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HomeMy WebLinkAboutOrdinance 1055ORDINANCE NO. 1055 BEING AN ORDINANCE AHENDINC ORDINANCE NO. 853, CITY CODE OF 1977, PERTAINING TO DRAM SHOP INSURANCE FOR INTOXICATING LIQUOR, ~LUB AND WINE LICENSES The City Counci/ of the City of Columbia Heights does ordain: Section l: Section 5.503(15) of Ordinance No. 853, City Code of 1977, passed June 21, 1977, which reads as follows, to-wit: "In the event a liability insurance policy is fi/ed, 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 payment by the insurance company on behalf of the insured of all sums which the insured shall become obliged to pay by reason of liability im- posed upon him by law for injuries or damages to persons, other than employ- ees, including the liability imposed upon the insured by reason of Minnesota Statute §340.95. Such liability insurance policy shall further provide that no cancellation for any cause can be made either by the insured or the insur- ance company without first giving ten days~ notice to the City in writing of the intention to cancel the same, addressed to the License Division. Fur- ther, it shall provide that ns.payment.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 for which such license has been granted. The licensee and the City shall be named as Joint insureds on the liability insurance policy."..- is herewith amended to read as 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 minimum 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 per- sons in any one occurrence, and in the amount of $10,000 be- cause of injury to or destruction of property of others in any one OCCUrrence. [ii] $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 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 him $300,000 in cash or securities which may legally be pur- chased 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 immediate revocation or suspension of the license." Section 2: Section 5.504 (14) of Ordinance No. 853, City Code of 1977, passed June 21, 1977, which reads as follows, to-wit: An applicant for an on-sale wine license shall file with the City Clerk a bond with corporate surety, or a liability insurance policy or, in lieu thereof, cash or United States government bonds in a sum set by resolution of the Council, which bonds shall be approved by the Council. In the absence of a resolution, said sum shall be $5,000. In the event a liability insurance 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 payment 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 employees, including the liability imposed upon the insured by reason of Minnesota Statute §340.95. Such liability insurance policy shall further provide that no cancellation for 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 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 for which such license has been granted. The licensee and the City shall be named as joint insureds on the liability insurance policy. Is herewith amended to read as follows, to-wit: "Every applicant and licensee shall provide insurance in accordance with Section 5.503 (15)." Section 3.' Section 5.502 (5) of Ordinance No. 853, City Code of 1977, pa~ed June 21, 1977, which reads as follows, to-wit: 5.5o2 (5) The applicant shall also obtain and present proof of a liability insurance policy in the amount of $100,000 for one person and $250,000 coverage for more than one person. Said policy 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 for injuries or damages to persons other than employees, including the liability imposed upon the insured by reason of Minnesota Statute 340.95. (a) Such liability policy shall further provide that no cancellation for nay cause can be given either by the insured or the insurance company without first giving ten (10) days notice to the City in writing of intention to cancel the same addressed to the Clerk. (b) Such liability policy shall further 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 claim or claims brought against the insured or the company thereafter. (c) Such liability policy shall be conditioned that the insurer shall pay to the extent of the principal the amount of the policy 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. (d) The licensee and the City shall be named as joint insured under the liability insurance policy. Is herewith amended to read as follows, to-wit: "Every applicant and licensee shall provide insurance in accordance with Section 5.503 (15)." Section 4: This ordinance shall be in full force and effect from and after thirty (30) days after its passage. First reading: Sept&mSeP'26, 19~3 Second read~ng: October 11, 1983 Date of passage: October 11~ 1983 Offered by: Norberg Seconded by: Hovland Roll call: All ayes ncil -3-