07-1193Presented By
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l,
ORDINANCE
OF SAINT PAUL, MINNESOTA
Council File # ��
GreenSheet# ���7n'�n
0
An ordinance amending chapter 409.21 of Yhe Saint Paul Legislative Code to
allow sales of gambling equipment within a leased premises by an
employee of the lessor from a common area where food and
beverages are sold.
✓q,y� /S
7pO
THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN
Section 1
Section 409.21 of the Saint Paul Legislative Code is hereby amended to read as follows:
Sec. 409.21. Bingo, Pull-tabs and tipboards in bars by qualified charitable nonprofit
organizations.
(a) Permission ofcity council; endorsement; termination:
(1) On-sale licensees may request permission of the city council to permit qualified
charitable organizations to conduct lawful gambling in the form of bingo,
paddlewheels, pull-tabs, raffles and tipboards only on the licensed premises.
Application for permission shall be made to the license inspector and payment of
the specified fee. If the application is granted, the license shall contain an
endorsement specifying this approval and the gambling endorsement may be
considered for renewal at the same time as the council may consider renewal of
the on-sale license.
(2) In the event the permission of any charitable nonprofit organization to conduct
lawful gambling on the licensed premises is terminated by the licensed
establishment on whose premises the organization was conducting said gambling,
or in the event such organization terminates its lawful gambling as a result of
coercion, pressure or unreasonable or unlawful conduct by the licensee or its
employees, the on-sale licensee shall not be able to make application for a
gambling endorsement for a new charitable nonprofit organization to take the
place of the former organization until one (1) year after discontinuance of all
gambling activity on the licensed premises by the former organization.
(b) Gambling endorsement regulations. Gambling endorsements in on-sale licenses shall be
subj ect to the following regulations which shall be deemed as a part of the license, and
failure of compliance may constitute grounds for adverse action as prescribed in the
Legislative Code:
(1) Only charitable nonprofit organizations licensed by the State of Minnesota to
conduct bingo or operate paddlewheels, tipboards and pull-tabs may be allowed to
conduct bingo or sell paddlewheel tickets, pull-tabs, raffle tickets and tipboards
on the licensed premises. Except as provided under (2Z(d below.
(2) Use of the licensed premises shall be by means of a written lease agreement
between the licensee and the charitable organization. All leases shall comply with
the provisions of Minn. Stat. chapter 349 and the rules promulgated pursuant
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thereto. The lease shall expire with the premises permit; a copy shall be filed with
the department of safety and inspections director, and also a copy must be kept on
the premises and available for public inspection upon request. Leases shall be
governed by the following: D � ` I �� 3
�
�
In the case ofpuil-tab dispensing devices, the lease agreement shall
address cash shortages, game banks, machine repair, and prize
reunbursement.
Reserved.
c. The licensee may not be reimbursed by the charitable organization for any
license or permit fees, and the only compensarion which the licensee may
obtain from the charitable organization are the amounts fixed in the lease
agreement.
Q
All lawful
shall be conducted either:
e.
f.
.: � . .:, . =. ..: : .
: . : � . =: :. . : .
i.
ii.
The construction and maintenance of the booth used by the charitable
organization shall be the sole responsibility of the charitable organization.
The lease shall contain a provision permitting the licensee to terminate the
lease if the charitable organization is found guilty of any violation of state
or local gambling statutes, ordinances or rules and regulations.
(3) Only one (1) charitable organization shall be permitted to conduct lawful
gambling on a permitted premises except on such premises where two (2)
organizations are conducting lawful gambling at the time trus section is passed,
provided that this requirement will apply if one (1) of said organizations ceases
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operations.
(4) A pull-tab dispensing device must be protected by an alarm system that is b�- J/ 93
centrally monitored and has a battery backup. Such alarm may protect just the
machine or the entire premises.
(5) If readily perishable or potentially hazardous food, as defined in section 331.07 of
the Legislative Code, is awazded as a prize in any charitable gambling, the storage
and handling of such food sha11 be in compliance with all applicable requirements
of Chapter 331 of the L,egislative Code. The licensee shall be responsible for
notifying the deparhnent of safety and inspections that food, whether readily
perishable or potentially hazardous or not, is being awarded as a prize in any
charitable gambling taking place on the licensed premises, using such form or
forms as may be prescribed by such deparhnent.
(6) Winning pull-tab tickets dispensed from dispensing devices or by an owner or
em l�ovee of the on-sale establishment, may be redeemed by baz personnel from
the baz service area, provided that a separate accounting of pull-tab proceeds and
other funds of the licensed establishment is performed and made available to
enforcement personnel.
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Section 2
This Ordinance shall take effect and be in force thirty (30) days following its passage, approval
and publication.
�UBLISyE�
�+AN 2 4 2008
Requested by Department of:
Adoption Certified by Council Secretary
By:
Approve� or: � r �� �
B : ��DL-. �� .tA V �� .cY�
T
�L� . — � / �
•
Form proved by City Attorney
By �NAM.tK � �l.{'ltt/�
Form Approved by Mayor for Submission to
Council
By:
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
6"7�1�93
C� �ouncil
Conqct Person & Phone:
Jenn'rfer Dunn
6-865I
Must Be on Council Agen
Doc. Type: ORDINANCE
E-Document Required: Y
DocumentContact: DonnaSanders
Contact Phone: 6-8653
nze.�x��r�
y
Assign
Num6er
For
Routing
Order
Total # of Signature Pages _(Clip All Locations For Signature)
Green Sheet NO: 3047030
0 oonN
1 ancl De artneut DireMOr
2 � Clerk CSiv Clerk
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An ordinance amending chapter 40921 of the Saint Paul Legislafive Code to aliow sales of gambling equipment within a leased
premises by an employee of the lessor from a common azea where food and beverages aze sold.
or
Must Answer
Planning Commission 1. Has lhis person/firm ever worked under a conVact for lhis deparfinent?
CIB Committee Yes No
Crvil Service Commission 2. Has this person/firm ever been a ciry employee?
Yes No
3. Does this person/firm possess a skill not normally possessed by any
current city employee?
Yes No
Explain all yes answers on separate sheet and attach to green sheet
Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why):
Advantages If Approved:
Disadvantages If Approved:
Disadvantages If Not Approved:
Transaction:
Funtling Source:
Financial Information:
(Explain)
CosURevenue Budgeted:
AMivity Number:
December 4, 2007 9:56 AM Page 1