HomeMy WebLinkAbout20080219 - VII-2/VIII-C-2VII-2 ,~~ .~~ - - To: Mayor Hicks & City Councilmembers From: Melanie Mesko Lee, Assistant City Administrator Re: Gambling Trade Area Date: February 14, 2008 Council Action Requested: Conduct a public hearing and 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 City 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 City of Hastings at the time of the expenditure. If adopted, the amended requirements imposed by City ordinance would be effective for all expenditures for lawful purposes made after March 1, 2008. City Attorney Dan Fluegel bas 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 ANORDINANCE OF THE CI7'YOFHASTINGS, MINNESOTA AMENDING CHAPTER LID OF THE HASTINGS CITY CODE PERTAINING TO GENERAL BUSINESS LICENSING FOR LAWFUL GAMBLING. BE IT ORDAINED BY THE 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 sha11 be effective for all expenditures for lawful purposes made after 3-1-2008. Council member moved a second to this Resolution, and upon being put to a vote it was unanimously adopted by all Council members present. Adopted by the Hastings City Council on this 19th day of February, 2008, by the following vote: Ayes Nays: Absent: CITY OF HASTINGS Paul J. Hicks, Mayor ATTEST: Melanie Mesko Lee, City Clerk/ Assistant City Administrator I 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 Dakata, 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• FRUEGEL LAW FIRMP.A. 1303 South Frontage Road, Suite #5 Hastings, MN 55033 651-438-9777 ~~