ORD 2021-16 Lawful Gambling including SUMMARYORDINANCE NO.: 2021-16
CITY OF OTSEGO
COUNTY OF WRIGHT, MINNESOTA
AN ORDINANCE AMENDING THE CITY CODE REGARDING LAWFUL GAMBLING.
THE CITY COUNCIL OF THE CITY OF OTSEGO DOES HEREBY ORDAIN:
Section 1. Section 3-1-2.A of the City Code (Schedule of Fees — Licenses) is hereby amended to
add the following provisions:
Section 2. Section 3-1-2.B of the City Code (Schedule of Fees — Permits) is hereby amended to
repeal the following provisions:
Lawful gambling:
Subsection 4-7-6 D
Investigation fee:
$100.00
Section 2. Section 3-1-2.B of the City Code (Schedule of Fees — Permits) is hereby amended to
repeal the following provisions:
Section 3. Section 4-7-3.D of the City Code (Application of Provisions; Exemptions) is hereby
amended to read as follows:
D. The City Clerk is authorized to approve lawful gambling as exempt from the requirements of this
section for the following:
1. An organization that conducts lawful gambling on five (5) or fewer days in a calendar
year.
2. An organization that does not award more than fifty thousand dollars ($50,000) in prizes
for lawful gambling in a calendar year.
Section 4. Section 4-7-4 of the City Code (Lawful Gambling - Definitions) is hereby amended to
revise the following definitions:
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- ••
Subsection 1 7-6 D
_ _
_
_
_
_
_
-
State
100.00
permit
-
Local
100.00
permit
Section 3. Section 4-7-3.D of the City Code (Application of Provisions; Exemptions) is hereby
amended to read as follows:
D. The City Clerk is authorized to approve lawful gambling as exempt from the requirements of this
section for the following:
1. An organization that conducts lawful gambling on five (5) or fewer days in a calendar
year.
2. An organization that does not award more than fifty thousand dollars ($50,000) in prizes
for lawful gambling in a calendar year.
Section 4. Section 4-7-4 of the City Code (Lawful Gambling - Definitions) is hereby amended to
revise the following definitions:
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LOCAL PERMIT: A permit issued by the City.
TRADE AREA: The City of Otsego, City of Albertville Big Lake Township, City of Dayton, City of Elk River,
City of Monticello -a -r, Monticello Township, City of Rogers, and City of St. Michael.
Section 5. Section 4-7-5.B of the City Code (Lawful Gambling Permitted; City Council Approval
Required) is hereby amended to read as follows:
B. Lawful gambling authorized by Minnesota Statutes, as amended from time to time, shall not be
conducted unless a State issued premises permit is approved by resolution of the City Council,
subject to the provisions of this chapter and State law.
Section 6. Section 4-7-6 of the City Code (Local Permit Requirements) is hereby amended to read
as follows:
4-7-6: REQUIREMENTS:
A. Application: Any organization seeking to obtain or renew a State issued premises permit shall file
with the City Clerk an executed, complete duplicate application, together with all exhibits and
documents accompanying the application as will be filed with the State as well as an application
form as prescribed by the City and the following information:
1. Name and address of the organization requesting the permit.
2. Name and address of the officers and person accounting for receipts, expenses, and
profits for the event.
3. Dates of the gambling occasion for which the permit is requested.
4. Address of premises where the event will occur.
5. Copy of rental or leasing arrangement, if any, connected with the event including rental
to be charged to the organization.
6. Estimated value of prizes to be awarded.
B. Conditions for Issuance:
a. Gambling shall be operated in accordance with the terms and conditions specified in this
chapter, other applicable city ordinances and state and federal laws and regulations.
b. The establishment for which the State issued premised permit or the organization leasing
the premises for gambling shall not have been found to have violated any State Statute,
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State rule, or this code relating to the operation of the establishment including, but not
limited to, laws relating to the operation of the establishment, laws relating to alcoholic
beverages, gambling, controlled substances, suppression of vice and protection of public
safety within the last three (3) years.
c. The gambling organization has been in existence in the City or within the City of
Albertville, City of Monticello Monticello Township City of Rogers, or City of St. Michael
for at least three (3) consecutive years prior to the date of application.
d. The gambling organization shall have at least fifteen (15) active members.
e. Lawful gambling subject to the requirements of this chapter shall be limited and will not
take place at a premises the gambling organization owns or rents.
f Lawful gambling subject to the requirements of this chapter shall be limited to a premises
for which an on -sale liquor license has been issued.
g. Not more than one (1) gambling organization licensed to conduct lawful gambling
activities subject to the requirements of this chapter shall conduct lawful gambling at any
one (1) premises.
D. Fee: The applicant shall pay a fee at the time of application as established by section 3-1-2 of this
Code for the City Clerk for costs incurred by the City to investigate the application.
E. Consideration Of Recommendation:
1. The applicant shall be notified in writing of the date on which the City Council will consider
the recommendation.
2. The City Council shall, by resolution, approve or disapprove the application within sixty
(60) days of receipt of the application.
3. The City Council shall only approve an application for issuance or renewal of a state issued
premises permit if there is compliance with all of the of this chapter.
F. Term:
1. Licenses issued by the State are perpetual and valid unless the board revokes or suspends
the license, the organization terminates the license, or the license lapses.
2. The City approval of the State issued premises permit shall expire each year on the date
it was initially approved by the State with renewal to be considered in accordance with
Section 4-7-6 of this chapter.
G. Revocation Or Suspension:
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1. City approval of a State issued gambling permit may be revoked or temporarily suspended
for a violation by the gambling organization of any State Statute, State rule, or city
ordinance relating to gambling.
2. A permittee shall be given ten (10) days written notice sent via first class U.S. mail of a
penalty, suspension, or revocation action stating the charges against the permittee.
3. Hearing:
a. The notice shall state the right of the permittee to request a hearing regarding
the revocation or suspension of the city gambling permit.
b. The notice shall state that the permittee must affirmatively request the hearing
within ten (10) days of receipt of the notice or that the hearing is otherwise
waived
c. A hearing to consider suspension or revocation of a city gambling permit shall be
conducted by the City Council in accordance with Minnesota Statutes sections
14.57 to 14 70.
4. Notice of lapse, revocation, or suspension of a state issued premises permit shall also
constitute notice to the permittee of the suspension or revocation of the city gambling
permit.
Section 7. Section 4-7-7 of the City Code (Changes in Application Information) is hereby amended
to read as follows:
4-7-7: CHANGES IN APPLICATION INFORMATION: An organization holding a State issued premises permit
shall notify the City within ten (10) days in writing whenever any material change is made in the
information submitted on the application.
Section 8. This Ordinance shall become effective immediately upon its passage and publication
according to law.
MOTION BY: DARKENWALD
SECOND BY: DAHL
ALL IN FAVOR: STOCKAMP, DARKENWALD, GOEDE, DAHL
THOSE OPPOSED: NONE
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ADOPTED by the City Council of the City of Otsego this 27th day of September, 2021.
5
CITY OF OTSEGO
ATTEST:
Stockamp, Mayor
Audra Etzel, City Clerk
SUMMARY OF ORDINANCE NO.: 2021-16
CITY OF OTSEGO
COUNTY OF WRIGHT, MINNESOTA
AN ORDINANCE AMENDING THE CITY CODE REGARDING LAWFUL GAMBLING.
NOTICE IS HEREBY GIVEN that on September 27, 2021, Ordinance 2021-16 was adopted by the
City Council of the City of Otsego Minnesota.
NOTICE IS FURTHER GIVEN that the ordinance adopted by the City Council amends City Code
pertaining to:
1. Investigation fees.
2. Application of provisions.
3. Definitions.
4. City Council approval.
5. Requirements.
6. Changes in application.
ADOPTED by the City Council of the City of Otsego this 27th day of September, 2021.
CITY OF OTSEGO
BY: Jessica L. Stockamp, Mayor
ATTEST: Audra Etzel, City Clerk
Pursuant to Minnesota Statutes 412.191, Subd. 4 and 331A 01, Subd.10, this Ordinance is published in
summary form. Complete copies of the ordinance are available for inspection by contacting the City
Clerk, Otsego City Hall, 13400 90th Street NE, Otsego, Minnesota 55330 during regular office hours.
1
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA ) ss
COUNTY OF SHERBURNE
Karen Nelson being duly sworn on an oath,
states or affirms that he/she is the Publisher's
Designated Agent of the newspaper(s) known
as:
Star News
with the known office of issue being located
in the county of:
SHERBURNE
with additional circulation in the counties of:
WRIGHT
and has full knowledge of the facts stated
below:
(A) The newspaper has complied with all of
the requirements constituting qualifica-
tion as a qualified newspaper as provided
by Minn. Stat. §331A.02.
(B) This Public Notice was printed and pub-
lished in said newspaper(s) once each
week, for 1 successive week(s); the first
insertion being on 10/09/2021 and the last
insertion being on 10/09/2021.
MORTGAGE FORECLOSURE NOTICES
Pursuant to Minnesota Stat. §580.033
relating to the publication of mortgage
foreclosure notices: The newspaper complies
with the conditions described in §580.033,
subd. 1, clause (1) or (2). If the newspaper's
known office of issue is located in a county
adjoining the county where the mortgaged
premises or some part of the mortgaged
premises described in the notice are located,
a substantial portion of the newspaper's
circulation is in the latter county.
By: t a t
Designated Agent
Subscribed and sworn to or affirmed before
me on 10/09/2021 by Karen Nelson.
Notary Public
a a%FIrur
DARLENE MARIE MACPHERSON
NOTARY PUBLIC - MINNESOTA
My Commission Expires Jan 31, 2024
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Ad ID 1172827
CITY OF OTSEGO
COUNTY OF WRIGHT,
MINNESOTA
SUMMARY OF
ORDINANCE NO.: 2021-16
AN ORDINANCE
AMENDING THE
CITY CODE REGARDING
LAWFUL GAMBLING.
NOTICE IS HEREBY GIVEN that
on September 27, 2021, Ordinance
2021-16 was adopted by the City
Council of the City of Otsego, Min-
nesota.
NOTICE IS FURTHER GIVEN
that the ordinance adopted by the
City Council amends City Code
pertaining to:
1. Investigation fees.
2. Application of provisions.
3. Definitions.
4. City Council approval.
5. Requirements.
6. Changes in application.
ADOPTED by the City Council of
the City of Otsego this 27th day of
September, 2021.
CITY OF OTSEGO
BY: Jessica L. Stockamp,
Mayor
ATTEST: Audra Etzel,
City Clerk
Pursuant to Minnesota Statutes
412.191, Subd. 4 and 331A.01,
Subd.10, this Ordinance is pub-
lished in summary form. Complete
copies of the ordinance are avail-
able for inspection by contacting
the City Clerk, Otsego City Hall,
13400 90th Street NE, Otsego,
Minnesota 55330 during regular
office hours.
Published in the
Elk River Star News
October 9, 2021
1172827