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HomeMy WebLinkAbout0319 ORDINANCE NU. 319 CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA AN ORDINANCE AMENDING TITLE 3, CHAPTER ONE OF THE LAXEVILLE CITY CODE CONCERNING INTOXICATING LIQUORS, NONINTOXICATING MALT LIQUOR, AND WINE The Lakeville City Council ordains as follows: Section 1. Section 3-1-9.5 of the Lakeville City Code is amended to read as follows: Liability Insurance: All applicants for any type of intoxicating liquor, nonintoxicating malt liquor, or wine license to be issued or renewed after January 2, 1987 must, as a condition to the issuance of the license, demonstrate proof of financial responsi- bility with regard to liability imposed by Minn. Stat. Section 340A.801 to the City. This Section does not apply to nonintox- icating malt liquor licensees who, by affidavit, establish that they had sales of less than ten thousand dollars ($10,000) of nonintoxicating malt liquor for the preceding year, or off-sale nonintoxicating malt liquor licensees with sales of less than twenty thousand dollars ($20,000) of nonintoxicating malt liquor for the preceding year, or to holders of on-sale wine licenses with sales of less than ten thousand dollars ($10,000) of wine for the preceding year. Proof of financial responsibility may be given by filing one of the following: A. A certificate that there is in effect for the period of the license an insurance policy or pool providing the following minimum coverage: 1) Three hundred thousand dollars ($300,000) because of bodily injury to one or more persons in any one occurrence and in the amount of three hundred thousand dollars ($300,000) because of injury to or destruction of property of others in any one occur- rence. 2) Three hundred thousand dollars ($300,000) for loss of means of support of one or more persons in any one occurrence; or B. A certificate that the City of Lakeville has in effect for its own liquor operation and an insurance policy or pool providing the following minimum coverage: 1) Five hundred thousand dollars ($500,000) because of bodily injury to one or more persons in any one occurrence and in the amount of five hundred thousand dollars ($500,000) because of injury to or destruction of property of others in any one occur- rence. 2) Five hundred thousand dollars ($500,000) for loss of means of support of one or more persons in any one occurrence; or C. A bond of a surety company with the minimum coverage as provided in Subsection (A) of this Section; or D. A certificate of the State Treasurer that the licensee has deposited with him three hundred thousand dollars ($300,000) in cash or securities which may legally be purchased by savings banks or for trust funds having a market value of three hundred thousand dollars ($300,000). Notwithstanding any other provisions of this Chapter regarding suspension of licenses, if the insurance or other evidence of financial responsibility lapses during the term of any on-sale licenses issued under this Chapter, then such lapse shall act as an automatic suspension of the license. Notice of cancellation of liquor liability insurance or other evidence of financial respon- sibility shall serve as notice to the licensee of the impending suspension. If evidence of compliance with the financial responsi- bility requirement is not presented to the City Clerk or other licensing authority before termination is effective, the license shall 6e deemed suspended immediately upon lapse. Section 2. This ordinance shall be effective immediately following its passage and publication. Adopted by the Lakeville City Council this 1st day of June, 1987. CITY OF LAKEVILLE BY: Duane R. Zaun, or ATTE Patrick E. Mc6arvey, City Clerk 2 .PUBLIC NOTICE ORDINANCE NO. 319 CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA AN ORDINANCE AMENDING TITLE 3, CHAPTER ONE OF THE LAKEVILLE CITY CODE CONCERNING INTOXICATING LIQUORS, NONINTOXICATING MALT LIQUOR, AND WINE The Lakeville City Council ordains as follows: Section 1. Section 3-1-9.5 of the Lakeville City code is amended to read as follows: Liability Insurance: All applicants for any type of intoxicating liquor, nonintox- icating malt liquor, or wine license to be issued or renewed after January 2, 1987 must, as a condition to the issuance of the license, demonstrate proof of financial re- sponsibility with regard to liability impos- ed by Minn. Stat. Section 340A.801 to the City. This Section does not apply to non - intoxicating malt liquor licensees who, by affidavit, establish that they had sales of less than ten thousand dollars ($10,000) of nonintoxicating malt liquor for the preced- ing year, or off -sale nonintoxicating malt liquor licensees with sales of less than twenty thousand dollars ($20,000) of non - intoxicating malt liquor for the preceding year, or to holders of on -sale wine licenses with sales of less than ten thousand dollars ($10,000) of wine for the preceding year. Proof of financial responsibility may be given by filing one of the following: A. A certificate that there is in effect for the period of the license an insurance policy or pool providing the following mini- mum coverage: 1) Three hundred thousand dollars 1$300,000) because of bodily injury to one or more persons in any one occurrence and in the amount of three hundred thousand dollars ($300,000) because of injury to or destruction of property of others in any one occurrence. 2) Three hundred thousand dollars ($300,000) for loss of means of support of one or more persons in any one occur- rence: or B. A certificate that the City of Lakeville has in effect for its own liquor operation and an insurance policy or pool providing the following minimum coverage: 1) Five hundred thousand dollars ($500,000) because of bodily injury to one or more persons in any one occurrence and in the amount of five hundred thousand dollars ($500,000) because of injury to or destruction of property of others in any one occurrence. 2) Five hundred thousand dollars ($500,000) for loss of means of support of one or more persons in any one occur- rence; or C. A bond of a surety company with the minimum coverage as provided in Subsec- tion ( A) of t his Section; or D. A certificate of the State Treasurer that the licensee has deposited with him three hundred thousand dollars ($300,000) in cash or securities which may legally he purchased by savings banks or for trust funds having a market value of three hun- dred thousand dollars ( $300,000 ). Notwithstanding any other provisions of this Chapter regarding suspension of licenses, if the insurance or other evidence of financial responsibility lapses during the term of any on -sale licenses issued under this Chapter, then such lapse shall act as an automatic suspension of the license. Notice of cancellation of liquor liability insurance or other evidence of financial responsibility shall serve as notice to the licensee of the impending suspension. If evidence of compliance with the financial responsibility requirement is not presented to the City Clerk or other licensing authority before termination is effective, the license shall he deemed sus- pended immediately upon lapse. Section 2. This ordinance shall be effective immediately following its passage and publicat ion. Adopted by the Lakeville City Council this Is( day of ,June, 1987. CITY OF LAKEVILLE BY: DUANE R. ZAUN Mayor ATTEST: PATRICK E. McGARVEY, City Clerk 819 AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA County of Dakota SS NANCY J. GUSTAFSON, being duly sworn, on oath says that she is an authorized agent and employee of the publisher of the newspaper known as Dakota County Tribune, and has full knowledge of the facts which are stated below: (A) The newspaper has complied with all of the requirements constituting qualification as a legal newspaper, as provided by Minnesota Statute 331 A.02, 331 A.07 and other applicable laws, as amended. (B) The printed L. e o ( which is attached was cut from the columns of said newspaper, and was printed and published once each°week, for sueeesseve weeks; it was first published on Thursday, the / i -KA day of 19 , and was thereafter printed and published on every Thursday to and including Thursday, the day of , 19 and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice: a bcdefghijklmnopgrstuvwxyz Subscribed and sworn to before me. on this ! "f 1.k. Notary Public day ,19 ."Si4, CAROL J. HAVERLAND r!)fteNOTARY PUBLIC — MINNESOTA /ltle DAKOTA COUNTY My Commission Expires Dec. 3. 1989