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HomeMy WebLinkAbout0212 ~i '~i, ORDINANCE N0. 212 CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA AN ORDINANCE AMENDING TITLE 3, CHAPTERS 2 AND 3 OF THE LAKEVILLE CITY CODE RELATING TO TEMPORARY BEER LICENSES AND ESTABLISHING BOND AND LIABILITY INSURANCE REQUIREMENTS FOR NONINTOXICATING MALT LIQUOR AND WINE LICENSES The City Council of the City of Lakeville does ordain: Section 1. Title 3, Chapter 2, Section 2B is hereby amended to read as follows: B. Licenses shall be of three (3) kinds: (1) retail "on sale"; (2) temporary "on sale"; (3) retail "off sale": 1. Retail "on sale" licenses shall be granted only to bona fide clubs, beer stores, restaurants and hotels where food is prepared and served for consumption on the premises. Retail "on-sale" licenses shall only permit the sale of beer for consumption on the premises only. 2. Temporary "on sale" may be issued to a club or charitable, religious, or non-profit organization. Temporary on-sale licenses shall only permit the sale of beer for consumption on the premises specified in the application, and said license shall be valid for a period not to exceed three days. 3. "Off-sale" licenses shall permit the sale of beer at retail, in the original package for consumption off the premises only. Section 2. Title 3, Chapter 2, Section 3 of the Lakeville City Code is hereby amended to read as follows: 3-2-3: APPLICATION FOR LICENSE: Every application for a license to sell beer shall be made on a form supplied by the City and shall state the name of the applicant, his age, representa- tions as to his character with such references as may be required, his citizenship, whether the application is for a retail "on sale", temporary "on sale" or "off sale", the business or organization in connection with which the proposed license will operate and its location, whether applicant is the owner and operator of the business, how long he has been in the business at that place, and such other information as the Council may require from time to time. It shall be unlawful to make any false statement in an appli- cation. Applications shall be filed with the City Clerk. Section 3. Title 3, Chapter 2, Section 6 of the Lakeville City Code is hereby amended to read: 3-2-6: TERM OF LICENSE: A license except temporary "on-sale" licenses shall expire on December 31 in each year. Each license other than a temporary "on-sale" license shall be issued for a period of one year, except that if a portion of the license year has elapsed when the application is made, a license may be issued .for the remainder of the year for a pro rata fee. In computirig such fee, any unexpired fraction of a month shall be counted as one month. (Ord. 25, Sec. 4, 5-1-67.) A ' T ~ , Section 4. Title 3, Chapter 2, Section 7 is amended by adding the following provision: H. Liability Insurance: All applicants for a nonintoxicating malt liquor license to be issued or renewed after March 1, 1983 must as a condition to the issuance of the license, demonstrate proof of financial responsibility with regard to liability imposed by Minnesota Statutes, Section 340.95, to the City and the Commissioner of the Minnesota Department of Public Safety. Proof of financial responsibility shall be given in the form and in such minimum amounts as specified in Minnesota Statutes, Section 340.11, Subd. 21. If the insurance or other evidence of financial responsibility lapses during the term of any license issued under this Chapter, then such lapse shall act as an automatic suspension of the license. Notice of cancellation of 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 the termina- tion is effective, the license shall be deemed suspended immediately upon lapse. Section S. Title 3, Chapter 3, Section 4B is amended by adding the following provision: B. Liability Insurance. Except as hereinafter provided, all appli- cants for an on-sale wine license to be issued or renewed after March 1, 1983 must as a condition to the issuance of the licen- se, demonstrate proof of financial responsibility with regard to liability imposed by Minnesota Statute Section 340.95, to the City and the Commissioner of the Minnesota Department of Public Safety. Proof of financial responsibility shall be in the form and in such minimum amounts as specified in Minnesota Statute Section 340.11, Subd. 21. This provision does not apply to holders of on-sale wine licenses with sales of less than $10,000 of wine per year. If the insurance or other evidence of financial responsibility lapses during the term of any license issued under this Chapter, then such lapse shall act as an automatic suspension of the license.- Notice of cancellation of insurance or other evidence of financial responsibility shall serve as notice to the licen- see 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 licensed shall be deemed suspended immedi- ately upon lapse. Section 6. This Ordinance shall take effect upon its passage and publication. Adopted this 15th day of Novemher 1982. CITY OF LAKEUILLE BY: ~ Robert C. Jens Mayor ATTEST: P Patrick E. McGarvey, Cit Clerk 2 63 q A e I s A PUBLIC NOTICE ORDINANCE NO. 212 CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA AN ORDINANCE AMENDING TITLE 3, CHAPTERS 2 AND 3 OF THE LAKEVILLE CITY CODE RELATING TO TEMPORARY BEER LICENSES AND ESTABLISHING BOND AND UABIUTY INSURANCE REQUIREMENTS FOR NONINTOXKATING MALT LIQUOR AND WINE LICENSES The City Council of the City of Lakeville does ordain: S•ctfon 1. Title 3, Chapter 2, Section -2B is hereby amended to read as follows: B Licenses shall be of three (3) kinds: ( 1) retail "on sale"; (2) temporary "on sale"; (3) retail 'off sale": 1. Retail "on sale" licenses shall be granted only to bona fide clubs, beer stores, restaurants and hotels where food is prepared and served for consumption on the premises. Retail "on -sale" licenses shall only permit the sale of beer for con- sumption on the premises only. 2. Temporary "on sale" may be issued to a club or charitable, religious, or non-profit organization. Temporary on -sale licenses shall only permit the sale of beer for con- sumption on the premises specified in the application, and said license shall be valid for a period not to exceed three days. 3. "Off -sale" licenses shall permit the sale of beer at retail, in the original package for consumption off the premises only. Section 2. Title 3, Chapter 2, Section 3 of the Lakeville City Code is hereby amended to ' I YYM T i i noic )iumul n aa,no.&3I i.zraA Wd 00: ales mil sem oqM `"f11nNaew one aq IIIM asuajap alp utpea' •pies DtaaisO `an2ea Aaxaog Ieuot1eN aqa 3o saapuett 3110A MaN aq; fq pa1Jeap uaa set! `ureal Iteq;oo3 aqi ao3 ono -Leas a `puntaa310 •punlaa31O ppo puu ItagdweO uzoy sure;dea uio. $utuloa dtgsaapeat aqT 3o aux ga1M `pies npatsO a IIIM saU!j paeMao3 ,saneag aqy „•2uoa1S !slu aagaea pow p j •uoseas 5ut1 -St;es /WA a sum 113nq„ `t)aata gaeoa plus „`saeaA gj JO 01 ac uoseas utsot a peg a,upeq am„ o�fey�t aai Sagaoj ugtte3 aaojaq ieuu I uot3aas ar !pew 01 Onoua uoa;s pagstu lnq `uoseas ET -tit e /quo peq amp -Lang `Z8-1861 ui •leaf ism um aaaTaq sdegaad `uoseas pooh lnr STTTVIIAT '] TV Q'nA f1 WI nur1 T1T10 AFFIDAVI PUBLICATION STATE OF MINNESOTA ) ss County of Dakota ) JOSEPH R. CLAY and DANIEL H. CLAY, being duly sworn, on oath say they are and during all the times herein stated have been the publishers and printers of the newspaper known as Dakota County Tribune and have full knowledge of the facts herein stated as follows: Said newspaper is printed in the English language in newspaper format and in column and sheet form equivalent in printed space to at least 900 square inches. Said newspaper is a weekly and is distributed at least once each week. Said newspaper has 50 per cent of its news columns devoted to news of local interest to the community which it purports to serve and does not wholly duplicate any other publication and is not made up en- tirely of patents, plate matter and advertisements. Said newspaper is circulated in and near the municipality which it purports to serve, has at least 500 copies regularly delivered to paying subscribers, has an average of at least 75 per cent of its total circulation currently paid or no more than three months in arrears and has entry as second-class matter in its local post -office. Said newspaper purports to serve the Cities in the County of Dakota and it has its known offices of issue in the Cities of Farmington, Rosemount, Burnsville, Apple Valley, and Lakeville established and open during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and maintained by the managing officer of said newspaper or persons in it's employ and subject to their direction and control during all such regular business hours and at which said newspaper is printed. Said newspaper files a copy of each issue immediately with the State Historical Society. Said newspaper has complied with all the foregoing conditions for at least two years preceding the day or dates of publication mentioned below. Said newspaper has filed with the Secretary of State of Minnesota prior to January 1, 1966 and each January 1 thereafter an affidavit in the form prescribed by the Secretary of State and signed by the managing officer of said newspaper and sworn to before a notary public stating that the newspaper is a legal newspaper. They further state on oath that the printed hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and published therein in the English language, once e socrwiale=wrreeks; that it was first so published on Thursday, the day of �O�Jre1 A' 19' 'and was thereafter printed and published on every Thursday to and including Thursday the day of 19 and that the following is a printed copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as be- ing the size and kind of type used in the composition and publication of said notice, to wit; abcdefghijklm nopgrstuvwxyz Subscribed and sworn to before me this day of • CAROL J. HAVERLAND sr r NOTARY PUBLIC - MINNESOTA S ;7 DAKOTA COUNTY �, .•' My Commission E,wp� , 19882 M Au,