Loading...
HomeMy WebLinkAboutOrdinance 1190 ORDINANCE NO. 1190 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, AND PERTAINING TO THE REPEAL OF BONDING REQUIREMENTS FOR LIQUOR LICENSEES The City of Columbia Heights does ordain: Section 1: Section 5.502(3) of Ordinance No. 85, City Code of lg77, passed June 21, 1977, which reads as follows, to-wit: 5.502(3) The applicant shall file with the Clerk at the time of making application a bond with corporate surety, cash, or United States Government bonds, in the sum of $3,000.00, which shall be deposited with the Clerk. All cash deposits or bonds shall be subject to the following conditions: (a) That the licensee will obey all laws relating to the licensed business. (b) (c) That the licensee will pay to the City when due all taxes, license fees, penalties and other charges provided by law. 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. (d) (e) (f) 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 surety on his bond. Such bonds shall be for the benefit of the City, as obligee, and of all persons suffering 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. 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 liability 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 City Clerk. is hereby repealed. Section 2: Section 5.502(4) of Ordinance No. 85, City Code of 1977, passed June 21, 1977, which reads as follows, to-wit: 5.502(4) If United States government bonds are deposited with the Clerk in lieu 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 the conditions, forfeiture and penalties 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 Clerk-Treasurer, subject to the terms and conditions of such assignment and such State Laws, during the term of the ltcense tn connection with which such government bonds are deposited and for three (3) years thereafter, at which time such government bonds may, with the approval of the Counctl, be returned by the City Treasurer to the licensee. (a) If 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, assigning such cash deposit to the City, to be held by the Clerk-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 (3) years thereafter, at which time such deposit be returned to the licensee, with the approval of the Council. (b) If the applicant files cash or United States Government bonds, the Clerk shall immediately transmit such cash or government bonds together with the assignment or agreement accompanying them, to the Treasurer, who shall execute a receipt therefor, which receipt shall be filed with the Clerk. If government bonds are filed; the license shall be permitted to cltp and take all interest bearing coupons thereto attached as they become due. is hereby repealed. Section 3: 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: October 9, 1989 OctobeF 23, )989 October 23, 1959 Offered by: Petkoff Seconded by: Peterson Roll call: All ayes Anne Student, Cou~ Secretary -2-