HomeMy WebLinkAboutChapter 2: Public Dances, Lawful Gambling and Amusement Devices City of Edina Public Dances,Gambling and Amusements 200.05
CHAPTER 2. REGULATING PUBLIC DANCING, LAWFUL GAMBLING
AND AMUSEMENT DEVICES
Section 200 - Public Dances
200.01 Definitions. Unless the context clearly indicates otherwise, the following words
and phrases have the meanings given in this Subsection.
Public Dance. Every dance held in a public dancing place in which the public may
participate, whether an admission fee is charged or not.
Public Dancing Place. Any place other than a private residence in which dancing
is carried on or is proposed to be carried on and in which the public may
participate.
200.02 Permit Required; Exception. No person shall conduct a public dance unless a
permit shall have been procured therefor, provided, however, no permit shall be required
for a dance sponsored by a private or public school that is a permitted use in the Single
Dwelling Unit District (R-1) as defined in Section 850 of this Code.
200.03 Permit Procedure and Control. The provisions of Section 160 of this Code shall
apply to all permits required by this Section and to the holders of such permits except that
permits shall be issued or denied by the Council.
200.04 Fee. The fee for a permit required by this Section shall be in the amount set
forth in Section 185 of this Code.
200.05 Application. The provisions of this Subsection are in addition to the requirements
of Section 160 of this Code. Any person or persons desiring a permit to hold or conduct
a public dance shall make application therefor on a form provided by the Clerk. The
application shall set forth the name and address of the person, persons, committee, or
organization which is to conduct the dance; time and place where such dance is to be held;
and the square footage and location of the dance floor. The applicants shall also state on
the application if any of the applicants has been convicted of a felony, gross misdemeanor,
or of violating any ordinance or law regulating dances any place in the United States.
Upon receiving the report and recommendation of the Police Chief and Manager, the
Council shall issue the permit if in the Council's opinion a nuisance will not result and the
public health or safety will not suffer and that the public dance as proposed in the
application will comply with the requirements of this Section and other sections of this
Code. The Council may impose such conditions on the permit as deemed necessary to
ensure compliance with this Code,protect adjacent properties and protect the health, safety
and welfare of the City and its citizens.
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City of Edina Public Dances,Gambling and Amusements 200.10
200.06 Police Protection. If required by the Council, the applicant shall provide, at the
applicant's expense, policing of the immediate and surrounding area of the building or area
of the public dancing place by security personnel approved by the Police Chief. The failure
to provide such policing shall constitute grounds for the immediate suspension or
revocation of the permit.
200.07 Permitted Locations. Public dances may be held only in the Planned Commercial
District (PCD), the Mixed Development District (MDD) or in any facility owned by the City
or School District located in the Single Dwelling Unit District (R-1), all as defined in
Section 850 of this Code.
200.08 Prohibited Persons. The permit holder shall not permit any person in violation
of Section 1060 of this Code or any intoxicated person to be or remain in any public
dancing place.
200.09 Hours for Dancing. Public dances shall not be held or conducted between the
hours of 1:00 A.M. and 6:00 A.M.J. or such other hours as the Council may prescribe in the
permit.
200.10 Term of Permit. Any permit issued hereunder shall be for such period of time as
the Council shall determine. Provided, however, the initial permit for each premises shall
be for a term of not more than 30 days and the renewal of a permit after the initial 30
days shall be for a term of not more than one year.
History. Ord 201 codified 1970
Cross Reference. Sections 160, 185, 850, 1060
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City of Edina Public Dances,Gambling and Amusements 215.08
Section 215 - Gambling
215.01 Definitions. The definitions listed in M.S. 349 are hereby incorporated in and
made a part of this Section as if set out in full.
215.02 Permit Required. No person shall operate, conduct, or sell bingo, raffles,
paddlewheels, tipboards, pull-tabs or any other form of lawful gambling unless a permit
shall have been procured therefore.
215.03 Permit Procedure and Control. The provisions of Section 160 of this Code shall
apply to all permits required by this Section and to the holders of such permits except that
the permit shall be issued or denied by the Manager.
215.04 Fees. The fee for any permit required by this Section shall be in the amount set
forth in Section 185 of this Code.
215.05 Application. The provisions of this Subsection are in addition to the
requirements of Section 160 of this Code. Any organization desiring a permit to operate
or conduct lawful gambling shall make application therefor on a form provided by the
Clerk. The application shall set forth the name and address of the organization which is
to operate or conduct the lawful gambling, and the time and place where such lawful
gambling is to be held. The organization shall also state affirmatively on the application
that none of the officers or directors of the organization have been convicted of a felony
or gross misdemeanor, or of violating any ordinance or law regulating gambling any place
in the United States. The Clerk may accept the application for license or exemption filed
with the Minnesota Gambling Control Board in lieu of the form required by this
Subsection.
215.06 Permitted Locations. Lawful gambling may be operated or conducted only in
buildings or on lots or parcels in the R-1 District as defined by Section 850 of this Code
except buildings, lots or parcels which are used for residential purposes.
215.07 Award of Prizes. All prizes or pay-offs from lawful gambling shall be awarded
during the time and at the place described in the permit issued in accordance with this
Section.
215.08 Permit Restrictions.
A. No more than two permits shall be issued to any one organization in a
calendar year and there shall be at least seven days between the specified date in
the permits for the operation or conduct of lawful gambling.
B. Each permit shall allow lawful gambling only on the premises described in
and for the dates specified in the permit.
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City of Edina Public Dances,Gambling and Amusements 215.09
C. Each permit shall be issued for a maximum of three consecutive days.
215.09 Exemptions.
Subd. 1 Statutory Exemptions. The following are exempt from the requirements
of this Section:
A. The State lottery established pursuant to M.S. 349A.
B. Raffles, if the value of the prizes awarded by the organization in a
calendar year does not exceed $750.00.
C. Bingo conducted in a nursing home or senior citizen housing project
or by a senior citizen organization, if:
1. The prizes for a single bingo game do not exceed $10.00;
2. Total prizes awarded at a single bingo occasion do not exceed
$200.00;
3. No more than two bingo occasions are held by the organization or
at the facilities each week;
4. Only members of the organization or residents of the nursing
home or housing project are allowed to play in a bingo game;
S. No compensation is paid to any persons who conduct the bingo;
and
6. A manager is appointed to supervise the bingo and the manager
registers with the Minnesota Gambling Control Board.
Subd. 2 Sale or Redemption Through U.S. Mail
A. The sale or redemption of tickets, pull-tabs, or other chances through
the U.S. Mail are exempt from the requirements of this Section.
History. Ord 204 adopted 1-17-79
Reference. M.S. 349, 349A
Cross Reference. Sections 160, 185, 850
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City of Edina Public Dances,Gambling and Amusements 220.06
Section 220 - Mechanical Amusement Devices
220.01 Definitions. The term "machine" or "amusement device" as used in this Section
means any machine, contrivance or device, including, without limitation, video, electronic
or mechanical, of any of the following types:
A. A machine which upon the insertion of a coin, slug or other token, or upon
payment of a fee, operates, or may be operated, as a game, contest or other
amusement only and which contains no automatic pay-off device for the return of
money, coins, merchandise, checks, tokens or any other thing or item of value;
provided, however, that such machine may be equipped to permit a free play or
game.
B. Miniature pool tables, bowling machines, shuffle boards, electric rifle or gun
ranges, and machines patterned after baseball,basketball, hockey and similar games
and like machines which may be played solely for amusement and not as gambling
devices, and which machines are played by the insertion of a coin, slug or other
token, or upon payment of a fee.
C. Amusement devices designated for and used exclusively by children, such as, but
not limited to, kiddie cars, miniature airplane rides, mechanical horses, and other
miniature mechanical devices, not operated as a part of or in connection with any
carnival, circus, show, or other entertainment or exhibition.
220.02 License Required. No person shall operate or maintain, or permit to be operated
or maintained upon premises owned, leased or controlled by such person, any machine
without first obtaining a license for such machine.
220.03 License Procedure. The provisions of Section 160 of this Code shall apply to all
licenses required by this Section and to holders of such licenses.
220.04 Fees; Exception. The fee for any license required by this Section shall be in the
amount set forth in Section 185 of this Code. No fee shall be imposed on video games of
chance as defined in M.S. 349.50.
220.05 Application. The application for license or renewal of license shall contain, in
addition to the information required by Section 160, the date and place of conviction of
any person named in the application for any felony or misdemeanor committed during the
period of ten years prior to the date of application, including a statement of the crime of
which such person was convicted.
220.06 Insurance. If the machine is of the type described in paragraph C. of Subsection
220.01, the applicant shall file with such application a public liability insurance certificate
applicable to death or injury caused by the operation of the licensed machine, in amounts
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City of Edina Public Dances, Gambling and Amusements 220.14
not less than$100,000 for injury to or death of one person, or$300,000 for any one incident.
In addition to the certificate, the City may also request the applicant to submit a public liability
insurance policy.
220.07 Transfer. Subject to written approval of the Manager or the Manager's deputy, any
licensed machine may be transferred from one location to another without additional fee
charged by the City, or the sticker may be taken off a machine which is to be removed or
retired and transferred to a replacement machine.
220.08 Location of Machine. No machine shall be located, placed, maintained or operated
on any public street, avenue, boulevard, lane, alley or other public ground within the City.
220.09 Gambling. It shall be unlawful for the owner of any machine, or for the owner or
operator of any establishment where it is located, to permit the machine to be used for
gambling or for the making of bets or wagers contrary to this Code or State Law.
220.10 Pay-Off. It shall be unlawful for the licensee, or for the owner, lessee or operator
of the establishment where such machine is located, to give any money, token, merchandise
or any other thing of value or any reward or prize in lieu of free games registered to such
machine, and all free games so registered shall be played on the machine registering such free
game, and there shall be no device on the machine whereby the operator can cancel registered
free games.
220.11 Automatic Pay-Off. No person shall keep, maintain, sell or permit to be operated in
the licensed premise any machine which has been converted into an automatic pay-off device
which shall discharge coins, checks or other tokens to the operator or player of such machine.
No person shall convert any machine into an automatic pay-off device.
220.12 Destruction of Illegally Operated Machine. Any machine which has been used in
violation of Subsections 220.09, 220.10 and 220.11 may be seized and destroyed in
compliance with the provisions of State Law relating to gambling devices.
220.13 Certain Machines Not Regulated. Nothing in this Section shall apply to any machine
held or kept for sale or storage and which is not actually in use or displayed for use.
220.14 Zoning Compliance. All machines shall at all times be located only in a zoning
district where such machines, and the number thereof, are allowed by the applicable provisions
of Section 850 of this Code.
History. Ord 211 codified 1970; amended by Ord 211 Al 5-12-82, Ord 211-A2 2-22-84
Reference. M.S. 349; 349.52, Subd. 4; 471.707
Cross Reference: Sections 160, 185, 850
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