HomeMy WebLinkAboutOrdinance 857ORDINANCE NO. 857
BEiNG AN ORDIN~,[CE kELATII<G TO LICEifSII~G JJ~ REGb7~ATiNG THE
USE AND S~J~E OF INTOXICATING LIQUOR
The City Council of the City of Columbia Heights does ordain:
Section 1. Definitions.
The term intoxicating liquor shall mean and include ethyl alcohol and in-
clude distil!ed~ fermented, spiritous, vinous, and malt beverages containing
in excess of 3.2% of alcohol by weight.
Be
The terms sale and sell mean and include all barters and all manners or
means of furnishing intoxicating liquor or liquors as above described in
v~v~=~,~ or evasion of law and also include the usual meaning of ~erms.
C. The term on-sale means the sale of intoxicating liquor by the glass or by
the drink for consumption on the premises only.
The term off-sale means the sale of intoxicating liquor in the original
package in retail stores for consumption off or away from the premises
where sold.
The terms package or original package means any corked or sealed con-
tainer or receptacle holding intoxicating liquors.
Fe
The term hotel means and includes any estab!ishn~ent having a resident pro-
prieto'r or manager~ where, in consideration of payment therefor, food and
lodging are regularly furnished to transients, which maintains for the use
of its guests not less than one hundred (t00) guest rooms with bedding and
other usual suitable and necessary furnishings in each room, which is provided
at the mai~ entrance With a suitable lobby, desk~ and office for the regis-
tration of its guests on the gr~d floor, which employs an adequate staff
to provide suitable and usual s~.ice: and which maintains under the same
manageF'nt and control as the rc -~ of the estab!is~ent and has, as an inte-
gral pa~t thereof, a dining roo~ ~;ith appropriate facilities for seating
not less than one hundred (100) guests at one time, where the general pub]_ic
are, in consideration of pa)~ent thereof, served with meals at tables.
The term restaurant means any establishment, other than a hotel, under the
control of a singlA proprietor or manager, having appropriate facilities
for'the serving of meals, and where, in consideration of payment therefor,
meals are regularly served at tables to the general publ~.c, and which em-
ploys an adequate staff to provide the usual and suitable service to its
guests. Such establiahment shall have facilities for seating not less
than one hundred fifty (150) guests at one time. At least'forty percent
(40%) of the annual receipts of the establishment must result from the
sale of food.
H. The Twin City Metropolitan Area is defined as being comprised of Anoka,
Carver, Dakota, Hennepin, Ramsey, Scott and Washington Counties.
The term "interest" as used in this section includes any pecuniary in-
terest in the ownership, operation, management or profits of a retail
liquor establishment, but does not include bona fide loans; bo:~a fide
fixed sum rental agreements; bona fide epen accounts or other nb!iga-
tions held with or ~ithout security arising'out of the ordinary and regu-
lar course of business of selling or leasing merchandise, fixtures or sup-
plies to such establishment; or an interest of ten percent (10%) or less
in any corporation holding a license. A person wha receives moneys from
time to time directly or indirectly from a licensee, in the absence of a
bona fide consideration therefor and excluding bona fide gifts or dona-
tions, shall be deemed to have a pecuniary interest in such retail license.
In determining "bona fide" the reasonable value of the goods or things re-
ceived as consideration for any payment by the licensee and all other
facts reasonably tending to prove or disprove the existence of any purpose-
ful scheme or arrangement to evade the prohibitions of this section shal!~
be co~idered.
Section 2. License Required.
No person except ~holesaters or manufacturers to the extent authorized
under state license 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 Ordinance.
Section 3. Applications for License to be Verified.
Every application for a license shall be verified and filed with the
City Clerk.
Section 4. Contents of Application.
In addition to the information ~hich may be required by the State Liquor Con-
trol Commissioner's form, the application shall contain the following:
A. Whether the applicant is a natural person, corporation, partnership,
or other form of organization.
B. Type of license applicant seeks.
0. If the applicant is a natural person, the following information:
(i)
(2)
True name, place and date of birth, and street resident address
of applicant.
g~ether applicant has ever used or been knovm by a name other than
his true name and, if so, what was such name or names and informa-
tion concerning dates and places where used.
(3)
The name of the business if it is to be conducted under a designa-
tion, name or style other than the full individual name of the
applicant, in such case a copy of the certification as required 'by
Chapter 333, Minnesota Statutes, certified by the Clerk of the Dis-
trict Court, shall be attached to the application.
(4)
~.~ether applicant is mmrried or single. If married, true name,
place of birth, and street residence address of applicant's
present spouse.
(6)
g~ether applicant and present spouse are registered voters, and,
if so, where.
Street addresses at which applicant and present spouse have lived
during the preceding ten years.
(7)
Kind, name and location of every business or occupation applicant
or present spouse have been engaged in during the preceding ten
years.
(8) Names and addresses of applicant's and spouse's employers and part-
ners, if any, for the preceding ten years.
(9)
~ether applicant or his spouse or'a parent, brother, sister, or
child of either of them has ever been convicted of any felony, crime,
or violation of any ordinance other than traffic. If so~ the appli-
cant shall furnish information as to the tima~ place and offense
for which convictions were had.
(lO)
~ether applicant or his spouse, or a parent, brother, sister, or
child of either of them has ever been engaged as an employee or in
operating a saloon, hotel, restaurant, cafe, tavern~ or other busi-
ness of a similar nature. If so, applicann shall furnish information
as to the time~ place, and length of time.
(11) g~ether applicant has ever been in military service. If so, app!i-
cant shall, upon request, exhibit all discharges.
(12)
The name, address, and business address of each person who is engaged
in Minnesota in the business of selling, manufacturing, or distribu-
ting intoxicating liquor and who is nearer of kin to the applicant
or his spouse than second cousin whether of the whole or half blood
ge
computed by the rules of civil law or who is a brother-in-law or sister-
in-law of the applicant or his spouse.
If the applicant is a partnership, the names and addresses of all partners
and all information concerning each partner as is required of a single
applicant in Subsection C above. A managing partner or partners shall be
designated. The interest of each partner in the business shall be dis-
closed. A true copy of the partnership agreement shall be submitted with
the application; and if the partnership is required to file a certificate
as to a trade name under the provisions of Chapter 333, Minnesota Statutes,
a copy of such certificate certified by the Clerk of District Court shall
be attached to the application.
If the applicant is a corporation or other organization and is applying
for an on sale license, the following:
(1) Name and if incorporated, the state of incerporation.
(2)
A true copy of Certificate of Incorporation, Articles of Incorpora-
tion or Association Agreement, and By-Laws and if a foreign corpora-
tion a Certificate of Authority as described in Chapter 303~ Minne-
sota Statutes.
(3)
The name of the manager or proprietor or other agent in charge of
the premises to be licensed, the assistant manager(s), the food mans.-
get(s), and the beverage manager(s), giving all the information about
said person(s) as is required of a single applicant in Subsection C
above,
Notwithstanding the definition of interest as given in Section 1,
Subdivision i. above, the application shall contain a list of all
persons who singly or together with their spouse or a parent, brother,
sister, or child or either of them o%~ or control an interest in. said co~
poration or association in excess of five percqnt or who are officers of
said corporation together with their addresses and all information as is
required of a single applicant in Subsection C above.
~he exact legal description of the premises to be licensed together with
a plot plan of the area showing dimensions, location of buildings, street
access, parking facilities, and the locations of distances to the nearest
church building and school grounds.
~ 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 dimen-
sions, and shall indicate the number of persons intended to be served in
each of said rooms.
If a pez~it from the federal government is required by the laws of the
United States, whether or not such permit has been issued and if so re-
quired in what name issued and the nature of the permit.
The amount of the investment that the applicant has in the business, build-
ing, premises, fiztures, furniture~ stock in trade, etc., and proof of the
source of such money.
The names and addresses of all persons other than the applicant who have
any financial interest in the business, building, premises, fixtures, fur-
niture, stock in trade; the nature of such interest, amount thereof, terms
for pa>~ent, or other reimbursement. This shall include but not be limited
to any lessees, lessors, mortgagees, mortgagors, lendors, lien holders,
trustees, trustors, and persons who have cosigned notes or othe~-ise loaned,
pledged, or extended security for any indebtedness of the applicant.
The names, residences, and business addresses of three persons of good
moral character not related to the applicant or financially interested
in the premises or business who may be referred to as to the applicant's
character or, in the case of a manager, the manager's character. These
refe~als shall be residents of the Twin City Metropolitan Area unless
either the applicant or the Columbia Heights Police Department can demon-
strate to the Council that it would be preferable to have refera!s from par
sons residing outside of Anoka County.
~ather or not all rea! estate and personal property taxes 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.
~enever the application for an on sale license to sell intoxicating
liquor or for a transfer thereof is for premises either planned or under
construction or undergoing substantial alteration, the application shall
be accompanied by a set of preliminary plans showing the design of the
proposed premises to be licensed. If the plans or design are on file with
the Building and Inspection Division, no plans need be filed with the
License Division.
N. Such other information as the City Council shall require.
Section 5. Renewal Applications.
Applications for the renewal of an existing license shall be made at least 60
days prior to the date of the expiration of the license. If, in the judgment
of the City Council, good and sufficient cause is shov.~n by an applicant for
his failure to file for a renewal within the time provided, the City Council
may, if the other provisions of this ordinance are complied with, grant the appli-
cation.
At the earliest practicable time after application is made for a renewal of an
on sale license, and in any event prior to the time that the application is
considered by the City Council, the applicant shall file with the City 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. A foreign cor-
poration shall file a current Certificate of Authority.
Section 6. Execution of Application.
If the application is by a natural person, it shall be signed and sworn to by
such person; if by a corporation, by an officer thereof; if by a partnership~
by one of the partners; if by an unincorporated assodiation, by the manager or
managing officer thereof° If the applicant is a partnership, the apptic~tion~
license and bond (or insurance policy) shall be made and issued in the name of
all partners.
Section 7. License Fees.
Ao
The initial license fee shall be paid in full before the application for a
license is accepted. Rene~al license fees shall be paid in full by Decem-
ber 20 preceding each license year. Ail fees shall be paid into the general
fund of the City. Ail licenses shall expire on the last day of December of
each year. Upon rejection of any application for a license, or upon with-
drawal of application before approval of the issuance by the City Council.,
the license fee shall be refunded to the applicant.
B. The fee for an on sale license granted after the commencement of the license
year shall be prorated on a daily basis.
I~en the license is for premises where the building is not ready for occu-
pancy, the time fixed for computation of the license fee for the initial
license period shall be 90 days after approval of the license by the City
Council or upon the date the building is ready for occopancy, whichever is
sooner.
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 ex-
cept as provided by Section 4 of this ordinance.
No part of the fee paid for any license issued under this ordinance shall
be refunded as a result of the suspension or revocation of a license under
this ordinance. The City Council may in its judgment refund a pro rata
portion of the fca paid for the unexpired portion of a license fee, ~hen
operation of the licensed business ceases not !ess than one month before
the expiration of the license because of:
(1) destruction or damage of the licensed premises by fire or
other catastrophe.
(2) the licensee's illness.
(3) the licensee's death.
(4) a change in the legal status of the municipality making it unlaw-
ful for a licensed business to continue.
~here a new application is filed as a result of incorporation by an exist-.
ing licensee and the o%~ership control and interest in the license are un-
changed, no additional license fee will be required.
G. The annual licensee fee shall be set by Resolution of the Council. In the
absence of a Resolution, the annual license fee shall be ~,000.00,
Section 8. Investigation of Applications.
Ail applications shall be referred to the Chief ef Police for investigation
and to such other City Departments as the City Manager shall direct for veri-
fication and investigation of the facts set forth in the application and
such other pertinent infozmnation as the Council, Manager, or Chief of Police
shall deem necessary. No license may be issued unless at the time of applica-
tion the applicant shall have uaid an investigation fee as the Council shall
set by Resetution. In the absence of any Resolution the fee shall be $500.00.
The Council may waive a portion of the fee upon a finding that the application
for a license is caused by a mere corporate reorganization with none of the
ov~ers of five-or-more percent interest holders changing. Prove. dad, hog, ever,
that such investigation fee shall be required because of a change in the
ship or control of a licensed corporation or because a person not previously
listed in the original application shall seek to acquire or shall have acquired
an interest of five percent or more of the o~mership of the corporation. No in-
vestigation fee shall be charged simply because of the incorporation of an exist-
ing licensee without change of ov~ership, control and interest in the premises
or license.
At any time that an additional investigation is required because of an altera-
tion, enlargement, or extension of premises previously licensed or a transfer
from place to place, .the licensee shall pay an additional investigation fee of
$ioo.oo. '~
Should the City Council find that an investigation is required outside the
State of Minnesota, the Council may require an investigation fee of up to
$10,000.00 or such lesser sum as the Council may sef by Resolution~ Upon com-
pletion of the investigation, the amount of such fee for an outside the state
investigation not actually expended, including staff costs~ shall be refunded
to the applicant.
Section 9. Person Ineli. gible for License.
No license shall be granted to or held by any person:
A. Under nineteen (19) years of age.
B. ~o is not of good moral character and repute.
C. %~o, if an individual, is an alien.
g~o within fifteen (15) years prior to the application for such
license has been convicted of any wii!ful violation of any law of
the United States, the State of Minnesota, or any other State or
Territory, or of violation of any local ordinance with regard to
the manufacture, sale, distribution~ or possession for sale or dis-
tribution of intoxicating liquor.
~]o within fifteen (15) years prior to the application has had a license
under the Intoxicating Liquor Act revoked for any willful violation of the
laws or ordinances referred to in this Section.
~o is a manufacturer or wholesaler of intoxicating liquor and no manu-
facturer or wholesaler shall either directly or indirectly o~m or con-
trol or have any financial interest in any retail business sei].i~ in-
toxicating liquor.
Kq~o is directly or indirectly interested in any other estabtishn:~.~ in
the City of Columbia Heights to v.~hich an on sale license has bee~ is--
sued under this ordinance.
Section i0.
A.
Who is the spouse of a person otherx~ise ineligible for a license under
this ordinance, or who is not the~real party' at interest or beneficial
o%~er of the business operated, or to be operated, udder the license.
~o, if the applicant is a partnership, has any partner who would be
othe~zise ineligible for a license under this ordinance.
K~e, if a corporation, has an owner of a five-or-more-percent interest
who would be otherwise ineligible for a license under this ordinance.
%~o is or has a proprietor or manager who is otherwise ineligible for
a license under this ordinance.
A licensee who, at the time of application for renewal of a license~
is not a resident of the Twin City Metropolitan Azea.
K~o~ in the case of a partnership, at the time of application for renewal,
does not have a managing partner who is a resident of the Twin City Metro-
politan Area.
%~o, in the case of a corporation, does not have a manager who is a resi-
dent of the Twin City ~fetropolitan Area at the time of renewal.
No person shall o~ an. interest in more than one establish~ent or
business within Columbia Heights for which an on sale license has
been granted.
Places Ineligible for License.
No license shall be granted, or renewed, for operation on any premises,
on ~hich taxes, assessments or other financial claims of the City or of
the State are due, delinquent or unpaid. In the event an action has
~een commenced pursuant to the provisions of Chapter 278, Minnesota Sta-
tutes, questioning the amount or validity of taxes, the Council may~ on
application by the licensee~ waive strict compliance %~ith this provision;
no waiver may be granted, however, for taxes or any portion thereof, ~hi~h
remain unpaid for a period exceeding one year after becoming due.
No license shall be issued for the premises owned by a person to whom a
ticense may not ~e granted under this ordinance, except any o~er who
is a minor, alien, or a person who has been convicted of a crime other
than a violation of Minnesota Statutes, Sections 340.07 through 3~0.39.
Provided, ho~ever, that no such person may have a financial interest in
the operation of the business at such location.
No on sale license shall be granted for a'restaurant that does not have
a dining area, open to the general public, with a total minimum floor
area of 3000 square feet or for a hotel that does not have a dining area
open to the general public with a total minimum floor area of 2000 square
feet.
No license shall be granted for any ~!ace ~hich has a common entrance or
exit between any two establishments except that'a public concourse or
public lobby shall not be construed as a common entrance or exit.
~. ~o license shall be granted to any hotel or restaurant for premises located
within 300 feet of any church or within 300 feet of any public or private
elementary and secondary school regularly attended on a full time basis by'
students under the age of 19 years. The distance shall be measured in a
straight line from the~earest point of the building in which the licensed
business is to be located to the nearest point of the church or public
school building.
F. No license shall be issued for ~remises other than a ho~el or restaurant.
Section 11. Conditions of License.
Every license shall be granted subject to the conditions of the fo!lo~-
ing subdivisions and all other subdivisions of this ordinance and of any
other applicable ordinance of the City or State law.
B. The license shall be posted in a conspicuous place in the licensed establish-
ment at all times.
~y police officer, building inspector, or any employee so designated
by the City Manager shall have the unqualified right to enter, inspect,
and search the premises of the licensee during 5usiness hours without
a warrant.
Every licensee shall be responsible for the conduct of his place of busi-
ness and the conditions of sobriety and order in the place of business
and on the premises.
No on sale licensee shall sell intoxicating liquor off sale.
F. 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
intoxicated person, to any habitual drunkard~ to any person under 19
years of age, or to any person to ~hom sale is prohibited by state lang.
No person under 19 years of age shall be employed in any rooms constituting
the place in which intoxicating liquors are sold at retail on sale, e~-
cept that persons under 19 years of age may be employed to perform the
duties of a busboy or dishwashing services in places defined as a restau-
rant or hotel or motel serving food in rooms in ~hich intoxicating liquors
are sold at retail on sale.
No equipment or fixture in any licensed place shall be o~ed in whole or
in part by any manufacturer or distiller of intoxicating liquor e×cept
such as shall be expressly permitted by state law.
No licensee shall sell, offer for sale, or keep for sale, intoxicating
liquors from any original package which has been refilled or partly re-
filled. 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 ~hile 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 ~hom it ~as purchased,
shall be prima facie evidence that the contents or the original pac!~age have
been diluted, changed or tampered with.
No licensee shall apply for or possess a Federal Wholesale Liquor Dealer's
special tax stamp or a Federal gambling stamp.
No licensee shall keep ethyl alcohol or neutral spirits on his licensed
premises or permit their use on the premises as a beverage or mixed with
a beverage.
The business records of the licensee, including Federal and State tax
returns, shall be available for inspection by the City Manager, or other
duly authorized representative of the City at all reasonable times.
Changes in the corporate or association officers, corporate charter,
articles of incorporation~ by-laws or partnership agreement, as the
case may be, shall be submitted to the City Clerk within 30 days after
such changes are made. In the case of a corporation~ the licensee shall
notify the City'Clerk when a person not listed in the application scquires
an interest which, together ~ith that o~ his spouse, parent, brother:, sis-
ter or child, exceeds five percent (5%), and shall give all information
about said person as is required of a person pursuant to the prcvisions of
Section 4 of this ordinance.
At the time a licensee submits his application for renewal of a license,
he shall state the nature and amount of any contribution he has made in
the preceding five years for state and local campaign or political purposes,
the person to whom the contribution was made and the person or organization
for whom intended.
A licensed restaurant shall l~e ~onduct=d in such a n~a~n~ thai foruy per-
cent (40%) of the business for a licensee year is the serving of foods. A
hotel shall be conducted in such a manner that, cf that part of the total
business attributable to or derived from the serving of foods and intoxics-
ting liquors, forty percent (40%) of the business for a license year is the
serving of foods.
No licensee shall knowingly permit the licensed premises or any room in
those premises or any adjoining building directly or indirectly under his
control to be used as a resort for prostitutes.
No licensee shall keep, possess, or operate or permit the l~eeping~ posses-
sion, or operation of any slot machine, dice, or any gambling device or
apparatus on the licensed premises; and he shall not permit any gambling
therein.
At the time of application for renewal of application of an on sale license~
the applicant shall submit proof to the City that not less than forty per-
cent (40%) of the gross sales of the establisb_~ent for which the on sale
license is to be used is in the serving of food.
Section 12. Hours of Operation.
No sale of intoxicating liquor shall be made after one a.m. on Sunday, nor
until eight a.m. on }[onday, nor between the hours of one a~m. and eight p.m.
on the day of any statewide election. No sale shall be made between the
hours of one a.m~ and eight a.m. on any weekday.
Section 13. Public Character of Liquor Sales.
MO male of intoxicating liquor shall be made to or in guest roomm of hoge%s
unless the rules of such hotel provide for the service of meals in guest
rooms or unless the sale of such intoxicating liquor is made in the manner
on sales are required to be made or unless such sale accbmpanies and is inciden.-
tal to the regular service of meals to guests therein or unless the rules of
such hotel and the description~ location, and number of such guest rooms are
fully set out in the application for a license.
Section 14. Restrictions on Pu{chase and Consumption.
AJ
No licensee, his agent, or employee shall serve or dispense upon the
licensed premises any intoxicating liquor or nonintoxicating malt liquors
to any person under the age of 19 years; nor shall such licensee, his
agent, or employee permit any person under the age of 19 years to be
furnished or consume any such liquors on the license~ premises; nor shall
such licensee, his agent~ or employee permit any pergon under'the age of
19 years to be delivered any s6ch liquors.
No person under 19 years of age shall misrepresent his age for the purpose
of obtaining intoxicating liquor or nonintoxicating malt liquor nor shall
he enter any premises licensed for the retail sale of intoxicating liquor
or nonintoxicating malt liquor for the purpose of purchasing or having
served or delivered to him for consuming any such intoxicating liquor or
beer nor shall any such person purchase, attempt to purchase, consume, or
have another person purchase for him any intoxicating liquor or beer.
C. No person under 19 years of age shall receive delivery of intoxicating
liquor.
D. No parson shall induce a person under tea age of 19 years to purchase or
procure or obtain intoxicating liquor or nonintoxicating malt liquor.
Proof of age for purposes of consuming, purchasing, or possessing an alco-
holic beverage the consumption, sale, or possession of ~hich is regulated
by age may only be established by a valid driver license or a current non-
qualification certificate issued pursuant to ~!innasota Statutes, Section
171.07.
Any person ~.~ho may appear to the licensee, his employees, or agents to be
under the age of 19 years shall upon demand of the licensee~ his employee~
or agent produce and permit to be examined his driver license or current
nonqua!ification certificate which shall be imprinted by the licensee on
forms described in Subdivision H hereof. Such imprintation shall be prima
facie evidence that the licensee, his agent or emp!oyee~ is not guilty of
a violation of the above provisions and shall be conclusive evidence that
a violation, if one has occurred, was not willful or intentional.
The above imprintation shall be .made by means of a mechanical device cap-
able of leaving a true and identical copy of the raised printing on the
driver license or nonqua!ification certificate and shall not be merely a
handwritten transcription of the license or certificate.
The form upon which the imprintation is to be made shall be furnished at
cost to the licensees and may be used as evidence in any prosecution and
by the City Council in any proceeding before the Council or a cormmittee
thereof relating to the business or operations of the licensee. Such
forms shall be kept on file by the licensee fo~ a period of one year ~fter
imprintation.
The form shall consist of the following:
STATEmeNT OF AGE
Driver License No.
Nonqualifying Cer-
tificate No.
READ CAP, FULLY BEFORE SIGNING:
M.S.A. §540.731: "It shall be unlawful for:
Any person to misrepresent or misstate his or her age or the age of any other
person for the purpose of inducing any licensee or any employee of any licen-
see or any employee of any municipal liquor store to sell, serve, or deliver
any alcoholic beverage to a minor."
M.S.A. §340.035: "It shall be unla~cfu! for:
Any minor to misrepresent his age for the purpose of 9btaining nonintoxicating
malt liquor."
I, by witness of my signature affixed, do hereby declare that I am 19 years of age
or over and that the driver license or age credentials p~'esented by me before sign-
ing this statement for the purchasing of beer or liquor belong to me and no other
person:
Date: Signature
Name of Person Taking Signature -
No person shall give, seli~ procure, or purchase intoxicating liquor to
or for any person to whom the sale of intoxicating liquor is forbidden
by law.
No person shall mix or prepare i~toxicating liquor for consumption or
consume in any public place not licensed in accordance with the ordi-
nances of the City of Columbia Heights and State of Minnesota.
K. No ~ntc- ~ting liquor shall be sold or consumed on a public high~,~-ay or
in an a,~'~,mobile.
Section 15. Liability Insurance.
In the event a liability in~?ance policy is filed, such liability insurance
policy shall be in the amount of $100,000 coverage for one person and $300~000
coverage for more than one person and shall specifically provide for the pay-
ment by the insurance company on behalf of the insured of all sums which the
insured shall become obliged to pay by reason of liability imposed upon him by
law for injuries or damages to persons~ other than gmptoyees, including the
liab~.lity imposed upon the insured by reason of Minnesota Statute §340.95. Such
liability insurance policy shall further provide that no cancellation fez~ any
cause can be made either by the insured or the insurance company without first
giving ten days' notice to the City in writing of the intention to cancel the
same, addressed to the License Division. Further, it shall provide that no
payment of any claim by the insurance company shall in any manner decrease the
coverage provided for in respect to any other clsim or claims brought against
the insured or company thereafter° Such policy shall be conditioned that the
insurer shall pay to the extent of the principal amount of the policy an~·
damages for death or injury caused by or resulting from the violation of any
law relating to the business for which such license has been granted. The li-
censee and the City shall be named as joint insureds on the liability insurance
policy.
Section 16. Revocation.
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
la~ or Federal law regulating the sate of intoxicating liquor, and shall re-
voke 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 15 in full force and effect.
Except in the case of a suspension pending a hearing on revocation, nonmanda-
tory revocation or suspension by the Council shall be preceded by ~ritten no-
tice to the licensee and a public hearing. The notice shall give at least
ten days' notice of the time and place of the hearing and shall state the na-
ture of the charges against the licensee. The Council may, ~ithout 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 ~ith the person in charge thereof. No sus-
pension after public hearing shall exceed 60 days.
Section 17. Penalties.
Any person violating any provision of this ordinance shall be guilty of a mis-
demeanor, and upon conviction thereof, sh~!l be punished by a fine of not more
than Three Hundred ($300.00) Dollars and imprisonment for not more than 90 days.
First Reading: November 15, 1976
Second Reading: January 3, 1977
Offere~ by: Logacz
Seconded by: ttentges
Roll Call
Ayes: Logacz, tIentges, Heintz, Nav~ocki
Nay: Ncr~berg
Bruce G. Nawrocki, ~fayor