HomeMy WebLinkAbout20080204 - VI-05VI-5
To: Mayor Hicks & City Councilmembers
From: Melanie Mesko Lee, Assistant City Administrator
Re: Gambling Trade Area
Date: January 31, 2008
Council Action Requested:
Conduct a first reading and order a public hearing/second reading for an ordinance
amendment relating to gambling trade area.
Background Information:
City ordinance conflict with state statute with regards to the definition of trade area for
lawful gambling expenditure requirement. Current language requires that any
organization conducting lawful gambling within the Ciry must spend 50% of its
expenditures for lawful purposes conducted or located within the City's trade area. The
city's trade area is defined to be all areas within the City of Hastings' corporate
boundaries and the boundaries of all cities and townships contiguous to the Ciry of
Hastings at the time of the expenditure. if adopted, the amended requirements imposed
by City ordinance would be effective for ali expenditures for lawful purposes made after
March 1, 2008.
City Attorney Dan Fluegel has reviewed the statute, and recommends the change to
remain in compliance with state statute_ If you have any Questions, please let me know.
ORDINANCE NO. ,THIRD SERIES
AN ORDINANCE OF THE CITY OF HASTINGS, MINNESOTA
AMENDING CHAPTER IIO OF THE HAS7`WGS CITY CODE PERTAINING TO GENERAL
BUSINESS LICENSING FOR LAWFUL GAMBLING.
BE IT ORDAINED BY TAE CITY COUNCIL OF THE CITY OF HASTINGS AS FOLLOWS:
Chapter 110 of the Hastings City Code is hereby amended and ~ 110.17 (F) shall be deleted in its
entirety and replaced as follows:
(F) Lawful expenditure requirement.
(1) Pursuant to the authority granted by M.S. § 349.213, as it may be amended from
time to time, any organization conducting lawful gambling within the city must spend at least
50% of its expenditures for lawful purposes conducted or located within the city's trade area.
The city's trade area is defined to be all areas within the City of Hastings corporate boundaries
and the boundaries of all cities and townships contiguous to the City of Hastings at the time of
the expenditure_
(2) The requirements imposed by this subdivision shall be effective for all expenditures
for lawful purposes made after 3-1-2008.
Council member
being put to a vote it was unanimously adopted by all Council members present.
Adopted by the lastings City Council on this 19th day of February, 2008, by the
following vote:
Ayes
Nays:
Absent:
ATTEST:
moved a second to this Resolution, and upon
CITY OF IIASTIIVGS
Paul J. Hicks, Mayor
Melanie Mesko Lee, City Clerk/
Assistant City Administrator
1 hereby certify that the above is a true and correct copy of the Resolution presented to
and adopted by the City of Hastings, County of Dakota, Minnesota, on the 19`~ day of February,
2008, as disclosed by the records of the City of Hastings on file and of record in the office.
Melanie Mesko Lee,
City Clerk/Assistant City Administrator
THIS INSTRUMENT DRAFTED BY:
FLUEGEL LAW FIRM P.A.
1303 South Frontage Road, Suite #5
Hastings, MN 55433
65i-438-9777
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