Loading...
HomeMy WebLinkAboutOrdinance 614O DI ' TCE BEING AN ORDINANCE PROVIDING FOR THE ISSUANCE OF ON- SALE INTOXICATING LIQUOR LICENSE TO CERTAIN CLUBS AND PROVIDING THE REGULATION THEREOF. THE CITY OF COLUMBIA HEIGHTS DOES ORDAIN: Section t. Definition The term "club" means and inCludes any corporation duly organized under the laws of the State for civic, fraternal, social or business purposes or for intellectual improvement or for the promotion of sports, which shall have more than fifty members and which shall, for more than a year have owned, hired or leased a building or space in a building of such extent and character as may be suitable and adequate for the reasonable and comfortable accomodation of its members, and whose affairs and management are conducted by a Board of Directors, executive committee, or other similar body chosen by the members at a meeting held for that purpose, none of whose members, officers, agents, or employees are paid directly or indirectly any compensation by way of profit from the distribution or sale of beverages to the members of the club, or its guests, ~beyond the amount of such reasonable salary of wages as may be fixed and voted each year by the Directors or other governing body. Section 2. Qualification~ Pursuant to Minnesota Statutes 340.117 the following qualification is necessary: On-sale licenses may be issued to any bonafide clubs in exist- ence for twenty years which are duly incorporated and which clubs are con- gressionally chartered Veteran's Organizations, which clubs have been in existence for ten years prior to January 1, 1961. Section 3. The licenses issued shall be for sale of intoxicating liquors to members only. Section 4. The license fee shall be $100.00. Section 5. Applications Any Club as defined herein,"may make application for such license. The application shall be made with the City Clerk ahd shall contain at least the following: The form of the application shall be adopted to conform to that form described by the State of Minnesota Liquor Control Commissioner. 1. Name and address of Club. 2. Date of Incorporation of Club. 3. Certified copy of the Attic!es of Incorporation. 4. Certified copy of the By-Laws of the Club, including therein a definition of the word "member". 5. A list of the membership. 6. A copy of the Charter, if any. 7. List of corporate officers and Board ofiDirectors. 8. Copy of Resolution of,the Club appointing a person to be in full charge of liquor operation. 9. Copy of plat plan showing the size and location of building upon premises and occupied by the applicant. .~Q~10. Off-street parking available. 11. Zoning of land. 12. Statement of Ownership of premises occupied by the applicant. 13. A statement as to whether or not real estate and personal proper~ taxes to the premises to be licensed are fully paid, and if not,paid, the years and amounts of delinquency. 14. If a permit to the Federal Government is required, the application shall state whether such permit has been issued and if so,in what name. 15. The true name of the person in charge. 16. Place and date of birth of the person in charge. 17. Residence street address of the person in charge of the liquor operation and whether the person in charge of the liquor operation is married or single. If married, the true name and place and date of birth and residence street address of the person andcharge's spouse. 18. Whether the person in charge and his spouse are registered voters of Anoka County, City of Columbia Heights, Section 6. Regulation 1. The Hours of operation: Sales made under such license shall be made b~ly during the hours of 4:00 p.m. to 1:00 a.m., Monday through Friday, and 1:00 p.m. to 1:00 a.m. on Saturday. No sale ~f any intoxicating or non-intoxicating malt liquor or intoxicating liquor shall be made on S~d&ys, nor between the hours of 1:00 a.m. and 8 p.m. on any election day in the City of Columbi~ Heights. 2. Sales shall be made only to club members 3. A license to sell liquor may permit the sale of such liquor at only one level of the premises designated in said license. 4. No on-sale license shall be granted to any club which has not at the time of making its application, an unrevoked license issued by the City of Columbia Heights for the On-sale of non-intoxicating malt liquor, providing that if the said applicant, coincident with its application for an on-sale liquor license has made application and paid the fee for an On-sale bee~ license, and the same has been granted by the City Council or is granted coincident with the granting of the application for an on-sale liquor license, said on-sale liquor license may be granted. -3- 5. Any change in the person managing the liquor operation for the club shall be immediately forwarded to the City Clerk of the City of Columbia Heights. 6. No person shall manage or operate or in any wise be in control of t~he operation of the club who does not meet the qdalifications as set out in Ordinance No. 614. Section 7. Execution of Ap~l~catign The application shall be signed by an officer of the corporation. Section 8. Pro-rating of Fee There shall be no pro-ratiOn Of t~e license fee. Section 9. Bonds-Insurance A deposit required at the time of filing any application, for said liquor license, the applicant shall file with the City through the City Clerk, a bond with corporate surety, or liability insurance policy, or in lieu thereof, cash or United States Government Bonds which shall be deposited with the City Clerk. Such bond, cash or Government Bonds shall be in the amount of $3,000.00. In the event a liability insurance policy is filed, such liability insurance policy shall be in the amount of $10,000.00 coverage for oneperson, and $20,000.00 coverage for more than one person, and shall specifically provide for the payment by the insurance company on behalf of the insured of all sums which the insured shall become obligated to pay by reason of liability imposed upon him by law for injuries or damages to persons other than employees, including the liability imposed upon the insured by reason of Section 340.95, Minnesota Statutes. Such liability insurance policy shall further provide that no cancellation for any cause can be given either by the insured or the insurance company without first giving ten days notice to the City in writing of intention to cancel the same addressed to the City Clerk. Further, it shall provide that no pay- ment of any claim by the insurance company shall in any manner decrease the coverage provided for in respect to any other claim 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 any damages for death or injury caused by or resulting from the violation of any law relating to the business of which such license has been granted. The licensee and the City shall be named as joint insured under the liability insurance policy. a. Terms of Bond All bonds shall be conditioned as follows: 1. That the licensee will obey the law relating to the licensed business. ~ 2. That the licensee will pay to the City when due all taxes, license fees, penalties and other charges provided by law. 3. That in the event of violation of any law relating to the business for which the license has been granted for the sale of liquor, the bond shall be forfeited to the City. 4. That the licensee will pay, to the extent of the principal amount of such bond, any damages for death or injury caused by, or resulting from the violation of any law relating to the business for which such lic- ense has been granted, and that such recovery may be had also against the surety on his bond. b. Benefit of Bond Such bonds shall be for~the benefit of the City, as obligee, and of. all persons su{fering damages under the conditions set forth in Section 9. The amount specified in any bond is declared to be a penalty, and the amount recoverable shall be measured by the actual damages. The surety shall not be liable in excess of the penal amount of the bond. In case of forfeiture of any bond for violation of the law, the District Court of Anoka County may forfeit the penal sum of such bond to the City. c. Deposit of us Bonds If United States government bonds are deposited with the City Clerk instead of a bond with a corporate surety, such bonds shall be accompanied by a properly executed assignment, in form approved by the City Attorney, assigning such government bonds to the City, to be held subject to ~he conditions, forfeiture and penalties provided by the laws of the State of ~innesota and this Code. Such assignment shall also contain a stipulation and agreement that such bonds shall remain with the City Treasurer, subject to the terms and conditions of such assignment and such State Laws, during the term of the license in connection with which such government bonds are 6eposited and for 3 years thereafter, at which time such government bonds may, with the approval of the City Council, be returned by the City d. Deposit of Cash In the event the applicant deposits cash in lieu of surety bond, the deposit of such cash shall be accompanied by a written agreement and assignment upon the part of the licensee, in form approved by the City Attorney, wherein the licensee assigns such deposit to the City, to be held by the City Treasurer subject to the conditions, forfeitures, and penalties required by the laws of the State of Minnesota and this Code~ for the period of the license in connection with which such deposit is made, and for three years thereafter, at which time such deposit be returned, with approval of the City Council, by the City Treasurer to the licensee. e. Approval of bond or insurance surety bonds, or insurance policies required by this section shall be subject to the approval of the City Council. f. Procedure where cash or Government Bonds are used. If the applicant files cash or United States government bonds aspermitted by Section 9, the City Clerk shall immediately transmit such cash or government bonds together with the assignment or agreement accompanying ~them, to the City Treasurer, who shall execute a receipt therefor, which receipt shall be filed with the City Clerk. If government bonds are filed, the licensee shall be permitted to clip and take all interest bearing coupons thereto attached as they become due. g. ~re.ty or Insurance Companies The surety on such bond, or the insurer on such liability insurance policy, shall be surety company or insurance company, as the case may be, duly licensed to do business in the State of Minnesota, and the bond and lia- bility insurance policy shall be approved as to form and execution by the City Attorney. All surety bonds or liability insurance policies, when approved by the proper~city or State officers shall be deposited with the Department of Licenses, Weights and Measures. h. Terms of Bond All such bonds shall be conditioned as follows: 1. That the licensee will obey the law relating to the licensed business. 2. Tha% the licensee will pay to the city when due all taxes, license fees, penalties and other charges provided by law. 3. Wh~ in the event of violation of any law relating to the business for which the license has been granted for the sale of liquor, the bond shall be forfeited to the City. 4. That the licensee will pay, to the extent of the principal amount of such bond, any 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, and that such recovery may be had also against the s~trety on his bond. i. Benefit of Bond Such bonds shall be for the benefit of the City, as obligee, and of all persons suffering damages under the conditions as set forth in Section 9. The amount specified in any bond is declared to be a penalty, and the amount recoverable shall be measured by the actual damages. The Surety' shall not be liable in excess of the penal amount of the bond. In case of forfeture of any bond for violation of the law, the District Court of Anoka County may forfeit the penal sum of such bond to the City. Section 10. Revocation of License for Failure of Bond, etc. The licensee shall at all times keep in full force and effect either t'he bond, insurance or deposit as required by Section 9, and any failure at any time so to do shall be grounds for immediate revocation of the License. Section ll. Investigation The Chief of Police shall investigate into the truthfulness of the state- ments set forth in the application and shall endorse his findings thereen. The applicant shall furnish to the Chief of Police such evidence as he may reasonably require in support of the statements set forth in the applica- tion. Upon completing his report, the Chief of Police shall return the application to the City Council. The applicant shall file such bond or other type of security as may be required by law with the City Clerk, such bond or other type of security shall be approved as to form and execution by the City Attorney. Section 12. Renewal If the application shall be for the renewal of an existing license, the City Council in its discretion, may grant or refuse the renewal of any License. Section 13. No liquor license shall be issued for any building, room or place within 600 feet of any public or parochial school, or church, said distance to be measured in a straight line from the building in which such school or church is conducted and to the main public entrance to the premises for which the license is sought. Section 14. Upon the granting by the City Council or.the application, a license shall be issued and shall contain the name and adress of the licensee and a description of the premises for which such license is granted, which license shall be signed by the City Clerk and shall have attached thereto the seal of the City and the same shall be kept posted at all times in a conspicuous place in the premises for which the license is issued. Section 15. Revocation of Licenses Any liquor license issued under this ordinance and also any beer license may be revoked by the City Council for any violation of this Ordinance and the laws of the State of Minnesota relative to the sale of liquor and the conduct of the business of the licensee. Such revocation by the City Council may be made for cause after notice to the licensee and hearing, and opportunity of the licensee to be heard relative thereto. Section 16. Conviction, Suspension and Revocation Upon conviction of the licensee or of any agent, employee of said licensee for violation of any of the provisions of law relating to the sale, possession, manufacture, transportation of liquor upon the premises of the licensee operating under said license, all licenses of the licensee shall be forthwith revoked unless it shall appear that such violation was not wilfull on the part of the licensee, in which case, and in lieu of such revocation, such licenses may be suspended for a period of thirty (30) days for the first violation or offense; for a period of 90 days for the second violation or offenses; and for the third violation or offense, said license shall be revoked forthwith, which suspension or revocation shall be in addition to all the penalties provided by law. Section 17. State Law to Apply. No license shall be issued in violation of any of the laws of the State of Minnesota, if any violation of any law of the State of Minnesota relating to the sale or distribution of liquor shall be considered a violation of this code. Section 18. Revocation This ordinance specifically repeals Ordinance No. 408. Section 19. Time of takin9 Effect This ordinance shall take effect and be in force from and after Thirty (30) days after its passage. First Reading: December 27,1965 Second Re~ding: January 10, 1966 Offered by: Land Seconded by~ King Roll Call: Land & Nawrocki King, Jeska, Orendorf~'- Naye. Secretary of the Council