89-019 ORD
.
ORDINANCE 89-19
AN ORDINANCE AMENDING THE CODE OF ORDINANCES
FOR THE CITY OF ELK RIVER
SECTION 802.04(2)
SURETY BOND REQUIREMENT ELIMINATED
The City Council of the City of Elk River does ordain as
follows:
.
Section 1. The Code of Ordinances for the City of Elk
River, Section 802.04(2) is amended to read as follows:
802.04 - Application for License.
1. Form. Every application for a license to sell liquor
shall state the name of the applicant, age of the applicant,
representations as to character with references as the Council
may require, citizenship, type of license applied for, the
business in connection with which the proposed license will
operate and its location, whether the applicant is owner and
operator of the business, how long the applicant has been in
that business at that place, and such other information as the
Council may require from time to time. In addition to
containing such information, the application shall be in the
form prescribed by the Commissioner of Public Safety and shall
be verified and filed with the City Administrator. No person
shall make a false statement in an application.
2. Liabilitv Insurance.
liquor license, the applicant
Administrator as follows:
Prior to the issuance of a
shall file with the City
(a) A certificate that there is in effect an insurance
policy or pool providing the following minimum coverages;
(1) $50,000 because of bodily injury to anyone person in
anyone occurrence, and, subject to the limit for one
person, in the amount of $100,000 because of bodily injury
to two or more persons in anyone occurrence, and in the
amount of $10,000 because of injury to or destruction of
property of others in anyone occurrence.
(2) $50,000 for loss of means of support of anyone
person in anyone occurrence, and, subject to the limit
for one person, $100,000 for loss of means of support of
two or more persons in anyone occurrence; or,
.
(b) A bond of a surety company with minimum coverages as
provided in clause (a), or
(c) A certificate of
licensee has deposited
the state treasurer that the
with him $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.
(3) Approval of Securitv. The security offered under
paragraphs 2 and 3 hereof shall be approved by the Council
and in the case of applicants for on-sale wine licenses,
by the State Commissioner of Public Safety. Surety bonds
and liability insurance pOlicies shall be approved as to
form by the City Attorney. Operation of a licensed
business without having on file with the City at all
times, effective security as required in paragraphs 2 and
3 hereof, is a cause for revocation of the license.
Section 2. This ordinance shall take effect and be in
full force from and after the day of publication.
Passed and adopted by the Elk River City Council this 6th day
of November, 1989. '- L~d Z~
James A. Tralle, Mayor
ATTEST:
Mfidavit of Publication
STATE OF MINNESOTA )
)ss.
COUNTY OF SHERBURNE)
, ,OlU)!NA,NCIll
A,NOlU)INA.NCJ
THB C()J)J OF 0...... .... ..'
FORTHBCmOJi'J~. .
QC'l'lON 8O~.04 (I)
Sl.lRBTY,BONQ ..... !y.'
lUilQtJlRElWENTE~TJ!lD
The. City' Council pC the. CityoCElk
aiver cloell ordain all Collowll:
Sectionl.. TheCodeoC OrdlJ1!U).qe1l
Cor the City of Elk River..eection 8.0~M
(2) illamended to read /lIlCollo\\,ll:
802.04 . Applicatiol1for Lice...
l.. Fonn.. Everyll.pplic:~tionCora li.
cenlle to IlellJiquo:rllllalhtatdhena~ ....
oC the. appliC:Ant. age oC the Ilpplic:~t.
reprellentati(lnll . uter c:hllFac:ter with
reCerencellall tb.eC(luncil Olay require.
c:iti2;enllhip. type(lC license applied C(lr.
the ~usi!les!lin connection. 'with.which
tile. pr9:pllsed licen~. wj.],l(lperate end;
its l()(l~~jpn.' whetller . tb.ej.lI.pplie~t. is
(lwner'flJlp(lperator(lCthe business.
h(lw l(l~g ~h.ellcpplicflJlt hall ~ee~ Inth.at
business at th.atplaee. imd llUc:h (lther
iW(lJ1Dati(ln as the Cew-n.cn m~y require
Crom time to time. In Ilclditionto C()n~
taininf{such inf(lrD1ati(ln. the.applica-
tionshllllbein the formprescribecl by
the C(lmmillsi(lner (lfPublic: SaCety and
shall be verified and filed.withthe City
Aclminis~rator. No per8()Dsh.all make a
Cai!lestatement in anappUcatfun. . .
,I). Li.bilUyllUlUl'an"~Rriortothe
iSllUanceoC aUquor licenlle. the appli.
cant shall file with.theCity'Adminis-
traj;or asfollows:
(a) A certificate that there is ill effecl;
An insurance. policy(lJ:': pool providing'
the following minimum C()verages; ...
(ll $50.000 because ofbodUy injury to
any oneper8()n in any (lne oCCQrrence.,
And.s~bjectto the limit Cor one per8()n,
in the amount (lf$loo'O(lObecaulle (If
bodilyiDjul"Ytel tw%u~ore.persoDll in
anyemeoccurrence.~dintheamount
of $10.000 because ofiDjury tel Or de-
structi(ln(lf Property of ptherll in any
(lD.e.occurrence.
(2)$50,000 COrlOSll ofme~s of sup-
porj; of anyone person in Ilny one.oc:cur-
renee, and subject to the limit Cor One
per8()n, $100,000 Cor loss ofm~~s of
support (lC two,~r Illo~,~~~~?~;~~:y:'
(lne.occurrence;or,.'},' :..h, '. .....1..,.,..,..
1l1~~:~~S~~geS" .
clause(a).or" '
(c) A ~ertificate oC the state treallu.rer
that the licensee' has!iepositeel with
h~m$1oo,ooOin cash 9r securities which
may legallYQe>r"\lrc;hall8d~~savinp .
banks or fortrulltfijnclS.hllyinl(.a mar-
ket value of $100,000. ,
3. ApproVal of securitY. The secu-
rityofTe~cl ~nder:P!Wagr'aphs2 llcnd=i
hereoC shall beapPl"Ov~d 'ijy thil<:ouncjl
and h~ the call.8of ~ppUcants for on-sale
wine :UOllnaea, .by JheState CODlJ11ia7.
aioner oC PuPlic~~fety. Surety bonelli'
aIld liabilit:y InllUre.nc:epoljcies shllll be ." i
IlPPrllVe41l1.to forml:l!th.e City ^~tor~. i
neY(,9peratlon oCIl Ucenaed busmesll
'With()\1t h.~vj.ngontile with the City at
II.llti~..efTeetive s~rityallrequired
in pllJ'agraphs 2 andS h.ereoC, ill a cause
Cor revOC:lltion oCthe license. i
Section:l. 'l'hisordinancellhaU take
efTeet. and be. in f\J.ll COl'CQ from an4. after
the 4!l,YOrpu~Ucation;
Pasil~pel. acJpJlted by the Elk .aiver
City ()ou~ci! thill6th !illyofN~veIllb8r.
l~Q. ""'): .i..,.,.
James /I.. '!Talle. Major
J\m!;:l'l';............ ........;......
SanclrllA. The.. c:k*lrIlY,C. i..t.yClerk
. (NllS)'
l"
~~~ '
being duly sworn, on oath says at he/she is the publisher or
authorized agent and employee of the publisher of the newspa-
per known as The Elk River Star News, and has full knowledge
of the facts which are stated below:
(A) The newspaper has complied with all the requirements
constituting qualification as a qualified newspaper. as provided
by Minnesota Statute 331A.02, 331A.07, and other applicable
laws. as amended. , . c. "
(B) The printed (J./LJL.(/JIVJ-/}U~..Q~) '5) J --I (1
which is attached was cut from the columns of said newspaper.
and was printed and published once each week, for (. s~-
cessive weeks; it was fIrst published on Wednesday. the (,Sf---
day of ~IU5""1J.t/vvJ.;.e./\ , 19n, and was thereafter
printed and published on every Wednesday to and including .
Wednesday, 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 oftype used in the composition and publication of the
notice.
a b c de fg hij kl m II. op qr s tu v wxyz
BY:~~
TITLE: V~tIQ/1. )
Subscribed and sworn to before me on this
"Y'urvr )..e+y\.J }J2/\...) , 19 5<1 .
, M"
p " .. .'
C~1 1111.' LtjV}~J./)clCAJ
Notary Public ~~,.#'...,H.,#I-U"I##.IHHtt;
"'~;i".""".,, ;
. 7'-f~
/-
day of
( NOTARY PUBLIC. MINNESOTA "
. RATE ...: .... ..... tIg~s~~~.;,;~~n~;o, 1!J90{
(1) Lowest classified rate ~cLbY-".,..##d.,U#U#.,#u*'u.,##uj
commercial users for comparable
space $ ~OIS{)
(2) Maximum rate allowed by law for
the above matter $ LflS,LfO
(3) Rate actually charged for the
above matter $ 4 <6 I LI 0