Ordinance 002iCITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
ORDINANCE NO. 2-I
AN ORDINANCE AMENDING SECTIONS 5, 8, 9, AN]
OF ORDINANCE 2-H, AN ORDINANCE LICENSING Alves -
REGULATING THE SALE AND CONSUMPTION OF
INTOXICATING LIQUOR AND PROVIDING A PENALTY FOR
VIOLATION THEREOF
THE CITY COUNCIL OF THE CITY OF CHANHASSEN ORDAINS:
SECTION 1. Section 5.04 of Ordinance 2-H, enacted April 19,
1982, is hereby amended to read:
5.04. On -Sale Wine License. On -sale wine licenses
may beissued only to restaurants meeting the qualifications
of Minnesota Statutes, Section 340.11, Subdivision 20, and
ot shall permit only the sale of wine not exceeding fourteen
percent (140) alcohol by volume, for consumption on the
licensed premises only -in conjunction with the serving of food.
Licenses issued pursuant to this section shall not be effective
until approved by the State Commissioner of Public Safety.
The City Council in its discretion may grant a variance to the
structural fair market value requirements of Section 5.03 hereof.
SECTION 2. Section 5 of Ordinance 2-H is hereby amended
Ey adding thereto Section 5.08 to read:
5.0.8. One -day Bottle Club Permit. The City Council
may issue a one -day intoxicating liquor consumption and display
permit to any'non-profit organization in conjunction with a
social activity occurring within the City and sponsored by the
organization. Not more than ten such licenses shall be issued
in the City in any year. The permit shall allow the consumption
or display of intoxicating liquor and the serving of liquids for
the purpose of mixing with intoxicating liquor, but shall not
allow the sale of intoxicating liquor. The permit shall be
valid only for the day indicated on it. No permit issued
pursuant to this section shall be valid unless first approved
by the Minnesota Commissioner of Public Safety, and proof of
financial responsibility as required by Section 9.03 hereof first
shall have been filed with the City Clerk.
•
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SECTION 3. Section 8.06 of Ordinance 2-H is hereby amended
to read:
8.06. Bottle Club License. The annual license fee
for bottle clubs shall be 300.00 per year; provided, however,
that the license fee for a one -day bottle club intoxicating
liquor consumption and display permit, as defined in•Section 5.08
of this -ordinance, shall be $ 25.00
SECTION 4. Section 9.02 of Ordinance 2-H is hereby amended
to read:
9.02. Bond. Each application for a license shall be
accompanied by a surety bond or, in lieu thereof, cash or
United States Government bonds of equivalent market value as
provided in Minnesota Statutes, Section 340.12. The type of
such security shall be as determined by the City Council. Such
surety bond or other security shall be in the sum of $5,000
for an applicant for an on -sale license, $3,000 for an on -sale
wine license, and $3,000 for an applicant for an off -sale
license.
The on- and off -sale bonds or other security
shall name the City as obligee thereunder and shall be conditioned
upon the following:
a. That the licensee will obey the law relating to
to the licensed business.
b. That the licensee will pay to the City when
due all taxes, license fees, penalties and
other charges provided by law.
C. That in the event of any violation of the
provisions of any law relating to the retail
"off -sale" and retail "on -sale" of intoxicating
liquor, the bond or other security shall be
forfeited to the City.
SECTION 5. Section 9.03 of Ordinance 2-H is hereby amended
to read:
9.03. Proof of Financial Responsibility. In addition
to the bond or other security required under Section 9.02 hereof,
prior to the issuance or renewal of an on -sale or off -sale
intoxicating liquor license, the applicant shall file with the
State Commissioner of Public Safety and the City Clerk proof
of financial responsibility with regard to liability imposed
by Minnesota Statutes, Section 340.95, as a condition of the
issuance or renewal of his license. Proof of financial
responsibility may be given by filing:
-2-
a. A certificate that there is in effect an
insurance policy or pool providing the following
minimum coverages:
1. $ 100,000 because of bodily
injury to any one person in any one occurrence,
and, subject to the limit for one person,
• in the amount of $ 300,000 because
of bodily injury to two or more persons in
any one occurrence, and in the amount of
$ 20,000 because of injury to or
destruction of property of others in any one
occurrence.
2. $ 100,000 for loss of means of
support of any one person in any one
occurrence, and, subject to the limit for
one person, $ 300,000 for loss
of means of support of two or more persons
in any one occurrence; or
b. A certificate of the State Treasurer that the
licensee has deposited with him $ 300,000
in cash or security which may be legally purchase
by savings banks or for trust funds having a
market value of $ 300,000
• Any liability policy required by this section shall
further provide that it may not be cancelled for any cause,
either by the insured or the insurance company without first
giving ten days' notice to the City in writing of intention to
cancel it, addressed to the City Clerk
SECTION 6. Section 9.05 of Ordinance 2-H is hereby amended
to read:
9.04. Approvals Required. The bond or other security
and the proof of financial responsibility required by Sections
9.02 and 9.03 shall be approved by the City Council, and, in
the case of an off -sale intoxicating liquor license, by the
State Commissioner of Public Safety.
SECTION 7. Section 11 of Ordinance 2-H is hereby amended
to read:
SECTION 11: SUSPENSION AND REVOCATION.
1. Except as hereinafter provided for the immediate
revocation or suspension of an off -sale or on -sale license for
failure to file or maintain proof of financial responsibility,
the City Council may either suspend for not to exceed 6.0 days or
0 -3-
revoke any liquor license upon a finding that the licensee has
failed to comply with any applicable statute, regulation, or
ordinance relating to intoxicating liquor. Except as provided
in Section 11(2) hereof, no suspension or revocation shall take
effect until the licensee has been afforded an opportunity for
a hearing pursuant to Minnesota Statues, Sections 15.0418 to
15.0426.
2. The operation of an off -sale or on -sale licensed
business without first having on file at all times with the
City proof of financial responsibility as defined in Section 9.03
hereof shall be grounds for immediate revocation of license,
without notice and without hearing. Failure to file with the
City Clerk replacement proof of financial responsibility as
defined in Section 9.03 hereof within ten (10) days of receipt
by the City of a notice of cancellation of any insurance policy
furnishing such proof of financial responsibility shall be
grounds for immediate suspension of the license until such
time as such proof of financial responsibility has been filed
with the City Clerk. Operation of an off -sale or on -sale
business during the period of any such suspension shall be
grounds for immediate revocation of the license, without notice
and without hearing.
SECTION 8. Effective Date. This ordinance becomes
effective upon its passage and publication according to law.
• Passed by the City Council this 14 th day of
February r 1983
Mayor
Attest:
City Clerk Manager
Publish in Carver Count Herald on February 23, 1983
-4-
(9768 Official Publication)
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES,
MINNESOTA
ORDINANCE NO. 2-1
AN ORDINANCE AMENDING SECTIONS 5, 81 99
AND 11 OF ORDINANCE 2-H, AN ORDINANCE
LICENSING AND REGULATING THE SALE AND
CONSUMPTION OF INTOXICATING LIQUOR
AND PROVIDING A PENALTY FOR VIOLATION
ER OF.
THE CITY COUNCIL OF THE CITY OF
CHANHASSEN ORDAINS:
SECTION 1. Section 5.04 of Ordinance 2-H,
enacted April 19, 1982, is hereby amended to read;
5.04. On -We Wine License. On -sale wine licenses
may be issued only to restaurants meeting the
qualifications of Minnesota Statutes, Section 340.11,
Subdivision 20, and shall permit only the sale of
wine not exceeding fourteen percent (14%) alcohol
by volume, for consumption on the licensed
premises only in conjunction with the serving of
food. licenses issued pursuant to this section shall
not be effective until approved by the State Com-
missioner of Public Safety. The City Council in its
discretion may grant a variance to the structural
fair market value requirements of Section 5.03
hereof.
SECTION 2. Section 5 of Ordinance 2-H is hereby
amended by adding thereto Section 5.08 to read:
5.08. One -day Bottle Club Permit. The City Coun-
cil may issue a one -day intoxicating liquor con-
sumption and display permit to any non-profit
organization in conjunction with a social activity
occurring within the City and sponsored by the
organization. Not more than ten such licenses shall
be issued in the City in any year. The permit shall
allow the consumption or display of intoxicating li-
quor and the serving of liquids for the purpose of
mixing with intoxicating liquor, but shall not allow
the sale of intoxicating liquor. The permit shall be
valid only for the day indicated on it. No permit
issued pursuant to this section shall be valid unless
first approved by the Minnesota Commissioner of
Public Safety, and proof of financial responsibility
as required by Section 9.03 hereof first shall have
been filed with the City Clerk.
SECTION 3. Section 8.06 of Ordinance 2-H is
hereby amended to read:
8.06. Bottle Club License. The annual license fee
for bottle clubs shall be $300.00 per year; provided, -
however, that the license fee for a one -day bottle
club intoxicating liquor consumption and display
permit, as defined in Section 5.08 of this ordinance,
shall be $25.00.
SECTION 4. Section 9.02 of Ordinance 2-H is
hereby amended to read:
9.02. Bond. Each application for a license shall be
accompanied by a surety bond or, in lieu thereof,
cash or United States Government bonds or
equivalent market value as provided in Minnesota
Statutes, Section 340.13. The type df such security
shall be as dete the City Council. Such
surety bond or y shall be 4k the sum of
$5,000 for a " on -sale license, $3,000
for an on-sa 1P x x d $3,000 for an appli-
cant for an ofi"
The on- and offe or other security shall
name the City as obligee the%eug4er and shall be
conditioned upon the following:
a. That the licensee will obey the law relating to
the licensed business.
b. That the licensee will pay to the City when due
all taxes, license fees, penalties and other charges
provided by law.
c. That in the event of any violation of the provi-
sions of any law relating to the retail "off -sale" and
retail "on -sale" of intoxicating liquor, the bond or
other security shall be forfeited to the City.
SECTION 5. Section 9.03 of Ordinance 2-H is
hereby amended to read:
9.03. Proof of Financial Responsibility. In addi-
tion to the bond or other security required under
Section 9.02 hereof, prior to the issuance or renewal
of an on -sale or off -sale intoxicating liquor license,
the applicant shall file with the State Commissioner
of Public Safety and the City Clerk proof of finan-
cial responsibility with regard to liability imposed
by Minnesota Statutes, Section 340.95, as a condi-
tion of the issuance or renewal of his license. 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:
Affidavit of Publication
State of Minnesota )
)SS.
County of Carver )
'tan W fsrud,
being duly sworn, on oath says that he is and during
all the time herein stated has been the publisher and printer of the newspaper known as the Carver County Herald and
has full knowledge of the facts stated as follows: (1) Said newspaper is printed in the English language in newspaper for-
mat and in column and sheet form equivalent in printed space to at least 1,200 square inches. (2) Said newspaper is a
weekly and is distributed at least once each week for 50 weeks each year. (3) In at least half of its issues each year has no
more than 75 percent of its printed space comprised of advertising material and paid legal notices; and in all of its issues
each year, has 50 percent of its news columns devoted to news of local interest to the community which it purports to
serve, and not more than 25 percent of its total nonadvertising column inches in any issues wholly duplicates any other
publication unless the duplicated material is from recognized general news services. (4) Said newspaper is circulated in
and near Chaska and has at least 500 copies regularly delivered to paying subscribers and has entry as second-class mat-
ter at the Chaska Post Office. (5) Said newspaper has its known office of issue established in Carver County in which lies
the City of Chaska. (6) Said newspaper files a copy of each issue immediately with the State Historical Society. (7) Said
newspaper is available at single or subscription prices to any person, corporation, partnership or other incorporated
association requesting the newspaper and making applicable payment. (8) Said newspaper has complied with all the
foregoing conditions of this subdivision for at least one year last past. (9) Said newspaper has filed with the Secretary of
State of Minnesota prior to January 1, 1976 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.
Lera_1 �'076!�
He further states on oath that the
attached as a part
hereof was cut fro rp the columns of said newspaper, and was printed and published therein in the English language once
1 111n0 23H Feh �,,3
each week, for successive weeks; that it was first so published on _— __ the __— day of—__,19___ and
was thereafter printed and published on every _ to and including 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
being the size and kind of type used in the composition and publication of said notice, to wit:
abcdefghijklmnopgrst wxyz
'J ;1
Subscribed and sworn to before me this day of —�-� — ,19..3
C, �
otarial $$al)t%TA .,
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d•." Pd." +��'r ,. w. a, � r .r r �.3'-'td t►4"!3'A�d^l►1'NO�-y'!,�^
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Notary public County, N
My Commission Expires zc 19/_
ESE? 2'4 1981)
CITY OF CHAf�t4A:� �:;'1
•
1. $lou,uuu Decause of aoauy injury to any one per-
son in any one occurrence, and, subject to the limit
for one person, in the amount of =300,000 because of
bodily injury to two or more persons in any one oc-
currence, and in the amount of $20,000 because of
injury to or destruction of property of others in any
one occurrence.
2. $100,000 for loss of means of support of any one
person in any one occurrence, and, subject to the
limit for one person, $300,000 for loss of means of
support of two or more persons in any one occur-
rence; or
b. A certificate of the State Treasurer that the
licensee has deposited with him $300,000 in cash or
security which may be legally purchased by sav-
ings banks or for trust funds having a market value
of ;300,000.
Any liability policy required by this section shall
further provide that it may not be cancelled for any
cause, either by the insured or the insurance com-
pany without first giving ten days' notice to the City
in writing of intention to cancel it, addressed to the
City Clerk.
SECTION 6. Section 9.05 of Ordinance 2-H is
hereby amended to read:
9.04. Approvals Required. The bond or other
security and the proof of financial responsibility re-
quired by Sections 9.02 and 9.03 shall be approved
by the City Council, and, in the case of an off -sale in-
toxicating liquor license, by the State Commis-
sioner of Public Safety.
SECTION 7. Section 11 of Ordinance 2-H is hereby
amended to read:
SECTION 11. SUSPENSION AND REVOCA-
TION.
1. Except as hereinafter provided for the im-
mediate revocation or suspension of an off -sale or
on -sale license for failure to file or maintain proof
of financial responsibility, the City Council may
either suspend for not to exceed 60 days or revoke
any liquor license upon a finding that the licensee
has failed to comply with any applicable statute,
regulation, or ordinance relating to intoxicating li-
quor. Except as provided in Section 11 (2) hereof, no
suspension or revocation shall take effect until the
licensee has been afforded an opportunity for a
hearing pursuant to Minnesota Statutes, Sections
15.0418 to 15.0426.
2. The operation of an off -sale or on -sale licensed
business without first having on file at all times
with the City proof of financial responsibility as
defined in Section 9.03 hereof shall be grounds for
immediate revocation of license, without notice and
without hearing. Failure to file with the City Clerk
replacement proof of financial responsibility as
defined in Section 9.03 hereof within ten (10) days of
receipt by the City of a notice of cancellation of any
insurance policy furnishing such proof of financial
responsibility shall be grounds for immediate
suspension of the license until such time as such
proof of financial responsibility has been filed with
the City Clerk. Operation of an off -sale or on -sale
business during the period of any such suspension
shall be grounds for immediate revocation of the
license, without notice and without hearing.
SECTION B. Effective Date. This ordinance
becomes effective upon its passage and publication
according to law.
Passed by the City Council this 14th day of
February, 1983.
/s/ Thomas L. Hamilton
Mayor
Attest:
City Clerk/Manager
( Pub. Carver County Herald February 23, 1983 )
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1. $lou,uuu Decause of aoauy injury to any one per-
son in any one occurrence, and, subject to the limit
for one person, in the amount of =300,000 because of
bodily injury to two or more persons in any one oc-
currence, and in the amount of $20,000 because of
injury to or destruction of property of others in any
one occurrence.
2. $100,000 for loss of means of support of any one
person in any one occurrence, and, subject to the
limit for one person, $300,000 for loss of means of
support of two or more persons in any one occur-
rence; or
b. A certificate of the State Treasurer that the
licensee has deposited with him $300,000 in cash or
security which may be legally purchased by sav-
ings banks or for trust funds having a market value
of ;300,000.
Any liability policy required by this section shall
further provide that it may not be cancelled for any
cause, either by the insured or the insurance com-
pany without first giving ten days' notice to the City
in writing of intention to cancel it, addressed to the
City Clerk.
SECTION 6. Section 9.05 of Ordinance 2-H is
hereby amended to read:
9.04. Approvals Required. The bond or other
security and the proof of financial responsibility re-
quired by Sections 9.02 and 9.03 shall be approved
by the City Council, and, in the case of an off -sale in-
toxicating liquor license, by the State Commis-
sioner of Public Safety.
SECTION 7. Section 11 of Ordinance 2-H is hereby
amended to read:
SECTION 11. SUSPENSION AND REVOCA-
TION.
1. Except as hereinafter provided for the im-
mediate revocation or suspension of an off -sale or
on -sale license for failure to file or maintain proof
of financial responsibility, the City Council may
either suspend for not to exceed 60 days or revoke
any liquor license upon a finding that the licensee
has failed to comply with any applicable statute,
regulation, or ordinance relating to intoxicating li-
quor. Except as provided in Section 11 (2) hereof, no
suspension or revocation shall take effect until the
licensee has been afforded an opportunity for a
hearing pursuant to Minnesota Statutes, Sections
15.0418 to 15.0426.
2. The operation of an off -sale or on -sale licensed
business without first having on file at all times
with the City proof of financial responsibility as
defined in Section 9.03 hereof shall be grounds for
immediate revocation of license, without notice and
without hearing. Failure to file with the City Clerk
replacement proof of financial responsibility as
defined in Section 9.03 hereof within ten (10) days of
receipt by the City of a notice of cancellation of any
insurance policy furnishing such proof of financial
responsibility shall be grounds for immediate
suspension of the license until such time as such
proof of financial responsibility has been filed with
the City Clerk. Operation of an off -sale or on -sale
business during the period of any such suspension
shall be grounds for immediate revocation of the
license, without notice and without hearing.
SECTION B. Effective Date. This ordinance
becomes effective upon its passage and publication
according to law.
Passed by the City Council this 14th day of
February, 1983.
/s/ Thomas L. Hamilton
Mayor
Attest:
City Clerk/Manager
( Pub. Carver County Herald February 23, 1983 )
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