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Home My WebLink AboutContract No. 2014 25572014 2557 MINNESOTA LAWFUL GAMBLING LG20 Lease for Lawful Gambling Activity Revised 11/12 Page 1 of 2 Organization Address License /site number Daytime phone Columbia Heights Athletic Boosters 1530 Mill Street NE Columbia Heights 55421 02072/010 763 706 -3743 Name of leased premises Street address City State Zip Daytime phone Top Valu II 2105 37th Avenue NE Columbia Heights MN 55421 763 706 -5303 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 3 U �Mwner, write in "SAME" Check applicable item: 1. New lease. Do not submit existing lease with amended changes. 0110112014 Date that the changes will be effective. Submit changes at least 10 days before the effective date of the change. 2. New owner. Effective date Submit new lease within 10 days after new lessor assumes ownership. Check all activity that will be conducted (No lease required for raffles) F-1 Electronic pull -tabs [must also sell paper pull -tabs] Pull -tabs [paper] Pull -tabs [paper] with dispensing device Linked electronic bingo Electronic games may only be conducted at: F-1 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 1]; or ❑ Paddlewheel Fl Paddlewheel with table (2) a premises where bingo is conducted as the primary business and has a seating capacity of at least 100. 1:1 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 lessors 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 Lease 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 lessor, the lessor's immediate family, any person residing The organization may not conduct any activity on behalf of the lessor in the same residence as the lessor, and any agents or on the leased premises. employees of the lessor will not require the organization to Participation as Players Prohibited - The lessor will not perform any action that would violate statute or rule. The participate directly or indirectly as a player in any lawful gambling lessor must not modify or terminate this lease in whole or in conducted on the premises. The lessor's immediate family and any part due to the lessor's violation of this provision. If there is agents or gambling employees of the lessor will not participate as a dispute as to whether a violation occurred, the lease will players in the conduct of lawful gambling on the premises, except remain in effect pending a final determination by the Compliance Review Group (CRG) of the Gambling Control as authorized by Minnesota Statutes 349.181. Board. The lessor agrees to arbitration when a violation of this provision is alleged. The arbitrator shall be the CRG. 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. Access to permitted premises - Consent is given to the In addition, the Board may authorize the organization to withhold Board and its agents, the commissioners of revenue and public rent for a period of up to 90 days if the Board determines that safety and their agents, and law enforcement personnel to illegal gambling occurred on the premises or that the lessor or its enter and inspect the permitted premises at any reasonable employees participated in the illegal gambling or knew of the time during the business hours of the lessor. The organization gambling and did not take prompt action to stop the gambling. has access to the premises during any time reasonable and Continued tenancy of the organization is authorized without payment when necessary for the conduct of lawful gambling. of rent during the time period determined by the Board for violations Lessor records -The lessor must maintain a record of all of this provision, as authorized by Minnesota Statutes 349.18, money received from the organization, and make the record Subdivision 1(a). available to the Board and its agents, and the commissioners To the best of the lessor's knowledge, the lessor affirms that any of revenue and public safety and their agents upon demand. The record must be maintained for 3 -1/2 years. 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 Rent all- inclusive - Amounts paid as rent by the organization prohibitions against illegal gambling in Minnesota Statutes 609.75. to the lessor are all- inclusive. No other services or expenses provided or contracted by the lessor may be paid by the Notwithstanding Minnesota Rules 7865.0220, Subpart 3, an organization, including but not limited to: organization must continue making rent payments under the terms - trash removal - janitorial and cleaning services of this lease, if the organization or its agents are found to be solely - electricity, heat - other utilities or services responsible for any illegal gambling, conducted at this site, that is - snow removal - lawn services prohibited by Minnesota Rules 7861.0260, Subpart 1, item H or - storage - security, security monitoring Minnesota Statutes 609.75, unless the organization's agents - cost of any communication network or service required to responsible for the illegal gambling activity are also agents or conduct electronic pull -tabs games or electronic bingo employees of the lessor. - in the case of bar operations, cash shortages. The lessor must not modify or terminate the lease in whole or in Any other expenditures made by an organization that is related part because the organization reported, to a state or local law to a leased premises must be approved by the director of the enforcement authority or the Board, the conduct of illegal gambling Gambling Control Board. Rent payments may not be made to an individual. activity at this site in which the organization did not participate. 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 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 Signatur so DiAe Signat f organiza n official [lessee] Date f Print name a d title of lessor Print name an title of les e Walt Fehst, City Manager Christopher Nutting, CEO 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. liVII- i-11111izelltti_1lu le1111J011W