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HomeMy WebLinkAboutOrdinance 684ORDINANCE NO. 684 BEING AN ORDINANCE PROVIDING FOR THE ISSUANCE OF ON-SALE INTOXICATING LIQUOR LICENSE TO CERTAIN CLUBS AND PROVIDING T~E REGULATION THEREOF. THE CITY OF COLUMBIA HEIGHTS DOES ORDAIN: Section 1% .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 dharacter as may be suitable and adequate for the reason- able and comfortable accomodation of its members, and whose affairs and management are conducted by a Board of Directors, executive com- mittee, 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 rea~onab!e salary or wages as may be fixed and voted each year by the Directors or other governing body. Section 2. Qualif!~ations. Pursuant to Minnesota Statutes 340.117 the following qualification is necessary: On-sale license may be issued to any bonaflde clubs in existence 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 $100.00. ~ction. 5. .ADDlica~$ODS.. Any Club as defined herein, may make application for such license. The application shall be made with the City Clerk and 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. Name and address of Club. -2. Date of Incorporation of Club. Certified copy of the Articles of Incorporation. Certified copy of the By-Laws of the Club, including therein a definition of the word "member". A list of the membership. A copy of the Charter, if any. List of corporate officers and Board of Directors. Copy of Resolution o~ 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. ~10. Off-street parking available. ~ /~ ~.~ ..... ~f~ ~ill. Zoning of land. ~2. Statement of Ownership of premises occupied by the applicant. ~t3. A statement as to whether or not real estate and personal property 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 L15. The true name of the person in charge. ~6. Place and date of birth of the person in charge. ~7~. Residence street address of the person in charge of the liquor. operation and.whether the person incharge of the liquor operatio:~ is married or single. If married, the true name and place and date of birth and residence street address of the person and charge's spouse. ~8. Whether theperson in charge and his spouse are registered voters of Anoka County, City of Columbia Heights. Section 6..Regal.at,on 1. Hours of operation: Sales made under such license shall be made only 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 of any intoxicating or non-intoxicating malt liquoror ihtoxicating liquor shall be made on Sundays, ·nor between the hours of 1:00 a.m. and 8 p.m. on any election day in the City of Columbia 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-intoxicat- ing malt liquor, providing~that.if the said applicant, coincident with its application for an on-sale liquor license has made cation and paid the.fee for an 0n-sale beer 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. 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 the operation of the club who does not meet the qualifications as set out in Ordinance No.684. Section 7. Execution of Application. The application shall be signedby an officer o~ the corporation, Section 8. Pro-,rating. of ~ee. There shall be no pro-ration of the license fee. Section 9. BoD~s,TInsuraQ~e. A deposit required at the time of f~ling 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 Goverrument Bonds which shall be deposited with the City Clerk. Such bond, cash or Government Bonds shall be in the amount of 83,000.00. In the event a liability insurance policy ds filed, such liability insurance policy~shall be in the amount of $10,000.00 coverage for one person, and $20,000.00 coverage for more than one person, and shall specifically provide for the payment by the insurance company on behald of the insured of all sums which the insure~ 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 fur- ther 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 payment ef any cl claim by the insurance company shall in any manner decrease the cover- age provided for in respect to any other claim or claims brought ~Lgainst 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 in3ury 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 in- sured under the liability insurance policy. a. Terms of Bond Ail bonds shall be conditioned as follows: 1. That the licensee sill. obey the law relating to the licensed business. 2. That the licensee.will pay to the City when due all ta~s, 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 license has been granted, and that such recovering may be had also against the surety on b. Benefit of ..~Bond Such bonds shall be for the benefit of 'the City, as obligee, and of all persons suffer- ing damages under the conditions set forth in Section 9. The amount specified in any bind 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 ~.b~nd. 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 approv- ed by the City Attorney, assigning such government bonds to the City, to be held subject to the conditions, forfeiture and pen- alties provided by the laws of the State of Minnesota and this code. Such assignment shall also contain a stipulation and agreement that such bonds shall remain with the City Treasurer, subject t~othe terms and conditions of such assignment and such State Laws, during the term of the license in connection with which such government bonds are deposited and for 3 years there- after, at which time such government bonds may, with the approval of the City Council, be returned by the City Treasurer to the licensee. d. ~Do~it of. Cash. In the event the applicant deposits cash in lieu of surety bond, the deposit of such ca~h shall be accompanied by a written agree- ment 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 sub3ect to the conditions, forfeitures, and penalties required by the laws of the State of Minnesota and this Code, for the period of 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 policiec required by this section shall be subject to the approval of the.' City Council. f. Procedur~e where cash or GQ_yern~me. nt Bonds are used. If the applicant files cash or United States Government Bonds, as permitted by Section 9, the City Clerk shall immediately trans~ mit such cash or government' bonds together with the assignment or agreement accompanying them, to the City Treasurer, who s~all execute a receipt therefor, which receipt shall be filed witi~ the City Clerk. If government bonds are filed, the license shall be permitted to clip and take all interest bearing coupons thereto attached as they become due. g. Surety o.r InsuranCe C0.mpanies The surety on such bond, or the insurer on such liability in~sur- ance policy, shall be s~rety~company or insurance company, a:s the case may be, duly licensed to do business in.the State of Minnesota and the bond and liability inSUrance policy shall be approved as to form and execution by"the City Attorney. All surety bon~s or liability insurance policies, when approved by the proper ci'~y oz' 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. That the licensee will pay to the City when due all taxes~, license fees, penalties and other charges provided by law.. 3. When in the event of violation of any law r~ating to the business for which the license has been granted for the s~le 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 caysed by, or resulting from, the violation of any law relating the business for which such license has been granted, and that such recovery may be had also against the surety on his k~)nd. i. Benefit of Bond Such bonds shall be for the benefit of the City, as ob!igee, 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 forfeiture of any.t~nd for violation of the law, the District Court of Anoka County may forfeit the penal sum of such bond to the City. Sectio~ ,10. Re~ocation of L~ce~se .for F. ail~e..~o.f Bond,.Dtc. The licensee shall at all times keep in full force and e£fect either the 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 Licensee Section !!- _.. I~vest!gation The Chief of Police shall investigate into the truthfulness of the statements set forth in the application an4 shall endorse his findings thereon. The applicant shall furnish to the Chief of ~Police such evidence as he may reasonably require in support of the statements se~ forth in the application. Upon completing his report, the Chief of Police shall return the application to the City Council. The applicant shall f~le 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 Clty Attorney. Section 12.~.' Renewa~ 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 1~.. No liquor license s~alt be issued for any building, room or place within 600 feet of any public or parochial school, or church, said distance to be measure~ in a straight line from the building in which such school or church is conducted and to the main public entrance ~ the 'premises for which the license is sought. ~e. cti°n ~4~- ~pon the grantiag by the City Council of the application, a license shall be issued and shall ~ontain the name and address 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 ~ader this ordinance and also any beer license may be revo!~ed 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 con- duct of the business of the licensee. Such revocation by the City Council,may be made for cause after ~otice to the licensee and hearing, and opportunity of the licensee to be heard relative thereto. Section 16... Conviction, .$~penS~0~ 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 saud 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 whXch case, and in lieu of such revocation, such licenses may be suspended fp 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 forth- with, which suspension or revocation shall be in addition to'all the penalties provided by law. Section 17~ ...State. Law to App~ly_. No license shall be issued violatiOn of any. of the laws of the State of ~innesota, if any violation of any law of the State of Minnesota relating to the sale or distribution of liquor shall be considered a violations. of this code. sectiqn 18, aevoc~ati0~n_ This ordinance speuifically repeals Ordinance No. 408. Section 19. ,Time of taking This ordinance shall take effect and be in force frolm and after thirty (30) days a~ter its passage. First Reading: October 28, 1968 seCOnd Reading~ November 25, 1968 Offered by Land Seconded by Logacz Roi1 Call: Land, Logacz, Nawrocki -Ayes I~ K~ng & Jeska - Nayes ~ Secretary th-the coUn6ii ~