HomeMy WebLinkAboutOrdinance 1419ORDINANCE 1419
5.5020)
(a)
CO)
5.502(2)
ON SALE CLUB LIQUOR
On-sale licenses for the sale of intoxicating liquor may be issued to bona fide
clubs, as defined herein, which have been in existence for three (3) years or
more, or to an incorporated congressionally chartered veterans organization
which has been in existence for three (3) years or more.
The licenses issued shall be for sale of intoxicating liquors to club members
and guests only.
The license fee shall be set by Minnesota State Statute. No license will be
issued unless at the time of application the applicant has paid the license fee in
full and a non-refundable investigation fee as set by City Council resolution.
Where all applicants are in-state, the investigation fee will be $500; where
any applicants are out of state, the investigation fee shall be $2,000. If the
investigation fee for in-state or out of state applicants exceeds the minimum
fee, the additional costs of the investigation will be billed to the applicant(s).
Upon rejection of any application for a license, or upon withdrawal of an
application before approval of the issuance by the City Council, the license
fee shall be refunded to the applicant. In any case, the investigation fee will
be non-refundable. All licenses shall expire on the last day of December of
each year.
Any club as defined herein, may make application for such license. The
application shall be made with the Clerk and shall contain the following
information in addition to a form from the Minnesota Liquor Control
Commissioner:
(a)
Co)
(c)
Name and address of club.
Date of and copy of Certificate of Incorporation of club or other documentation of
legal status.
Certified copy of the By-Laws of the club, including therein a definition of the
word "member".
(d)
(e)
(0
(g)
A list of the membership.
A copy of the Charter, if any.
List of corporate officers, Board of Directors and manager.
Copy of Lease Agreement or Statement of Ownership of premises occupied
by the applicant.
(h)
(i)
O)
5.502(3)
(a)
Co)
(c)
5.502(4)
A statement as to whether or not real estate taxes and local assessments for the premises to
be licensed are fully paid, and if not paid, the years and amounts which are unpaid.
Executed signature of an officer of the corporation.
Full legal name of applicant and applicants spouse, place and date of birth,
street address of residence and length of time at that address of the applicant
and applicant's spouse; and any other information deemed necessary by the
City Council or issuing authority.
At the time of filing an application for any on-sale intoxicating liquor license, the applicant
shall file with the Clerk proof of financial responsibility for liability. The issuer or surety on
any liability insurance policy or bond shall be duly licensed to do business in the State of
Minnesota, and all documents shall be approved as to content, form and execution. The
licensee and the City shall be named as joint insured on the liability insurance policy. The
policy shall be effective for the entire license year or term of license.
Proof of financial responsibility may be provided by supplying to the Clerk
any of the following items:
A certificate that there is in effect for the license period an insurance policy
providing at least $50,000 of coverage because of bodily injury to any one
person in any one occurrence, $100,000 because of bodily injury to two or
more persons in any one occurrence, $10,000 because of bodily injury to or
destruction of property of others in any one occurrence, $50,000 for loss of
means of support of any one person in any one occurrence, and $100,000 for
loss of means of support of two or more persons in any one occurrence; or
A bond of a surety company with minimum coverages as provided in Section
5.502(5)(a), or
A certificate of the State Treasurer that the licensee has deposited with the
State Treasurer $100,000 in cash or securities that may be legally purchased
by savings banks or trust funds having a market value of $100,000.
The operation of an intoxicating liquor license without having on file at all
times with the City the liability insurance policy or other evidence of financial
responsibility required herein shall be grounds for immediate revocation of the
license. Notice of cancellation of a current liquor liability policy serves as
notice to the licensee of the impending revocation and unless evidence of
compliance with the financial responsibility requirements of this section are
presented to the Clerk before the termination is effective, the license will be
revoked instantly upon the lapse in coverage.
Any liability insurance required by this section must provide that it may not
be canceled for:
5.502(5)
5.5o2(6)
5.502(7)
(a)
(b)
(c)
(d)
(a) Any cause, except for nonpayment of premium, by either the insured or the insurer unless
the canceling party has first given thirty days' notice in writing to the issuing authority of
intent to cancel the policy; and
(b) Nonpayment of premium unless the canceling party has first given ten days' notice in
writing to the issuing authority of intent to cancel the policy.
All applications shall be referred to the Chief of Police. The Chief of Police
or his/her designee is empowered to conduct any and all investigations to
verify the information on the application, including ordering a computerized
criminal history inquiry obtained through the Criminal Justice System and/or a
driver's license history inquiry as recorded by the State Department of Public
Safety on the applicant. The application shall also be referred to the Chief of
the Fire Department, the Building Official and the City Planning and Zoning
Department for a report indicating whether said premises are in compliance
with applicable ordinances and regulations. A public heating shall then be
held before the City Council, at which time the application for a license shall
be considered. Opportunity shall be given to any person to be heard for or
against the granting of the license at a public heating. The City Council may
accept or reject the license application in its discretion upon completion of the
public heating.
Each license shall be issued to the applicant(s) only and shall not be
transferable to another holder. Each license shall be issued only for the
premises described in the application.
No license shall be issued to any applicant for a location within 300 feet of
any school or church, unless such license has been previously approved when
no school or church was so situated.
Clubs which are licensed pursuant to the provisions of this section shall be
subject to the following regulations:
No sales of any or intoxicating liquor may be made between 1:00 a.m. and 8:00 a.m.
on the days of Monday through Saturday, nor between 1:00 a.m. and 12:00 noon on
Sunday.
Sales shall be made only to club members and their guests.
Liquor may only be sold at the premises designated in the license.
The Clerk shall be notified of any change in the person managing the liquor
operations for the club.
5.502(8)
5.502(9)
Any on-sale license issued pursuant to the provisions of this section shall be
subject to Section 5.503(11) of this ordinance.
Any person violating any provision of this ordinance shall be guilty of a
misdemeanor, and upon conviction thereof, shall be punished as per State
Statute.
CHAPTER 5
SECTION 3
INTOXICATING LIQUOR
5.503(1) No person, except wholesalers or manufacturers to the extent authorized by State Statute, shall
directly or indirectly deal in, sell, or keep for sale any intoxicating liquor without first having received a
license to do so as provided in this chapter. On-sale intoxicating liquor licenses may be issued to the
following establishments:
(e)
(0
(g)
(h)
hotels;
restaurants with minimum seating for 150 guests at one time and a dining area with a
minimum floor area of 3,000 square feet;
bowling centers with not less than fifteen lanes and with appropriate facilities for the
serving of food to not less than 30 persons;
clubs or congressionally chartered veterans organizations, with the approval of the
commissioner, provided that the organization has been in existence for at least three
(3) years; liquor sales only to members and bona fide guests.
5.503(2) On sale intoxicating liquor licenses shall be granted to establishments that derive at least sixty
percent (60%) of the annual gross receipts from the sale of food. A hotel shall have a dining area providing
seating for at least 75 guests at one time and a minimum often guest rooms, and of that part of the total
business receipts attributable to or derived from the serving of foods and intoxicating liquors, no less than
60% of the business receipts fi.om a license year must be attributable to the sale of food. A bowling center
shall be conducted in such a manner that no less than sixty percent (60%) of the business receipts for the
license year shall be derived from the serving of food and bowling.
5.503(3) A restaurant which contains a minimum of 3,300 square feet of building area located on the same
floor with minimum seating for 150 guests at one time and a combined waiting and dining space with a
minimum floor area of 2,000 square feet may make application for a Limited Intoxicating Liquor License
provided that the premises does not contain an elevated counter, commonly known as a bar and meets the
60% requirements of 5.503(2). The annual license fee shall be set by resolution of the City Council. In the
absence of a resolution, the license fee shall be $5500.00.
5.503(4) No license shall be granted for any premises which does not have a sprinkler system.
5.503(5) Every application for a license to sell intoxicating liquor on-sale shall be made on a form supplied
by the City. Applications shall be filed with the Clerk. It shall be unlawful to make any false statement in
an application. By submitting an application, the applicant consents to any and all investigations the City
deems appropriate and waives any claims the applicant may have. Copies of the application shall be
submitted to such other City departments as the City Council shall deem necessary for verification and
investigation of the facts set forth in the application.
5.503(6) In addition to the information required on the State Liquor Control Commissioner's form, the on-
sale intoxicating liquor license application shall contain the following information:
(a) Type of license applicant seeks.
(b)
Whether the applicant is a natural person, corporation, partnership, or other form of
organization.
(c)
Full legal name of applicant and applicants spouse, place and date of birth, street address of
residence and length of time at that address of the applicant and applicant's spouse; and any
other information deemed necessary by the City Council or issuing authority.
(i)
Whether the applicant has ever used or been known by a name other than his/her tree
name, and, if so, what was such name or names and information concerning dates and
places where used.
(ii) Name of business.
(iii)
The nature of any other business to be operated in conjunction with the on-sale of
intoxicating liquor and whether the applicant is the owner or operator of such other
business, and if so, the length of time in such business.
(iv)
Street addresses at which applicant and current spouse have lived during the
preceding ten years.
(v)
Kind, name and location of every business or occupation applicant or present spouse
have been engaged in during the preceding ten years.
(vi)
Names and addresses of applicant's and spouse's employers and partners, if any, for
the preceding ten years.
(vii)
Whether applicant or spouse has ever been convicted of any felony, crime, or
violation of any ordinance other than traffic. If so, the applicant shall furnish
information as to the time, place and offense for which convictions were had.
(viii)
whether applicant or spouse has ever been engaged as an employee or in operating a
bar, saloon, hotel, restaurant, cafe, tavern or other business of a similar nature. If so,
applicant shall furnish information as to the time, place, and length of time.
(ix)
whether applicant has ever been in military service. If so, applicant shall attach
DD/214 form.
(d)
(e)
(0
In the case of corporations, partnerships, or other form of organization, such
information relating to the identity of each officer, director and partner as
required in 5.503(5)(c).
If the applicant is a corporation or other organization and is applying for an on sale
license, the following will be required:
(1) Name and, if incorporated, the state of incorporation.
(2) A tree copy of Certificate of Incorporation or other
documentation of legal status.
An applicant for an on-sale license shall submit a floor plan of the dining
room or dining rooms which shall be open to the public, shall show
dimensions, and shall indicate the number of persons intended to be served in
each of said rooms.
(g)
(h)
(i)
Three character references located within the State of Minnesota.
Whether or not all real estate taxes and local assessments for the premises to be
licensed which are due and payable have been paid and if not paid, the years and
amounts which are unpaid.
Such other information as the City Council shall require.
5.503(7) Applications for the renewal of an existing license shall be made a minimum of 60 days prior to
the date of the expiration of the license.
At the time application is made for a renewal of an on sale license, the applicant shall file with the Clerk a
statement prepared by a certified public accountant that shows the total gross sales and the total food sales of
the restaurant for the twelve-month period immediately preceding the date for filing renewal applications.
5.503(8) If the application is by a natural person, it shall be signed and swom to by such person; if by a
corporation, or other organization, by an authorized representative of the same.
5.503(9) No license will be issued unless at the time of application the applicant has paid the license fee in
full and a non-refundable investigation fee as set by City Council resolution. In the absence of a resolution,
the license fee shall be $6,500; where all applicants are in-state, the investigation fee will be $500; where
any applicants are out of state, the investigation fee shall be $2,000. If the investigation fee for in-state or
out of state applicants exceeds the minimum fee, the additional costs of the investigation will be billed to the
applicant(s). A new application shall be submitted and a license fee and investigation fee paid when there
is a change in ownership or control of a licensed corporation. Upon rejection of any application for a
license, or upon withdrawal of an application before approval of the issuance by the City Council, the
license fee shall be refunded to the applicant. In any case, the investigation fee will be non-refundable. The
license fee for an on-sale license granted after the commencement of the license year shall be pro-rated on a
monthly basis. All licenses shall expire on the last day of December of each year.
(a)
When the license is for premises where the building is not ready for
occupancy, the time fixed for computation of the license fee for the initial
license period shall be 90 days after approval of the license by City Council or
upon the date the building is ready for occupancy, whichever is sooner.
(b)
No transfer of a license shall be permitted from place to place or person to
person without complying with the requirements of an original application.
5.503(10) All applications shall be referred to the Chief of Police. The Chief of Police or his/her designee
is empowered to conduct any and all investigations to verify the information on the application, including
ordering a computerized criminal history inquiry obtained through the Criminal Justice System and/or a
driver's license history inquiry as recorded by the State Department of Public Safety on the applicant. The
application shall also be referred to the Chief of the Fire Department, the Building Official and the City
Planning and Zoning Department for a report indicating whether said premises are in compliance with
applicable ordinances and regulations. A public hearing shall then be held before the City Council, at which
time the application for a license shall be considered. Opportunity shall be given to any person to be heard
for or against the granting of the license at a public hearing. The City Council may accept or reject the
license application in its discretion upon completion of the public hearing.
Each license shall be issued to the applicant(s) only and shall not be transferable to another holder. Each
license shall be issued only for the premises described in the application.
5.503(11) No license shall be granted to or held by any person:
(a) Who is less than 21 years of age.
(b) Who is not of good moral character and repute.
(c)
Who is not a citizen of the United States or a resident alien, or upon whom it is impractical to
conduct a background and financial investigation due to the unavailability of information.
(d)
Who has been convicted of a felony or any violation of law of this state or local ordinance
relating to the manufacture, transportation or sale of beer, wine, or of intoxicating liquors.
(e)
For the sale of intoxicating liquor on any premises also occupied by a previous licensee who
was convicted of a violation of this ordinance or where a license has been revoked by the
City Council.
(f) Who is a manufacturer of intoxicating liquor.
(g) Who is not the proprietor of the establishment for which the license is issued.
(h)
Who is or during the period of this license becomes the holder of a federal retail
liquor dealer's special tax stamp for the sale of intoxicating liquor at such place.
(i)
5.503(12) On
subject to the
(a)
Co)
(c)
(e)
(f)
(g)
(h)
(i)
No license shall be issued to any applicant for a location within 300 feet of
any school or church, unless such license has been previously approved when
no school or church was so situated.
sale intoxicating liquor licenses granted pursuant to the provisions of this section shall be
following conditions:
Every license shall be granted subject to the conditions and provisions of this ordinance and
of any other applicable ordinances of the City or State law.
The license shall be posted in a conspicuous place in the licensed establishment at all times.
Any peace officer shall have the unqualified right to enter, inspect, and search the premises of
the licensee during business hours without a warrant upon information or belief of a violation
of Federal, State or local laws. Business hours shall be deemed any time when licensee or
employees are present on the premises. Refusal to permit such inspection is a violation of
this ordinance and grounds for revocation of license.
Every licensee shall be responsible for the conduct of his place of business and the conditions
of sobriety and order in the place of business and on the premises. The act of any employee
on the licensed premises authorized to sell intoxicating liquor there is deemed the act of the
licensee as well, and the licensee shall be liable to all penalties provided by ordinance,
statute, or regulation equally with the employee.
No on sale licensee shall sell intoxicating liquor off Sale.
No license shall be effective beyond the space named in the license for which it was granted.
No intoxicating liquor shall be sold or furnished or delivered to any obviously intoxicated
person, or to any person to whom sale is prohibited by state law.
No licensee shall permit 18, 19, or 20 year old persons to remain on the premises unless to
perform work for the establishment including the sale or serving of alcoholic beverages,
consume meals, and attend social functions that are held in a portion of the establishment
where liquor is not sold.
No licensee shall sell, offer for sale, or keep for sale, intoxicating liquors from
any original package which has been refilled or partly refilled. No licensee
shall directly or through any other person delete or in any manner tamper with
the contents of any original package so as to change its composition or
alcoholic content while in the original package. Possession on the premises
by the licensee of any intoxicating liquor in the original package differing in
composition or alcoholic content in the liquor when received from the
manufacturer or wholesaler from whom it was purchased, shall be prima facie
evidence that the contents or the original package have been diluted, tampered
with or changed.
0)
In the case of corporations, partnerships, or other forms of organizations,
when there is a change in officers, directors, or partners, a new application
must be submitted.
(k) No gambling allowed, nor any gambling device prohibited by law.
5.503(13) No sale of intoxicating liquor for consumption on a licensed premises may be made between
1:00 a.m. and 8:00 a.m. on the days of Monday through Saturday, nor between 1:00 a.m. and 12:00 noon on
Sunday.
5.503(14) At the time of filing an application for any on-sale intoxicating liquor license, the applicant shall
file with the Clerk proof of financial responsibility for liability. The issuer or surety on any liability
insurance policy or bond shall be duly licensed to do business in the State of Mirmesota, and all documents
shall be approved as to content, form and execution. The licensee and the City shall be named as joint
insured on the liability insurance policy. The policy shall be effective for the entire license year or term of
license.
Proof of financial responsibility may be provided by supplying to the Clerk any of the following items:
(a)
A certificate that there is in effect for the license period an insurance policy or pool providing
at least $50,000 of coverage because of bodily injury to any one person in any one
occurrence, $100,000 because of bodily injury to two or more persons in any one occurrence,
$10,000 because of bodily injury to or destruction of property of others in any one
occurrence, $50,000 for loss of means of support of any one person in any one occurrence,
and $100,000 for loss of means of support of two or more persons in any one occurrence; or
(b) A bond of a surety company with minimum coverages as provided in Section 5.503(14)(a), or
(c)
A certificate of the State Treasurer that the licensee has deposited with the State Treasurer
$100,000 in cash or securities that may be legally purchased by savings banks or trust funds
having a market value of $100,000.
5.503(15) The operation of an intoxicating liquor license without having on file at all times with the City
the liability insurance policy or other evidence of financial responsibility required herein shall be grounds
for immediate revocation of the license. Notice of cancellation of a current liquor liability policy serves as
notice to the licensee of the impending revocation and unless evidence of compliance with the financial
responsibility requirements of this section are presented to the Clerk before the termination is effective, the
license will be revoked instantly upon the lapse in coverage.
Any liability insurance required by this section must provide that it may not be canceled for:
(a) Any cause, except for nonpayment of premium, bY either the insured or the insurer unless the
canceling party has first given thirty days' notice in writing to the issuing authority of intent to
cancel the policy; and
(b) Nonpayment of premium unless the canceling party has first given ten days' notice in writing to
the issuing authority of intent to cancel the policy.
5.503(16) The City Council may suspend or revoke any intoxicating liquor license for the violation of any
provision or condition of this ordinance or of any State law or Federal law regulating the sale of intoxicating
liquor, and shall revoke such license for any willful violation which, under the laws of the State, is grounds
for mandatory revocation, and shall revoke for failure to keep the insurance required by Section 5.503(13) in
full force and effect.
Nonmandatory revocation or suspension by the Council shall be preceded by written notice to the licensee
and a public hearing. The notice shall give at least ten days notice of the time and place of the heating and
shall state the nature of the charges against the licensee. The Council may, without any notice, suspend any
license pending a hearing on revocation for a period not exceeding 30 days. The notice may be served upon
the licensee personally or by leaving the same at the licensed premises with the person in charge thereof.
No suspension after public hearing shall exceed 60 days.
5.503(17) Any person violating any provision of this ordinance shall be guilty of a misdemeanor, and upon
conviction thereof, shall be punished as per State Statute.
CHAPTER
SECTION 6
5.506(1)
5.506(2)
5.506(3)
SUNDAY ON-SALE LIQUOR
Establishments to which on-sale licenses have been issued or hereafter may
be issued, pursuant to Sections 5.502 and 5.503 may serve intoxicating
liquors between the hours of 10:00 a.m. on Sunday and 1:00 a.m. on
Mondays in conjunction with the serving of food, provided that such
establishment is in conformance with the Minnesota Clean Air Act.
No person, firm or corporation shall sell or serve, directly or indirectly,
intoxicating liquors pursuant to Section 5.506(1) without having first
obtained a special license pursuant to this section.
A Sunday liquor license may be issued only for a one (1) year period
coinciding with the dates of applicant's intoxicating liquor license, for a fee
of $200.00. If Minnesota Statutes are amended to allow charging a fee in
excess of $200.00, the Council may, by resolution, charge a fee in excess
thereof.
5.506(4)
5.506(7)
Any license granted hereunder may be revoked or suspended for any
violation of Sections 5.503 or 5.502.
Any person violating any provision of this ordinance shall be guilty of a
misdemeanor, and upon conviction thereof, shall be punished as per State
Statute.
CHAPTER 5
SECTION 10
5.51o(1)
5.51o(2)
5.510(3)
5.510(4)
ON SALE TEMPORARY LIQUOR SALES
A temporary license for the on-sale of intoxicating liquor in connection with
a social event within the City sponsored by the licensee may be issued to a
club or charitable, religious, or other nonprofit organization in existence for at
least three years as set forth in this section.
The license may authorize the on-sale of intoxicating liquor for not more than
four consecutive days, and may authorize on-sales on premises other than the
premises the licensee owns or permanently occupies. No more than three
four-day, four three-day, six two-day, or 12 one-day temporary licenses, in
any combination not to exceed 12 days per year to any one organization or
for any one location, within a twelve month period. No more than one
temporary license to any one organization or for any one location within any
30-day period. Temporary on-sale licenses are only valid for the dates, times
and locations specifically stated on the license.
The license may provide that the licensee may contract for intoxicating liquor
catering services with the holder for a full-year on-sale intoxicating liquor
license issued by the municipality.
License applicants shall furnish the information required by Section 5.503(5)
of this Code. In addition, the Council may, at its option, require a license
applicant to provide the information as follows:
(a) Name and address of club/church.
Co)
Full legal name of person in charge of event if not applicant,
spouse's full legal name if applicable; date of birth, residence
street address and length of time at that address of person in
charge and spouse; and any other information deemed
necessary by the City Council or issuing authority.
(c)
Site plan of the area where sales will occur indicating the size,
location and nature of the premises planned to be used along
with a depiction of its relationship to the adjacent premises.
(d) Certificate of Incorporation.
(e)
Statement from property owner granting permission to
applicant for use of the premises on which the stated activity is
proposed.
(f) Executed signature of an officer of the club/church.
5.51o(5)
5.510(6)
5.5 o(7)
ao
All applications shall be referred to the Chief of Police. The Chief of Police
or his/her designee is empowered to conduct any and all investigations to
verify the information on the application, including ordering a computerized
criminal history inquiry obtained through the Criminal Justice System and/or
a driver's license history inquiry as recorded by the State Department of
Public Safety on the applicant. The application shall also be referred to the
Chief of the Fire Department, the Building Official and the City Planning and
Zoning Department for a report indicating whether said premises are in
compliance with applicable ordinances and regulations. A public hearing
shall then be held before the City Council, at which time the application for a
license shall be considered. Opportunity shall be given to any person to be
heard for or against the granting of the license at a public hearing.
The Council may accept or reject the license application in its discretion upon
completion of the public hearing, subject to the following criteria:
a. No license shall be issued to any organization who's applicant has been
convicted of a felony or any violation of any law of this state or local
ordinance related to the sale, manufacture or transportation of beer, wine or
intoxicating liquor.
b. No license shall be issued unless the applicant has first paid a license fee
in an amount set by Resolution of the Council. In the absence of a
Resolution, the license fee shall be $100 per day or portion thereof. No
license will be issued unless at the time of application the applicant has paid a
non-refundable investigation fee as set by City Council resolution. Where
all applicants are in-state, the investigation fee will be $500; where any
applicants are out of state, the investigation fee shall be $2,000. If the
investigation fee for in-state or out of state applicants exceeds the minimum
fee, the additional costs of the investigation will be billed to the applicant(s).
If the organization holds an existing annual liquor license, an investigation
fee need not be collected. Upon rejection of any application for a license, or
upon withdrawal of an application before approVal of the issuance by the
City Council, the license fee shall be refunded to the applicant. In any case,
the investigation fee will be non-refundable.
Licenses granted pursuant to the provisions of this Chapter shall be subject to
the following conditions:
No licensee or his agent may sell or permit the sale of intoxicating liquor
licensed to be sold under this section between the hours of 1:00 a.m. and 8:00
a.m. on days Monday through Saturday, nor between the hours of 1:00 a.m.
and 12:00 noon on Sunday. No licensee or his agent or any other person shall
consume or allow to be consumed on the licensed premises any intoxicating
liquor between the hours of 1:3t3 a.m. and 8:00 a.m. Should the Council
decide to additionally restrict the hours of sale in granting the license, no
licensee or his agent may sell or permit the sale of intoxicating liquor at any
time not specifically allowed in such license.
All licensees under this section shall allow the business premises to be
inspected by police or health officials at any time during which the premises
are open to the public. Business hours shall be deemed any time when
licensee or employees are present on the premises. Refusal to permit such
inspection is a violation of this ordinance and grounds for revocation of
license.
Co
All sales and consumption of intoxicating liquor must be in a separated and
confined area.
5.5 o(8)
eo
No licensee shall permit 18, 19, or 20 year old persons to remain on the
premises unless to perform work for the establishment including the sale or
serving of alcoholic beverages.
No intoxicating liquor shall be sold or furnished or delivered to any obviously
intoxicated person or to any person to whom sale is prohibited by state law.
At the time of filing an application for any temporary on-sale intoxicating
liquor license, the applicant shall file with the Clerk proof of financial
responsibility for liability. The issuer or surety on any liability insurance
policy or bond shall be duly licensed to do business in the State of Minnesota,
and all documents shall be approved as to content, form and execution. The
licensee and the City shall be named as joint insured on the liability insurance
policy. The policy shall be effective for the entire license term. The location
of the event and date of the event must be indicated on the Certificate of
Insurance.
Proof of financial responsibility may be provided by supplying to the Clerk
any of the following items:
a. A Certificate that there is in effect for the license period an insurance
policy providing at least $50,000 of coverage because of bodily injury to any
one person in any one occun'ence, $100,000 because of bodily injury to two
or more persons in any one occurrence, $10,000 because of injury to or
destruction of property of others in any one occurrence, $50,000 for loss of
means of support of any one person in any one occurrence, and $100,000 for
loss of means of support of two or more persons in any one occurrence; or
b. A bond of a surety company with minimum coverages as provided in
5.510(8)(a); or
5.510(9)
c. A certificate of the State Treasurer that the licensee has deposited with that
office $100,000 in cash or securities which may legally be purchased by
savings banks or for trust funds having a market value of $100,000.
Any liability insurance required by this section must provide that it may not
be canceled for:
5.510(10)
5.51o(11)
5.510(12)
(a)
Any cause, except for nonpayment of premium, by either the
insured or the insurer unless the canceling party has first given
thirty days' notice in writing to the issuing authority of intent
to cancel the policy; and
(b)
Nonpayment of premium unless the canceling party has first
given ten days' notice in writing to the issuing authority of
intent to cancel the policy.
The operation of a temporary on sale intoxicating liquor license without
having on file at all times with the City the liability insurance policy or other
evidence of financial responsibility required herein shall be grounds for
immediate revocation of the license. Notice of cancellation of a current
liquor liability policy serves as notice to the licensee of the impending
revocation and unless evidence of compliance with the financial
responsibility requirements of this section are presented to the Clerk before
the termination is effective, the license will be revoked instantly upon the
lapse in coverage.
Licenses under this section are not valid unless first approved by the State of
Minnesota Commissioner of Public Safety.
Any person violating any provision of this section shall be guilty of a
misdemeanor, and upon conviction thereof, shall be punished as per State
Statute.
First Reading:
Second Reading:
Date of Passage:
September 11, 2000
September 25, 2000
September 25, 2000
Offered By: Szurek
Seconded By: Jolly
Roll Call: All ayes
( ~atricia Muscovitz, Deputy City Cle;~
)jPeterson