HomeMy WebLinkAbout1984.01.03 ORD 1984-199 ORDINANCE NO.
AN AMENDMENT TO CHAPTER 190 OF THE HUGO CITY CODE , ENTITLED
"NON-INTOXICATING MALT LIQUOR" , TO ESTABLISH LIABILITY
INSURANCE REQUIREMENTS , TO PROVIDE EXCEPTIONS FOR LIABILITY
INSURANCE REQUIREMENTS , AND TO AMEND HOURS OF SALE.
The City Council of the City of Hugo , Washington
County, Minnesota , hereby ordains :
1 . In Section 190-1 , entitled , "DEFINITION OF TERMS" ,
add Subd . H as follows :
"Subd . H . Limited Seller . "Limited Seller " shall mean
any person seeking or holding a license to sell beer or
non-intoxicating malt liquor, whose sales of such beer
or non-intoxicating malt liquor shall not exceed five
hundred dollars ( $500 .00 ) during any license year . "
2 . In Section 190-4 , entitled , "APPLICATIONS FOR LICENSE"
add the following :
"Any applicant who wishes to be classified as a Limited
Seller must include in a form acceptable to the City ,
as a part of the application ,
( 1 ) A specific plan to account for gross sales of
beer or non-intoxicating malt liquor ;
( 2 ) An underta'zing to discontinue sale during
any license year when gross sales ha\e reached
four hundred fifty dollars ( $450 . 00 ) during that
license year, which undertaking shall be a condition
of the license ;
(3 ) an undertaking to certify in a form acceptable
to the City, the amount of gross sales within
five (5 ) days after the end of the license year ,
the certification to be by the individual licensee ,
or by two ( 2 ) officers of a licensed corporation
or bona fide club, or by two (2 ) general partners
of a partnership, or by two (2 ) managing persons
of an association of persons , which undertaking
shall be a condition of the license ; and
( 4 ) an undertaking to provide such independent
accounting as the City may require to verify
gross sales , which undertaking shall be a condition
of the license . "
IPPV—T
3 . In Section 190-10 , entitled , "CONDITIONS OF
LICENSE" , add Subd . L as follows :
"Subd . L. Liability Insurance . Every person licensed
to sell at retail non-intoxicating malt liquor at on-sale
or off-sale shall , after March 1 , 1983 , demonstrate proof
of financial responsibility with regard to liability
imposed by section 340 . 95 of Minnesota Statutes , to the
commissioner of public safety as a condition of the is-
suance or renewal of his license , provided this sub-
division does not apply to non-intoxicating malt liquor
licenses with sales of less than $500 . 00 per year .
Proof of financial responsibility may be given by filing :
(a ) A certificate that there is in effect an insurance
policy or pool providing the following minimum coverages :
(1 ) $50 , 000 .00 because of bodily injury to any one
person in any one occurrence , and , subject to the
limit for one person , in the amount of $100 , 000 . 00
because of bodily injury to two or more persons in
any one occurrence , and in the amount of $10 , 000 . 00
because of injury to or destruction of property of
others in any one occurrence .
(2 ) $50 , 000 . 00 for loss of means of support of any
one person in any one occurrence , and , subject to
the limit for one person , $100 , 000 .00 for loss of
means of support of two or more persons in any one
occurrence ; or
(b ) A bond of a surety company with minimum coverages as
provided in clause ( a ) , or
(c ) A certificateof the statetreasurer that the licensee
has deposited with him $100 , 000 . 00 in cash or securities
which may legally be purchased by savings banks or trust
funds having a market value of $100 , 000 .00 .
In the event any policy of insurance provided hereunder
contains aggregate limits of liability , the licensee shall
buy additional coverage after payment of any claim during
the license year to retain the license , and failure to
provide evidence of insurance at least tothe limits here-
inbefore specified within five ( 5 ) days after payment of
any claim shall result in the license being suspended until
such proof of insurance is provided .
Any policy of insurance provided hereunder must include
the provision that the insurer may not cancel the coverage
without at least ten ( 10 ) days prior notice to the City .
In the event of cancellation the license is automatically
suspended until and unless proof of financial responsibility
as herein set forth is provided . "
4 . In Section 190-10 , entitled , " CONDITIONS OF LICENSE" ,
add Subd . M as follows :
"Subd . M. Limited Seller License . No licensee having a
Limited Seller License shall sell any beer or non-intox-
icating malt liquor in violation the plan of accounting
or conditions of the License . "
5 . In Section 190-11 , entitled , "CLOSING HOURS " , in the
first sentence insert a period after "noon " , and delete " , nor
between the hours of 1 :00 A. M. and 8 : 00 P . M. on any election
day in the City . " .
6 . This Ordinance shall be effective from and after its
adoption and publication according to law .
7 . The official copies of the Hugo City Code shall be
amended to reflect the within changes upon passage and
publication .
ADOPTED AND PASSED THIS 3rd DAY OF January ,1984 .
ATTEST: nt"- 66-jri)
Mayor
City 254k
Published in the Forest Lake Times on the /,� k- day
1981. /
AFFIDAVIT OF PUBLICATION
AN AMENDMENT TO CHAPTER 190 STATE OF MINNESOTA
OF THE HUGO CITY CODE,ENTITL-
ED "NON-INTOXICATING MALT LI-
QUOR," TO ESTABLISH LIABILITY COUNTY OF Washington
INSURANCE REQUIREMENTS, TO
PROVIDE EXCEPTIONS FOR
LIABILITY INSURANCE RE-
QUIREMENTS, AND TO AMEND
HOURS OF SALE. Duane A. Rasmussen , being duly sworn, on oath says that he is the
The City Council of the City of Hugo,
Washington County, Minnesota,hereby
ordains: publisher or authorized agent and employee of the publisher of the
1.In Section 190-1, entitled, "DEFINI-
TION OF TERMS." add Subd. H as
follows: newspaper known as the Forest Lake Times, and has full knowledge of
"Subd. H. Limited Seller. "Limited
Seller"shall mean any person seeking
or holding a license to sell beer or non- the facts which are stated below:
intoxicating malt liquor,whose sales of
such beer or non-intoxicating malt liquor
shall not exceed five hundred dollars (A) The newspaper has complied with all of the requirements con-
($500.00)during any license year."
2.In Section 190-4,entitled,"APPLICA-
TIONS FOR LICENSE" add the stituting qualification as a legal newspaper, as provided by Minnesota
following:
"Any applicant who wishes to be
classified as a Limited Seller must in- Statute 331.02, 331.06, and other applicable laws, as amended.
elude in a form acceptable to the City as
a(l)A pothe application,ltoc (B)The printed Public Notice which is attached was cut from the col-
(1)Aspecific plan to account for gross
col-
sales of beer or non-intoxicating malt
liquor; umns of said newspaper, and was printed and published once each
(2)An undertaking to discontinue sale
during any license year when gross sales
have reached four hundred fifty dollars week, for ONE successive weeks; it was first publish-
($450.00)during that license year,which
undertaking shall be a condition of the
license; ed on Thursday, the :., day of
',3;an undertaking to certify in a form
acceptable to the City, the amount of
gross sales withinfive(5)daysafterthe 1981+ , and was thereafter printed and published on every Thurs-
end of the license year,the certification
to be by the individual`4icensee, or by
two(2)officers of a licensed corporation day to and including Thursday, the day of
or bona fide club,or by two(2)general.
partners of a partnership,or by two(2)
managing persons of an association of January , 19 ; and printed below is a copy of
persons, which undertaking shall be a'
condition of the license;and the lower case alphabet, in 6 and 8 point type, from A to Z, both in-
(4)an undertaking to provide such in-
dependent accounting as the City may
require to verify gross sales, which elusive, which is hereby acknowledged as being the size and kind of
undertaking shall be a condition of the
license."
3.In Section 190-10, entitled, "CONDI- type used in the composition and publication of the notice:
TIONS OF LICENSE,"add Subd.L as
follows:
"Subd. L. Liability Insurance. Every
person licensed to sell at retail non-
intoxication malt liquor at on-sale or off- 6-point News Type--abcdefghijklmnopqrstuvwxyz
sale shall, after March 1, 1983,
demonstrate proof of financial respon-
sibility with regard to liability imposed 8-point News type--abcdef hi klrstz
by section 340.95 of Minnesota Statutes, Pg mno pquvwx y
to the commissioner of public safety as a
condition of the issuance or renewal of
his license, provided this subdivision
does not apply to non-intoxicating malt
liquor licenses with sales of less than BY: / .Q/ M^
$500.00 per year. Proof of financial
responsibility may be given by filing:
(a)A certificate that there is in effect ar TITLE: Publisher
insurance policy or pool providing the
following minimum coverages:
(1)$50,000.00 because of bodily injury to
any one person in any one occurrence,
and,subject to the limit for one person,
iny amount of$o0 or persosens of Subscribed and sworn to before me on this 12th
bodily injury to two or more persons in
any one occurrence,and in the amount
of $10,000.00 because of injury to or day of January 19` 1,
destruction of property of others in any
--"D
one occurrence.
(2port
$50,000.00of any fr loss omeans of sup- t j
port of any one person in anyone � 1,6
occur-
rence,and,subject to the limit for one ��
person,$100,000.00'or loss of means of
support of two or more persons in any Notary Public a
one occurrence;or
(b)A bond of a surety company willt
minimum coverages as provided in 1'D..,
C. KENNETH JARVIS
clause(a),or fes^ `t
v.�1 , NOTARY PUBLIC-MINNESOTA
(Notoria) Seal)
�s� CHISAGO COUNTY
+� .. My Commission Expires Sept.18,1989
(c)A certificate of the state treasurer
that the licensee has deposited with him
$100,000.00 in cash or securities which
may legally be purchased by savings
banks or trust funds having a market
value of$100,000.00.
In the event any policy of insurance pro-
vided hereunder contains aggregate
limits of liability,the licensee shall buy
additional coverage after payment of
any claim during the license year to re-
tain to license, and failure to provide
evidence of insurance at least to the
limits here-inbefore specified within five
(5) days after payment of any claim
shall result in the license being suspend-
ed until such proff of insurance is
provided.
Any policy of insurance provided
hereunder must include the provision
that the insurer may not cancel the
coverage without at least ten (10) days
prior notice to the City. In the event of
cancellation the license is automatically
suspended until and unless proof of
financial responsibility as herein set
forth is provided."
4.In Section 190-10, entitled, "CONDI-
TIONS OF LICENSE,"add Subd.M as
follows:
"Subd. M. Limited Seller License. No
licensee having a Limited Seller License
shall sell any beer or non-intoxicating
malt liquor in violation the plan of ac-
counting or conditions of the License."
5.In Section 190-11,entitled,"CLOSING
HOURS,"in the first sentence insert a
period after "noon," and delete ",nor
between hours of 1:00 A.M. and 8:00
P.M.on any election day in the City.".
6.This Ordinance shall be effective from
and after its adoption and publication ac-
cording to law.
7.The official copies of the Hugo City
Code shall be amended to reflect the
within chapges upon passage and
publication.
ADOPTED AND PASSED THIS 3rd
DAY OF January, 1984. ATTEST: J.
Michael McAllister, Mayor; Mary Ann
Creager,City Clerk.
(Published in the FOREST LAKE
TIMES January 12,1984.)