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Ordinance No. 0770 03-14-1983=t �,` ORDINAN(:E N0. 770 AN ORDINANCE ANIENDING AND RECODIFYING CHAPTER 603 ENTITLED "INTOXICATING LIQUOR" BY AMENDING SECTIONS 603.09� 603.11, 603.14, 603.16, 603.18 AND 603.22. The City Council of the City of Fridley does ordain as follaas: 603.09. PERSONS II�LIGIBLE No license shall kae granted or held by any person: 1. Under nineteen (19) years of age. 603.11. OONDITIONS OF LI(�ISE 5. No intoxicat�.ng liquor shall be sold or furnished or delivered to any intoxicated person, to any habitual drunkard, to a person under nineteen (19) years of age, or to any person to whom sale is prohibited by5tate law. 6. No person under eighteen (18) years of age shall be employed in a room where sales are made, except that persons under eighteen (18) years of age may be employed as musicians, busboys and dishwashers. (Ref. 579) 603.14. RESTRICTIONS INVOLVING MIIQORS 1. No licensees, their agents or employees shall serve or dispense upon the licensed premises any intoxicating liquor or non-intoxicating malt liquors to any person under nineteen (19) years of age; nor shall such licensees, or their agents or employees, permit any person under mneteen (19) years of age to be furnished or cons�nne any such liquors on the licensed prenises. 2. Persons under nineteen (19) years of age shall not misrepresent their age for the purpose of obtaining intoxicating liquor or non-intoxicating malt liquor; nor shall they enter any premises licensed for the retail sale of intoxicating liquor, or non-intoxicating malt liquor, for the purpose of purchasing or having served or delivered to them for consuming any such intoxicating liquor or beer; nor shall they purchase, attempt to purchase, consume, or have another person purchase for them any intoxicating liquor or beer. 3. No person shall induce a person under nineteen (19) years of age to purchase or procure or obtain intoxicating liquor or non-intoxicating malt liquor. 5. In every prosecution for a violation of the provisions of this Chapter relating to the sale or furnishing of intoxicating liquor or non-intoxicating malt beverage to a person under nineteen (19) years of age, and in every proceeding before the City Council with respect thereto, the fact that the person under nineteen (19) years of age involved has obtained and presented to the licensees, their employees or agents, a verified identification card fram which it r�•v �� r ODNDITIONS OF LICINSE ' RFSTRICTIONS � IINOLV II9G MINORS � Page 2-- Ordinance No. 770 appears that said person was nineteen (19) years of age and was � regularly issued such identification card, shall be prima facie evidence that the licensees, theit agents or employees are not guilty of a violation of such a provision and shall be conclusive evidence that a violation, if one has occuxred, was not willful or intentional. � � 6. Persons who may appear to the licensees, their employees or agents to be under nineteen (19) years of age and who do not have in their possession any identification certificate as above described, may sign and execute a statenent in writing as follaas: RE�1D CAREPi1LLY BEFt7RE SIGNING It shall be unlawful for persons to misrepresent or mis-state their age, or the age of any other person for the purpose of inducing any licensee, their enployee or agent, or any Iicensee, or any employee of any municipal liquor store, to sell, serve or deliver any alcholic or norrintoxicating malt liquor beverage to a person under nineteen (19) years of age, It is also unlawful for persons under nineteen (19) years of age to have in their possession any intoxicatzng liquor with intent to consume the same at a place other than the household of their g�rent ox guardian. Any person who shall violate any of the foregoing provisions of law shall be punished accordingly. VIOLATION OF THE ABOVE AIINNE.'SOTA LAW TS A MISDEI�IEANOR PUNISHABLE BY A FINE OF 5300,00 OR A 90 DAYS WORHI30USE SIIVTENCE, OR BO'iI3. My age is _. Ihte of Birth _ Place of Birth _ My address is __���_��_ Dated: _�pe of Identification, if ariy __�_ Witness ------------__��. �____�__�+�___ Signed �.�------- The above form shall be furnished at the expense of all licensees desiring to use the same and when properly executed may be considered as evidences in any prosecution and by the City Council in any proceedinq before the Council or a committee thexeof relating to the business or operations of the licensee. Such forms after execution shall be kept on file by the licensee for a period of one year, 603.16. LIABILITY INSUl2AD]CE 1. Ebexy person licensed to sell at retail intoxicating liquor or non-intoxicating malt liquor at on-sale or off-sale shall, after March 1, 1983, demonstrate proof of financial responsibility with regard to liability imposed by Section 340.95, to the Commissioner of Public Safety as a condition of the issuance or xenewal of his or her license. Proof of financial responsibility may be given by filing: A, A certificate that there is in effect an insurance policy or pool providing the follaaing minimiun coverages: LIABILITY INS[TRALVC� r, � �11i `` Page 3-- Ordinance No. 770 (1) 550,000 because of boclily in�ury to any one person in any one occurence, and, sub7ect to the limit for one person, in tkie amount of $100,000 because of bodily in7ury � to two or more persons in any one occurence, and in the amount of $10,000 because of in�ury to or destruction of property of others in any one occurence. (2) $50,000 for loss of ineans of support of any one person in any one occurence, and, sub�ect to the limit for one person, 5100,000 for loss of ineans of support of two or more persons in one occurence; or B. A bond of a surety company with minimum coverages as provided in clause (A) above, or C. A certificate of the State Treasurer that the licensee has deposited with the State Treasurer 5100,000 in cash or securities which may legally be purchased by savings banks or for trust funds having a market value of 5100,000, 2. An applicant for a license to sell at retail intoxicating liquor or non-intoxicating malt liquor within the City of Fridley at on-sale or off-sale shall, after March 1, 1983, demonstrate proof of financial responsibility as set forth in Section 603.16(1), to the City of Fridley as a condition for issuance or renewal of his or her license. An applicant for renewal of such a license must demonstrate proof of such financial responsibility to the City of Fric3ley at the hegimm�g of each license year. 3. A liability insurance policy required by Sections 603.16(1) and ' (2) shall provide that it may not be canceled for any cause, either }�y the insured or the insurance company without first giving ten days' notice to the City of Fridley in writing of the intention to cancel it, addressed to the City Clerk of the City of Fridley. 4. A liability insurance policy required by Sections 603.16(1) and (2) shall provi� that the insurance com�ny agrees to contact the City of Fndley in in wnting and addressed to the City Clerk of the City of Fridley, within ten days' of any claim made against the policy. 5. A liability insurance policy required by Sections 603.16(1) and (2) that contains annual aggregate limits of liability shall require the insured to buy additional coverage after any claim is made that reduces the coverage under the policy below the requiranents of Sections 603.16(1) and (2). 6. The operation of a retail intoxicata ng or norrintoxicating malt liquor business at one-sale or off-sale, without having on file at all times with the City of Fridley the liability insurance policy or other evidence of financial responsibility required under Sections 603.16(1) and (2) shall be grounds for immediate revocata.on of the license. Notice of cancellation of a current liquor liability policy serves as notice to the licensee of the impending revocation and unless evidence of compliance with the financial responsibility requirenents of Sections 603.16(1) and (2) � is presented to the City Clerk before the termination is effective, the license will be revoked instantly upon the lapse. Page 4-- Ordinance No. 770 603.18. NO'FICE � Except in the case of suspension pending a hearing or immediate revocation fox failure to have on file at all times with the City the liability insurance policy or other evidence of financial responsiblity required under Section 603.16, a revocation or suspension by the Council shall be preceeded by written notice to the licensee and a public hearing. The notice shall give at least eight days notice of the time and place of the hearing and shall state the nature of the charges against the licensee. The Council may, without any notice, suspend any license pending a hearing on revocation for a period not exceeding 3Q days. The notice may be served upon the licensee personally or by leaving the same at the licensed prenises with the person in charge tl�ereof. No suspension shall exceed 60 days. � � 603.22. WINE LI(�TSE 4. 7.he provisions of Chapter 603,01 to 603.21 above shall apply to "On-Sale Wine Licenses" insofar as practicable, as they relate to: Definitions; Applications; Renewal; Procedure for Granting Licenses; Persons and Places Ineligible; Conditions of License; Hours of Operation; Restrictions Involving Minors; Other Restrictions of Purchase or Consumption; Liability Insurance; Notice and Hearing on Suspension or Revocation of License; Alteration of Premises; and Penalties. (Ref. 611) i • «� WiPiE LI(:�fi7SE PASSED AND ADC)PTED BY THE CITY �ONCIL OF ZSiE CITY �F FRIDLEY THIS 14TH DAY OF MARQi, 1983. ATTFST: � -�--� SIDNEY C. - CITY Q,E�2I{ � Flrst Reading: February 28, 1983 Second Reading: March 14, 1983 Publish: March 23, 1983 �L^;i.�'cw"�.. / `."`�_ WILLIAM J. NE MAYOR Y��`u f�i �'1'