Ordinance No. 0807 03-26-1984�
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o�zrr� No. so�
AN ORDINANCE REOODIFYIN� 7.fiE FRIDLEY CITY CODE BY AP'�IDING
QiAP'PER 603, ENTITLED "INTOXICATING LIQUOR"� SECTIONS
603.07, 603.10, 603.13, 603.16, 603.18, AND 603.22, BY
AIDDING SE(.TION 603.15, ADID BY DII,ETING SEGTION 603.04
The City Council of the City of Fridley does ordain as folla�s:
603.07. GRADPPING OF LI(ENSFS
1. Initial Licenses
A. In order to assist the City Council
facts set out in the application and in or
eligibility of the applicant for a lice'
provisions of this Chapter and of the :
Council may appoint a License Board. In
License Board is established, it shall be
manner as the City Council shall determme
n investigating the
ler to determine the
�se, pursuant to the
tate Law, the City
the event that such
organized in such a
by resolution.
B. All applications for a license shall be referred to the
Public Safety Director and to such other City Dep�rtrnents 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 603.03 as shall be
necessaxy and shall make a written recommendation and report to
the License Board, or to the City Council, as the case n�ay be,
which shall include a list of all violations of Federal or State
law or Nlunicipal ordinance. The License Board, or City Council
may order and conduct such additional investigation as it shall
de�n necessary.
C. Upon receipt of the written report and reccnunendation by the
Public Safety Director and withui twenty (20) days thereafter�
the Chairman of the License Board or the City Council, shall
instruct the City Clerk to cause to be published in the oificial
news�per, ten (10) days in advance, a notice of a hearing to be
held by the License Board or the City Counctl, sett�.ng forth the
day, time and place when the hearing will be held, the name of
the applicant, the premises where the business is to be
conducted, the nature of the business and sucki other information
as the License Board may direct. At the hearing, o�portunity
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 meeting of the City
Council following such hearing.
D. After receiving such report, recommendation, and public
c�¢nent for the initial license, the City Council shall conduct
withi.n a reasonable time such additional hearing as it may deem
advisable and thereafter shall grant or refuse the applicatian
in its discretion.
� F.. Fach license shall be issued to the applicant only. Each
license shall be issued only for the prenises c�escribed in the
application. No license may be transferred to another person or
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GRAN`PING OF
LI(�PISES
to another place without complying with the requirements of an
original application, �ncluding the approval of the City Council
' and the Liquor Control Commissioner as requixed., except as
provided by Sections 603.05.5 and 603.05.9. (F.ef. 579)
F, The City Clerk shall, within ten (10) daps af-ter the
issuance oE any license under this Chapter, submit to the Liquor
Control Conunissioner the full name and address of each �erson
granted a license, the trade name, the effective license date,
and the date of e�iration of the license. The City Clerk shall
also submit to the Liquor Control Commissioner any chanqe of
address, transfer, cancEllation or revocation of any license by
the Council during the license period.
G. Where a license is granted to pr�nises where the building is
under construction or otherwise not ready for occupancy, the
City Clerk shall not issue the license until notification by the
Building Inspection Dep�rtment that a Certificate of Occupancy
has been issued and the building is ready for occupancy. (Rei,
579}
2. Renewal Licenses
A. Applications for the renewal of an exist�ng license shall be
made at least 60 days prior to the date of the expiratzon of the
license and shall be made �n such abbreviated form as the City
Council may approve. If, v� the �udc�nent of the City Council,
good and sufficient cause is shown by an applicant for their
� failure to file for a renewal within the time ptovided, 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 �n the applica tion. The City Council shall
gxant or refuse the application in its discretion.
B. At the earliest practicable time after application is made
for a renewal of an"on-sale" license and in any event priar to
the time that the application is approved by the City Council,
the applicant shall file with the City Clerk a statenent made by
a certified public accountant that shaas the total gross sales
and the total food sales of the restaurant for the tc,�elve (12)
month period im�diately preceding the date for filing renewal
applications. A foreign corporation shall file a current
Certificate of Authority.
C. Each license holder shall be given written notice, by mail,
at least ten (1�) days but not more than th�rty (3�) days before
the City Council acts upon their license renewal. Tnis notice
shall be in a form as designated by the Czty Clerk and shall
specify the date and time when the renewal a�plication 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.
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603.10. OOAIDITIONS OE' LICQdSE
Ebery license shall be granted sub�ect to the conditipn of all
Sections of this Chapter and of any other applica6le �rovision of
this Code or State law, including the following:
17. At the time licensees submit their applicatic�ns for renewal of a
license, they shall list all direct or indirect contributions made
to oz on behalf of a candidate for Fridley City Councilperson or
tlayor, including� but not limited to, Candidates, Committees,
Volunteer Cammittees, etc., for all City elections within the last
365 c7ays.
603.13. RFSTRICPIONS INVOLVING MINORS
6. Persons who may appear to the licensees, their employees or
agents to be imder nineteen (19) years of age and who do not have ia
their possession any identification certificate as above described,
may sign and execute a stat�nent in writing as follows:
READ CAREF[ILLY B�FORE SIGNING
It shall be ualawful for persons to misrepresent or mis-state their
age, or the age of any other person for the purpose of inducing any
licensee, their employee or agent, or any licensee, or any employee
of any municipal liquor store, to sell, serve or deliver any
alcoholic 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
�.ntoxicating liquor with intent to consiune the same at a place other
than the household of their �rent or guaxdian.
Any person who shall violate any of the foregoing provisions of law
shall be punished accordingly.
VIOLATION OF 7fiE ABWE MINNESOTA LAW IS A NIISDEN�AidOR PUNISHASLE BY
A FINE OF $700.00 OR A 90 DAYS WORKHQJSE SEDFPENCE, OR BO'1'H.
My age is _.
bly address is ,
Datecl :
Witness
Si�ed
Date of Birth . Place of Birth _
'l�pe of Identification, if any __
The above form sha7.1 be furnished at the expen�e 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 proceeding before the Council or a cammittee thereof relating
to the business or o�rations of the licensee. Such iorms after
execution shall be kept on file by the licensee for a period of one
(1) year.
603.15, B(kIDS
1. Each application for an"on-sale", "off-sale" liquor license or
� "on-sale" wine license shall be accomg�nied by a surety bond in the
amount of $3,000.00 running to the City of Fridley, or in lieu
thereof, cash or United State Govermnent bonds of ec7uivalent market
value, as provided in Minnesota Statutes, Section 340.12. 'The bonc�
. �. �a
COL�IDITIOI35
OF LI(�iSE
RESTRIGTIONS
INVOLVING
MIIQORS
:�.�u.t
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shall k�e in effect for the period covered by the license,
2. The bond's conditions are as follaas:
a. The licensee will obey the laws relatiny to the licensed
business.
b. The licensee will pay to the City, when due, all taxes,
licenses, penalties, and other charges.
c. In the event of any violation of any lic�uor laws, the bond
shall be forfeiteal to the City, as obligee,
3. Bonds for "on-sale" licenses shall be f�led with the City Clerk
and approved by the City Council. Bonds for "off-sale" licenses and
"on-sale" wine licenses shall be filed with the City Clerk and
approved by the City Council and the Cammissioner of Public Safety.
4. All bonds shall be for the benefit of the City, as obligee, and
all persons suffering damages by reason of the viol�tion of the
conditions of 603.15.2. Upon forfeiture of the bond for vaolation
of the law, the District Court of Anoka County may torfeit the
bond's penal s�nn or any part thereof to the City.
5. Operation of a licensed business without having on file at all
times with the City of Fridley effective secutity as requixed above
shall be grounds for i�r¢nediate revocat�.on of the license.
603.16. LIABILITY INSURANCE
�1. Ebery person licensed to sell at retail intoxicatir,g l�quor or
non-intoxicating malt liquor at on-sale or off-sale or on-sale wine
sha11, 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. 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 m�.nimlun coverages:
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(1) $50,000 because of bodily injury to any one persan in
any one occurrence, and, subject to the limit for one
person, in the amount of $100,D00 because of bodily in�ury
to two or more persons in any one occurrence, and in the
amount of $10,000 because of in7ury to or destruction of
property of others in any one occurrence.
(2) $50,D00 for loss of ineans of support of any one person
in any one occurrence, and, sub�ect to the limit for one
person, $100,000 for loss of ineans of support of two or more
persons in one occurrence; 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 $100,000 in cash or
securities which may legally be purchased by savings banks or
for trust fimds having a market value of $100,000.
LIABILITY
INSURANCE
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2. A liability insurance policy requixecl by Section 603.16.1 shall
�provide that it may not be canceled for any cause, either by the
insured or the insurance comp�ny without first giving ten (10) days
notice to the City of Fridley in writing of the intention to cancel
it, addresse�i to the City Clerk of the City of F`ridley.
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3. A liability insurance policy required by Section 603.16.1 shall
provide that the insurance company aqrees to contact the City of
Fridley in writing and addressed to the City Clerk of the City o£
Fridley, within ten (10) days of any claim made aga�.nst the policy.
4. A liability insurance policy required by Section 603.16.1 that
contains annual aggregate limits of liability shall require the
insuxed to buy additional covezage after any claim is made that
reduces the coverage under the policy below the requirements o£
Section 603.16.1.
5. The operation of a retail intoxicating or non-intoxicating malt
liquor business at on-sale or off-sale or on-sale wine, without
having on file at all times with the City of Fridley the liability
i.nsurance pollcy or other evidence of financial responsibility
recluired under Section 603.16.1 shall be grounds for immediate
revocation of the license. Notice of cancellation of a current
liquor liability policy serves as notice to the licensee of the
unpending revocation and unless evidence of compliance with the
financial responsibility requirements of Section 603.16.1 is
presented to the City Clerk before the termination 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 Commissioner of Public Safety.
603.18. N�TI(E
Except in the case of suspension pending a hearing or immediate
revocation for failure to have on file at all times with the City
the liability insurance policy or other evidence of f inancial
responsibility required under Sections 603.15 and 603.16, a
revocation or suspension by the Council sha11 be preceded by written
notice to the licensee and a public hearing. The notice shall give
at least ten (10) days notice of the time and place of the hearing
and shall state the nature of the chacqes against the licensee. The
Council may, without any notice, suspend any license pending a
hearing on revocation for a periocI not exceeding 30 days, �e notice
may be served upon the licensee personally or by leaving the same at
the licensed premises with the person in charge thereof. Pio
suspension shall exceed 60 days.
603.22. WINE LIC.E�7SE
.E
4. The provisions of Sections 603,01 to 603.21 above shall apply to
"Orr-Sale Wine Licenses" insofar as practicable, as they relate to:
Definitions; Applications; Granting of Licenses; Persons and
' Places Ineligible; Conditions of License; Hours of 017eration;
Restrictions Involving P4inors; Other Restrictions on Purchase or
Cons�nnption; Sonds; Liability Insurance; Notice and Hearing on
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P7II�E
LTCQdSE
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Suspension or Revocatton of License; Alteration of Premises; and
�Penalties. (Ref. 611)
PASSID AI�ID ADOFCID BY 1IiE CITY WUNCIL OF THE CITY OF FRIDLEY THIS
267Si DAY OF MARCH, 1984.
ATPEST:
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First Reading:
Second Reading:
Publish:
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P7arch 12, 1984
Nlarch 26, 1984
April 4, 1984
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IP,NI J. NEE�� YQR
I. TTTLE
(Official Publication)
EXHIBIT I
aFFICIAL TITLE AND SUMMARY
ORDINANCE N0. 807
AN ORDINANCE RECODIFYING THE FRIDLEY CITY CODE BY AMENDING
CHAPTER 603, ENTITLED "INTOXICATING LI4UOR", "SECTIONS
603,07, 603.10, 603.73, 603.16, 603.18, AND 603•22, BY
ADDING SECTION 603•75� AND BY DELETING SECTION 603.D4
II. SUMMARY
THE CITY COUNCIL OF THE CITY OF FRIDLEY, MINNESOTA ORDAINS:
That the following summary shall clearly inform the public of
effeet of changes to the Chapter and shall be published
newspaper of the City.
A. GRANTING OF LICENSES
the intent and
in the official
Application for initial licenses are referred to the Public Safety Director
for investigation. A notice of public hearing shall be published in the
offleial newspaper ten (10) days in advance. Renewal applications must be
uiade 60 days prior to the expiration date. License holders will be notified
at least ten (10) days before the City Council aets on the renewal and will
have the ehance to address the Council.
B, CONDITIONS OF LICENSE
Licensees submitting renewal applications shall 11st all contributions made
to or on behalf of candidates for Councilperson or M,ayor within the last 365
days.
C. RESTRICTIONS INVOLVING MINORS
The penalty for minors misrepresenting or misstating their age is a
misdemeanor with a fine of $700 or a 90 day workhouse sentence or both.
D. BONDS
Applications for licenses must be aecompanied by a$3>oD0 bond. Conditions
for the bond are set out in the Ordinanee.
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E. LIABILITY INSURANCE
Proof of financial responsibility for the period covered by the license
sha11 be submitted to the City Clerk as a condition of initial or renewal
lieensing.
F, REVOCATION
A hearing on a revocation or suspension shall be held not less than ten (10)
days from when notice is provided to the licensee,
III. NOTICE
This Title and Summary has been published to clearly inform the pu6lic of the
intent and effect of the City of Fridley Intoxicating Liquor Chapter. A copy
of the Ordiaance in its entirety, is available for inspeetian by any person
during regular office hours at the Office of the City Clerk and at the Anoka
County Library, Fridley Branch.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 26th DAY OF
MARCH, 1984.
ATSEST:
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SIDNEY INMAN �
City Clerk
First Reading: March 12, 1984
Second Reading: Mareh 26, 1984
Publish: April �1, 1984
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WILLIANI J. NEE - Y N