HomeMy WebLinkAbout03/05/1981 �ITY OF APPL�, VAT:,LEY �
URBAN aFFAIRS COT�'IMITTEE PdiINtJTES
Mr1F�CH 5, 1981
PRESENT : Chairman My.ers , Deters , TJ�etry, Schwartz , Doering, Mciiay.
Staff F�Iember Kelley.
l . Ca11 to Order.
Chairman i4�yers called meeting to order at 7:30 p . m.
2 . A��roval af Februar��, 198I Minutes .
i�70TI0N: by Metry, seconded by Deters , for approval of minutes .
3 . Further Discussion of Gamblin� Ordinance .
Mr. Ke11ey stated this item was tabled last September because af
the Committee's can.cern relative to extensive regulations vf state
law on non-profit organizations . He re�orted that the :Police De-
partment gets inquiries from time to time.
P�r. PJle�ry stated he recalled the main points discussed were the fees ,
administrative procedure of reporting, and the banding. Ms . Deters
added there also had been concern regarding the definition of a
group of 30 members , which seemed high for a city the size of Apple
Valley.
1�Zs . Schwartz asked if there was any ordinance now which could be u.sed .
P�Ir . rielley reported there was a separate bingo ordinance, and that
some groups were operating under that .
Chief Rivers and Sgt . Lagace were present . Chief Rivers stated
that he had had inquiries regarding the Las Vegas night the Legion
was s�onsoring in February, and that he had called the City Attorney.
He stated they couldn't determine if it was legal or illegal , but
in his own mind he felt it was illegal and wouldn't conform to what
he felt state law said there could be . He stated the City Attorney
reported back and a meeting was held last Friday where they went
over state law pertaining to gambling and agreed that some of the
games they operated were not in conformance with state 1aw. They
also drafted an ordinance and are now waiting on information from
the Attorney General 's office . He added that they were requesting
the City �ouncil to direct the Urban Affairs Committee to prepare
an ordinance .
TvIs . Deters asked if the City attorney was aware of the $10,000
state law says has to be posted . She stated they wouldn't want
an ordinance to hurt the charitable organizations . Also, she
said, the Lions Club only has 8 members , and the� law reads 30
members , which she felt to be a high limit for a city the size
of �pple Valley.
1'vTr. Metry asked if the proceeds were taken out of the premises .
Chief r�ivers stated they were , and reported that a sign was posted
at the stud paker table saying that 1Qo of winnings went to the
house . He stated he thought the stud poker might have been legal
had they sold chips at the door.
Urban Affairs Commi�e Niinutes �
March 5, 1981
Page 2
Sgt . Lagace reported a church in Minneap'olis held gambling night,
however they called it a raffle . He said they sold funny money,
or play money, at the door and the money made from selling the
funny money went to charity. Then at the end of the evening they
hold an auction with the funny money. He stated they do not
interpret it as gambling when they use the funny money. Chief
Rivers suggested he call the City Attorney to give him this in-
formation so he could use it in his study.
Mr. Metry said the Committee had studied the model ordinance and
felt they were stuck and wouldn't achieve the purpose they desired .
T`�s . Deters asked if they found the raffle approach could be used
if Chief Rivers would want this in the gambling ordinance so it
would be under the controls of the city. Chief Rivers stated he
would, that from Sgt . Lagace's description it could be classified
as a raffle with play with funny money up to the auction, but he
would still like to see some type of licensing through the city.
He added that a permit would have some control over them, just
in case they would happen to stray back to their habits of gambling.
He said they might not like the restrictions but it would put some
control over them, and there could also be an inspection clause .
He stated normally the Legion has a Sargent of Arms to check member-
ship so the police would not be allowed in.
T�s . Deters stated she would like to get away from the 30 member
limit, and the �10,000 bond. Ms . Schwartz asked what the terms
of raffling were, and if the �10, 000 bond applied, adding that
she couldn't believe all the groups that were having this type of
thing were pu�ting up $10,000 . Chief Rivers reported that the
money isn't actually put up in ca�h. l�r. �2yers asked if there was
a way of finding out exactly ho�� much it would cost to get a bond.
Chief Rivers stated they could ask �he City Attorney. T�r. Kelley
stated that the state law was pretty strict about the �10,000 bond.
Chief Rivers stated the Committee should have the draft ordinance
for their next meeting.
Chief Rivers then reported that an individual has requested per-
mission to operate a pawn shop in Apple Valley. He stated there
was no ordinance to regulate pawn shops , and that they are a saurce
of stolen materials . He said Sgt . �agace had prepared information
regarding pawn shops and that he would like to proceed by asking
the city coun�i� �o direct the Urban Affairs Committee to study
a possible ordinance at their next meeting. Currently, he said,
the State Legislature was working on a law regarding precious
metal dealers .
Sgt . Lagace distributed copies of the State Legislature's bill .
He stated arrests have been made in Apple Valley pertaining to
precious metals, and stolen property recovered with a search war-
rant . He stated this bill was strict, but that it requires all
Urban Affairs Committee T1�inutes
I�iarch 5, 1981 � •
Page 3
information police feel necessary. He stated pawn shops are a
sore spot with police departments everywhere, and most cities
have s�ecific divisions that deal only with them. He stated
they were prime places for people to sell stolen items, and all
the state statutes request is that they don't accept s-tolen items .
If pfllice go to the pawn shop in sea�c� c�f stolen merchandise
the operater can say he doesn't have any they can't look around.
Under the proposed bill they would be required to keep records
of items, descriptions , serial numbers , and identity of the
individual . He stated the best way to prevent one from opening
in �pple Valley vaould be to have an ordinance regulating it
before we get one . He stated he had outlined some of the things
that should be included in the ordinance .
Tdis . Doering askec� if they would be allowed to go in a check serial
numbers . Sgt . Lagace stated they could, and if the i�tem didn't
have a serial number it was possible in a. case of house burglary
that the people had the item marked in some way.
1�JIs . Deters asked if there was any way an age re�tra.ction could be
used . Sgt . I,agace reported state law says 18 or over, or they have
to have written permission by parents for him to be there .
l�is . Schwartz stated that precious metal deal�rs will have ta pay by
check, and questioned if there c�uld be a stipulation that pawn
brokers also have to pay by check. Chief Rivers stated he thought
it would be a good point to have in the ordinance . Sgt. Lagace
stated one of the biggest roadblacks to the new legislation was
from the dealers themselves particularly in having to keep the
material l� to 30 days, and this time has now been dropped to two
weeks . The pay by check would aid them in catching a person.
N:s . Schwartz asked if the environment around a pawn shop lent to
th.e crime problem. Sgt . Zagace stated no, and in this instance
he understood it would be in Apple Square . He said he thought
someone from the investigation team would keep a close eye on it,
and would stop in and tell him what to watch for and establish
a good relationship.
Mr. Metry asked if there was a legal definition for a pawn shop.
The follow�ing was taken from the dictionary: "On.e who loans money
on the security of persona.l property �ledged in his keeping" . He
stated this seemed an unusual request in the outer-urban area,
and questioned if there was any precedent for not allowing this
type of activity in the city. i��r. Kelley stated he did not know
o f any.
P�Is . achwartz questioned if this type of business would fall under
banking restrietions . Pr1r. Kelley stated he didn't feel that would
apply since a bank lends money on return of interest allotved by
law; that they are dealing with other people's money where a
pawn broker was dealing with his own money.
1:7s . Deters stated she felt the committee should laok at this before
�ambling since it seemed to carry a degree of urgency.
Urban Affairs Commi�ee l�Iinutes �
T�iarch 5, 1g81
Page �
�. Other Items:
T�=7s . Schwartz asked the status of the noise ordinance . She also
asked about a case regarding two barking dogs . Chief Rivers re-
ported this would be going to court in a couple of weeks , and
under the annimal ordinance the court could request them to get
rid of the dogs if they so wished . He said he had gotten recent
information from the League of Cities regarding a school for
officers starting April 3 on noise monitorin� and four offi�ers
have been enrolled.
:�'Is . Deters stated the noise ordinance would not help in the case
of barking dogs as they were left out of the ordinance, so the
only restriction would be the 10; 00 p .m. deadline for nuisance
noises .
T��Ir. Kelley reported they were waiting on the Cit�r Attorney's re-
sponse following which i-t would be sent to the Clty Council . He
thought it would be on the Ivlarch 12th agenda, and stated he would
notify N�r. & T�Irs . Larson so they could be present .
1�3r. 1Vletry stated the garbage ordinance was last changed in 196g
when the population was 8,000 . He stated the �opulation now
is 21,000 so that 2/3 of the people are not aware of the stipulation
that garbage has to be put outside of the garage . He stated he
thought -the garbage ordinance should be reviewed.
P�OTION: by Schwartz, seconded by Deters , for meeting to adjou�n.
YES - 6 . NO - 0. l:notion carried.
��Ieeting adjourned at 8:34 p.m.
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