1982 Ord
ORDINANCE NO.
131
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AN ORDINACE LICENSING AND REGULATING THE CONDUCT OF GAMBLING AND
PROVIDING A PENALTY, FOR VIOLATION THEREOF IN THE CITY OF SHOREWOOD,
COUNTY OF HENNEPIN, STATE OF ~lINNESOTA.
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The City Council of the City of Shore wood ordains:
Section 1. PURPOSE. The purpose of this section is to regulate and
control the conduct of certain gambling activities pursuant to
the provisions of Minnesota Statutes Chapter 349 and Laws of
Minnesota 1978 Chapter 507
Section 2. PROVISIONS OF STATE LAW ADOPTED. The provisions of
Minnesota Statutes, Chapter 349 and Laws of Minnesota, 1978,
Chapter 507, relating to the definition of terms, licensing,
restrictions of gambling are adopted and made a part of this
ordinance as if set out in full.
Section 3. DEFINITIONS. Subd. A. For the purposes of this
ordinance, the terms defined in this ordinance have the
following meanings.
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Subd. B. "Gambling devices" mean those gambling devices kno\vn
as "paddlewheels" or "pulltabs" or "tipboards", or apparatus
used in conduction of raffles.
Subd. C. "paddlewheel" means a wheel marked off into sections
containing one or more numbers, and which, after being turned or
spun, uses a pointer or marker to indicate winning chances.
Subd. D. "Pulltabs" (or "ticket jars") means a single folded or
banded ticket or a card, the face of which is initially covered,
or otherwise hidden from view, to conceal a number or set of
numbers of a symbol or set of symbols. A few of the numbers or
symbols out of every set of pulltabs (or ticket jars) will have
been designated in advance and at random as prizewinners. A
participant pays a consideration to an operator for the
opportunity to obtain a folded or banded ticket or a card, view
the numbers or symbols on it and possibly obtain a prizewinning
pulltab (or ticket jar).
Subd. E. "Tipboard" means a board, placard or other device
measuring at least 12 inches square, marked off in a grid or
similar pattern, in which each section contains a hidden number
or numbers or other symbols, which determine the winning
chances.
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subd. F. "Raffle" means a game in which a participant buys a
ticket for a chance at a prize with the winner determined by a
random dravling.
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Subd. G. "Profit" ;means ,the gross receipts from the operation
of gambling devices/and the conduct of raffles, less reasonable
sums expended for prizes, local licensing, fees, taxes and
maintenance costs fo~ the devices.
Subd. H. Nothing in5this ordinance shall be construed to
authorize ,any use, possession or operation of:
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a. Any gambling device which is activated by the insertion
of a coin,~urrency or token.
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b. Any gambling game\' or device in which the winning
numbers, tfcketsor chances are in any way determined
by the outcome of any athletic contest or sporting
event.
Section 4. LICENSE REQUIREMENT. No person shall directly operate a
gambling device or conduct a raffle except as authorized by
statute and this ordinance and unless a license to do so, as
provided in this ordinance, has 'first been obtained.
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Section 5. PERSONS ELIGIBLE FOR A LICENSE. A license shall be
issued only to fraternal, religious and veterans organizations,
or any corporation, trust or association organized for
exclusively scientific, literary, charitable, educational, or
artistic purposes, or any club which is organized and operated
exclusively for pleasure or recreation. Such organization must
have been in existence for a least 3 years and shall have at
least 30 active members, and qualify pursuant to M.S.A. 349.26,
S ubd . 9.
Section 6.' LICENSES AND FEES.
Subd. A. License Fees. There are two types of licenses which
may be issued by the City for each device or occasion, i.e. (a)
a single temporary license fee, and (b) an annual license fee.
The single occasion temporary license fee for each device is
$15. The annual license fee to operate gambling devices or to
conduct a raffle is $75 for each activity or combination of all
activities. Annual license fees shall not be prorated for a
portion of a year. All licenses shall expire on December 31
next after the date of issue.
Subd. B. Application Procedure. Application for a license
shall be made upon a form prescribed by the City so as to
provide the information necessary to permit the Council to
determine whether to grant or deny a license application. rJo
person shall make a false representation in an application. The
City Council shall act upon any such application within 180 days
from the date of application, but it shall not issue a license
until at least 30 days after the application has been made.
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Subd. C. The applications shall contain an agreement on the
part of the applicant that if the license being applied for is
granted, the licensee will save the City and its officers,
agents harmless against any claims or actions and the costs of
defending any claims or actions arising out of or by reason of
the granting of the license or the conduct of any of the
activities authorized by the license.
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Section 7. PROFITS. Profits from the operaion of gambling devices
or the conduct of raffles shall be used only for proper purposes
as defined in Minnesota Statutes, Section 349.23, Subd. 6.
Section 8. CONDUCT OF GAMBLING.
Subd. A. Gambling Manager. All operating of gambling devices
and the conduct of raffles shall be under the supervision of
single gambling manager to be designated by the licensed
organization. The gambling manager shall be responsible for
gross receipts and profits from gambling devices and rafles and
for their operation. The gambling manager shall be responsible
for using profits for authorized purposes only.
Subd. B. Bond. The gambling manager shall provide a fidelity
bond in the sum of $10,000 in favor of the organization
obtaining the license, conditioned upon the faithful performance
of his duties.
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Subd. C. Qualifications of Gambling Manager. The gambling
manager shall be an active member of the organization and shall
qualify to act in such capacity under applicable state law.
Section 9. COMPENSATION. No compensation shall be paid to any
person in connection with the operation of a gambling device or
the conduct of a raffle by a licensed organization. No person
who is not an active member of an organization, or the spouse or
surviving spouse of an active member, may participate in the
organization's operation of a gambling device or the conduct of
a raffle.
Section 10. REPORTING REQUIREMENTS.
Subd. A. Gross Receipts. Each organization licensed to operate
gambling shall keep record of its gross receipts, expenses and
profits for each single gathering or occasion at which gambling
devices are operated or a raffle is conducted. All deductions
from gross receipts for each single gathering or occasion shall
be documented with receipts or other records indicating the
amount, a description of the purchased item or service or other
reason for the deduction, and the recipient. The distribution
of profits shall be itemized as to each payee, purpose, amount,
and date of payment.
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Subd. B. Separation of Funds. Gross receipts from the
operation of gambling devices and the conduct of raffles shall
be segregated from other revenues of the organization, and
placed in a separate account. The person who accounts for gross
receipts, expenses, and profits from the operation of gambling
devices or the conduct of raffles shall not be the same person
who accounts for other revenues of the licensed organization.
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Subd. C. Monthly Reports. Each organization licensed to
operate gambling devices or to conduct raffles shall report
monthly to its membership, and to the City Clerk, its gross
receipts, expenses and profits from gambling devices or raffles,
and the distribution of profits. The licensee shall preserve
such records for at least 3 years.
Section 11. ELIGIBLE PREMISES. Gambling devices shall be operated
and raffles conducted by a licensed organization only upon
premises which it owns or leases, except that tickets for
raffles may be sold off the premises. Leases shall be in
writing and shall be for a term of at least one year. No lease
shall provide that rental payments be based upon a percentage of
receipts. A copy of the lease shall be filed with the City
Clerk at the time of the application and it shall comprise a
part of the application.
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Section 12. PRIZES. Total prizes resulting from any single spin of
a paddlewheel, or from any single seal of a tipboard, shall not
exceed $150.00. Total prizes awarded in any calendar year by
any organization from the operation of paddlewheels and
tipboards and the conduct of raffles shall not exceed $35,000.
Merchandise prizes shall be valued at fair market retail value.
Section 13. BINGO. Nothing in this ordinance shall be construed to
authorize the conduct of bingo without acquiring a separate
bingo license as required by other applicable City ordinance
provisions or State statutes.
Section 14. PENALTIES.
Subd. A. Violation is Hisdemeanor. Violation of any provision
of this ordinance is a misdemeanor. This subdivision shall not
preclude civil or criminal action under other applicable laws or
procedure or preclude any agency of government from
investigating or prosecuting violations of the provisions of
this section. Persons convicted of violating any provision of
this ordinance shall be subject to a fine of not more than $500
or imprisonment for a term not to exceed ninety days or both.
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Subd. B. Suspension and Revocation. Any license may be
suspended or revoked for any violation of this ordinance. No
licensee shall have a vested right in any license issued
hereunder and licenses issued hereunder may be suspended or
revoked by the Council. The license shall be revoked upon a
showing that the licensee violated or caused to be violated any
provisions of this ordinance or of State law regulating the
licensing or conduct of gambling devices. The license shall
also be revoked in the eVent of any misrepresentation in the
license application or may be suspended or revoked for failure
by the licensee to make any reports required of the licensee.
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Subd. C. Procedure. A license shall not be revoked under
subdivision B. until a notice has been given to the licensee and
the licensee has been given an opportunity for a hearing. The
notice shall be personally served on the gambling manager, or an
officer of the licensed organization. It shall state the
statutory or ordinance provision believed to have been violated
and shall indicate that the licensee may demand a hearing on the
proposed revocation of the license. If a hearing is demanded,
the license shall not be revoked until after the hearing is
held. If the licensee requests a hearing in writing, it shall
be held by the City Councilor a committee of the City Council,
as the Council may deem appropriate, at least one week after the
date on which the request is made. If, as a result of the
hearing, the Council finds that the licensee has violated or has
permitted the violation of this ordinance or applicable
statutory law relating to gambling, the Council may suspend or
terminate the license.
Section 15. This ordinance shall become effective upon and after
its passage and publication according to law.
PASSED BY THE CITY COUNCIL this 9th day of August
, 1982.
Hayor
ATTEST:
Clerk
Published in
on
, 1982.
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Atl ORDItlAnCE ArmtTDING ORDItlANCE no. 53, An OrmnlAlJCE RF.GULATHlG THE
USE OF VEIIICLES NlD OF rHCIHJAYS \JITIIITl TIlE VILLAGE OF' SHORF:\lOOD,
H1CORPORATHTG PROVISIons OF A S'rl\TP HIGlHiAY TRAFFIC RP.CULATIOfT l\CT BY
REFERENCE AND H1POSINC A PE!1ALTY POR VIOLATION TflEREOF.
The City Council of the City of Shorewood, Minnesota docs ordain:
Sec t ion 1. Tha t Ord i nance no. 53 be amended by add i ng
Section G. A. as follows:
"Sect ion G. A. EXIT 181 TIOn DlnVITJC. no person shall opera te any
motor vehicle \lith unnecessary exhihition of speed on any ruh1ic or
private way within the city linits. Prima facie evidence of such
unnecessary exhibition of speed shall be any or all of the
following:
(a) Unreasonuble squealinq or screechinCJ sounds
emitted by the tires;
(b) The throwing of sand or qravel by the tires
of the vehicle;
(cl Unreasonuble skid, sway or slide upon
acceleration or stopping."
Section 2. This ordinance shall he effective froI1 and
after its passage and publication.
PASSED BY TIIE CITY COUnCIL this
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poller t Rascop, i1ayor
A'rTEST:
~Lc'f~ 1~31-'~~c:
Clerk - ~~--T-
ORDInANCE NO.
/33
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An ORDH1J:>.J1CE ESTADLIsnuic A 110RATORIUM ON THE conSTRUCTIon, RP.-
CmJSTRUCTIO:l, PEr10Dp.LIN(;, H15TALLATION OP ADV8:RTISP1G SIGnS PITHIn
THE CITY OF SHOREWOOD.
The Citv Council of the City of Shorewood does ordain:
Section 1. The Council finds that the City is presently faced with
the potential of many requests for the construction, installation and
reModeling of advertising signs {billboards}. The COllncil also fin~s
that there is a need to do a comprehensive investigation concerning
the health, safety and welfare of the installation, construction and
reModeling of said advertising signs. During this interim period, it
is desirable that the Council establish guidelines for the benefit of
those who wish to install said signs, to bring about the savings of
public and private expenditures and provide public guides for future
City actions. The Council determines that there is an urgency
involved because of the need to control said installation,
construction and reModeling of said signs during the interim. The
Council further finds that it would be unwise,iirnproper and unjust to
allow individuals to install, construct or remodel said signs during
this period of study and the Council desires to avoid discrimination
and unfair advantage to a few to the detriment of the entire City.
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Section 2. Restrictions. No building permits, conditional or
special use permits or permits of any other type or any other
authority in the entire City of Shorewood shall be granted for the
installation of anv advertising signs {billboards} in any of the
zoning districts in the City.
Section 3. Duration. This ordinance shall expire April 15, 1983
without Council action or it may be repealed earlier if the Council
determines that the requisite studies have been completed and the
appropriate evaluation and action including the necessary revisions
to the City ordinances can be finalized.
Section 4. This Ordinance shall be effective immediately upon its
passage and publication according to law.
J:>..DOPTED BY THE CI':':'Y counc II, OF THB CITY OP SHORP.t100D th is 12 th dav 0 f
October, 1982.
Robert Pascop, Mayor
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ORDIlJMJCE [JO.
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AtJ ORDltJANCE; Al1ElWItJG ORDIlJAfJCE no. 133, AU ORDItJAN CE ES1'l\IJLI SIII IlG A
110RATORIUM FOR TIlE COlJSTRUCTIOtl, RECOllS'rRUC1'IOtJ, Rt:;rtODEL HIe,
IlJSTALLA'l'ION OF ADVEHTISIrJG SIClJS \H'rHDJ 'rIm Cl'rY OF :.iUOW;\JOOD.
The City Council of the City of Shorewoou oruains:
Section 1. That Section 2. of Ordinance No. 133 is hereby dlllenueu to
read as follO\-Is:
"Sect ion 2. RESTIU CTIOI1S.
A. llo building permits, conditional or special use permits
or permits of any other type or any other authority in the entire City
of Shorewood shall be <jranted for the installation of any advertising
signs (billboards) in any of the zoniny districts in the City.
D. Building perQits to relocate existing advertising signs
on the same lot or parcel of land on property zoned C-3 shall not be
subject to the restrictions and regulations of this ordinance."
Sect ion 2. Sect ion 3. of Ord i nance flo. 133 is hereby illLwndcd to read
as fo 110\IS:
"Section J. DURATION. ?his ordinance shall expire on July 15, 19U3
\"rithout council action or it Inuy l)e repealed earlier by the Council."
Section 3. This ordinance shall be eftective imnediately upon its
passage and publ ication accord ing to la\J.
ADOP'rED BY TlfE CITY COUUCIL OF TilE CITY OF StlORE\IOOD tilis 1.5+""- day of
P~t"hber , 1982.
Robert Rascop, Mayor
A'r'i'E ST:
Sandra r:ennelly, Cier~--~._.-
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AU OHnItIAf.H;J;: pf,0rJIJnrlG P~OOF' OF' F'HIAtlCIAL RP'.~pnmnr.JLI'T'''
AUD LIAT3rf.r':r:''' HlS!TRMlCP' Covp.Rl\.rF, pop THf, ~^LP. OF' Jrl'T'oxTr,JI'T'p1r, T.TOPOP,
NOH-IN':".OXICA'rHIG ~1Af.'T' LIOtTOP j\PD HHlF IH THE CI~' OF' c:;pnRPPG0D
ANT) ppmrrnrnr; A Pr.PAr..~Y F'OQ VI0f.A'T'I ot1 mHF'Pr.nF.
The City Council of the Cit'! of ~hOre\IOod orrlains:
Section 1. Anv nerson or cornoration licensed to sell retail
intoxicatinq liquor at on sale or off sale, non-intoxicatin" ~alt
liquor at on sale or off sale, or special on sale \line shall on ann
after r1arch 1, 1983 demonstate nroof of financial responsibility with
regard to liability imposed hv r'innesota Statutes Section 1~n.9S to
the Commissioner of Public Safety as a connition of the continuance,
issuance or renewal of his license. Proof of financial responsihlitv
may be given by filing: (a) a certificate that ther0 is in effect
an insurance policv or pool providing for the folloll1infl minir,1l1T"l
coverages; (1) $50,000 hecauseof bodily injury to anyone nerson in
anv one occurrence and suhject to the limit of one nerson in the
aMount of SlOO,OOO because of bodilv injury to tHO or more persons in
anyone occurrence in the amount of Sln,(100 hecause of injur'l t.o or
destruction of property of others in anyone occurrence; (2) S5n,oon
for loss of Means of support of anv one nerson in an" one OCCllrrence
and subject to the limit of one person SlOO,OnO for loss of means of
support of blO or more persons in an" one occurrence; or (h) a honrl
of a Buretv company Itli th P1i~imL1):l coveraCJesas provided in r.lause ^ or;
(c) a certificat.e of the State 'T'reasurerthat the licensee has
deposited \lith him a SlOn,OOO in cash or securities \I1hich mav leqallv
be purchased hy savings hanks or for the trust funrls havinfl a market
value of SlOO,OOO.
Section 2. ~he operation of an" of the above listed license~
businesses without having on file at all tiP.les on and after i1arcD 1,
1983 \olith the City Clerk the liabilitv insurance polic'} hereinabove
referred to, shall iT'!1.P1erliatelv and without prior notice to the
licensee and without action of the City Council, revoke any license
granted h~l the Ci tv !lrior thereto anrl saicl license may not be reissllerl
until proof of compliance with the financial resnonsihility
require~ents is presented to the Cit'! r.lerk and I1Pon re'!ieH ann
approval of the same by the City Council.
Section 3. Any person violating any provision of thisor~inance is
guilty of a misdemeanor and uoon conviction shall he punished bv a
fine of not more than $500 or imnrison~ent for not nore than 90 davs,
or both, plus the cost of prosecution in anv case.
Section 4. This ordinance hecoP1es effective upon its passage anrl
publication according to law.
PASSED BY THE CITY COUT1C'IT, this
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da" of
~1 ayor
ATTEST:
Clerk/Ad~inistrator