[HISTORY: Adopted by the City of Isanti 9-6-2011 by Ord. No.
519.[1] Amendments noted where applicable.]
The current Isanti City Code Chapter 178, Gambling, is hereby repealed and is replaced with the following sections for the regulating and conduct of lawful gambling with the City of Isanti, Minnesota.
The provisions of Minn. Stat. Ch. 349, as they may be amended
from time to time, with reference to the definition of terms, conditions
of operation, provisions relating to sales, and all other matters
pertaining to lawful gambling are hereby adopted by reference and
are made a part of this chapter as if set out in full. It is the intention
of the Council that all future amendments of Minn. Stat. Ch. 349,
are hereby adopted by reference or referenced as if they had been
in existence at the time this chapter was adopted.
In addition to the definitions contained in Minn. Stat. § 349.12,
as it may be amended from time to time, the following terms are defined
for purposes of this chapter:
As used in this chapter, the State of Minnesota Gambling
Control Board.
As used in this chapter, the City of Isanti.
As used in this chapter, the City Council of the City of
Isanti.
Includes exempt or excluded bingo and raffles as defined
in the Minnesota Statutes.
[Amended 7-20-2021 by Ord. No. 763]
As used in this chapter, an organization licensed by the
Board.
This chapter shall be applicable for all forms of lawful gambling
within the City except bingo conducted within a nursing home or a
senior citizen housing project or by a senior citizen organization
if the prizes for a single bingo game do not exceed $10, total prizes
awarded at a single bingo occasion do not exceed $200, no more than
two bingo occasions are held by the organization or at the facility
each week, only members of the organization or residents of the nursing
home or housing project are allowed to play in a bingo game, no compensation
is paid for any persons who conduct the bingo, and a manager is appointed
to supervise the bingo.
Lawful gambling is permitted within the City, provided that
it is conducted in accordance with Minn. Stat. §§ 609.75
to 609.763, inclusive, as they may be amended from time to time; Minn.
Stat. §§ 349.11 to 349.23, inclusive, as they may be
amended from time to time; and this chapter.
Any organization seeking to obtain a premises permit from the
Board 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 Board.
A.
The applicant shall be notified in writing of the date on which the
Council will consider the recommendation.
B.
The Council shall, by resolution, approve or disapprove the application
within 60 days of receipt of the application.
C.
The Council may deny an application for issuance or renewal of a
premises permit for any of the following reasons:
(1)
Violation by the gambling organization of any state statute, state
rule, or City ordinance relating to gambling within the last three
years.
(2)
Violation by the on-sale establishment or organization leasing its
premises for gambling of any state statute, state rule, or City ordinance
relating to the operation of the establishment, including, but not
limited to, laws relating to alcoholic beverages, gambling, controlled
substances, suppression of vice and protection of public safety within
the last three years.
(3)
Operation of gambling at the site would be detrimental to health,
safety, and welfare of the community.
D.
Otherwise, the Council shall pass a resolution approving the application.
Licenses issued by the Board are perpetual and valid unless
the Board revokes or suspends the license, the organization terminates
the license, or the license lapses.
Organizations which conduct lawful gambling which under state
regulations is excluded or exempt gambling may conduct such gambling
within the City upon receipt of a license from the Board or a local
gambling license, as applicable.
A.
An application to the City Council shall be made at least 30 days
prior to the date such gambling is to be conducted. The application
shall be on a form required by the Board.
B.
The Council may deny an application for issuance of an exempt or
local gambling permit for any of the following reasons:
(1)
Violation by the gambling organization of any state statute, state
rule, or City ordinance relating to gambling within the last three
years.
(2)
Violation by the on-sale establishment or organization leasing its
premises for gambling of any state statute, state rule, or City ordinance
relating to the operation of the establishment, including, but not
limited to, laws relating to alcoholic beverages, gambling, controlled
substances, suppression of vice and protection of public safety within
the last three years.
(3)
Operation of the gambling at the site would be detrimental to health,
safety and welfare of the community.
C.
Otherwise the Council shall approve the application.
All licenses and permits issued under state law shall be prominently
displayed during the permit year at the premises where gambling is
conducted.
Lawful gambling shall be permitted during the hours of operation
of the establishment the premises permit was approved for.
[Amended 7-20-2021 by Ord. No. 763]
Any person who violates any provision of this chapter; Minn. Stat. §§ 609.75 to 609.763, inclusive, as they may be amended from time to time; or Minn. Stat. §§ 349.11 to 349.21, as they may be amended from time to time or any rules promulgated under those sections, as they may be amended from time to time, shall be guilty of a misdemeanor and subject to a penalty as provided by Chapter 1, Article I, of this Code of the City of Isanti. In addition, violations shall be reported to the Board and recommendation shall be made for suspension, revocation, or cancellation of an organization's license.
If any provision of this chapter is found to be invalid for
any reason by a court of competent jurisdiction, the validity of the
remaining provisions shall not be affected.
This chapter hereby supersedes any conflicting ordinances, to
the extent of any conflict, commencing on the date at which this chapter
becomes effective.
This chapter becomes effective on the date of its publication,
or upon the publication of a summary of the ordinance as provided
by Minn. Stat. § 412.191, Subd. 4, as it may be amended
from time to time, which meets the requirements of Minn. Stat. § 331A.01,
Subd. 10, as it may be amended from time to time.
