5.2. SR 04-12-2004HEMORANDUM
Item # 5.2.
TO:
Mayor and City Council
FROM:
Joan Schmidt, City Clerk
DATE: April 12, 2004
SUBJECT: Consideration of an Ordinance Amending Section 6.58
(Alcoholic Beverages; Liability Insurance) of the City Code
In preparation for liquor renexvals, I discovered that in Chapter 6 of the Ciw Code,
Alcoholic Beverages, Section 6.58 Liability Insurance, Subsection (a)(1)b, thc xw)rd or is
missing. By the omission of "or" the insured party would have to submit to the City of Elk
River bo/h a certificate of liability insurance and a bond from a sureU, company.
Believing that this xvas a typo by Municipal Code Corporation xvho did the codification of
the codebooks, I checked with former CitT Clerk Sandy Peine if she recalled that this xvord
xvas to be removed. She confirmed my suspicion that this xvord should be included.
ACTION REQUESTED
Motion by Council to adopt thc attached ordinance amending Section 6.58 of thc City Code.
ORDINANCE 04 -
CITY OF ELK RIVER
AN ORDINANCE OF THE CITY OF ELK RIVER AMENDING
SECTION 6-58 OF THE CITY CODE OF ORDINANCES
.................... ~,,~ ......... deletion.
Underhned text is proposed for insertion.
The City Council of the City of Elk River does hereby ordain as follows:
Sec. 6-58. Liability insurance.
(a)
Required. No beer, wine, or intoxicating liquor license shall be issued, maintained, or
renewed unless and until the applicant has provided the proof of financial responsibility
xvith regard to liabiliu, imposed by Minn. Stats. 5 340A.801. The issuing authoriU, must
submit to the commissioner the applicant's proof of financial responsibiliUT. The
requirement for proof of financial rcsponsibiliu, shall be fulfilled by filing the folloxving:
(1) A certificate that there is in cffcct an insurance policy or pool providing minimum
coverages of:
()ne hundred thousand dollars because of bodily injury to any ()ne person in any ()ne
occurrence, and $300,000.00 because of bodily injury to two or more persons in any ()nc
occurrence, and in the amount of $100,000.00 because of injury to or destruction of
properU' of others in any one occurrence; and
()ne hundred thousand dollars for loss of means of support of any ()nc person in an),
one occurrence, and, subject to the limit of ()ne person, $300,000.00 for loss of means of
support of two or more persons in any one occurrence (an annual aggregate policy limit
for dram shop liability of not less than $300,000.00 per policy may be included in thc
policy provision); or
(2) A bond of a surety company xvith minhnum coverages as provided in subsection (a)(1)
of this section; or
(3)
A certificate of the state treasurer that the licensee has deposited with hhn $100,000.00 in
cash or securities which may legally be purchased by savings banks or for trust funds
having a market value of $100,000.00.
Passed and adopted by the City Council of thc Ciw of Elk River this 12~' da), of April, 2004,
and that this ordinance shall take effect upon publication as provided by laxv.
Stcphanie I43inzing, Mayor