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Ordinance No. 0808 03-26-1984••1 M • :1: � AN ORDINANCE REOODIEYING Z41E ��.F'�' CITY CODE BY AN1E[�IDING C%IAPTER 605� ENTITLED "INTOXICATING LIQUORS - CLUBS"� SECTIONS 605.13, 605.15 AND 605.17, DELETING SECTION 605.07 AND BY ADDING A NEW SECTION 605.07 AND SECTION 605.14 The City Council of the City of Fridley does ordain as follows: 605.07. GRANTING OE LICQdSES 1. Initlal 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 o£ the applicant for a license, pursuant to the provisions of this 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 organized in such a manner as the City Council shall determine 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 �.nvestigation of the information requested in Section 605.04 as shall be � necessary and shall make a written recammendation and report to the License Board, or to the City Council, as the case may be, which shall include a list of all violations of Federal or State law or hiunicig3l ordinance. The License Board, or City Council may order and conduct such adci�.tional investiqation as it shall de�n necessary. � C. Upon receipt of the written report and recommendation by the Public Safety Director and within twenty (20) clays thereafter, the Chairman of the License Board or the City Council, shall instruct the City Clerk to cause to be published in the official newsg�per, ten (10) days in advance, a notice of z hearing to 6e held by the License Board or the City Council, setting forth the c7ay, time and place when the hearing will be helcl, the name of the applicant, the premises where the business is to be conducted, the nature of the business and such other information as the License Board may direct. At the hearing, 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 meeting of the City Council follaaing such hearing. D. After receiving such report, recommendation and public comment for the initial license, the City Council shall conduct within 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 clescribed in the � � �.� GRANTING OF LICED7SES application. No license may be transferred to another �erson or � to another place without complying with the requirements of an original application, including the approval of the City Council and the Liquor Control Cammissioner 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 name, the effective license date, and the date of expiration of the license. The City Clerk �hall also submit to the Liquor Control Commissioner any change of address, transfer, cancellation or revocatton of any license by the Council during the license period. G. Where a license is granted to prenises where the building is under construction or otherwise not ready for occupancy, the City Clerk shall not issue the license until noi:ification by the Building Inspection De�rtment that a Certificate of Occupancy has been issued and the building is ready for occu�ncy. 2. Renewal Licenses A. Applications for the renewal of an existing license shall he made at least 60 days prior to the date of the expiration of the license and shall be made in such abbreviated form as the City Council may approve. If, in the �udcynent of the City Council, good and sufficient cause is shown by an applicant for their failure to file for a renewal within the time prwic3ed, 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. 605.13. 1. No licensee or other person shall constune or display or allow constunption or display of intoxicating liquor between the hours of 1:00 a.m. and 10:00 a,m. on Sunday nor between the hours of 12:00 midnight Sunday and 8:00 a.m. Monday. 605.14. BCxIDS 1. Each application for an"on-sale", "off-sale" liquor license or "on-sale" wine license shall be acoom�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 Government bonds of equivalent marF:et value, as provided in I�linnesota Statutes, Section 340.12. The bonc, shall be in effect for the period covered by the license. 2. The bond's conditions are as follaas: :• u. �:�,�.� � � � a. Zhe licensee will obey the laws relating 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 liquor laws, the bond shall be forfeited to Yhe City, as obligee. 3. Bonds for "on-sale" licenses shall he filed 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 Commissioner of Public Safety. 4. Al.l bonds shall be for the benefit of the City, as obligee, and all persons suffering damages by reason of tYie violation of the conditions of 605.14.2. Upon forfeiture of the bond fox violation of the law, the District Court of Anoka County may forfeit the bond's penal s�un or any �rt thereof to the City. 5. Operation of a licensed business without haviny on file at all times with the City of Fridley effective security as required above sha11 be grounds for imn�ediate revocation o£ the license. 605.15. LIABILITY INSURANCE 1. �ery person licensed to sell at retail intoxicating liquor or norrxntoxicating malt liquor at orrsale or off-sale or on-sale wine shall, after Auqust 1, 1983 , demonstrate proof of financial responsibility with regard to liability imposed by �innesota Statutes, Seetion 34�,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 for the period covered by the license an insurance policy or �ool provicling the follaaing m�nimwn coverages: (1) $50,000 because of bodily injury to any one person in any one occurrence, and, sub7ect 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 amount of $10,000 because of injury to or destruction of property of others in any one occurrence. (2} $50,006 for loss of ineans of suppoxt of any ane person in any one occurrence, and, sub7ect to the limzt for one person, $100,000 for loss of ineans of support of two or more persons in one occurrence; or B. A bond o£ 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 fimcls having a market value of $100,000. 2. A liability insurance policy required by Section 605.15.1 shall provide that it may not be canceled for any cause, either by the LIABILITY INSURANCE �� � � � � insured or the insurance comp�ny without first giving ten (10) days notice to the City of Fridley in wxiting of the �.ntention to cancel it, addressed to the City Clerk of the City of Fridley. 3. A liability insurance policy required by 5ection 605.15.1 shall provide that the insurance company agrees to contact the City of Fric:ley in writing and addressed to the City Clerk of the City of Fridley, within ten {10) days of any claim made aga�nst the policy. 4. A liability insurance policy required by Section 605.15.1 that contains annual aggregate limits of liability shall renuire the insured to buy additional coverage after any claim is made that reduces the coverage under the policy below the requirements of Section 605.15.1. 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 I'riciley the liability insurance policy or other evidence of financial responsibility required under Section 605.15.1 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 impending revocation and unless evidence of com�liance with the financial responsibility requirements of Section 605.15.1 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 to the Com�nissioner of Public Safety. 605.17. REUOCATION The violation of any provision of this Chapter by a licensee or agent, shall be grounds for revocation or suspension of the license. Except as provided in Sections 605.14 and 605.15, before a license is revoked, the licensee shall be provided with written notice setting out the nature of the charqes against the licensee and setting a date for hearing before the City Council, not less than ten (10) r3ays frcan the service of said Notice. _� +� t.. ^.. REUOCATION PASSID AND ADOPi'ID BY THE CITY CO[]DICIL OF 'iI3E CITY OF FRIDLEY THIS 2624i DAY OF t�fARCH, 1984. �J ATPEST: � � � �� ! ��� . �� �i M �.. First Reading: March 12, 1984 Second Reading: March 26, 1984 Publish: April 4, 1984 � � ' ; � LIANI J. P MAYOR �� � ' � � I. SITLE (Official Publication) EXHISIT I OFFICIAL TITLE AND SUt�A7ARY ORDINANCE N0. 808 AN ORDINANCE CODIFYING THE FRIDLEY CITY CODE BY AMENDING CHAPTER 605, ENTITLED '�INTOXICATING LIQUORS CLUBS�" SECTIONS 605.73, 605.15, AND 605.17� DELETING SECTION 605.07 AND BY ADDING A NEW SECTION 605.07 AND SECTION 605.1k II. SUMMARY THE CITY COUNCIL OF THE CITY OF FRIDLEY, MINNESOTA ORDAINS: That the following summary shall clearly inform the public of effect of changes to the Chapter and shall be published newspaper of the City. A. GRANTING OF LICENSES the intent ann in the offieial Application for initial licenses are referred to the Publie Safety Director for investigation. A notice of public hearing shall be published in the official newspaper ten (10) days in advance. Renewal applications must be made 6D days prior to the expiration date. License holders will be notified at least ten (1D) days before the City Council aets on the renewal and will have the ehanee to address the Couneil. A. RESTRICTIONS No intoxicating laquor shall be consumed on the premises between 1:00 a.m. and 1D:00 a.m. Sunday or between 12:00 midnight Sunaay and 8:00 a.m. Monday. C. BONDS Applications for licenses must be accompanied by a$3,OD0 bond. Conditions for the bond are set out in the Ordinance. D. LIADILITY INSURANCE Proof of financial responsibility for the period covered 6y the license shall be submitted to the Caty Clerk as a condition of initial or renewal licensing. E. 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 public of the intent and effect of the City of Fridley Intoxicating Liquors - Clubs Chapter. A eopy of the Ordinanee, in its entirety, is availa6le for inspection by any person during regular office hours at the Offiee of the City Clerk and at the Anoka County Library, Fridley Braneh. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 26th DAY OF MARCH, 198�. ����� ���� WILLIAM J. PIEE - M YO ATTEST; �l C �---�_ � SIDNEY . INMAN City Clerk � First Reading: Mareh 12, 1984 Second Reading: March 26, 1984 Publish: April �+� 1984 1