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HomeMy WebLinkAbout20100216 - VI-23 To: Mayor Hicks and City Councilmembers From: Adeline Schroeder, Deputy City Clerk Date: February 11, 2010 Re: Application for Lawful Gambling Permit—MLBA Children’s Fund Recommended City Council Action: Approve the attached resolution, approving a Lawful Gambling Permit for MLBA Children’s Fund at DuGarel’s, Inc., 3475 Vermillion Street South. Background: MLBA Children’s Fund has paid the required fees of $150.00. If Council should approve this application, the attached resolution will be sent to the Alcohol and Gambling Enforcement Division showing the City’s approval. History: MLBA Children’s Fund has discontinued operation at Tubby’s Bar and Grill, 412 Vermillion Street. Should you have any concerns or questions, please do not hesitate to contact me. City of Hastings ? 101 Fourth Street East ? Hastings, MN 55033-1955 ? p:651-480-2350 ? f:651-437-4082 ? www.ci.hastings.mn.us CITY OF HASTINGS DAKOTA COUNTY, MINNESOTA RESOLUTION NO. 02- -10 RESOLUTION APPROVING APPLICATION OF A PREMISE PERMIT APPLICATION FOR LAWFUL GAMBLING WHEREAS , MLBA Children’s Fund has presented an application to the City of Hastings to conduct Lawful Gambling at DuGarels, Inc., 3475 Vermillion Street South, Hastings, MN 55033; and WHEREAS , the premise application is for Class B which permits raffles, paddlewheels, tip boards, and pull-tabs; and WHEREAS , MLBA Children’s Fund 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. WHEREAS, MLBA Children’s Fund has paid the applicable fees of $150.00. 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 at DuGarels, Inc., 3475 Vermillion Street South, Hastings, MN 55033. ADOPTED BY THE CITY COUNCIL OF THE CITY OF HASTINGS THIS 16th DAY OF FEBRUARY, 2010. Ayes: Nays: Absent: _____________________________ __________________________ Melanie Mesko Lee, City Clerk Paul J. Hicks, Mayor SEAL Minnesota Lat+trifu! Gambling 4110 Page 4 of 2 ~u~ e~ rremrses lrerml~ /a-ppltCall01'1 Annual Fee $15© ~oReoAROUSi=_olal_Y Check # Organization Information $ i .Organization name MkBA Children's iFund License number X4087 2. Chief executive officer CEO Steve Trimble 651-769-3805 { ) 1]ayfime phone Colin Minehart 651-983-7071 3. Gambling manager Daytime phone Gambling Premises Information 4. Current name of site where gambling will be conducted Dugarels Burgers & tlllings 5. list any previous names for this location 6. Street address where premises is located 3475 Vermillion Street S (Do not use a P_D. box number or mailing address 7. Gity ~ ~'ownship County Zip code Hastings CSR Dakota 55033 . Does your or an~zation own the building where the gambling will be conducted? ,Yes ~No If no, atfach LG245 Lease for Lawful Gambiing Activity . Is any o#her organization conducting gambling at this site? QYes ~ Ida ^ Don`t know i t). Has your organization previously conducted gambiing at this site? ~[ ,_Yes ~X ,hto Gambling Bank Account Information (must ~ In Minnesota} 1. Bank name Bremer Bank Bank account number 15398517 2. Bank street address City Sate Zip code 29b5 White Bear Avenue Maplewood MN Ss7t>9 All Temporary and Permanent Off site Storage Spaces for amblin a ui ment and records related to this site -must be stored in Minnesota 13. Address {Do not use a lo.D. box number) City State Zip code 7983 Sloan Piece Mapiewood MN 55177 MN Bingo Occasions (including bar bingo) 14. Enter day and beginninglending hours of bingo occasions (A.M. or P.M.). An occasion may not exceed 8 hours. Day BeginninglEnding Hours Day Be ginni n g l E nding Flours ~ ` ' ` ` ~' #o ~ I to ~_ to l ~ ~ to to ~ to ~ ~ ~ to ~. 'x r .ti. i_~{ ~_ ~s 1 t z.r Reset Form f, ~ ; Pnnt Fot`tn LG21~ Premises Peirmit Application 1110 Pa e2of2 Local Unit of Government Approval CITY APPROVAL for a gambling premises located COUi~tTY APPROVAL for a gambling premises located within city limits in a township City name Hastings County name Date approved by city council l 1 Date approved by county ! I Resolution number Resolu#ian number Signature of city personnel Signature of county personne! Title Date 1 1 Title Date 1 I Acknowledgment and Oatih 1. I hereby consent that local law enforcement officers, 5, tam the chief executive officer of the organization. the Board or its agents, and the commissioners of 6. l assume full responsibility far the fair and lawful operation of revenue ar public safety and their agents may enter a[I activi#ies to be conducted. the premises to inspect sx and enforce the law. 7_ I will familiarize myself with the laws of Minnesota governing 2. The Board and its agents, and the commissioners of lawful gambling and rules of the Board and agree, if licensed, revenue and public safety and their agents are fo abide by those laws and noes, including amendments to authorized to inspect fhe bank records of the them. gambling account whenever necessary to fulfill g, Any changes in application information wilt be submitted to the requirements of current gambling rules and law. Saard no later than 10 days after the change has taken effect. 3, I have read this application and all information submitted to the Board is true, accurate, and g, i understand that failure fo provide required informaticn or complete. providing false or misleading information m y result in the ' " 4. All raga fo ation has been fulxdisdo denial or revocation of the license. ~ D /~ Signature o Chie ecutive pfficer designee may not sign) Date Steve Trimble Print name Req~irad Attachments Monthty Regulatory Fee 1 If the premises is leased, attach a copy of your lease. if you receive a premises permit for this site, tfiere is a , Use LG215 tease for Lawful Gambling Activity. monthly regulatory fee of 0.1 % (.001) of gross receipts from lawful gambling conducted at the site. 2. $150 annual premises permit fee, for each permit. The fee is reported an fhe G1 Lawful Gambling Make check payable to "Stale of Minnesota." Monfhly Summary and Tax Return and paid with the monthly tax report. Mali to: GambNng Control board 1711 West County Road 13, Suite 300 South Roseville, MN 55113 This form will be made available in attemative format (i. Questions? Cail 65i-6344000and askfor Licensing. e, large print, Brdille} upon request. Data privacy notice: The information Your organization's name and address work requires access to the information; requested on this form (and any will be public information when Mlnnesata's I]epartment of Public Safety; attachments} will be used by the Gambling received by fhe Beard. All other Attorney General; Commissioners of Control Board (Board) to determine your information provided will be private Administrahlon, Minnesota Management & organization's qualifications to be involved data until the Board issues the permit. Budget, and Revenue; I_eglsiative Auditor; in lawful gambling activities in Minnesota. When the Board issues the permit, all national and international gambling Your organization has the right to refuse to information provided will became public. regulatory agencies; anyone pursuant to supply the information requested; If the Board does not issue a peRnif, all court order, other individuals and agencies however, If ypur organization refuses to information provided remains private, specifically authorized by stafe or federal supply this Information, the Beard may not with the exception of your law to have access to the information; 6e able to determine your organization`s organization's name and address that individuals and agentles far which law or qualifcatiors and, as a consequence, may will remain public. Private data about legal order authorizes a new use or sharing rBfUSe fo issue a permit. If your your organization are available #o: of information after this notice was given; organization supplies the informatiom Board members; Board staff whose and anyone with your written consent. requested, the Board will be able to process your organization's application. Reset ~ot'sri P~~n{ FortYr ;:E,.: Minnesota Lat+vfu! Gambling LG~'I5 Lease far Lawful Gambling Activity ,~,a Page, oft heck applicable item: ~ 1. New application. Submk lease with new premises pem~it application. 2. New owner. Effective data Submit new lease within , 0 days attar new lessor assumes ownership. 3. New lease. (Do not submit existing lease with arnanded changes}. Date that changes wiA be affedlve. Submit changes at least 10 days before the effaotive date of the change. (kganizaUon name Address License number Daytime phone ML$A Citiidren's i=und t ~~ Sloan Place, Suite 15 04Q67 5~-Z$g-5603 Name of leased premises Street address City State Zip ^ayllme phone 0ugarels Burgers & Wings 3475 Ver>Iniiiion Street S Fastings MN 55083 d51-437-370Q ame of legal owner of premises Businesslstreek address City State Zip Daytime phone taugarefa inc. same Mast€ngs MN 55033 ssntf Name of lessor {if same as legal f3usinesslstreet address City State Zlp Daytime phone owner, write in "SAME") ssie Ritter same Hastings MN 55033 same f~itetk ail OCtiVities that will be, condud4ed ~. Pull-tabs ~ Pull-tabs with dispensing device ~Tpboards ~. Paddlewheel ~ Paddlewheel with tabie r Bingo r Bar bingo Pull-tab, Tipboard, _aiid Paddlewheel Rent (~ tease requtr~ed-for reifies.) . Booth operation -sales of gambling equipment by an empbyee Bar operation -sales of gdmtiling equipn~enC within a teased {or rrotunteer) of a lire anganizaHon within a separate enclosure premises blr an employee of the lessor hnm a oommat area where that Is distinct from areas where fond and beverages are sdd. Food and beverages are also sold. rpoes yourn~nization Olt anY~ otfrer or9anFzafean conduct gamblingf from a booth pperation at this iocatierr7 , ` ,,,]~.G _Yes I No If you answered~~$ 1A the question above, rent limits are if you answered 110 to the question above, rent limits are based on the faAatn+ing oambinations of operation; based on the fallowing oombinatlons of operation; - Booth operation - Bar aperaiion - Booth gperation and pull-tab dsspensirtg device - Bar operation with pull-tab dispensing device - Booth operation and baroperation - -Pull-tab dispensing device only Booth operation, bar operation, and pull-tab dispensing device The maximum rent allowed may not exceed #1,750 in total per month for all organizations at this premises. COiMPlETE ONE OPTION: COMPt.EI'E ONE OPTION: Option A: 0 to iD% of the gross profits per month. Percentage Option A: 0 to 20°/° of file gross profits per to be paid % month. Percentage to be paid % Option B: When gross profits are $4,000 or less per month, $0 Option $: When gross profits are $1,000 Or less per month, $0 to #q00 per month may be paid. Amcunt to he paid $ to $ZOQ per month may be paid. Amount bo be paid $ Option C: $0 to $400 per month an the first $4,000 of gross Option C: $0 tp $200 per month an the first $1,004 of grass profit. Amount to be paid $ AOQ proflks. Amount to be paid $ Plus, 0% to f0% of the gross profits may be paid per month on Plus, D% to 20% of the gross profits may be paid per month on gross profits over $4,000. Percentage 6o be paid ~ 0 % gross profits aver $1,400. Percentage td be paid % Bingo Rent Bar Bin a Rent Option U: 0 to 10% of the gross profits per month Pram all Option F: No rent may be paid far bingo lawful gambling acgvities held during bingo occasions, excluding conducted In a bar. bar bingo. Percentage to be paid % option E: A rate based on a cost per square foot, not to exceed 110% of a comparable cost per square foot for leased space, as NBW BingO.ActiVlty approved by the director of the Gambling Control Board. No rent may ~ any new binge activity not previously be paid for bar bingo. Rate to be paid $ per square foot. canfim~ the oornparable rate and elf appl[cable ~ t0 be paid by the included in a Premises Permit AppllcaGan, attadl organization to the lessor. The lessor musk attach documentation, a separate sheet of paper listing the days and verified lay the argantzation, to hours that bingo will be conducted. i`~z~ 5 [.ease rot Lawtu~ Gambli Lease Term The term of this lease agreement will be oaxurrertt with the premises permit issued by the Gambling Centmi Board (Board). Management of Gambling Prahillited The owner of the premises or the lessor wilt not manage the conduct of gambling at the premises. Parlocipadon as Players Prohibited The lessor will not participate directly or [ndin:d{y as a player in arty lawful gambling conducted an the premises. The lessor's immediate family will not participate diracti}r or indinectiy as a player to a pull-tab, tipbdard, ar paddlewheel game conducted on the premises. Illegal Gambling The lessor is aware of the prohibition against 71ega1 gambling in Minnesota Statutes 609.75, and the penalties for illegal gamWfng violations in Minnesota Rules 7$65.07..20, Subpart 3. In addition, the Board may authorize the organization to withhold rent for a period of up to 9li days ff the Board det;°rrrrine5 that illegal gambling occurred on the premises or that the lessor yr its employes participated in the iiiegal gambling or knew of the gambling and did not lake prompt action tIa stop the gambling. Cordinued tenancy of fife organization is authorized without payment of rent during the time period determined by the Board for violations of tills provision, as authorized by Minnesota Statutes 349.18, Subdivision i(a). To ttte Crest of the terra's knowledge, the lessor affirms that any and ail games or devices located on the premises are not being used, and are not capable of being used, In a manner that violates the prohibitions against illegal gambling in Minnesota Statutes 609.75. Notwithstanding Minnesota Rules 7865.0220, Sutrpart 3, an organization must continue making rent payments under fire berms of this lease, if the organization or its agents are found to be solely responsible far any illegal gambling, conducted at this site, that is prohibited by Minnesota Rules 7861.02110, Subpart i, iterrr H or Minnesota Statutes 1109.75, unless the organization's agents responsible for the illegal gambling activity are also agents or employees of the lessor. The (error must not modify or terminate the lease in whole or in part because the organization reported, bo a state or local law enforcerrtent authority or the Board, the conduct of illegal gambling activity at this site in which the organization did not participate. 1l10 Page 2 of 2 ptlter Prohib[tions The lessor will not impose resbictions on the organization with respect to providers {distributors) of gambling-related equipment and services ar in the use of net profits for lawful purposes. The lessor, any person residing in the same household as the lessor, ttie [essot"s imrttediabe family, and any agents or employees of the lessor will trot require the arganizatlon to perform arty adipn that would violate statute or rule. The lessor must not modify or Germinate this lease to whole or in part due to the lessors viokatian of this provision. If there is a dispute as tp whether aviolation ocairred, fire lease will remain in effect pending a final determination by the CampHance Review Group (CRG) of the Gambling Control Board. The Eessor agrees Gv arbitration when a vfoladon of this provision is alleged. The arbitrator shad rte the CRG. Access to permitted premises The Board and its agents, the commissioners of revenue and public safety and the+r agents, and Eaw enforcement personnel hays access the permitted premises at any reasonable time during the business hours of tits lessor. The organization has access to the permitfied premises during any time reasonable and when necessary for the utnduct of lawful gambling on kiie premises. Lessorreoords The lessor must maintain a record of alt money received from the organization, and make the rernrd available th the Board and its agents, and the eammtsstoners of revenue and public safety and their agents upon demand. The record must be maintained fior 3-1/2 years. Rent a!I-inclusi,-e Amounts paid as rent by the organization to the lessor are a[I-indus No outer services ar expenses provided or contracted by the lessor may rte paid by the organization, induding but rat limited to: - trash removal -janitorial and deantng services - elecbidty, heat - outer utilities or services -storage -security, security monitoring - snow removal -lawn services - in the case of bar operations, cash shortages Any other expenditun~ made by an organization that is netated bo a leased premises must be approved by the director of the Gambling Control Board. Rent payments may rat be made to an individual. Changes in lease If a change in ownership occurs, the organization will submit an amended (ease td the Board wiutin 10 days after the rtew lessor has assumed ownership. If file lease is amended with no change in ownership, the arganizativn will submit the amended lease tb the Board at least 10 days ttefore the effective date of the droops. Acknowledgment oil' Lease Terms I afl9rm that this cease is the total and only agreement between the lessor and ute organization, and that all obligations and agreements are contained [n ar attadted Go this lease and are subject to the approval of the direttar of tits Gamiriirrg Control Board. The lease may be terminated by either party without cease with a 30-flay vnritten notice. Other terms: ~o ids of lessor. Owner Print name an 8 of lessee [o1imJ Ml rt,+:rtam6ling Manager Contact the tlcertsina Settlon. Gam6llna Control Board, at 651-fi39-40UD. [tale ~~~~ I D This blipt[on will be made available In aitemative format r.e. Ea a tin lit'ail[e u n uest. f ~:.y4~pflrtt~fi -{k;i' I~ C' rg P tr ) ~ ~ ri~Y~}~~~T:,~ti~t~c., Data privacy notice: The information requested on this form and any attachments will become public information when received by the Boats, and wid be used to deberrntne your oompiianoe with Minnewta statutes ,~ 4 and rulesgoveming lawful gambling adirities. ~TL~_R ~4~?~ ?