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Planning Files - Planning File #
08-004
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Conditional Use Permit
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Off-Sale Liquor Control Requirements `� Attachment C <br />� 302.02: LICENSE REQUIRED: <br />2 A. General Requirement: No person, except a wholesaler or manufacturer to the extent authorized under State license, shall <br />3 directly or indirectly deal in, sell or keep for sale in the City any nonintoxicating malt liquor or intoxicating liquor <br />4 without a license to do so as provided in this Chapter. <br />5 B. Types of Licenses: <br />6 1. Intoxicating liquor licenses shall be of five (5) kinds: On-sale, On-sale Wine, Club, Special Sunday and Off-sale. <br />7 2. Nonintoxicating malt liquor licenses shall be of two (2) kinds: On-sale and Off-sale. <br />8 C. Expiration: All intoxicating liquor and nonintoxicating malt liquor licenses shall expire on December 31 of each year. <br />Q H. Off-sale Intoxicating Liquor Licenses: Off-sale licenses for the sale of intoxicating liquor shall permit the licensee to <br />� o sell intoxicating liquor in original packages for consumption off the premises only. Such licenses may be issued in <br />� 1 accordance with the provisions of this Chapter. <br />�2 J. Off-sale Nonintoxicating Malt Liquor Licenses: Off-sale licenses shall permit the licensee to sell nonintoxicating malt <br />13 liquor in original packages for consumption off the premises only. (Ord. 972, 5-13-1985) <br />� � 302.03: APPLICATION: <br />15 A. Requirements: The requirements set forth in this Section shall apply to applications for those licenses named in Section <br />� 6 302.02 of this Chapter. <br />�7 B. Form: <br />i 8 1. Information Required: Every application for a license under this Chapter shall state the name of applicant, applicant's <br />19 age, presentations as to applicant's character, with such references as the City Council may require, applicant's <br />2o citizenship, the type of license applied for, the business in connection with which the proposed license will operate and <br />21 its location, whether the applicant is owner and operator of the business, how long applicant has been in that business at <br />22 that place and such other information as the City Council may require from time to time. <br />23 2. Verification: In addition to containing such information, the application shall be in the form prescribed by the State <br />2a Liquor Control Director and shall be verified and filed with the City Manager. No person shall make a false statement in <br />25 an application. <br />2s 3. Subsequent Data: From time to time, at the request of the City Manager, a licensee will provide data to the City <br />2� concerning that portion of its revenue attributable to the sale of food and the sale of liquor and/or wine. (Ord. 972, 5-13- <br />28 1985� <br />29 C. Liability Insurance: <br />30 1. Policy Limits: Prior to the issuance or renewal of a license under this Chapter, the applicant shall file with the City <br />3i Manager a certificate of insurance in a form to be provided by the City covering liquor liability, loss of ineans of <br />32 support and pecuniary loss in the amount of five hundred thousand dollars ($500,000.00) of coverage because of bodily <br />33 injury to any one person in any one occurrence; one million dollars (� 1,000,000.00) because of bodily injury to two (2) <br />34 or more persons in any one occurrence; one hundred thousand dollars ($100,000.00) because of injury to or destruction <br />35 of property of others in any one occurrence; two hundred thousand dollars ($200,000.00) for loss of ineans of support or <br />36 pecuniary loss to any one person in any one occurrence; and five hundred thousand dollars ($500,000.00) for loss of <br />37 means of support or pecuniary loss for two (2) or more persons in any one occurrence. <br />38 2. Annual Aggregate Limits: Annual aggregate limits as provided by Minnesota Statutes section 340A.409 shall not be <br />39 less than one million dollars (�1,000,000.00). <br />a0 In the event such policy provides for one million dollars (�1,000,000.00) annual aggregate limits, said policy shall <br />a� further require that in the event that the policy limits are reduced in any given year because of the one million dollar <br />42 ($1,000,000.00) annual aggregate policy limit, the insurance carrier shall provide the City with written notice of said <br />43 reduction in policy limits within thirty (30) days of said reduction becoming effective. (Ord. 1175, 10-28-1996) <br />44 3. Further Requirements: After the reduction becomes effective, the City Council may require the licensee to take <br />45 further action with regard to liability insurance in order to protect citizens of the City during the period of the reduced <br />46 aggregate policy limit. <br />a� 4. Applicability: The requirements of this Section shall be applicable to new licenses issued after the effective date of <br />48 this subsection and for renewals applied for after the effective date of this subsection. (Ord. 1046, 9-12-1988) <br />49 D. Approval of Insurance: Liability insurance policies shall be approved as to form by the City Attorney. Operation of a <br />50 licensed business without having on file with the City, at all times, a certificate of insurance as required in subsection C <br />51 of this Section is a cause for revocation of the license. All insurance policies shall state that the City will be given ten <br />52 (10) days' notice, in writing, of cancellation. (Ord. 972, 5-13-1985) <br />
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