[1]
Editor's Note: Prior history: Resolution of 7-12-1977.
[Ord. No. 1045, 4-25-2017]
The Board of City Commissioners hereby adopts all of the terms,
conditions and provisions of Chapter 53-06.1 of the North Dakota Century
Code, as may be amended from time to time. The City shall authorize
the conduct of games of chance only as provided under said law, recognizing
that an eligible organization maintaining a building for the use of
its members and guests, which organization offers meals or liquor
or both as a part of its operation, must be licensed by the Attorney
General of the State and shall not be authorized under the provisions
of this article.
[Ord. No. 1045, 4-25-2017]
The Board of City Commissioners hereby allows nonprofit veterans,
charitable, educational, religious and fraternal organizations, civic
and service clubs and public spirited organizations, as those terms
are defined by State law, to conduct certain games of chance authorized
by State law, under the limited conditions of State law. The entire
net proceeds of such games of chance are to be devoted to educational,
charitable, patriotic, fraternal, religious or other public-spirited
uses as defined by State law.
[Ord. No. 1045, 4-25-2017]
(a)
The Board of City Commissioners grants approval of site authorization
applications and gaming permit applications to the discretion of the
City Auditor. The City Auditor shall review all applications in a
timely manner. The City Auditor has complete discretion to approve
or reject an application. The City Auditor has discretion to require
additional information, or to continue the consideration of an application
from time to time. The City Auditor shall have complete discretion
and authority to place conditions for approval of an application or
place any conditions or restrictions upon an organization as the condition
of approval.
(b)
Each applicant for a game of chance site authorization within the
City shall submit an application to the City Auditor on a form provided
by the City Auditor. Each site authorization shall be accompanied
by an annual license fee of $100 per site. Each application for a
single event site authorization shall be accompanied by a license
fee of $50 per site for the single event. The application for the
site authorization shall contain a list of the names and addresses
of the applicant's gaming committee members, a description of the
primary purpose of the organization and intended uses of the gaming
proceeds, a description of the means used to determine how the gaming
proceeds are applied to charitable causes, and a complete list of
the applicant's receipts, expenses, charitable contributions, and
a detailed account showing the percentage of funds applied to local
charitable causes for the previous operational year if the application
is for a renewal of a site previously granted. The application shall
contain a statement that the real estate taxes and special assessments
on the proposed site have been paid.
(c)
Each applicant for a permit to conduct games of chance shall submit
an application for a local permit or charity local permit to the City
Auditor on a form approved by the Attorney General and provided by
the City Auditor. Such application must be filed in a timely manner
to enable the City Auditor to review such application. The fee for
all local permits shall be $25.
(d)
An applicant may appeal a decision made by the City Auditor to the
Board of City Commissioners. The appeal must be filed within 30 days
of the City Auditor's decision. A hearing on the appeal shall be held
at the next regular commission meeting following the filing of the
appeal. The appeal must be filed on a form provided by the City and
signed by the applicant.
[Ord. No. 1045, 4-25-2017; amended 4-27-2021 by Ord. No. 1124]
(a)
Site approval for conducting authorized games of chance shall be
limited to premises within the City holding valid on-sale liquor licenses,
with the exception of bingo which may be conducted at a site without
an on-sale liquor license. Maximum hours of operation of games of
chance shall be the same as allowable for liquor and beer licenses
under the City's alcoholic beverage ordinance.
(b)
The Board of City Commissioners shall have the authority to limit
the number of gaming sites granted to any single organization. There
shall be no limitation of the number of site authorizations granted
for the game of bingo within the City of Williston. Each organization
licensed to conduct gaming may conduct bingo a maximum of three times
per week, regardless of the site.
[Ord. No. 1045, 4-25-2017]
The Board of City Commissioners shall have the power, on its
own motion based on reasonable grounds or on written complaint, to
suspend or revoke an authorization in accordance with Chapter 28-32
of the North Dakota Century Code (Administrative Agencies Practice
Act) for violation of the State law or any rule or regulation promulgated
thereunder applicable to games of chance, or of this article, by an
organization authorized under this article to conduct games of chance
or any officer, director, agent, member, or employee of such organization.
Any person aggrieved by an action of the Board of City Commissioners
has the right to appeal such action to the district court, provided
that the aggrieved person files a notice of appeal with the City Auditor
within 30 days of notice of the suspension or revocation.
