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Ordinance No. 0806 03-26-1984� � � ORDINANCE N0. 806 AN ORDINANCE RDCODIFYIN� �iE ERIDLEY CITY CODE BY ANIEL�IDING QiAPPER 602, II�TITL,ID "BEER LICENSING"� SECTION 602.13, DEI.ETIIVG SECTION 602.05 ADID BY ADDING A 1�W SEGTION 602.05 The City Council of the City of Fridley does ordain as follaas: 602.05. GRANPIIVG OF LI(a7SFS 1. Initial Licenses A. In order to assist the City Council in investigating the facts set out in the application and in order to determine the eligibility of the applicant for a license, pursuant to the provisions of thas Chapter and of the State Law, the City Council may appoint a License Board. In the event that such License Board is established, it shall be arganized in such a manner as the City Council shall determine by resolution. B. Al1 applications foz a license shall be referred to the Public Safety Director and to such other City Dep�rtments as the City Manager shall deem necessary for verification and investigation of the facts set forth in the application. The Public Safety Director shall cause to be made such investigation of the information requested in Section 602.03 as shall be necessary and shall make a written recommendation and report to the License Board, or to the City Council� as the case ruay Ue, which shall include a list of all violations of Federal or 5tate law or A4unicipal ordinance. The License Board, or City Council may order and conduct such additional investic�ation as it shall deen necessary. C. Upon receipt of the written report and recommendation by the Public Saf-ety Director and within twenty (20) days thereafter, the Chaixmaii of the License Board or the City Council, shall instxuct the City Clerk to cause to be published 1n the official news�per, ten (10) days in advance, a notice of a hearing to be held by the License Board or the City Council, setting forth the day, tune and place when the hear�ng will be held, the name of the applicant, the premises whexe the business is ta be conducted, the nature of the business and such other inL-orniation as the License Board may direct. At the hearinq, opportunity shall be given to any person to be heard for or against the granting of the license. A license, other than a renewal, shall not be approved before the next regular rleeting of the City Council following such hearing. D. After receivinq such report, recommend�tion ana public coimnent Por the initial license, the City Council shall conduct with�n a reasonable time such additional hearing as it may deem advisable and thereafter shall grant or refuse the application in its discretion. E. Each license shall be issued to the applicant only. Each license shall be issued only for the prenises described in the application. No license may be transferred to another person or to another place without complying with the recuirements of an "=i GRANTING OF LI(�T7SES � � � original application, inclucltng the apprwal of the City Council and the Liquor Control Commissioner as required. F. The City Clerk shall, within ten (10) days after the issuance of any license under this Chapter, submit to the Liquor Control Commissioner the full name and address of each person granted a license, the trade nane, the effective license date, and the date of expiration of the license. The City C1erY, shall also submit to the Liquor Control Commissioner any change of address, transfer, cancellation or revocation of any license by the Council during the license period. G. Where a license is granted to prenises where the builc3ing is �mder construction or otherwise not ready for occupancy, the City Clerk shall not issue the license until notification by the Building Inspection Depari�nent that a Certificate of Occupancy has been issued and the building is ready for occupancy. ReneWal Licenses A. Applications for the renewal of an existing license sha11 be made at least 6D days prior to the date of the expiration of the license and shall be made in such abbreviatec3 form as the City Council may approve. If, in the 7udcpnent of the Citg Council, good and sufficient cause is shown 6y an applicant L-or their failure to file for a renewal within the time provided, the City Council may, if the other provisions of this Chapter are complied with, grant the application. A review shall be made of all facts set out in the application. The City Council shall grant or refuse the application in its discretion. B. Each license holder shall be given written notice, by mail, at least ten (10) days but not more than thirty (30) days before the City Council acts upon their license renewal. This notice shall be in a form as designated by the City Clerk and shall specify the date and time when the renewal application will be considered by the City Council. The license holder shall be permitted an opportunity to address the City Council on its license renewal application. 602.13. LIABILITY INSURANCE 1. Every person licensed to sell at retail intoxicating liquor or norrintoxicating malt liquor at orr-sale or off-sale or on-sale wine shall, after August 1, 1983 , demonstrate proof of financial responsibility with regard to liability imposed by Minnesota Statutes, Section 340.95 to the City Clerk as a condition of the issuance or renewal of his or her license. Proaf of financial responsibility may be given by filing: A. A certificate that there is in effect for the periocl covered by the license an insurance policy or pool providing the follaaing minim�un coverages: (1) $50,000 because of bodily in�ury to any one person in � any one occurrence� and, subject to the limit For one person, in the amount of $100,000 because of bodily in�ury to two or more persons in any one occurrence, and in the LIABILITY INSURIINC� �J �� � amount of $10,000 because of in�ury to or destructior. oi groperty of others in any one occurrence. � (2) $50,OD0 for loss of ineans of support of any one person in any one occurrence, and, subaect to the limit for one person, $100,000 for loss of ineans oi support of two or more persons in one occurrence; or B. A bond of a surety company with minimun coverages as prarided in clause (A) above, or C. A certificate of the State Treasurer that the licensee has deposited with the State Treasurer $100,000 in cash or securities which may legally be purchased by savings banks or for trust funds having a market value of $100,000. 2. A liability insurance policy requirec3 by Section 602.13.1 shall provide that it may not be canceled for any cause, either by the insured or the insurance comg�ny without first givinq ten (10) 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, 3, A liability insurance policy required by Section 602.13.1 shall provide that the in5urance company agrees to ccntact the City of Fric7ley in writing and addressed to the City Clerk of the City of Fridley, within ten (10) days of any claim made against the policy. 4. A liability insurance policy required by Section 602.13.1 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 requirements of Section 602.13.1. 5. The operation of a retail intoxicating or norrintoxicatinq rnalt liquor business at on-sale or off-sale or on-sale wine, withaut having on file at all times with the City of Fridley the liability insurance policy or other evicience of financial responsibility required under Section 602.13.1 shall be gxouncls fox immediate revocation 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 requirements of Section 602.13.1 is presented to the City Clerk before the termulation is effective, the license will be revoked instantly upon the lapse. ' 6. The City Clerk shall submit the provided proof of financial responsibility to the Cotmnissioner of Public Safety. � � � � PASSED P.ND ADOPTID BY �IE CITY aDIINCIL OF 7.iiE CITY OF FRIDLEY THIS 26TH DAY OF P7ARCH, 1984. ARTFS"1': �,"'�.C�� SIDN�Y . IND7AN - CITY Q,ERK First Reading: March 12, 1984 Second Reading: b7arch 26, 1984 Publish: April 4, 1984 W v' ' � - �' a w - � / /o � � i V�� ��,1.t% l.�t�K,�_-- WILLIP.[�9 J, NEE YOR � :����