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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: .�. i :r i�. 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. � 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 ��� :• nc 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. � �_J 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 ,� �_ �, * GRANTING OF LIC�[+ISFS r:w `''A 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 � 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. � � ,m HGURS OF OPERFITIOId '�91� : M�� � � � PASSID P.I�ID ADOPTID BY 7I3E CITY OQJNCIL OF 'i4iE CITY OF FRIDLEY THIu 26TH DAY OF r'lARCT3, 1984. AZTEST: � SIDNEY C. 1AN - CITY QERK First Reading: Second Reading: Publish: March 12, 1984 March 26, 1984 April 4, 1984 ��� ���� WILLIAI� J. PTEE - MAYOR � r. �, C'� � � ' 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$3,D00 bond. Conditions for the bond are set out in the Ordinance. C. LIABILITY INSURANCE Proof of finaneial responsibility for the period covered by the license shall be submitted to the City Clerk as a condition of initial or renewal licensing. D. REVOCATION A hearing on a revocation or suspension shall be held not less than ten (10) days from when notice is provided to the licensee. III. NOTICE This Title and Summary has been published to clearly inform the public of the 1 intent and effect of the City of Fridley Intoxicating Liquors - Congressionally Chartered Veteran's Organizations Chapter. A copy of the Ordinanee, in its entirety, is available for inspection 6y any person during - regular office hours at the Office of the City Clerk and at the Anoka County Library, Fridley Branch. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 26th DAY OF MARCH, 1984. ATTEST; �� � ��,� SIDNEY . INMAN � City Clerk First Reading: Mareh 12� 198$ Second Reading: March 26, 1984 Publish: April 4, 7984 � � �/ V � � ,yu Y `�� � WILLIAM J. NEE -�OR