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1n. Two Day Temp Liq License, Chan Lions CITY OF -- CHANHASSEN A%, .* 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 ,�.. - ..� (612) 937-1900 MEMORANDUM TO: Mayor and City Council ' FROM: Don Ashworth, City Manager DATE: August 24 , 1989 SUBJ: Approval of Temporary On-Sale Liquor License, Chanhassen Lions Club , State Softball Tournament at Lake Ann Park, August 26 and 27 , 1989 . City staff has been working with our civic organizations to have ' them to take a greater role in community programming, i .e. Fourth of July Celebration, Oktoberfest, City Golf Tournament, etc . Community pride, increased participation and reduced City costs ' can be achieved by community group involvement. Selling beer at the State Softball Tournament is proposed to be sponsored by the Chanhassen Lions Club . The event will occur on August 26 and 27 , 1989 at Lake Ann Park. ' Unfortunately, citizen volunteers are not always knowledgeable as to the bureaucracy associated with some of these events . In this ' instance , the club should have made application for their beer sales in early August to allow for Council consideration on August 14th. I see staff as responsible for the error as the Lion ' s Club. In any case, I find myself faced with the decision of whether to issue the license and ask the City Council to retroactively approve that decision, or to deny the application. If this office had any reason to believe that the Council would ' not endorse this activity, I would deny the application. In light of the fact that we did solicit them to carry out this function in cooperation with the City, I have authorized the ' license. All conditions of typical approval , completion of the application, certificate of insurance, cleanup requirements, etc. , are being required. ' Manager 's Recommendation This office would recommend that the City Council , retroactively, endorse the two day on-sale beer license for the Chanhassen Lions Club on August 26 and 27 , 1989 . 11 4 I APPLICATION FOR NON-INTOXICATING LIQUOR LICENSE II "ON" AND "OFF" SALE CITY OF CHANHASSEN HENNEPIN AND CARVER COUNTIES STATE OF MINNESOTA This form was prepared for purposes of background investigation for either or both "On" and "Off" Sale Non-intoxicating Liquor License applications. It does not supercede any laws, rules or regulations of the Division of Liquor Control regarding the issuance of liquor licenses. Failure to provide or falsification of infor- mation requested may result in denial of the application. & • ( II Trade Name U✓ �" " ✓ • o !d Date of Application 7-A604-7 -- r7- - 5;/-vi Licensing Period pk// II 77c/r/i/� 1. Type of Application: . Off-Sale Non-Intoxicating I On Sale Non-Intoxicating New Renewal Transfer 2. "�i`�//�f I Name of Applicant �j4id l 9}��t72C9 / (include middle name)Phone ,( 3. 3 yU (�Fn.Gt,/,!C/4,6 ( �4 4f-1 1L i I Home Address J City State 4. `/ II Date of Birth ��r Place of LBirt �)�l „�'" 5. IAddress of Business Location 6. 571 `7.,41 . A Z/1.4 . ���, Legal Description ��/�G 2� II 7. List owners of building or premise to be licensed: 6 ! - �,• , dam .,,' II 8. Corporate or Partnership Title 9. 1 Corporate or Partnership Address .air 10. List all partners, officers or directors, if corporation: ' me Address / Date of Birt / I 1 1 11. If this is a transfer application, give name, address, or persons partnership or corporation holding license for the past year. I . 12. Who owns the tavern fixtures? ' 13. What vending or mechanical amusement device company has or will have machines on the licensed premise? 1 14. Are you a Minnesota resident? !/ Yes No from to If not, where resident: Dates of Residency 1 15. Have you ever been convicted of violating Federal, St a or Local liquor laws and/or regulations? Yes No If yes, explain fully on seperate sheet of paper. 16. Applicant, and his associates in this application, will strictly comply with all the Laws of the State of Minnesota governing ' the taxation and the sale of non-intoxicating malt liquor; and rules, regulations and ordinances, promulgated by the City of Chanhassen; and I hereby certify that I read the foregoing questions and that the answers to said questions are true of my own knowledge. i 1 Si ature of Applicant Subscribed and sworn to before me this day of 1 19 1 Notary Public My commission expires • immumpue 1 1 1 t Corporate Risk Managers, Inc. 7525 mitchell road • suite 109 • eden prairie.minnesota 55344 • (612)937-8942 September, 1988 ' TO: All Minnesota Lions Clubs x ' SUBJECT: Lions 5M Liquor Liability (Dram Shop) Insurance Renewal On July 25, 1979, we formed a liquor liability insurance program for our Lions Clubs in Minnesota on a group basis to help decrease the cost of liquor liability insurance and to provide the necessary protection for our clubs. Those events or functions in which a club provides for the sale of liquor or beer for a profit, and/or for which a club is required by law to have a liquor license or uses someone else's license, fall under the Dram Shop Act. This Act requires a club to have liquor liability coverage. As most of you have re.xd' in the news the Li uer f110: -1:,ty inu:i1?'` ",, h`_''t' � t;.r t v<=11 a problem; in some cases coverage is non—existent or is very expensive. The cost under our Lions group policy on an annual basis is far less than the cost for just a one—day policy which is a minimum of approximately $900/$1 ,000. The rates started to go up three years ago, however, I believe it is still a good deal considering the insurance marketplace today; hopefully, it will start to improve as this year the rate stayed the same as last year 's even t'.^.:Nug'1 the state has added an additionai tax :n pre ir_ 's. Our current policy for the clubs in the program will expire on October 1 , 1988. The following is our renewal program for the period October 1 , 1988 to October 1, 1989. ' COVERAGE — The coverage protects your club when you directly sell beer, liquor or set—ups. If you include the cost of beer or liquor in the ticket price of an event and have a free bar, this is still considered as selling liquor. Also, if your club has its own bar for meetings and you ask for donations, you should carry liquor liability insurance. Lions International only provides host liquor liability in their general liability policy which covers your club only when liquor is given away with no charge whatsoever. LIMITS — Liquor Liability (Dram Shop) coverage is in the amount of $500,000 per person, $500,000 per occurrence combined single limit of bodily injury and property damage, and $500,000 loss of support. There is no annual aggregate per club. POLICY FORM — A master policy will be issued to the Lions 5M and the individual clubs will be listed in the policy if they desire coverage. Members of a participating club are automatically covered as additional insureds at no cost. EFFECTIVE DATE Coverage will be available and effective October 1, 1988 to October 1, 1989. There will be an enrollment period to October 31, 1988 without a late enrollment fee. Enrollment is on a yearly basis and each club will be required to renew this option each year during the enrollment period. I would suggest that if our club will be usin• this coverage during the ear that ou bu it now as after November 1, 1988, there will be a late charge of $100.00. The Company does not want to be adding clubs to the program throughout the year. ADDITIONAL INSUREDS — The insurance carrier will only name additional insureds who are part of the named licensee or if required by local ordinance (such as a municipality). Therefore, you can name only a city, township or a lioness club. The cost for the additional insureds is $45.00 each for the entire policy period. I . .. Page 2 ' REQUIREMENTS - We need a minimum of 75 clubs in Minnesota for this program. We currently have 150 clubs enrolled in the policy due to expire on October 1, 1988. ' It is also important that you fill out the enclosed application and adhere to the attached terms and warranties. For any event not listed on your application you must notify us, in writing, at least 10 days prior to the event, giving us the information as requested in the application. Also, we need three weeks notice to add additional ' insureds which ensures ample time for the insurance company to issue a certificate. COST - The annual cost is a minimum premium of $425 based on gross receipts of ' $5,700 or less of liquor or beer sales only. Additional receipts are at a rate of $7.25 per $100. The insurance carrier reserves the right to audit clubs where appropriate. It is important that you keep track of your receipts from beer or liquor sales separately in your books. Where drinks are included in a ticket price, you must include the value of those drinks. LATE FEE - The cost of the insurance is the same no matter when a club joins the program throughout the policy period. Therefore, it is advantageous to have the coverage immediately to avoid the $100 late fee, and it also helps assure us that we have the minimum amount of clubs enrolled. The late fee of $100 applies to applica- tions sent in after November 1 , 1988. ENROLLMENT - The enrollment period is from September 15, 1988 to October 31 , 1988. ' Each club enrolled in the program will receive a certificate of insurance for the described coverage upon receipt of the application and a check for the premium. In order to obtain the price break we receive, it is important that we have your enroll- ment by October 1 , 1988. Coverage will commence upon receipt in our office of the ' application and check. POLICY PERIOD - October 1, 1988 to October 1, 1989. ' INSURANCE COMPANY & AGENT - Transcontinental Insurance Company J. A. Price Agency, Inc. , 7100 Shady Oak Road, Eden Prairie, MN 55344 ' This program will be administered by Corporate Risk Managers, Inc. Enrollment forms and checks should be sent to: CORPORATE RISK MANAGERS, INC. , 7525 MITCHELL ROAD, SUITE 109, EDEN PRAIRIE, MN 55344. ' MAKE CHECKS PAYABLE TO: CORPORATE RISK MANAGERS TRUST FUND ' If your club desires coverage, please return the enclosed application at once along with your remittance. Should you have any questions or need additional information, feel free to write or give us a call, or you may check with your district governor. �. << 1, 11( < • Burdell R. Wessels, President ' BRW/jb Enclosures LIONS 5M LIQUOR LIABILITY APPLICATION CLUB MAILING ADDRESS CONTACT PERSON & PHONE NUMBER ANTICIPATED LIQUOR EVENTS FOR OCTOBER 1 , 1988 - OCTOBER 1 , 1989 DATE(S) ESTIMATED TYPE OF ANTICIPATED ' LOCATION & DESCRIPTION OF It OF PEOPLE BEVERAGE RECEIPTS OF EVENT EVENTS SERVED SOLD (GROSS) (IF MORE ACTIVITIES, LIST ON SEPARATE SHEET) COST: RECEIPTS (MINIMUM PREMIUM TO $5,700 OF RECEIPTS) $ 425.00 ' EXCESS RECEIPTS (OVER $5,700) $ x $7.25/$100 $ ADDITIONAL INSURED(S) x $45.00 $ ' LATE ENROLLMENT FEE (AFTER NOVEMBER 1, 1988) ADD $100.00 $ ' TOTAL PREMIUM DUE $ PLEASE ENCLOSE CHECK FOR AMOUNT DUE, MADE PAYABLE TO: ' CORPORATE RISK MANAGERS TRUST FUND LIST ADDITIONAL INSURED(S) (CITY, TOWNSHIP OR LIONESS CLUB ONLY) PRIOR LIQUOR CLAIMS OR VIOLATIONS (3 YEARS) 1 THE UNDERSIGNED HEREBY WARRANTS AND CERTIFIES THAT ALL INFORMATION CONTAINED HEREIN IS CORRECT. IF ANY OF THE FACTS .ON THIS SOLICITATION ARE FOUND TO BE INACCURATE, I AGREE THAT THE PREMIUM MAY BE INCREASED TO REFLECT THE CHANGE. IN ADDITION, IF REQUESTED I WILL SUBMIT MY RECORDS FOR AUDIT BY THE COMPANY. CLUB PRESIDENT SIGNATURE DATE ' 1 LIQUOR LIABILITY TERMS AND WARRANTIES ' GENERAL ' AN EXTREME AMOUNT OF RESPONSIBILITY FALLS UPON THOSE DISPENSING ALCOHOLIC BEVERAGES. ALL CLUBS AND MEMBERS INVOLVED IN THESE ACTIVITIES MUST RECOGNIZE THAT FACT AND ACT ACCORDINGLY. ' 1) NEVER CONTINUE TO SERVE AN INDIVIDUAL THAT SHOWS ANY SIGNS OF ALCOHOL IMPAIRMENT. ' 2) ALWAYS BE CERTAIN THAT THOSE CONSUMING BEVERAGES HAVE A LEGAL RIGHT TO DO SO. 3) ALWAYS MONITOR THE DISPENSING OF THE BEVERAGE, EVEN DURING HOURS THAT THE CONCESSION IS CLOSED. UNSCHEDULED EVENTS EVENTS NOT LISTED ON THE APPLICATION WILL NOT BE COVERED UNLESS: ' 1) THE COMPANY RECEIVES, IN WRITING, A DESCRIPTION OF THE EVENT DETAILING TIME, PLACE, TYPE OF EVENT, ESTIMATED ATTENDANCE, BEVERAGE SOLD, AND ANTICIPATED RECEIPTS. ' 2) THIS INFORMATION MUST BE RECEIVED AT LEAST 10 DAYS PRIOR TO THE EVENT. ' WARRANTIES NO COVERAGE WILL EXIST IF THE FOLLOWING WARRANTIES ARE BREACHED: 1) EVENTS WHERE A FLAT CHARGE IS MADE FOR ALL THE LIQUOR AN ATTENDEE CAN CONSUME ARE PROHIBITED. CLUB WARRANTS THAT THEY WILL NOT SPONSOR SUCH ' EVENTS. 2) ALL BARTENDERS MUST BE MEMBERS OF THE COVERED LIONS CLUB. 1