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<br />AFFIDAVIT OF PUBLICATION
<br />STATE OF MINNESOTA ) ss
<br />COUNTY OF SHERBURNE
<br />Brandi Botts being duly sworn on an oath,
<br />states or affirms that he/she is the Publisher's
<br />Designated Agent of the newspaper(s) known
<br />as:
<br />Star News
<br />with the known office of issue being located
<br />in the county of:
<br />SHERBURNE
<br />with additional circulation in the counties of:
<br />WRIGHT
<br />and has full knowledge of the facts stated
<br />below:
<br />(A) The newspaper has complied with all of
<br />the requirements constituting qualifica-
<br />tion as a qualified newspaper as provided
<br />by Minn. Stat. §331A.02.
<br />(B) This Public Notice was printed and pub-
<br />lished in said newspaper(s) once each
<br />week, for 1 successive week(s); the first
<br />insertion being on 12/21/2019 and the last
<br />insertion being on 12/21/2019.
<br />MORTGAGE FORECLOSURE NOTICES
<br />Pursuant to Minnesota Stat. §580.033
<br />relating to the publication of mortgage
<br />foreclosure notices: The newspaper complies
<br />with the conditions described in §580.033,
<br />subd. 1, clause (1) or (2). If the newspaper's
<br />known office of issue is located in a county
<br />adjoining the county where the mortgaged
<br />premises or some part of the mortgaged
<br />premises described in the notice are located,
<br />a substantial portion of the newspaper's
<br />circulation is in the latter county.
<br />By:
<br />Designated Agent
<br />Subscribed and sworn to or affirmed before
<br />me on 12/21/2019 by Brandi Botts.
<br />41,0 —
<br />Notary Public
<br />Jessica L Crabb
<br />' = Notary Public
<br />Minnesota
<br />My Commission Expires January 31, 2023
<br />Rate Information:
<br />(1) Lowest classified rate paid by commercial users
<br />for comparable space:
<br />$23.00 per column inch
<br />Ad ID 1006585
<br />CITY OF ELK RIVER
<br />ORDINANCE 19-24
<br />AN ORDINANCE AMENDING
<br />CHAPTER 38, ARTICLE V.
<br />LEGALIZED GAMBLING, OF
<br />THE CITY OF ELK RIVER,
<br />MINNESOTA, CITY CODE
<br />The City Council of the City of
<br />Elk River does hereby ordain as
<br />follows:
<br />SECTION 1. The following
<br />sections of the city code shall be
<br />amended as follows:
<br />Sec. 38-161. - Definitions.
<br />The following words, terms and
<br />phrases, when used in this article,
<br />shall have the meanings ascribed
<br />to them in this section, except
<br />where the context clearly indicates
<br />a different meaning:
<br />Gambling control division means
<br />the state agency that licenses and
<br />regulates gambling.
<br />Lawful gambling means the op-
<br />eration, conduct, or sale of bingo,
<br />raffles, paddlewheels, tipboards,
<br />and pull -tabs.
<br />Lawful purpose means any ex-
<br />penditure by, or contribution to,
<br />a 501(c)(3) organization, provided
<br />that the organization and expendi-
<br />ture or contribution are in confor-
<br />mity with standards prescribed by
<br />the gambling control board under
<br />Minn. Stats. § 349.154.
<br />Net profit means gross profit
<br />less reasonable sums actually ex-
<br />pended for allowable expenses.
<br />Organization means a religious,
<br />fraternal, veterans', or other non-
<br />profit entity which has been in exis-
<br />tence for at least three years, has at
<br />least 15 active members and is not
<br />in existence solely for the purpose
<br />of conducting gambling.
<br />Premises permit means a permit
<br />granted by the state gambling con-
<br />trol board for each premises where
<br />lawful gambling is to be conducted.
<br />Trade area means the following
<br />cities and townships: the City of Elk
<br />River, the City of Otsego, the City
<br />of Ramsey, the City of Nowthen,
<br />the City of St. Francis, the City of
<br />Dayton, Big Lake Township, Livonia
<br />Township, and Orrock Township.
<br />Existing organizations and their
<br />premise permit locations that have
<br />been approved by the Elk River
<br />City Council prior to December 16,
<br />2019, may continue to spend lawful
<br />purpose expenditures in the City of
<br />Rogers and the City of Zimmerman
<br />as long as there is no lapse in their
<br />premise permit.
<br />Sec. 38-162. - Purpose of ar-
<br />ticle.
<br />It is the stated policy of the city
<br />council that, to the extent lawful
<br />regulated gambling is permitted
<br />within the city, the net profits and
<br />proceeds of gambling shall directly
<br />benefit the citizens of the city.
<br />Sec. 38-163. - Licenses and
<br />permits generally.
<br />(a) It shall be unlawful to operate
<br />lawful gambling without a license
<br />issued by the state gambling con-
<br />trol division.
<br />(b) Licenses to operate gambling
<br />devices or to conduct raffles shall
<br />be issued only to a fraternal, reli-
<br />gious, veterans', or other nonprof-
<br />it organization covered by Minn.
<br />Stats. § 349.16.
<br />(c) The organization desiring a
<br />gambling license must obtain an
<br />application from the state gambling
<br />control division.
<br />(d) The gambling control division
<br />may not issue a premises permit
<br />or bingo hall license unless the
<br />organization submits a resolution
<br />from the city council approving
<br />the premises permit or bingo hall
<br />license. The resolution must have
<br />been adopted within 90 days of the
<br />date of application for the new or
<br />renewed permit or license.
<br />(e) Reserved.
<br />Sec. 38-164. - Restrictions on
<br />issuance of premises permit.
<br />(a) The city reserves the right
<br />to disapprove a premises permit
<br />application for individual bingo oc-
<br />casions, raffle games, and pull -tab
<br />operations for any of the following
<br />reasons:
<br />(1) Violation by the applicant of
<br />any statute, rule, regulation or ordi-
<br />nance relating to gambling.
<br />(2) Failure to make reports re-
<br />quired by any applicable ordinance,
<br />rule, regulation or statute.
<br />(3) Any reason which would
<br />justify the state gambling control
<br />board in denying an application for
<br />a license.
<br />Sec. 38-165. — Organizations
<br />and Premises Eligible
<br />(a) No premises permit will be
<br />approved unless:
<br />(1) The organization meets the
<br />definition of organization set forth
<br />in this Article and is conducting the
<br />lawful gambling on the premises of
<br />a church or a fraternal, veterans', or
<br />other nonprofit organization, or on
<br />premises licensed for on -sale liquor
<br />sales by the city.
<br />(2) The physical site for the orga-
<br />nization's headquarters or the reg-
<br />istered business office of the orga-
<br />nization is located within the City of
<br />Elk River. Post Office box numbers
<br />do not qualify as the main physical
<br />office location. Existing organiza-
<br />tions and their premise permit lo-
<br />cations that have been approved
<br />by the Elk River City Council prior
<br />to December 16, 2019, are exempt
<br />from this requirement as long as
<br />there is no lapse in their premise
<br />permit.
<br />(b) Only one premises permit
<br />shall be allowed per premises for
<br />lawful gambling operations.
<br />(c) Up to three premises permits
<br />shall be allowed per organization
<br />for lawful gambling operations in
<br />the city.
<br />(d) If more than one organization
<br />having two or less premises per-
<br />mits applies for a premises permit
<br />for the same location, priority shall
<br />be given to the application submit-
<br />ted first.
<br />(e) Applications for premises
<br />permits that are not eligible due
<br />to the limit on permits set forth in
<br />Section 13-165 (c), may be grant-
<br />ed a waiver from the City Council
<br />if, within (30) days from the date
<br />of submittal of the premise permit
<br />application to the City, no other eli-
<br />gible organization has submitted to
<br />the City an application to operate
<br />gambling activities at the premises
<br />applied for by the ineligible organi-
<br />zation.
<br />(1) Upon receipt of an applica-
<br />tion for a waiver to allow a prem-
<br />ises permit that would exceed the
<br />limit set forth in Section 38-165 (c),
<br />the city will give notice of the appli-
<br />cation to all organizations currently
<br />holding a premises permit which
<br />could meet the requirements of
<br />Section 38-165.(2) If an appli-
<br />cation for a premises permit which
<br />meets all of the requirements of
<br />Section 38-165 is received within
<br />30 days after an application for a
<br />waiver is submitted for the same
<br />location, preference shall be given
<br />to the application which does not
<br />require a waiver.
<br />(3) If no other applications are
<br />received and a waiver is approved,
<br />the waiver will be granted only for
<br />the specific location set forth in the
<br />premise permit application and will
<br />remain in effect for the duration of
<br />the original premise permit license.
<br />Sec. 38-166. - Lawful purpose
<br />expenditures by organizations
<br />conducting gambling.
<br />(a) Any organization holding a
<br />premises permit to conduct law-
<br />ful gambling within the city shall
<br />be required to expend 75 percent
<br />of its lawful purpose expenditures
<br />on lawful purposes conducted or
<br />located within the city's trade area.
<br />(b) An organization that con-
<br />ducts gambling on fewer than five
<br />days in a calendar year is exempt
<br />from the requirements of this sec-
<br />tion.
<br />Sec. 38-167. - Reporting re-
<br />quirements.
<br />(a) Every organization licensed to
<br />conduct gambling in the city shall
<br />file with the city clerk copies of the
<br />monthly state gambling report and
<br />schedule C required to be filed with
<br />the state lawful gambling control
<br />board pursuant to Minn. Stats. ch.
<br />349. The records and reports shall
<br />be due at the same time they are
<br />due to the gambling control board.
<br />(b) Every organization licensed
<br />to conduct gambling in the city
<br />shall file with the city clerk an annu-
<br />al summary report of the expendi-
<br />tures for lawful purposes within the
<br />trade area.
<br />(c) Organizations conducting
<br />gambling activities in other com-
<br />munities as well as the city shall
<br />segregate the gross receipts, ex-
<br />penses, profits and expenditure of
<br />profits from the Elk River operation.
<br />SECTION 2.
<br />This Ordinance shall be in full
<br />force and effect from and after its
<br />passage and publication.
<br />Passed and adopted by the City
<br />Council of the City of Elk River this
<br />16th day of December, 2019.
<br />John J. Dietz, Mayor
<br />ATTEST:
<br />Tina Allard, City Clerk
<br />Published in the
<br />Star News
<br />December 21, 2019
<br />1006585
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