ITEM: 12. ADMINISTRATION - Jane Cross, City Clerk
Title
APPROVE A PREMISES PERMIT FOR CHARITABLE GAMBLING FOR THE HAM LAKE AREA CHAMBER OF COMMERCE, AT BLUZY'S ROADSIDE GRILL, 12530 ULYSSES STREET NE, BLAINE
Background
Wendy Renner, Gambling Manager for the Ham Lake Area Chamber of Commerce (HLACC) submitted an application for a new premises permit to allow charitable gambling be conducted at Bluzy's Roadside Grill, 12530 Ulysses Street NE, Blaine. This is a first request for a location in Blaine for the Ham Lake Area Chamber of Commerce.
The organization does not meet the requirements of the city ordinance Sec. 22.384, Additional Regulations.
Chapter 22 Businesses, Article VIII, Legalized Gambling states the following:
Sec. 22.384 Additional Regulations
(5) No premises permit or bingo hall license will be approved for:
b. Any organization or local subdivision thereof unless all of the following requirements are met:
1. The activities of the organization or its local subdivision directly or primarily benefit citizens of Blaine.
2. The organization or the local subdivision must have had a principal business or operations location in the City of Blaine for a continuous period of at least two years immediately preceding the permit request and maintain such a location as long as the organization operates lawful gambling activities in the city. The organization must have been in continuous existence holding meetings for at least two years prior to the approval of the license.
Because HLACC does not meet the requirements of the city code, it is requesting a waiver be approved in accordance with the following:
Sec. 22-384 Additional Regulations
(5) No premises permit or bingo hall license will be approved for:
b. Any organization or local subdivision thereof unless all of the following requirements are met:
3. The organization or the local subdivision may be granted a waiver of operational requirement if the city council determines the organization has significant community involvement and such a waiver would have to be granted per location up to the four-location limit.
This item was before the Council on January 2, 2014 at which time Council requested a copy of the lease agreement between the HLACC and Bluzy's Roadside Grill, and a copy of the charitable gambling ordinance. Staff has included with this item the entire city ordinance, the lease and documents originally provided by HLACC and a current list of 2014 Gambling License organizations in the city of Blaine.
Additionally, staff has included information provided from Majestic Oaks/DKM Scholarship Foundation's website. The website's information states that in order to be an applicant for a Majestic Oaks/DKM scholarship, the applicant must be an employee of Majestic Oaks Golf Club, a relative of a club member, or live in the Majestic Oaks Community subdivision to be eligible. Based on this information, staff believes it prohibits the eligibility for all Blaine residents to apply for a scholarship, which in turn narrowly limits the scope of eligibility for proceeds for scholarships to Blaine residents.
At the January 2, 2014 meeting HLACC stated they have distributed scholarships proceeds to the "trade area". The trade area is described in the city code as follows:
Sec. 22.384
(8) A licensed organization conducting lawful gambling within the city shall expend all of its expenditures for law purposes on lawful purposes conducted or located with the city's trade area. The city's "trade area" is defined as and is specially limited to the Cities of Blaine, Circle Pines, Coon Rapids, Ham Lake, Lexington, Lino Lakes, Mounds View, Shoreview and Spring Lake Park.
At the January 16, 2014 council meeting, a motion to deny was made and seconded. After a discussion by Council, the motion to deny and second were withdrawn and the item was postponed to February 13, 2014 at 6:30 p.m.
The Gambling Control Board may not issue a new premises permit for charitable gambling within a city unless a sponsoring organization obtains approval through a resolution from the City Council. A charitable gambling applicant has sixty (60) days from the date of their application to present such a resolution to the Gambling Control Board or otherwise forfeit their gambling activities.
The $250 investigation fee has been deposited with the City and the criteria set forth in Ordinance No. 88-1108 (regulating lawful gambling) has been met. An investigation has been conducted by the Blaine Police Department on the gambling activity of the Ham Lake Area Chamber of Commerce and did not find any problems which would disqualify them from being approved.
Recommendation
By motion, consider the resolution for a new premises permit to allow charitable gambling be conducted by the Ham Lake Area Chamber of Commerce, at Bluzy's Roadside Grill, 12530 Ulysses Street NE, Blaine.
Body
WHEREAS, the Ham Lake Area Chamber of Commerce, 1207 Constance Blvd, Ham Lake, has applied for a premises permit at Bluzy's Roadside Grill, 12530 Ulysses Street NE, Blaine received this 16th day of December, 2013 within the City of Blaine; and
WHEREAS, Minnesota Statutes 349.213, Subd. 2, states that the Gambling Control Board may not issue a new premises permit within the City of Blaine unless the City Council approves the premises permit within sixty (60) days of the date of application for the new premises permit.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Blaine as follows:
The application for the premises permit for the purpose of conducting charitable gambling is hereby approved.
A certified copy of this resolution shall be provided to the applicant as soon as possible for submittal to the Gambling Control Board.
PASSED by the City Council of the City of Blaine this 13th day of February, 2014.