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HomeMy WebLinkAbout20080721 - VI-19~~ MEMORANDUM To: Mayor Hicks & Councilmembers From: Melanie Mesko Lee Date: July 21, 2008 Re: Resolution-Application for Premise Permit for Lawful Gambling at the Coliseum, 1840 Vermillion Street Council Action Requested: Adopt the attached resolution that approves a Lawful Gambling Premises Permit Application at The Coliseum, 1840 Vermillion Street. The license will be in effect from July 21, 2008 to July 21, 2010. Background: Application has been received for a premise permit for lawful gambling at the Colseum, 1840 Vermillion Street. This application is for a Class B license, which allows pull-tabs, tip boards, paddlewheels, and raffles. The licensee will need to pay the required license fees and be in compliance with the City's donation requirements. ~4~ at Fia~.tir~.s • 1Q1 Fau±~tta ~~e~t Est * H~-t~~!~~, PAiw SS~~~-155 ~ ~:E~1--~~50 + Y:6~1~A~~~-~f~ • w~~~a.c~.h~-~tln~~.mn.~t: CITY OF HASTINGS DAKOTA COUNTY, MINNESOTA RESOLUTION N0.07- -08 RESOLUTION APPROVING APPLICATION OF A PREMISE PERMIT APPLICATION FOR LAWFUL GAMBLING WHEREAS, the Climb Theatre has presented an application to the City of Hastings to conduct Lawful Gambling at The Coliseum, 1840 Vermillion Street, Hastings, MN 55033; and WHEREAS, the premise application is for Class B which permits raffles, paddlewheels, tip boards, and pull-tabs; and WHEREAS, the Climb Theatre shall comply with all applicable laws governing lawful gambling, including the requirement for 50% of lawful gambling expenditures to be used for lawful purposes with the City of Hastings trade area. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hastings that the Mayor and City Clerk are authorized and directed to sign this resolution and forward it to the Minnesota Department of Gaming, Gambling Control Division, showing approval of this application for a Premise Permit for The Climb Theatre at The Coliseum, 1840 Vermillion Street; Hastings, MN 55033. ADOPTED BY THE CITY COUNCIL OF THE CITY OF HASTINGS THIS 21ST DAY OF JULY, 2008. Ayes: Nays: Absent: Me ame Mes o Lee, City C er Pau J. Hic s, Mayor SEAL 07/11/2008 14:59 6514539274 CLIMB THEATRE July 11, 200$ City of plastiz~°'s ATTN: Adeline Schroeder, Deputy Clerk 101 4~' St. E. Hastings, MN 55033 CI,IMBTheatre, Inc. 6415 Carmen Ave. Inver Grave Heights Minnesota 55076 651-453-9275 800-7'67-9660 651-453-9274 FAX www.Cl i mb.arg mall@climb.org Dear Ivleznbezs of tl><e City Council, I am. zequesting a resolution firoin the City of I-Iastings for CLIMB Theatre, Inc. to conduct Chazitable Gaixiing at The Coliseum, 1840 Verziai,lliaz~ St., Hastings, MN 55033. I have enclosed copies of the signed lease and Pzepoases pexmiit application. If you can add us to the agenda far your next July meetiztg it will be greatly appreciated. Since The Coliseum is currently without gaining, we would like to be up and rurming August 1. I will plan to attextd the Council meeting; just let z~0,e laotow w17~en a><ad I will be happy to be thew. please call with any questions. Thanks so much. SixJ,cezely, s~~~~ Lawrie Gluesiz>;g Gambling Manager, ext. 11 PAGE 02 Creative Learning Ideas for Mind and Body 07111/2008 14:59 6514539274 CLIMB THEATRE PAGE 04 Minnesota Lauvful Gam Ing 5/oa LG215 Lease for Lawful Gambling ACtivitl/ Page 1 of z C applicable item: _1. Lease for new applicatio $ubmitwith new premises permit application. 2. Renewed lease. Submit w h premises permit renewal. _ 3. Now owner. Effective date / 1 Submit new or amended Isase within 10 days after new lessor assumes ownership. 4. Amended lease • Checkthe change(s) i the lease: Rent Premises name _Boothlbar Activity change _Ghher • Date that changes wil bg effectve I_f • Both parties must initi I and date all changes. • Submit changes at le st 10 da s b®fore the effective date of the change. Organisation name ~ License number ~ ~Q `~ a i phone ~ c~ a~ Nam leased premises Streetaddress City State Zip Dayti'mephope - ~ ~. i S~CI.~ ~ i1~i~l/L~ s7`. ~ 3 s i ~- ~.~ f legal owner of premises N a m e o Businesslstreeteddress Ciry State Zip ~~ ph~ /_ _ ~ .- - V ~ Dom, ~ <~~~~n'~~ ~ d Name of lessor (if same as legal Businesslsfreet address City State Zip Daytime phone owner, write In "SAME") /1 Check (~) all a i~ities t twill be conducted -,-,-Pull-tabs Pull-tabs with d pensing device Tlpboards Paddlewheei -Paddlewheel with table -Bingo ar bingo Pull-tab, 'T~pboard, and Paddlewheel Rent (nlo lease required for raffles.) Booth operation -sales of gam Irig equipment by an employee Bar operation -sales of gambling equipment whhln a leased (or volunteer) of a licensed organi tion within a separate enclosure premises by an employee of the lessor from a common area where that Is dlstlna from areas where fo and beverages are sold, food and beverages are also sold. ~ r _. Doe , .our organization OR ~Y other organization condu gambling ~ ~. ~, fro No a booth operation at this location? ,,,-,_ Yes J L - - - - - - - _ _ - - - - - - - - - - - - - - - - - - If you answered yes to the qu stton above, rent limits are If you answered n0 to the question above, rent limits are based on the following combinati n~ of operation: based on the following combinations of operation: - Booth operation - Bar operation - Booth operetion and pull-tab spensing device - Bar operation with pull-tab dispensing device - Booth operation and bar oper tion - Pull-tab dispensing device only - Booth operation, bar operatic ,and pull-[ab dispensing device The maximum rent allowed ay not exceed $1,750 In total The maximum rent allowed may net exceed $2,500 In meal per month for all organlzatl at this premises, per month for all organlzatlons at this premises. COMPLETE ONE OPTION: COMPLETE ONE OPTION: Optlan A: 0 to 10% of the gro profits per month. Option A: 0 to 20a/o of th gro profits per month. ~ Percentage to be paid % Percentage to be paid,~ % Option B: When gross profits a $4,000 or less per month, $0 to Option B: When gross profits are $1,000 or less per month, $D $404 per month may be paid. A oUnt to be paid $ to $Z00 per month may be paid. Amount to be paid $ Option C: $0 to $400 per mont qn the first $4,000 of gross Option C: ~0 to $200 per month on the first $1,000 of grass profit. Amount to be paid $ profits. Amount to be paid $ _ Plus, 0% to 10°~ ofthe gross pr i~ maybe paid per month en Plus, 0% to 20% of the gross profits may be paid per month on gross profits over $4,000. Per cage to be paid Wo gross profits over $1,000. Percentage to be paid % Bi p Rent Bar Bingo Rent Option D: 0 to 10% of the gro. profits per month from all lawful Option F: No rent maybe paid for bingo gambling activitiesheldduringbi gooccaslons,exdudingbarbingo. conductedinabar. Percentage to be paid ~_,___ o Option E; A rate based on a c ° t~ per square foot, not to exceed New Bin o Activit 6 of a comparable cost per 110 quare foot for leased space, as y g approved by the director of the mbling Gonirol Board. No rent maybe For any new bingo act[vlty not previously paid for bar bingo. Rate to be p The lessor mustattach docume id ~ per square foot. #ion, verified by the organization, to included In a Premises Permit Application, confirm the comparable rate an all applicable costs to be paid by the attach a separate Sheet of paper listing the organization to the lessor. days and hours that bingo will be conducted. 07/112008 14:59 6514539274 CLIMB THEATRE LG215 Lease for ~nfful Gambling Activity PAGE 05 5/Qa Page Z of Z Lease Term Other Prohibitions The term of this lease agreement illbe concurrent with the • The lessor will not Impose restrictions on the organization with respect premises permit Issued by the Ga Ilhg Control board (hoard). to providers (distributors) ofgambling-related equipment and services or in the use of net profits for lawful purposes. Management of Gambling The owner of the premises or the I rohlbited s9or will not manage the .The lessor any person residing in the same household as the lessor ' r conduct of gambling at the premi the lessor s immediate family, and any agents or employees of the lessor will not require the organization to perform any action that Participation as Players P rbited would violate statute or rule. The lessor must not modify or terminate The lessor, the lessor's immediate -~llly and any agents or this lease in whole or in part due Ln the lessor's violation of this gambling employees of the lessor , III not participate as players provision. If there is a dispute as to whether a violation occurred, the lease will remain in Affect pending a final determination by the In the Conduct of lawful gambling QCCEPTION: The lessor's Immedlat the premises. family and lessor's Compliance Review Group (CRC) of the Gambling Control Board. The employees may particpate in bar ngo If they dre not Involved lessor agrees to arbitration when a violation of this provision is alleged. The arbitrator shall be the CRC. in the sale or operation of bar Bing Illegal Gambling Access to permitted premises • The lessor is aware of the prohib 'an against illegal gambling The Board and Its agents, the commissioners of revenue and public in Minnesota Statutes 6x9.75, a d the penalties for Illegal safety and their agents, and law enforcement personnel have access to gambling violators in Minneso Rules 7865.0220, Subpart 3, the permitted premises at any reasonable time during the business hours In addition, the Board may auth ae the organization to of the lessor. The organization has access to the permitted premises withhold rent for a period of up 90 days If the Board during any time reasonable and when necessary for the conduct of determines that illegal gambling ccurred on the premises and lawful gambling on the premises. that the lessor or Its employees rticipated in the illegal Lessor records gambling or knew ofthe gamblln action to stop the gambling. Co dnd did nottake prompt tinned tenancy of the The lessor must maintain a record of all more received from the y organization is authorized wltho t payment of rent during the organization, and make the record available to the Board and Its agents, time period determined by the B and for violations of this and the commissioners of revenue and publlt safety and their agents provision, as authorized by Mln uta Statutes 349.18, upon demand. The record must be maintained for 3-1/2 years. Subd(v~{on i(a). • To the best of the lessor's know) age, the lessor affirms that Rent all-inclusive any and all games or devices loc tad on the premises are not Amounts paid as rent by the organization to the lessor are all-inclusive. being used, and are not capaple f~being used, in a manner No other services or expenses provided or contracted by the lessor may that violates the prohibitions ago sf illegal gambling in be paid by the organization, Including but not limited to trash removal, MlnneSOta Statutes 609.75. janitorial and cleaning services, Snow removal, lawn services, edectricfty, • Notwithstanding Minnesota Rul 7865.0220, Subpart 3, an heat, security, security monitoring, storage, other utilities or services. organization must continue makl g rent payments under and in the case of bar operations, cash shortages. the terms of this lease, If the or found to be solely responsible fo nlzatlon or its agents arse amy illegal gambling Any other expenditures made by an organization that Is related to a conducted at this site, that is pr , ibited by Minnesota Rules leased premises must be approved by the director of the Gambling Control Board. Rent payments may not be made to an individual. 7861.OZ60, Subpart 1, item H o Minnesota Statutes 609.75, unless the organlzatlon's agents esponslbie for the illegal Changes in lease gambling activtty are also agar • The lessor must not modify or to of employees of the lessor, irate the lease in whole or If the lease Is amended with no change in ownership, the organization in part because the organization reported, to a state or local will submit the amended lease to the Board at least 10 days before the law enforcement authority or t» the conduct of illegal Board effective date of the change. If a change In ownership occurs, the gambling activity at this site In w , Ith the organization did noC organization will submit an amended lease to the Board within 10 days participate. after the new lessor has assumed ownership. Acknowledgment of leas berms I afArm that this lease is the total and only agreement between the lessor and die organlxation, and that all obligati sand agreemerm are contained in or attached to this lease and are subject to the approve/ of the director of the Gamtrling ontrol Board. Other terms ~• 51gna cer'of Date " Sig lure of organisation official (lessee) Da~ ~' / a ~o u t e an a of lessor Print~~me~and title lessee ,Q/f ~ Lg~se 's busi~s address 1 r/ ~ o Questions? Contact the lioensln Smction, Gambling Contra! Board, at 651-639-4000. 'rhl9 publication will be made avdilBUle in alternative format (i.e, large print, raille) upon request. The information requested on this farm will become public information when received by the Board, and used t determine your compliance with Minnesota statutes and rules governing lawful gambling activities. 07/11/2008 14:59 6514539274 CLIMB THEATRE PAGE 09 dl Minnesota Lawful LG214 Premi<. Organization Infor Organization name ermit Application Chlefexecutiveofficer(CEO) i Gambling Premises in rmation Annual Fee $150 6107 Page 1 of 2 FOR BOARD USE ONLY Check # //'~++ License number` rr© ~ ~ / C.~ Daytimephone ~/l ~~ 9• Name of establishment whe 'gambling will be cponduced w L- ~~~ Street address where premi es is located ~ a ~ ~~ ~ ~~ (Do not use a P.O. box numb ror mailing address) City ;Township County Zip code Does your organization own t ebuilding where the gambling will be conducted? Yes ~No If no, attac Ii.G215 Lease for Lawful Gambling Activity Gambling Bank Acco rat Information (must be in Minnesota) Bank name ~ Bank account number Bank street ddr ss City State/Zip coda ~ ~~ All Temporary and P rtnanent Off-site Storage Spaces (for gambling equipment a records related to this site - must be stored in Minnesota) Address (Do not us a P. .box number City State/Zip code Bingo Occasions i;ln {tiding bar bingo) Enter day and beginning/en ng hours of bingo occasions (indicate A.M. or P.M.). An occasion may not exceed 8 hours. p~ lEndin ~ Beainnina/Ending Hours to t0 L jy ~ to _ to to to to to ~ to to ~ to to .,_._-- ~~ to to t0 to to to to to t0