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HomeMy WebLinkAbout[04e] Premises Permit Application [Jaycees] Council Agenda Item 4e MEETING DATE: April 3, 2017 AGENDA ITEM: Premise Permit – Requested Action: Authorize the Mayor and Administrator to execute Resolution 2017-015 Approving the Premises Permit Application of the St. Joseph Jaycee’s to allow lawful gambling at the American Burger Bar. SUBMITTED BY: Administration BOARD/COMMISSION/COMMITTEE RECOMMENDATION: PREVIOUS COUNCIL ACTION: BACKGROUND INFORMATION: The St. Joseph Jaycee’s have previously held a premise permit at the St. Joseph Super America and due to the recent change in ownership; they will no longer be able to sell at that site. BUDGET/FISCAL IMPACT: ATTACHMENTS: Gambling Application Resolution 2017-015 Approving a Premises Permit Application for St. Joseph Jaycees Premises Permit Application Lease for Lawful Gambling Activity REQUESTED COUNCIL ACTION: Authorize the Mayor and Administrator to execute Resolution 2017- 015 approving the Premises Permit Application of the St. Joseph Jaycees to allow lawful gambling at the American Burger Bar. CITY OF ST. JOSEPH RESOLUTION 2017-015 RESOLUTION APPROVING A PREMISES PERMIT APPLICATION FOR ST. JOSEPH JAYCEES WHEREAS, Ordinance 602 of the St. Joseph Code of Ordinances outlines the regulations regarding lawful gambling activities, and WHEREAS, the St. Joseph Jaycees has submitted the required applications, and WHEREAS, the St. Joseph Jaycees has complied with all the requirements of Ordinance 602 of the St. Joseph Code of Ordinances. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ST. JOSEPH, MINNESOTA: that the premises permit application submitted by St. Joseph Jaycees to conduct lawful gambling at American Burger Bar, 2010 County Road 75 E, St. Joseph, MN 56374, is hereby approved. rd Adopted by the council this 3 day of April, 2017. ____________________________ Rick Schultz, Mayor ____________________________ Judy Weyrens, City Administrator - MINNESOTA LAWFUL GAMBLING 6/�5 Page 1 of 2 LG214 Premises Permit Application Annual Fee $150 (NON�REFUNDABLE� REQUIRED ATTACHMENTS TO LG214 1. If the premises is leased,attach a copy of your lease. Use LG215 Mail the application and required attachments to: Lease for�awful 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. ORGANIZATION INFORMATION Organization Name: ST JOSEPH JAYCEES License Number: 03011 Chief Executive Officer(CEO) �ANELLE LOEHLEIN Daytime Phone: 320-420-4633 Gambling Manager: ROSE JANSSEN Daytime Phone: 320-248-5324 GAMBLING PREMISES INFORMATION Current name of site where gambling will be conducted: AMERICAN BURGER BAR List any previous names for this location: STONEHOUSE Street address where premises is located: 2010 COUNTY ROAD 75E (�o not use a P.O.box number or mailing address.) City: pR Township: County: Zip Code: STJOSEPH STEARNS 56374 Does your organization own the building where the gambling will be conducted? �Yes �No If no,attach LG215 Lease for Lawful Gambling Activity. A lease is not required if only a raffle will be conducted. Is any other organiaation conducting gambling at this site? �Yes �No �Don't know Note: Bar bingo can only be conducted at a site where another form of�awful 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? �Yes �No �Don't know GAMBLING BANK ACCOUNT INFORMATION; MUST BE IN MINNESOTA Bank Name: SENTRY BANK Bank Account Number: 107660506 Bank Street Address: 400 4TH AVE NE City: ST JOSEPH State: MN Zip Code: 56374 ALL TEMPORARY AND PERMANENT OFF-SITE STORAGE SPACES Address(Do not use a P.O. box number): City: State: Zip Code: ST)OE MINI STORAGE ST JOSEPH MN 56374 MN MN LG214 Premises Permit Application bi�s Page 2 of 2 ACKNOWLEDGMENT BY LOCAL UNIT OF GOVERNMENT: APPROVAL BY RESOLUTION CITY APPROVAL COUNTY APPROVAL for a gambling premises for a gambling premises located within city limits located in a township City Name: ST IOSEPH County Name: Date Approved by City Council: T�1�-�� �=� +� � Date Approved by County Board: Resolution Number: Resolution Number: (If none,attach meeting minutes.) (If none,attach meeting minutes.) Signature of City PersonneL• Signature of County Personnel: ° , , _�r�(�L�' i' Ct'_.c`�,<;ZF;��'il S � �. Title: ^-� L`"t c{�ti��Ll Date Signed: '� i Title: Date Signed: TOWNSHIP NAME: Complete below only if required by the county. Locai unit of government On behalf of the township, I acknowledge that the organization is tt1USt 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: Signature of Township Officer: Title: Date Signed: ACKNOWLEDGMENT AND OATH i. I hereby consent that local law enforcement officers, 6. I assume full responsibility for the fair and lawful operation of the Board or its agentr,and the commissioners of all activities to be conducted. revenue or public safety and their agents may enter and inspect the premises. 7. I will familiarize myself with the laws of Minnesota governing lawful gambling and rules of the Board and agree, if licensed, 2. The Board and its agents, and the rnmmissioners of to abide by those laws and rutes, including amendments to revenue and public safety and their agents,are them. authorized to inspect the bank records of the gambling account whenever necessary to fulfill requirements of 8• Any changes in application information will be submitted to the current gambling rules and law. Board no later than ten days after the change has taken effect. 3. I have read this application and all information submitted to the Board is true,accurate, and complete. 9• I understand that failure to provide required information or 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(icense approval/denial. �Yl 3��I �!�- Signature o hief Executive Officer(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 Attomey Generel,Commissioners of Gambling Control Board(Board)to determine your private data about your organization until Administration,Minnesota Management& organlzation's qualificatio�s to be involved in lawful the Board issues the permit When the Budget,and Revenue; Legislative Auditor, gambling activities in Minnesota.Your organizaYwn has Board issues the permit,all information national and intemational gambling the right to refuse to supply the information; however, provided will become public. If the Board regulatory agencies;anyone pursuant to if your organ(zation refuses to supply this informatio�, dces not issue a permit,aIl infortnation 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 conseque�ce, exceptio�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 suppHes the information requested,the Board will be data abait your organizatron are available authorizes a�ew use or sharing of able to process your organization's application. Your to: Board members,eoard staff whose information aRer this notice was given;and organization's name and address witl be pu6lic work requires access to the information; anyone with your written consent. This form will be made available in altemative format,i.e.large print,brdille,upon request. MINNESOTA LAWFUL GAMBLING LG215 Lease for Lawful Gambling Activity ei�s Page 1 of 2 LEASE INFORMATION Organizatio�: License/Site Number: Daytime Phone: ST)OSEPH ]AYCEES 03011 Address: City: State: Zip: PO BOX 755 ST JOSEPH MN 56374 Name of Leased Premises: Street Address: AMERICAN BURGER BAR 2010 COUNTY ROAD 75 E City: State: Zip: Daytime Phone: ST)OSEPH MN 56374 320-363-4516 Name of Legal Owner: Business/Street Address: � � a Q City: S[ate: Zip: Daytime Phone: Name of Lessor(if same as legal owner,write�SAME"): Address: <'=ry'.�t��� City: State: Zip: Daytime Phone: Check applicable item: Q New or amended lease. Effective date: OS/O1/2017 . Submit changes at least ten days before the effective date of the change. QNew owner. Effective date: . Submit new lease within ten days after new lessor assumes ownership. CHECK ALL ACTIVITY THAT WILL BE CONDUCTED (no lease required for raffles) ❑✓ Pull-Tabs (paper) �✓ Electronic P�ii-Tabs ❑✓ Pull-Tabs (paper)with dispensing device � Electronic Linked Bingo � Bar Bingo �Bingo 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 � Paddlewheel �Paddlewheel with table 2• at a premises where bingo is conducted as the primary business and has a seating capacity of at least 100. PULL-TAB, TIPBOARD,AND PADDLEWHEEL RENT (separate rent for booth and bar ops) BOOTH OPERATION: Some or all sales of gambling equipment are conduded by an employee/volunteer of a licensed organization at the leased premises. ALL GAMES,induding electronic 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 conduc[ed 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: 15 %, not to exceed 15"/0 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: 20 %, not to exceed 20%of gross profits from all other forms of lawful gambling. . If any booth sales conducted by a licensed organization at the premises, rent may not exceed 10�i�u of gross profits for that month and is subject to booth operation �1,750 cap. BINGO RENT (for leased premises where bingo is the primary business conducted,such as bingo hall) Bingo rent is limited to one of the following: . Rent to be paid: %,not to exceed 109�0 of the rnonthly 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 foot 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. LEASE TERMINATION CLAUSE (must be completed) The lease may be terminated by either party with a written 30 day notice. Other terms: LG215 Lease for Lawful Gambling Activity 6i�s Page 2 of 2 Lease Term: The term of this agreement will be concurrent Other Prohibitions: 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. of the lessor will not require the organization to perform any Participation as Players Prohibited: The lessor will not par- action that would violate statute or rule. The lessor must not ticipate 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 occurced,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 Gambling: 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 7865.0220, 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 rnust maintain a record of all action to stop the gambling. Continued tenancy of the organiza- 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 the Board for violations of this provision, as revenue 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 know�edge,the lessor affirms that any Rent 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 terms 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 activlty - 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 - �n the case of bar operations,cash shortages. enforcement authority or to the Board,the conduct of illegal Any other expenditures made by an organization that is related gambling activity at this site in which the organization did not to a leased premises must be approved by the director of the participate. Board. Rent payments may not be made to an individuat. ACKNQWLEDGMENT OF LEASE TERMS 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 diredor of the Gambling Control Board. Other terms of the lease: Signatur o sor: Date: Signa re of Organization O�cial (Lessee): Date: ,; - � _ Z��, - i"t "� 3 -�-/-7 Print Name an Title of Lessor: PrinE a e and Ti I of Lessee: "�s�,, � � �/ ����� � ��t ��t ��� � � �� 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 privacy 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 55113 the Board, and will be used to determine your compliance with Minnesota statutes Fax: 651-639-4032 and rules goveming lawful gambling activities.