HomeMy WebLinkAbout2017-177 (Minnesota Premises Permit for Lawful Gambling for Merrick, Inc., located at Tilted Tiki, 324 Main Street S, Suite 2) RESOLUTION 2017-177
APPROVING MINNESOTA PREMISES PERMIT FOR LAWFUL GAMBLING FOR
MERRICK, INC, LOCATED AT TILTED TIKI, 324 MAIN STREET S,SUITE 2,
STILLWATER, MINNESOTA
WHEREAS, the Merrick, Inc. has submitted applications to the City of Stillwater
requesting City approval of a Minnesota Gambling Premises Permit application located at
Tilted Tiki, 324 Main Street S, Suite 2, Stillwater, MN; and
WHEREAS, it has been demonstrated that the organization is collecting gambling
monies for lawful purposes.
NOW THEREFORE, BE IT RESOLVED that the City of Stillwater approve of the local
gambling located at Tilted Tiki, 324 Main Street S, Suite 2, Stillwater, MN. The City Clerk is
directed to attach a certified copy of this resolution to the application to be submitted to
the Gambling Control Board.
Adopted by the City Council for the City of Stillwater this 19th day of September,
2017.
Ted Kozlowski, Mayor
ATT ST;
j d
Diane F.Ward, City Clerk
MINNESOTA LAWFUL GAMBLING
LG214 Premises Permit Application
REQUIRED ATTACHMENTS TO LG214
1. 1f the premises is leased, attach a copy of your lease. Use LG215
Lease for Lawful Gambling Activity.
2. $150 annual premises permit fee, for each permit (non-refundable).
Make check payable to "State of Minnesota."
ORGANIZATION INFORMATION
Organization Name: Merrick, Inc.
Chief Executive Officer (CEO) John W. Barker
Gambling Manager Wendy
L.Busch
.,.m
GAMBLING PREMISES INFORMATION
Current name of site where gambling will be conducted:......,
List any previous names for this location:
6/15 Page 1 of 2
Annual Fee $150 (NON-REFUNDABLE)
Mail the application and required attachments to:
Minnesota Gambling Control Board
1711 West County Road 8, Suite 300 South
Roseville, MN 55113
Questions? Call 651-539-1900 and ask for Licensing.
License Number: 00264
Daytime Phone: 651-789-6200
Daytime Phone 651-238-6871
Street address where premises is located:
(Do not use a P,O. box mranu,r4racr or mailing address.)
City: OR Township:
SriI(JcLf-
County:
5114'vl 'Pt
Does your organization own the building where the gambling will be conducted?
fl Yes
No If no, attach LG215 Lease for Lawful Gambling Activity.
Zlp Code:
5r6 g�
A lease is not required if only a raffle will be conducted.
Is any other organization conducting gambling at this site? [Yes E No ODon't know
Note: Bar bingo can only be conducted at a site where another Form of lawful gambling is being conducted by the applying organi-
zation or another permitted organization. Electronic games can only be conducted at a site where paper pull -tabs are played.
Has your organization previously conducted gambling at this site? El Yes '� 1No Don't know
GAMBLING BANK ACCOUNT INFORMATION; MUST BE IN MINNESOTA
Bank Name: TO/Lake Area Bank
Bank Account Number: 2865541070/3163526
Bank Street Address: 8432 Tamarack Village City: Wodbu?�
ALL TEMPORARY AND OFF-SITE PERMANENT
FF -SITE STORAGE SPACES
Address (Do not use a P.O. box number):
State: IN Zip Code: 55125
City: State: Zip Code:
3210 Labore Road Vadnais Heights
MN 55110
MN
MN
LG214 Premises Permit Application
ACKNOWLEDGMENT BY LOCAL UNIT OF GOVERNMENT: APPROVAL BY RESOLUTION
City Name:
CITY APPROVAL
for a gambling premises
located within city limits
Date Approved by City Council: v„
Resolution Number: 47O„4/
7 --
(If none, attach meeting minutes.)
mature of City Personnel:
Title:
Local unit of government
must sign.
County Name:
COUNTY APPROVAL
for a gambling premises
located in a township
6/15 Page 2 of 2
Date Approved by County Board:
Resolution Number:.
(If none, attach meeting minutes.)
Signature of County Personnel:
Title:... ..� �.......... Date Signed:.....
TOWNSHIP NAME:
Complete below only if required by the county.
On behalf of the township, 1 acknowledge that the organization is
applying to conduct gambling activity within the township limits.
(A township has no statutory authority to approve or deny an
application, per Minnesota Statutes 349.213, Subd. 2,)
Print Township Name:...
Signature of Township Officer: r_ _
ACKNOWLEDGMENT AND OATH
._....__ hereby consent consent that local �W.
1. I l law enforcement officers,
the Board or its agents, and the commissioners of
revenue or public safety and their agents may enter
and inspect the premises,
The Board and its agents, and the commissioners of
revenue and public safety and their agents, are
authorized to inspect the bank records of the gambling
account whenever necessary to fulfill requirements of
current gambling rules and law.
I have read this application and all information
submitted to the Board is true, accurate, and complete.
• All required information has been fully disclosed.
• I am the chief executive officer of the organization.
6, I assume full responsibility for the fair and lawful operation of
all activities to be conducted.
7. I will familiarize myself with the laws of Minnesota governing
lawful gambling and rules of the Board and agree, if licensed,
to abide by those laws arid rules, including amendments to
them.
8. Any changes in application information will be submitted to the
Board no later than ten days after the change has taken
effect.
9. I understand that failure to provide required information or
providing false or misleading information may result in the
denial or revocation of the license.
10. I understand the fee is non-refundable regardless of license
approval/denlal,
(designee may not sign)
Data privacy notice: The lelfotp)zatlon requested on thls
form (and any attachments) will be used by the
Gambling Control Board (Board) to determine your
organization's qualifications to be Involved In lawful
gambling activities In Minnesota. Your organization has
the right to refuse to supply the Information; however,
If your organization refuses to supply this Information,
the Board may not be able to determine your
organization's qualifications and, as a consequence,
may refuse to issue a permit. If your organization
supplies the information requested, the Board will he
able to process your organization's application. Your
organization's name and address will be public
Information when received by the Board.
All other information provided will be
private data about your organization until
the Board Issues the permit. When the
Board Issues the permit, all information
provided will become public. If the Board
does not Issue a permit, all information
provided remains private, with the
exception of your organization's name and
address which will remain public. Private
data about your organization are available
to: Board members, Board staff whose
work requires access to the information;
Date
/1/7
Minnesota's Department of Public Safety,
Attorney General, Commissioners of
Administration, Minnesota Management &
Budget, and Revenue; Legislative Auditor,
national and International gambling
regulatory agencies; anyone pursuant to
court order; other individuals and agencies
specifically authorized by state or federal law
to have access to the Information; Individuals
and agencies for which law or legal order
authorizes a new use or sharing of
Information after this notice was given; and
anyone with your written consent.
This form will be made available in alternative format, i.e. large print, braille, upon request.
MINNESOTA LAWFUL GAMBLING
LG215 Lease for Lawful Gambling Activity
rganizatlon:
errick, Inc.
ddress:
210 Labore Road
Name of Lease
1.
1 e
City: J l' t "�Aa
Name ref Legal Owner;
City':'
license/Site Number:
00264.._.. ...
City:
Vadnais He hts
Street Addr
6/15 Page 1 of 2
Daytime Phone:
651789 6200
State: Zip:
MN 55110
State: Zip:
AJ
Name of sor (if sarxze as legal owner, write "SAMJ
hey applicable item:
New or amended lease. Effective date:
of the change.
New owner. Effective date:
Submit changes at least ten days before the effective date
Submit new lease within ten days after new lessor assumes ownership.
;9 A«� r M }}�nY ✓ 4
Electronic Pull -Tabs
Electronic Inked Bingo
Electronic games may only be conducted:
1. at a premises licensed for the on -sale of intoxicating liquor
or the on -sale of 3.2% malt beverages; or
2. at a premises where bingo is conducted as the primary
business and has a seating capacity of at least 100.
Pull -Tabs (paper)
Pull -Tabs (paper) with dispensing device
Bar Bingo jJBingo
Tlpboards
Paddlewheel [Paddlewheel with table
d by an°employe
ALL GAMES, including electronic games: Monthly rant to be paid„ erv, not to exceed 10% of gross profits for that month.
• Total rent paid from all organizations for only booth operations th leased premises may not exceed $1,750.
• The p- s not Include BAR OPERATION rent for electronic games conducted by the lessor.
MI sales of arrrbling equlp t conducted by the
errr'ployee.
+ r " Es: Monthly rent to be paid: / %, not to exceed 15% of the gross profits for that month from electronic pull -tab
games and electronic linked bingo games.
ALL OTHER GAMES: Monthly rent to be paid: c;20 %, not to exceed 20% of gross profits from all other forms of lawful gambling.
• If any booth sales conducted by a licensed organization at the premises, rent may not exceed 10% of gross profits for that month
and is subject to booth operation $1,750 cap.
,SuIfS�4N?
Bingo rent is limited to one of the following:
• Rent to be paid: %, not to exceed 10% of the monthly gross profit from all lawful gambling activities held during bingo
occasions, excluding bar bingo.
- OR -
• Rate to be paid: $ per square foot, not to exceed 11.0% of a comparable cost per square foot for leased space, as
approved by the director of the Gambling Control Board. The lessor must attach documentation, verified by the organization, to
confirm the comparable rate and all applicable costs to be paid by the organization to the lessor.
Rent may not be paid for bar bingo,
Bar bingo does not include bingo games linked to other permitted premises.
The lease may be terminated by either party with a written _ day notice. Other terms:
LG215 Lease for Lawful Gambling Activity
Lease Term: The term of this agreement will be concurrent
with the premises permit Issued by the Gambling Control Board
(Board).
Management: The owner of the premises or the lessor will not
manage the conduct of lawful gambling at the premises. The
organization may not conduct any activity on behalf of the lessor
on the leased premises.
Participation as Players Prohibited: The lessor will not par-
ticipate directly or indirectly es a player in any lawful gambling
conducted on the premises. The lessor's immediate family and
any agents or gambling employees of the lessor will not partici-
pate as players in the conduct of lawful gambling on the premis-
es, except as authorized by Minnesota Statutes, Section
349.181.
Illegal Gambling: The lessor is aware of the prohibition
against illegal gambling in Minnesota Statutes 609.75, and the
penalties for illegal gambling violations in Minnesota Rules
7865.0220, Subpart 3. In addition, the Board may authorize the
organization to withhold rent for a period of up to 90 days if the
Board determines that illegal gambling occurred on the premises
or that the lessor or Its employees participated in the illegal
gambling or knew of the gambling and did not take prompt
action to stop the gambling. Continued tenancy of the organiza-
tion is authorized without payment of rent during the time period
determined by the Board for violations of this provision, as
authorized by Minnesota Statutes, Section 349.18, Subd. 1(a).
To the best of the lessor's knowledge, the lessor affirms that any
and all games or devices located on the premises are not being
used, and are not capable of being used, in a manner that
violates the prohibitions against Illegal gambling In Minnesota
Statutes, Section 609.75.
Notwithstanding Minnesota Rules 7865.0220, Subpart3, an
organization must continue making rent payments under the
terms of this lease, if the organization or its agents are found to
be solely responsible for any Illegal gambling, conducted at this
site, that Is prohibited by Minnesota Rules 7861.0260, Subpart 1,
item H, or Minnesota Statutes, Section 609.75, unless the
organization's agents responsible for the illegal gambling activity
are also agents or employees of the lessor.
The lessor must not modify or terminate the lease In whole or in
part because the organization reported, to a state or local law
enforcement authority or to the Board, the conduct of Illegal
gambling activity at this site, in which the organization did not
participate.
6/15 Page 2 of 2
Other Prohibitions: The lessor will not impose restrictions on
the organization with respect to providers (distributor or linked
bingo game provider) of gambling -related equipment and ser-
vices or in the use of net profits for lawful purposes.
The lessor, the lessor's immediate family, any person residing in
the same residence as the lessor, and any agents or employees
of the lessor will not require the organization to perform any
action that would violate statute or rule, The lessor must not
modify or terminate this lease in whole or In part due to the
lessor's violation of this provision. If there is a dispute as to
whether a violation occurred, the lease will remain in effect pend-
ing a final determination by the Compliance Review Group (CRG)
of the Board. The lessor agrees to arbitration when a violation of
this provision Is alleged. The arbitrator shall be the CRG.
Access to Permitted Premises: Consent is given to the Board
and its agents, the commissioners of revenue and public safety
and their agents, and law enforcement personnel to enter and
inspect the permitted premises at any reasonable time during the
business hours of the lessor. The organization has access to the
premises during any time reasonable and when necessary for the
conduct of lawful gambling.
Lessor Records: The lessor must maintain a record of all
money received from the organization, and make the record
available to the Board and its agents, and the commissioners of
revenue and public safety and their agents upon demand. The
record must be maintained for 3-1/2 years.
Rent All -Inclusive: Amounts paid as rent by the organization
to the lessor are all-inclusive. Nootherservices or expenses
providedor contracted by the lessor may be paid by the organi-
zation, including but not limited to:
- trash removal
- electricity, heat
- snow removal
- storage
- janitorial and cleaning services
- other utilities or services
- lawn services
- security, security monitoring
- cost of any communication network or service required to
conduct electronic pull -tabs games or electronic bingo
- in the case of bar operations, cash shortages.
Any other expenditures made by an organization that Is related
to a leased premises must be approved by the director of the
Board. Rent payments may not be made to an individual.
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I affirm that this lease is the total and only agreement between the lessor and the organization, and that all obligations and
agreements are contained in or attached to this lease and are subject to the approval of the director of the Gambling Control Board.
Other terms of the lease:
Date:mmm��m�
n Official (Lessee): Date�
Print Name and Tits of Lessor:
Ci s (pG 01.V4ri32_
Questions? Contact the Licensing Section, Gambling Control Board, at
651-539-1900. This publication will be made available in alternative format (i.e.
e print, 'braille) upon request. Data privacy notice: The information requested
on this form and any attachments will become public Information when received by
the Board, and will be used to determine your compliance with Minnesota statutes
and rules governing lawful gambling activities.
Mali or fax lease to:
Minnesota Gambling Control Board
1711 W. County Road B, Suite 300 South
Roseville, MN 55113
Fax: 651-639-4032