Ordinance No. 0809 03-26-1984••� � � • :��
� AN ORDINANCE REY70DIFYING �IE FRIDLEY CITY O�DE BY AP'�L�IDIA7G
CHAPTER 606� ENTITLED "INTOXICATING LIQUORS -
CONGRESSIONALLY CHARTERED VETERANS' ORGANIZATIONS",
SEGTIONS 606.08 .�ID 606.14 APID BY ADDING SEGTIONS 606.07,
606.09 PSID 606.11
The City Council of the City of Fridley does ordain as follows:
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1. Each application for an"on-sale", "off-sale" liquor license or
"on-sale" wine license shall kae accompanied by a surety bond in the
amount of $3,000.00 running to the City of Pridley, or in lieu
thereof, cash or United State Govermment bonds of equivalent market
value, as provided in Minnesota Statutes, Section 340.12. The bond
shall be in effect for the penocl covered by the license.
2. The bond's conditions are as follavs:
a. The 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 ariy violation of any liquor laws, the bond
shall be forfeited to the City, as obligee.
�3, Aonds for "on-sale" licenses shall be filed with the City Clerk
and apprwed by the City Council. Bonds for "off-sale" licenses and
"on-sale" wine licenses shall be filed with the City Clerk and
apprwed by the City Council and the Commissioner of Public Safety.
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4. All bonds shall be for the benefit of the City, as obligee, and
all persons suffering damages by reason of the violation of the
conditions of 606.07.2. Upon forfeiture of the bon� for violation
of the law, the District Court of Anoka County may forfeit the
bond's penal swn or any �rt thereof to the City.
5. Operation of a licensed business without having on f ile at all
times with the City of Fridley effective security as required alaove
shall be grounds for i�nediate revocation of the license.
606.08. LIABILITY INS[1RANCE
1. Ebery person licensed to sell at retail �.ntor.icating liquor or
norrintoxicating malt liquor at on-sale or off-sale or on-sale wine
shall, after August 1, 1983, demonstrate proof of financial
responsibility with regard to liability imposed by f4innesota
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 }�e given by f�.].ing:
A. A certificate that there is in effect for the period covered
by the license an insurance policy or pool providing the
follaaing minimiun coverages:
(1) $50,000 because of bodily in�ury to any one person in
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LIABILITY
IP1S[1RANC.E
any one occurrence, and, subject to the limit for one
� person, in the amount of $100,00D because of bodily in7ury
to two or ntore 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) $50,000 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
E. 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
depositec3 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 required by Section 606.08.1 shall
prwide that it may not be canceled for any cause, either by the
insured or the insurance com�ny without first giving 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 FricZley.
3. A liability insurance policy required by Section 606.08.1 shall
provide that the insurance company agrees to contact the City of
Fridley 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.
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4. A liability insurance policy required by Section 606.08.1 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 606.08.1.
5. The operation of a retail intoxicating or nomintoxicating 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 liabilzty
insurance policy or other evidence of financial responsibility
required under Section 606.08.1 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
�.mpending revocation and unless evidence of compliance with the
financial responsibility requirenents of Section 606.08.1 is
presented to the City Clerk before the terminatiQn 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.
606.09. GRANPING OF LI(�iSF�
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 this Chapter and of the State Law, the City
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GRANTING OF
LIC�[+ISFS
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Council may appoint a License Board. In the event that such
� License Board is establisheol, it shall be organized in such a
manner as the City Counci.l shall determine by resolution.
B. All applications for a license shall be referred to the
Public Safety Director and to such other City De�rtrnents as the
City Manager shall deem necessary for verification and
investiqation 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 606.05 �s shall be
necessary and shall make a written rec�ndation ano 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 Municipsl ordinance. The License Board, or City Council
may order and conduct such additional investigation as it shall
deen necessary.
C. Upon receipt of the written report and reconua�endation by the
Public Safety Director and within 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 official
newspaper, 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, 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 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 tYie
granting of the license. A license, other than a renewal, shall
not be approved before the next regular meeting of the City
Co�cil follaaing such hearing.
D. After receiving such report, recommendation and public
coimnent for the initial license, the City Council shall conduct
within a reasonable time such additional hearing as it may aeem
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 descri6ed in the
application. No license may be transferred to another person or
to another place without complying with the requirements of an
original application, including the apgroval of the City Council
and the Liquor Control Camnissioner 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 Canmissioner the full name and address of each person
granted a license, the trade name, the effective license date,
and the date of expirat�.on of the license. The City Clerk 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 pranises 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 De�xzrtrnent that a Certificate of Occupancy
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has been issued and the building is ready for occu�ncy.
2. Renewal Licenses
A. Applications for the renewal of an existing license shall be
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, i.n the judgment of the City Council,
good and sufficient cause is shown by an applicant for 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 rnail,
at least ten {10) days but not more than thirty (30) c]ays 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 an its
license renewal application.
506.11. HOURS OF OPERATION
1. No sale of intoxicating liquor shall be made between the hours
of 1:00 a.m. and 10:00 a,m. on Simday, nor between 12:00 midnight
�on Sunday until 8:00 a.m. on Monday. No sale shall be made between
the hours of 1:00 a,m. and 8:00 a.m. on any weekday. No sale shall
be made after 8:00 p,m. on December 24.
2. It shall be unlawful for any persons or customers, other than
the licensees or their employees to remain on the premises after
1:30 a.m. There shall be no cons�nnption 6y any persons, including
the licensees and their employees, after 1:30 a.m.
606.14. REUOCATION
In addition to the provisions for revocation in Chapter 11 of this
Code, any license granted hereunder may be revoked by the City
Council for cause. Cause for revocation shall be violation by the
licensee or its employees of any law of the State of P�finnesota
relating to intoxicating liquor or violation by the licensee or its
�nployees of any provision or condition of this Chapter. Except as
provided in Sections 606.07 and 606.08, before a license is revoked,
the licensee shall k�e provided with written notice setting out the
nature of the charges against the licensee and settiny a time and
place for heari.ng before the City Council not less than ten (10)
days from the service of said notice. No portion of the license fee
paid shall be returned upon revocation.
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HGURS OF
OPERFITIOId
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PASSID P.I�ID ADOPTID BY 7I3E CITY OQJNCIL OF 'i4iE CITY OF FRIDLEY THIu
26TH DAY OF r'lARCT3, 1984.
AZTEST:
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SIDNEY C. 1AN - CITY QERK
First Reading:
Second Reading:
Publish:
March 12, 1984
March 26, 1984
April 4, 1984
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WILLIAI� J. PTEE - MAYOR
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I. TITLE
(Offieial Publication)
EXHIBIT I
�FFICIAL TITLE AND SUMMARY
ORDINANCE N0. 809
AN ORDINANCE RECODIFYING THE FRIDLEY CITY CODE BY AMENDING
CHAPTER 606� ENTITLED "INTOXICATING LIQUORS —
CONGRESSIONALLY CHARTERED VETERANS� ORGANIZATIONS",
SECTIONS 606.08 AND 606.14 AND BY ADDING SECTIONS 606.07�
606.09 AND 606.11
II. SUMMARY
THE CITY COUNCIL OF THE CITY OF FRIDLEY, MINNESOTA ORDAINS:
That the following summary shall clearly inform the publie of
effeet of changes to the Chapter and shall be published
newspaper of the City.
A. GRANTING OF LICENSES
the intent and
in the offieial
Application for initial licenses are referred to the Publie Safety Direetor
for investigation. A notice of publie hearing shall be published in the
official newspaper ten (10) days in advance. Renewal applications must be
made 60 days prior to the expiration date. License holders will be notified
at least ten (10) days before the City Council acts on the renewal and crill
have the chance to address the Council.
B. BONDS
Applications for licenses must be accompanied by a$3,D00 bond. Conditions
for the bond are set out in the Ordinance.
C. LIABILITY INSURANCE
Proof of finaneial responsibility for the period covered by the license
shall be submitted to the City Clerk as a condition of initial or renewal
licensing.
D. REVOCATION
A hearing on a revocation or suspension shall be held not less than ten (10)
days from when notice is provided to the licensee.
III. NOTICE
This Title and Summary has been published to clearly inform the public of the
1 intent and effect of the City of Fridley Intoxicating Liquors -
Congressionally Chartered Veteran's Organizations Chapter. A copy of the
Ordinanee, in its entirety, is available for inspection 6y any person during
- regular office hours at the Office of the City Clerk and at the Anoka County
Library, Fridley Branch.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 26th DAY OF
MARCH, 1984.
ATTEST;
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SIDNEY . INMAN �
City Clerk
First Reading: Mareh 12� 198$
Second Reading: March 26, 1984
Publish: April 4, 7984
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WILLIAM J. NEE -�OR