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HomeMy WebLinkAboutContract 2118Minnesota Lawful Gambling LG215 Lease for Lawful Gambling Activity Check applicable item: 1. Lease for new application. Submit with new premises permit application. ~2. Renewed lease. Submit with premises permit renewal. 3. New owner. Effective date _/ / Submit new or amended lease within 10 days after new lessor assumes ownership. 4. Amended lease • Check the change(s) in the lease: -Rent -Prem ises name -Booth/bar -Activity change -Other • Date that changes will beeffective /_/ • Both parties must initial and date all changes. • Submit chan es at least 10 days before the effective date of the change. Organization name License number p~vtip~ phone l 11 b~j Columbia Hei hts Athletic Boosters 02072 - 7 7 Name of leased premises Street address City State Zip Daytime phone Columbia ~ (763) To Valu Li or 4950 Central Ave Hei hts 55421 706-3819 y te8~ owner of premises Business/streetgddress CGc~lumb i a State Zip D~ysir~ phone (( b6~j )) NR~I 55421 - 7 06 3600 Name of lessor (if same as legal Businesslstreetgddress City State Zip Daytime phone owner, write in "SAME") Same Check (~) all activities that will be conducted -Pull-tabs X Pull-tabs with dispensing device Tpboards -Paddlewheel -Paddlewheel with table -Bingo -Bar bingo Pull-tab, Tipboard, and Paddlewheel Rent (No lease required for raffles.> Booth operatoon -sales of gambling equipment by an employee Bar operation -sales of gambling equipment within a leased (or volunteer) of a licensed organization within a separate enclosure premises by an employee of the lessor from a common area where that is distinct from areas where food and beverages are sold. food and beverages are also sold. Does your organization OR any othe r organization conduct gambling from a booth operation at this location? Yes X No L - - - - - - - - - - - - - - - - - _ _ _ _ _ _ _ _ _ J - - - - Ifyou answered yeS to the question above, rent limits are If you answered n0 to the question above, rent limits are based on the following combinations of operation: based on the following combinations of operation: - Booth operation - Bar operation - Booth operation and pull-tab dispensing device - Bar operation with pull-tab dispensing device - Booth operation and bar operation - Pull-tab dispensing device only - Booth operation, bar operation, and pull-tab dispensing device The maximum rent allowed may not exceed $1,750 in total The maximum rent allowed may not exceed $2,500 in total per month for all organizations at this premises. per month for all organizations at this premises. COMPLETE ONE OPTION: COMWJETE ONE Op7ION: Option A: 0 to 10% of the gross profits per month. Option A: 0 to 20% of the gross profits per month. Percentage to be paid % Percentage to be paid % Option B: When gross profits are $4,000 or less per month, $0 to Option B: When gross profits are $1,000 or less per month, $0 $400 per month maybe paid. Amount to be paid $ to $200 per month maybe paid. Amount to be paid $ Option C: $0 t0 $400 perm^^th nn rr,p first $4,000 of gross Option C: $0 to $200 per month on the first $1,000 of gross profit. Amount to be paid $ _ profits. Amount to be paid $ 5 0 . 0 0 , Plus, 0% to 10% of the gross profits may be paid per month on Plus, 0% to 20% of the gross profits may be paid per month on gross profits over $4,000. Percentage to be paid _ ,% gross profits over $1,000. Percentage to be paid 10 Bingo Rent Bar Bingo Rent Option D: 0 to 10% of the gross profits per month from all lawful gambling activities held during bingo occasions, exduding bar bingo. Option F: No rent may be paid for bingo Percentage to be paid conducted in a bar. Option E: A rate based on a cost per square foot, not to exceed 110% of a comparable cost per square foot for leased space, as New Bingo Activity approved by the director of the Gambling Control Board. No rent maybe paid for bar bingo. Rate to be paid $ per square foot. For arly new bingo activity not previously The lessor must attach documentation, verified by the organization, to included in a Premises PermitApplication, confirm the comparable rate and all applicable costs to be paid by the attach a separate sheet of paper listing the organization to the lessor. days and hours that bingo will be conducted. s/os 2118 Page 1 of 2 LG215 Lease for Lawful Gambling Activity 5/08 Page 2 of 2 Lease Term The term of this lease agreement will be concurrent with the premises permit issued by the Gambling Control Board (Board). Management of Gambling Prohibited The owner of the premises or the lessor will not manage the conduct of gambling at the premises. Participation as Players Prohibited The lessor, the lessor's immediate family, and any agents or gambling employees of the lessor will not partidpate as players in the mnduct of lawful gambling on the premises. IXCEPTION: The lessor's immediate family and lessor's employees may participate in bar bingo if they are not involved in the sale or operation of bar bingo. 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 and 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 organization is authorized without payment of rent during the time period determined by the Board for violations of this provision, as authorized by Minnesota Statutes 349.18, Subdivision 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 609.75. • Notwithstanding Minnesota Rules 7865.0220, Subpart 3, 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 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 the Board, the conduct of illegal gambling adivity at this site in which the organization did not partidpate. Other Prohibitions • The lessor will not impose restrictions on the organization with respect to providers (distributors) ofgambling-related equipment and services or in the use of net profits for lawful purposes. • The lessor, any person residing in the same household as the lessor, the lessor's immediate family, 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 pending a final determination by the Compliance Review Group (CRG) of the Gambling Control Board. The lessor agrees to arbitration when a violation of this provision is alleged. The arbitrator shall be the CRG. Access to permitted premises The Board and its agents, the commissioners of revenue and public safety and their agents, and law enforcement personnel have access to the permitted premises at any reasonable time during the business hour` of the lessor. The organization has access to the permitted premises during any time reasonable and when necessary for the conduct of lawful gambling on the premises. 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-indusive. No other services or expenses provided or contracted by the lessor may be paid by the organization, induding but not limited to trash removal, janitorial and deaning services, snow removal, lawn services, electridty, heat, security, security monitoring, storage, other utilities or services, and 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 Gambling Control Board. Rent payments may not be made to an individual. Changes in lease If the lease is amended with no change in ownership, the organization will submit the amended lease to the Board at least 10 days before the effective date of the change. If a change in ownership occurs, the organization will submit an amended lease to the Board within 10 days after the new lessor has assumed ownership. Acknowledgment of Lease Terms I affirm that this lease is the total and only agreement between the lessor and the organization, and that all obligations and agreements are 4ont~ined in or attached to this a se and are s b~e~' to the approval of the director of the Gambling Control Board Original lessee wl~~ provl~e leSSOr, at Other terms lessors request, a 30-day termination of agreement at any tiI during lease term when requested by lessor. The lessee may give the lessor a 30-day termination at any time during signed lease period. Signature of lessor Print name and title of lessor Print name and (lessee) Dafe Walt Fehst, City Manager Marsha Stroik, CEO Lessee's business address 530 Mill Street NE Columbia Height Quesdons7 Contact the Licensing Section, Gambling Control Board, at 651-639-4000. This publication will be made available in alternative format (i.e. large print, Braille) upon request. The infomation requested on this form will become public information when received by the Board, and used to determine your compliance with Minnesota statutes and rules governing lawful gambling activfies. o I I i -~ J _L ~, ~ ~- I ~,- i ~ ~J ~ ~~ - C L L G) I ~ O ~ ~ I - -! ~ -- - ~'! I' I i - ] - - _-_~~ ~ i _ ~~ B.. ~ `..J e. i --- - - - - - I O o ~ ~ ~ ~~ i , - ~ ~ ~ ~ ~ ~ ' ~ -r- -i o ~ ~ ~ i i ~ ~ ~ ~ ~ i ~ - i ~ i~ ~ ~ i i ~ ~~ i ~~ ~ i i ~ i i i i i L/ i i i i i ~. i i i i' ~ ~ ~ i i ~ ~ ~~ ~ ~~ ~ ~~ _ ~ ~ ~ ~ ~ ~ -- -' -- f- C i -~ -- ~ I° ~ ~ ---, r --~ r __i r__, - ~ ~ ~ ~ ~ C ~~ ~~~ L i ~ ~ ~ ~ ~ i i i i i i i ------- --- --- _._ __ o ~ ~:~ ~~ 'S'_tS_~T_~`' O a,.: