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HomeMy WebLinkAboutOrdinance 1154ORDINANCE NO. 1154 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, AND PERTAINING TO LIABILITY INSURANCE AND INTOXICATING LIQUORS. The City of Col~bia Heights does ordain: Section 1: Section 5.501(11) of Ordinance No. 853, City Code of 1977, passed June 21, 1977, and amended pursuant to Ordinance No. 1056, dated October 12, 1983, which currently reads as follows, to wit: "Off-sale beer licenses with annual beer sales of less than $9,000.00 are exempt from the insurance provisions of Section 5.501(10). No such exemption, shall be granted unless the licensee: (a) furnishes proof by accountant's affidavit or other documentary evidence satisfactory to the Clerk, and (b) such proof is found satisfactory to the Liquor Control Con~mission in demonstrating that the applicant has annual sales of less than $9,000.00." is herewith amended to read as follows, to wit: 5.501(11) Section 5.502(10) is not applied to licensees who by affidavit establish that: (a) they are on-sale non-intoxicating malt liquor licensees with sales of less than $10,000.00 of non-intoxicating malt liquor for the preceding year, or (b) they are off-sale non-intoxicating m~lt liquor licensees with sales of less than $20,000.00 of non-intoxioatin~,~lt liquor for the preceding year. Section 2: Section 5.503(15) of Ordirsnce No. 853, City Code of 1977, l)mSsed June 21, 1977, as amended by Ordinance No. 1055, passed October 10, 1983, which currently reads ss follows, to wit: "Every applicant and licensee must file proof of financial responsibility with the City Clerk as follows: (a) A certificate that there is in effect an insurance policy or pool providing the following minim~n coverages: $100,000 because of bodily injury to any one person in any one occurrence, and, subject to the limit for one person, in the amount of $300,000 because of bodily injury to two or more persons in anyone occurrence, and in the amount of $10,000 because of injury to or destruction of property of others in any one occurrence. [iiJ $100,000 for loss of means of support of any one person in any one occurrence, and, subject to the limit for one person, $300,000 for loss of means of support of two or more persons in any one occurrence. (b) A bond of surety company with minimum coverages as provided in Section 5.503(15)(a), or, (c) A certificate of the state treasurer that the licensee has deposited with him $300,000 in cash or securities which may legally be purchased by savings banks or trust funds having a market value of $300,000. (d) Any insurance certificates or policies filed with the City shall provide that the insurer may not cancel coverage without first giving 30 days' written notice to the City. The certificate or policy must show the names of the insurance company and agency, policy number and policy expiration date. Receipt by the City of a notice of expiration of required insurance or entering into the final thirty days of the term of any required policy without a renewal or other complying policy being filed with the Clerk shall result in the i~mediate revocation or suspension of the license." is herewith amended to read as follows, to wit: Every applicant and licensee must file and maintain proof of financial responsibility with the City Clerk as follows: (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; (b) A bond of a surety company with minimum coverages as provided in Section 5.503(15)(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. This section does not prohibit an applicant or licensee from posting limits higher than those ~equired under this section or fr~ providing coverage required by the this section in combination with other insurance coverage. The applicant and licensee must provide an annual aggregate policy limit dram shop insurance of not less than $300,000 per policy year. Section 3: (d) Any insurance certificates or policies filed with the City shall provide that the insured or insurer may not cancel the policy, certificate or other coverage unless the canceling party has first given not less than 30 days' written notice to the City of its intent to cancel the policy. Any certificate or policy posted in accordance with this section must show the names of the insurance company and agency, policy n,,~ber, and policy expiration date. Receipt by the City of a notice of expiration of required insurance or certificates or of entry into the final 30 days of the term of any required policy or certificate without a renewal or other complying policy being filed with the Clerk shall result in the imediate revocation or suspension of the license. This ordinance shall be in full force and effect from and after thirty (30) days after its passage. First reading: Second reading: Date of passage: July 27, 1987 August 24, 1987 August 24, 1987 Offered by: Paulson Seconded by: Carlson Roll call: All ayes Jo-Anne Student, Cou~Sil Secretary Bruce-O-. Nawrocki, Mayor -3-