6.2. SR 05-17-2010 - Laserfiche WebLink

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REQUEST FOR ACTION To Item Number Ci Council 6,2, Agenda Section Meeting Date Prepared by Administration Ma 17, 2010 Tina Allard, Ci Clerk Item Description Reviewed by Premises Permit for Zimmerman Fire Relief Association at Lori ohnson, Ci Administrator American Legion Reviewed by Action Requested Staff recommends Council adopt the attached resolution denying the request by the Zimmerman Fire Relief Association to operate a charitable gambling organization at the American Legion because they don't meet the requirements of Elk River City Code. If Council would like to allow the Zimmerman Fire Relief Association to operate in Elk River an ordinance amendment would be required. Background/Discussion The Zimmerman Fire Relief Association is requesting the City Council adopt a resolution approving a premises permit in order to conduct charitable gambling at the American Legion. Elk River City Code states: "no premises permit or renewal will be approved unless the physical site for the organization's headquarters or the registered business office of the organization is located within the city or a city contiguous to the city. This requirement may be waived for an existing organization which does not comply with this requirement if approved by the city council at the time of the premises permit renewal." The Fire Relief Association's organization's headquarters are located in the City of Zimmerman. The City of Zimmerman is not contiguous to Elk River and therefore Zimmerman Fire Relief doesn't meet the ordinance requirement. The State Gambling Control Board (GCB) regulates gambling. The GCB requires a resolution from the city acknowledging city approval of the permit. Premises permits used to require city approval every two years. A new law took effect recently stating that a permit is perpetual once it is approved. This means the permit remains in effect until the organization terminates the site or the GCB suspends or revokes the permit. Part Council History In 1995 a previous Council requested an ordinance amendment specifically excluding outside organizations from being able to obtain premises permits in Elk River. Council's concern at the time pertained to outside organizations operating in the city that would not meet the 75% lawful purpose expenditure requirements for the city's trade area. Apparently there was an outside organization at that time that would not meet the requirement. S:\Public Bodies\Council\Council RCA\Licensing\Gambling\2010\7icmnerman Fire Reliefdoc