjk;GlS ..�om �ftF Ca3•t.. J
Organization Name: y' k� { k x c� License Number:
Chief Executive Officer(CEO) J-2 t � ' t Daytime Phone:
Daytime Phone:
Gambling Manager: 1 �- --,—
GAMBLINGRRiEE141ISES>ii1FORMATtON
Current name of site where gambling will be conducted: � �
List any previous names for this location:
Street address where premises is located: (Do^ ktinox number or maoing address.)
City: OR Township: County: Zip Code:
ka
Does your organization own the building where the gambling will be conducted?
Flyes M No If no,attach LG215 Lease for Lawful Gambling Activity.
A lease is not required if only a raffle will be conducted.
FV
Is any other organization conducting gambling at this site? nYes /1 Don't know
Note: Bar bingo can only be conducted at a site where another farm of lawful gambling Is being conducted by the applying organi-
zation or another permitted organization. Electronic games can only be conducted at a site where paper pull-tabs are played.
Has your organization previously conducted gambling at this site? Mk Yes []No []Don't know
CAN9410:BAN#�ACCOUNT xN RMA'J'IaDN MIiST SE N NNF.SOT 1
Bank Name: Bank Account Number:
Bank Street Address: City: State: MN Zip Code:
ALI`TEMPORARY ANL? PEt1�tANENT ofpi- ITE S7�iRdNE SPACES
Address(Do not use a P.O. box number): City: State: Zip Code.
MN
e- fft�s J4 t115n
MN
MN
L6214 Premises Permit Application 6/15 Page 2 of 2
I CK iIEffM bC�ihll NT�Y 1.Oi., ,UGI T fijF<t 1/ERNPIENT; 'APPROVALS "SOUMOiN
CITY APPROVAL COUNTY APPROVAL
for a gambling premises for a gambling premises
located within city limits located in a township
City Name: Oi k PCII-k- �k vllkts County Name:
'j
Date Approved by City Council:^ i�1 2- i Date Approved by County Board:
Resolution Number: 1 (� 1` `--� Resolution Number:
(If none,attach meeting minutes.) (If none,attach meeting minutes.)
Signature of Ci Pe onnei Signature of County Personnel;
Title: �j.i C 1 .1 -- Date Signed �i X17 Title: Date Signed:
TOWNSHIP NAME:
Complete below only if required by the county.
Local unit of goveirnment On behalf of the township,I acknowledge that the organization is
must sign. applying to conduct gambling activity within the township limits.
(A township has no statutory authority to approve or deny an
application, per Minnesota Statutes 349.213, Subd. 2.)
Print Township Name:
3 Signature of Township Officer;
Title: Date Signed:
ACKhtOYIlLfD0lgiENT AND OATH
1. 1 hereby consent that local law enforcement officers, 6. I assume full responsibility for the fair and lawful operation of
the Board or its agents,and the commissioners of all activities to be conducted.
revenue or public safety and their agents may enter 2 Twill familiarize myself with the laws of Minnesota governing
and inspect the premises. lawful gambling and rules of the Board and agree, If licensed,
2. The Board and its agents, and the commissioners of to abide by those laws and rules, including amendments to
revenue and public safety and their agents, are them.
authorized to inspect the bank records of the gambling 8. Any changes in application information will be submitted to the
account whenever necessary to fulfill requirements of
current gambling rules and law. Board no later than ten days after the change has taken
effect.
3. 1 have read this application and all information g I understand that failure to provide required information or
submitted to the Board is true,accurate,and complete. providing false or misleading information may result in the
4. All required information has been fully disclosed. denial or revocation of the license.
5. I am the chief executive officer of the organization. 10. I understand the fee is non-refundable regardless of license
approval/denial.
Signature of Chief Ex ive Offloer(designee may not sign) Date
Data privacy notice:The information requested on this information when received by the Board. Minnesota's Department of Public Safety,
form(and any attachments)will be used by the All other information provided will be Attorney General,Commissioners of
Gambling Control Board(board)to determine your private data about your organization until Administration,Minnesota Management&
organization's qualifications to be involved in lawful the Board issues the permit. When the Budget,and Revenue;Legislative Auditor,
gambling activities in Minnesota.Your organization has Board issues the permit,all information national and international gambling
the right to refuse to supply the information;however, provided will become public. If the Board regulatory agencies;anyone pursuant to
if your organization refuses to supply this information, does not Issue a permit,all information court order;other individuals and agencies
the Board may not be able to determine your provided remains private,with the specifically authorized by state or federal law
organization's qualifications and,as a consequence, exception of your organization's name and to have access to the information; individuals
may refuse to issue a permit. If your organization address which will remain public. Private and agencies for which law or legal order
supplies the information requested,the Board will be data about your organization are available authorizes a new use or sharing of
able to process your organization's application. Your to: Board members,Board staff whose information after this notice was given;and
organization's name and address will be public work requires access to the information; anyone with your written consent.
This form will be made available in alternative format,i.e,large print,braille,upon request.
An equal opportunity employer
MO SP OTA LAWFUL GAMBLING
LG215 Lease for lawful Gambling Activity 6115 Page 1 of 2
,. Organization: nse/Site Number: Daytime Phone:
40
Address: 9
4 City: State: Zip:
1 �i �i LCAt J
Name of Leased Premises: Street Address:
city: / State: Zip: Daytime Phone:
Name of Legal ironer: Business/Street Address:
,pity: State: Zip: Daytime Phone:
Name of Lessor(K same as legal armee,wrlbe"SAME"): Address
city: State: Zip: Daytime Phone:
Check applicable item:
New or anumded leaala. 'Effective date: + �al)17 Submit changes at least ten days before the effective date
of the change.
New owner. Effective date: Submit new lease witldn ten days after new lessor assumes ownership.
CHECK .TACT Vi' tt' '#IAT Wi�:4 E G+FF�i1MR CfiED{bio ease mqufred for ra�tes� .:
Pull-Tabs(paper) Electronic Pull-Tabs
Pull-Tabs(paper)with dispensing device Q Electronic Linked Bingo
M Bar Bingo DBingo Electronic games may only be conducted:
1. at a premises licensed for the on-sale of intoxicating liquor
Tipboards or the on-sale of 3.2%malt beverages; or
Q Paddlewheel MPaddlewheel with table 2• at a premises where bingo is conducted as the primary
business and has a seating capacity of at least 100.
U1L-"fAB 'S'I 'B ?ARD,A pAfltltNHEEI.#t�NT {ssepre; en for :ant ba ;u ]:;
BOOTH OPERATION: Some or all sales of gambling equipment are conducted by an employee/volunteer of a licensed organization at
the leased premises.
ALL GAMES,including ehxtronie games: Monthly rent to be paid: %,not to exceed 10%of gross profits for that month.
• Total rent paid from all organizations for only booth operations at the leased premises may not exceed$1,750.
• The rent cap does not include BAR OPERATION rent for electronic games conducted by the lessor.
BAR OPERATION: All sales of gambling equipment conducted by the lessor or lessor's employee.
ELECTRONIC GAMES, Monthly rent to be paid: %,not to exceed 15%of the gross profits for that month from electronic pull-tab
games and electronic linked bingo games.
ALL OTHER GAMES: Monthly rent to be paid: 96,not to exceed 20%of gross profits from all other dorms of lawful gambling.
• If any booth sales conducted by a licensed organization at the premises,rent may not exceed 10%of gross profits for that month
and is subject to booth operation$1,750 cap.
RINE'i RENT{Lo�Ow*oaw where bingois lam:lWimir blusiniim condo cacti asi`bingo hall)
Bingo rent Is limited to one of the following:
• Rent to be paid: %,not to exceed 10%of the monthly gross profit from all lawful gambling activities held during bingo
occasions,excluding bar bingo.
-OR
• Rate to be paid: ; per square foot,not to exceed 110%of a comparable cost per square hoot for leased space,as
approved by the director of the Gambling Control Board. The lessor must attach documentation,verified by the organization,to
confirm the comparable rate and all applicable costs to be paid by the organization to the lessor.
Rent may not be paid for bar bingo.
Bar bingo does not include bingo games linked to other permitted premises.
�1
LEAS TtrMiik't'IflN`CtAUSE { llYSt tie.taompteted)
The lease may be terminated by either party with a written day notice. Other terms:
L6215 Lease for Lawful Gambling Activity 6/15 Page 2 of 2
Lease Tern: The term of this agreement will be concurrent Other Prohbitions: The lessor will not impose restrictions on
with the premises permit issued by the Gambling Control Board the organization with respect to providers(distributor or linked
--� (Board). bingo game provider)of gambling-related equipment and ser-
Management: The owner of the premises or the lessor will not vices or in the use of net profits for lawful purposes.
manage the conduct of lawful gambling at the premises. The The lessor,the lessor's immediate family,any person residing in
organization may not conduct any activity on behalf of the lessor the same residence as the lessor,and any agents or employees
on the leased premises. Iof the lessor will not require the organization to perform any
partk*wAlon as Players Pr+ehiblted: The lessor will not par- action that would violate statute or rule. The lessor must not
ddpatie directly or indirectly as a player in any lawful gambling modify or terminate this lease in whole or in part due to the
conducted on the premises. The lessor's immediate family and lessor's violation of this provision. If there is a dispute as to
any agents or gambling employees of the lessor will not partici- whether a violation occurred,the lease will remain in effect pend-
pate as players in the conduct of lawful gambling on the premis- ing a final determination by the Compliance Review Group(CRG)
es,except as authorized by Minnesota Statutes,Section of the Board. The lessor agrees to arbitration when a violation of
349.181. this provision is alleged. The arbitrator shall be the CRG.
Illegal 6anrWing: The lessor is aware of the prohibition Access to Permitted Premises: Consent is given to the Board
against illegal gambling In Minnesota Statutes 609.75,and the and its agents,the commissioners of revenue and public safety
penalties for illegal gambling violations In Minnesota Rules and their agents,and law enforcement personnel to enter and
78665.0220,Subpart 3.In addition,the Board may authorize the inspect the permitted premises at any reasonable time during the
organization to withhold rent for a period of up to 90 days if the business hours of the lessor.The organization has access to the
Board determines that illegal gambling occurred on the premises premises during any time reasonable and when necessary for the
or that the lessor or its employees participated in the Illegal conduct of lawful gambling.
gambling or knew of the gambling and did not take prompt Lessor Records: The lessor must maintain a record of all
action to stop the gambling. Continued tenancy of the organza- money.received from the organization,and make the record
tion is authorized without payment of rent during the time period available to the Board and its agents,and the commissioners of
determined by tate Hoard for vlblations of this provision,as menu and public safety and their agents upon demand.The
authorized by Minnesota Statutes,Section 349.18,Subd. 1(a). record must be maintained for 3-1/2 years.
To the best of the lessor's knowledge,the lessor affirms that anyRod All-Inclusive: Amounts paid as rent by the organization
and all games or devices located on the premises are not being to the lessor are all-inclusive. No other services or expenses
used,and are not capable of being used,in a manner that provided or contracted by the lessor may be paid by the organi-
violates the prohibitions against illegal gambling in Minnesota zation,including but not limited to:
Statutes,Section 609.75. - trash removal
Notwithstanding Minnesota Rules 7865.0220,Subpart 3,an - electricity,heat
organization must continue making rent payments under the - •snow removal
terns of this lease, if the organization or its agents are found to - storage
be solely responsible for any illegal gambling,conducted at this - janitorial and cleaning services
site,that is prohibited by Minnesota Rules 7861.0260,Subpart 1, - other utilities or services
item H,or Minnesota Statutes,Section 609.75,unless the - lawn services
organization's agents responsible for the illegal gambling activity - security,security monitoring
are also agents or employees of the lessor. - cost of any communication network or service required to
The lessor must not modify or terminate the lease in whole or in conduct electronic pull-tabs games or electronic bingo
part because the organization reported,to a state or local law - in the case of bar operations,cash shortages.
enforcement authority or to the Board,the conduct of illegal Any other expenditures made by ro organization that is related
gambling activity at this site in which the organization did not to a ceased premises pay must be approved by the director al the
.participate.. Board. Rent payments may not be made to an individual.
Aci-Nowi OF t-19ASETERMS
I affirm that this lease is the total and only agreement between the lessor and the organization,and that all obligations and
agreements are contained in or attached to this lease and are subject to the approval of the director of the Gambling Control Board.
other tams of the lease:
Signature of Lessor: Date: Signature ofrganization Official(Lessee): Date:
/J_' _'-/'Y/1 V t I
Print Name and Tithe Lessor Print Name and Title of Lessee:
e_N' Questions? Contact the Licensing Section,Gambling Control Board at Mail or fax lease to:
651-539-1900.This publication will be made available in alternative format(i.e. Minnesota Gambling Control Board
large print,braille)upon request. Data privrs cy notice:The information requested 1711 W.County Road B,Suite 300 South
on this form and any attachments will become public information when received by Roseville,MN 53113
the Board,and will be used to determine your compliance with Minnesota statutes Fax: 651-639-4032
and rules governing lawful gambling activities.