HomeMy WebLinkAboutContract No. 2014 25562014
2556
MINNESOTA LAWFUL GAMBLING
LG215 Lease for Lawful Gambling Activity Revised 11/12 Page 1 of 2
Organization
Address
1530
License /site number
Daytime phone
Columbia Heights Athletic Boosters
Mill Street NE Columbia Heights 55421
102072/010
763 706 -3743
Name of leased premises
Street address
City
State
Zip
Daytime phone
Top Valu 1
4950 Central Ave
Columbia Heights
MN
155421
763 706 -3819
Name of legal owner
Business /street address
City
State
Zip
Daytime phone
City of Columbia Heights
590 40th Avenue NE
Columbia Heiqhts
MN
55421
Name of lessor [if same as
�"ner, write in "SAME"
(Pu'J
Check applicable item:
1. New lease. Do not submit existing lease with amended changes.
01/01/2014 Date that the changes will be effective. Submit changes at least 10 days before the effective date of the change.
2. New Effective date
owner. Submit new lease within 10 days after new lessor assumes ownership.
Check all activity that will be conducted (No lease required for raffles)
Electronic pull -tabs [must also sell paper pull -tabs]
Pull -tabs [paper]
(]Pull-tabs Linked electronic bingo
[paper] with dispensing device
Electronic games may only be conducted at:
❑ Bar bingo Bingo (1) a premises licensed for the on -sale or off-sale of intoxicating liquor or 3.2 percent
Tipboards malt beverages [but does not include a general food store or drug store permitted to sell
alcoholic beverages under Minn. Stat. 340A.405, subdivision 11; or
❑
Paddlewheel 1-1 Paddlewheel with table (2) a premises where bingo is conducted as the primary business and has a seating
❑ capacity of at least 100.
PULL -TAB, TIPBOARD, AND PADDLEWHEEL RENT
Separate rent for booth and bar ops.
BOOTH OPERATION - Some or all sales of gambling equipment are conducted by an employee /volunteer of a
licensed organization at the leased premises.
ALL GAMES, including electronic games - Monthly rent to be paid, _ %, not to exceed 10% of gross profits for that month.
• Total rent paid from all organizations for only booth operations at the leased premises may not exceed $1,750.
• The rent cap does not include BAR OPERATION rent for electronic games conducted by the lessor.
BAR OPERATION - All sales of gambling equipment conducted by the lessor or lessor's employee.
ELECTRONIC GAMES - 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, 10 %, 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 $1750 cap.
BINGO RENT for leased premises where bingo is the primary business conducted, such as bingo hall.
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 110% 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.
LEASE TERMINATION CLAUSE. Must be completed.
The lease may be terminated by either party with a written 30 day notice.
Other terms
LG215 Lease for Lawful Gambling Activity
Revised 11/12 Page 2 of 2
Leatie Term - The term of this agreement will be concurrent with the Other Prohibitions - The lessor will not impose restrictions
premises permit issued by the Gambling Control Board (Board). on the organization with respect to providers (distributor or
linked bingo game provider) of gambling - related equipment
Management - The owner of the premises or the lessor will not and services or in the use of net profits for lawful purposes.
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
participate directly or indirectly as 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 participate as
players in the conduct of lawful gambling on the premises, except
as authorized by Minnesota Statutes 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 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
activity at this site in which the organization did not participate.
Acknowledgment of Lease Terms
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 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 - 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. No other services or expenses
provided or contracted by the lessor may be paid by the
organization, including but not limited to:
- trash removal - janitorial and cleaning services
- electricity, heat - other utilities or services
- snow removal - lawn services
- storage - 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
Gambling Control Board. Rent payments may not be made to
an individual.
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
Signature o or pate/- Signat �f organization, ffi 'al [lessee] Date
Print name and title of lessor' Print name an�Oitle of lessee Y
Walt Fehst, City Manager Christopher Nutting, C O
Questions? 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. 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.
Reset Form — Print Form