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HomeMy WebLinkAbout1969 09-22 CCM Regular Session Minutes of the Proceedings of the City Council of the City of Brooklyn Center In the County of Hennepin and State of k Minnesota September 22, 1969 The City Council met in regular session and was called to order by Mayor Philip Cohen at 7:35 P. M. ' Roll Call: Philip Cohen, john Leary, Earl Rydberg, Howard Heck and Theodore Willard Roll Call: D.G., Poss, Paul Holmlund, C.E. VanEeckhout, Richard Schaeffer Thomas O° Hehir, James Merila, Marilyn Zimmerman, Robert Haarman, James Lindsay, and B.E. Peterson, Reverend Schumaker of St. Alphonsus Catholic Church offered the invocation, Motion by Theodore Willard and seconded by Howard Heck to approve the minutes of the September 11, 1969 meeting as submitted. Voting in favor were: Philip Cohen, john Leary, Earl Rydberg, Howard Heck and Theodore Willard. Voting against were: none. Motion carried unanimously. Motion by john Leary and seconded by Theodore ;Hillard to approve the minutes of the September 15, 1969 meeting as submitted. Voting in favor were Philip Cohen, john Leary, Earl Rydberg, Howard Heck and Theodore Vuillard. Noting against were: none. Motion carried unanimously. Motion by Earl Rydberg and seconded by Howard Heck to authorize release of the $269.35 cash surplus remaining from a $500. deposit posted by American Contracting Corporation to guarantee street repairs related to sewer and water connections at Evergreen Park Elementary School. Voting in favor were: Philip Cohen, john Leary, Earl Rydberg, Howard Heck and Theodore Willard. Voting against were: none. Motion carried unanimously. Member Howard Heck introduced the following resolution and and moved its adoption: RESOLUTION NO. 69 -285 RESOLUTION AUTHORIZING THE PURCHASE OF 72 _ 5/8 x 3/4 WATER METERS The motion for the adoption of the foregoing resolution was duly seconded by member John Leary, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, John Leary, Earl Rydberg, Howard Heck and Theodore Willard; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Member Howard Heck introduced the following ordinance and further moved its adoption, provided, however, that for the purposes of the minutes of the proceedings of the City Council, the test of the ordinance shall be attached to the minutes and be a part thereof: ORDINANCE NO. 69-24 AN ORDINANCE AMENDING CHAPTER 11 OF THE CITY ORDINANCES BY REPEALING PORTIONS THEREOF AND BY ADDING PORTIONS THERETO The motion for the adoption of the foregoing ordinance was duly seconded by member Theodore Willard, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, john Leary, Earl Rydberg, Howard Deck and Theodore Willard; and the following voted against the same: none, whereupon said - ordinance was declared duly passed and adopted. At this time the Council discussed the establishment of a liquor license fee. It was ruled by Mayor Cohen that the discussion be continued later in the meeting after the scheduled public hearings relating to assessment projects. -1� At 8:00 P. M. the Mayor announced that the procedure for the scheduled assessment hearings would be for the Public Works Director to review each special assessment project after which property owners would be called upon, for comment, The Council would then close each hearing individually and make final disposition of the hearings after all projects are considered. Motion by Earl Rydberg and seconded by John Leary to close the assess - ment hearing on Street Improvement Project No. 1967 -43, Voting In favor were: Philip Cohen, John Leary, Earl Rydberg, Howard Heck and Theodore Willard. Voting against were: none. Motion carried unanimously. Motion by John Leary and seconded by Theodore Millard to close the assessment hearing on Street Improvement Project No, 1968 -28. Voting in favor were: Philip Cohen, John Leary, Earl Rydberg, Howard Heck and Theodore Willard, Voting against were: none. Motion carried unanimously. Motion by Howard Heck and seconded by Earl Rydberg to close the assess- ment hearing on Street Improvement Project No, 1968 -7, Voting in favor were: Philip Cohen, John Leary, Earl Rydberg, Howard Heck and Theodore Willard, Voting against were: none, Motion carried unanimously. Motion by Theodore Willard and seconded by John Leary to close the assessment hearing on Street Improvement Project No. 1968 -30. Voting in favor were: Philip Cohen, John Leary, Earl Rydberg, Howard Heck and Theodore Willard, Voting against were: none. Motion carried unanimously,. Motion by John Leary and seconded by Theodore Willard to close the assessment hearing on Street Improvement Project No, 1968 -17. Voting in favor were: Philip Cohen, John Leary, Earl Rydberg, Howard Heck and Theodore Willard. Voting against were: none. Motion carried unanimously. Motion by Earl Rydberg and seconded by Howard Heck to close the assessment hearing on Water Improvement Project No. 1968 -45, Voting in favor were: Philip Cohen, John Leary, Earl Rydberg,, Howard Heck and Theodore Willard. Voting against were: none. Motion carried unanimously. Motion by Theodore Willard and seconded by Howard Heck to close the assessment hearing on Street Improvement Project No, 1968 -46, Voting in favor were: Philip Cohen, John Leary, Earl Rydberg, Howard Heck and Theodore Willard. Voting against were: none. Motion carried unanimously. Motion by John Leary and seconded by Theodore 'INillard to close the assessment hearing on Street Improvement Project No, 1968 -9. Voting in favor were: Philip Cohen, John Leary, Earl Rydberg, Howard Heck and Theodore Willard, Voting against were: none. Motion carried unanimously. Motion by Earl Rydberg and seconded by Howard Heck to close the assessment hearing on Street Improvement Project No. 1968 -25. Voting in favor were: Philip Cohen, John Leary, Earl Rydberg, Howard Heck and Theodore Willard. Voting against were: none. Motion carried unanimously. Motion by Howard Heck and seconded by John Leary to close the assessment hearing on Water Improvement Project No. 1968 -33, Voting in favor were: Philip Cohen, John Leary, Earl Rydberg, Howard Heck and Theodore Willard. Voting against were: none. Motion carried unanimously. Motion by John Leary and seconded by Earl Rydberg to close the assessment hearing on Street Improvement Project No. 1968 -34. Voting in favor were: Philip Cohen, John Leary, Earl Rydberg, Howard Heck and Theodore Willard. Voting against were: none. Motion carried unanimously. Motion by Howard Heck and seconded by John Leary to close the assessment hearing on Water Improvement Project No. 1968 -35, Voting in favor were: Philip Cohen, John Leary, Earl Rydberg, Howard Heck and Theodore Willard. Voting against were: none. Motion carried unanimously. -2- Motion by Earl Rydberg and seconded by john Leary to close the assessment hearing on Street Improvement Project No. 1968 -36. Voting in favor were: Philip Cohen, John Leary, Earl Rydberg, Howard Heck and Theodore Willard. Voting against were;, none. Motion carried unanimously. Motion by Theodore Willard and seconded by Howard Heck to close the assessment hearing on Water Improvement Project No. 1968 -37. Voting in favor were: Philip Cohen, John Leary, Earl Rydberg, Howard Heck and Theodore Willard, Voting against were: none. Motion carried unanimously. Motion by John Leary and seconded by Earl Rydberg to close the assessment hearing on Street Improvement Project o I j N . 968 -38, Voting in favor were. Philip Cohen, John Leary, Earl Rydberg, Howard Heck and Theodore Willard, Voting against were: none. Motion carried unanimously. Motion by Howard Heck and seconded by john Leary to close the assess - ment hearing on Water Improvement Project No, 1968 -39, Voting in favor were: Philip Cohen, John Leary, Earl Rydberg, Howard Heck and Theodore Willard. Voting against were: none. Motion carried unanimously. Motion by john Leary and seconded by Theodore Willard to close the assessment hearing on Sanitary Lateral Improvement Project No. 1968 -40. Voting in favor were: Philip Cohen, John Leary, Earl Rydberg, Howard Heck and Theodore Willard. Voting against were: none. Motion carried unanimously. Motion by Earl Rydberg and seconded by Howard Heck to close the assess- ment hearing on Street improvement Project No. 1968 -41, Voting in favor were: Philip Cohen, John Leary, Earl Rydberg, Howard Heck and Theodore Willard, Voting against were: none. Motion carried unanimously. Motion by John Leary and seconded by Theodore Willard to close the assessment, hearing on Water Improvement Project No. 1968 -42. Voting in favor were: Philip Cohen john Leary, Earl Rydberg, Howard Heck and Theodore Willard. Voting against were: none. Motion carried unanimously. Motion by Howard Heck and seconded by Earl Rydberg to close the assessment hearing on Street improvement Project No. 1968 -43. Voting in favor were: Philip Cohen, John Leary, Earl Rydberg, Howard Heck and Theodore Willard. Voting against were: none. Motion carried unanimously, Motion by Theodore Willard and seconded by john Leary to close the assessment hearing on Street Improvement Project No. 1968 -47, Voting in favor were; Philip Cohen, John Leary, Earl Rydberg, Howard Heck and Theodore Willard, Voting against were: none, Motion carried unanimously,, Motion by John Leary and seconded by Theodore Millard to close the assessment hearing on Water improvement Project No. 1969 -2. Voting in favor were: Philip Cohen, John Leary, Earl Rydberg, Howard Heck and Theodore Willard. Voting against were: none. Motion carried unanimously. (Councilman Willard left the meeting at 8 :40 P. M.). Motion by Earl Rydberg and seconded by Howard Heck to close the assess- ment hearing on Water Improvement Project No. 1969 -6, Voting in favor were: Philip Cohen, John Leary, Earl Rydberg and Howard Heck, Voting against were: none. Motion carried unanimously. (Councilman Willard returned to the meeting at 8:43 P.M.). Motion by Theodore Willard and seconded by john Leary to close the assessment hearing on Street Improvement Project No. 1969-7. Voting in favor were: Philip Cohen, John Leary, Earl Rydberg, Howard Heck and Theodore Willard. Voting against were: none, Motion carried unanimously. Motion by john Leary and seconded by Theodore Willard to close the assessment hearing on Water Improvement Project No, 1969 -I0, Voting in favor were: Philip Cohen, John Leary, Earl Rydberg, Howard Heck and Theodore Willard. Noting against were: none, .Motion carried unanimously. . -3- Motion by Earl Rydberg and seconded by Howard Heck to close the assessment hearing on Water Improvement Project No; 1969 -12. Voting in favor were Philip Cohen, John Leary, Earl Rydberg, Howard Heck and Theodore Willard. Voting against were: none. Motion carried unanimously. Moron by Howard Heck and seconded by John Leary to close the assessment hearing on Water Improvement Project No, 1969 -28. Voting in favor were: Philip Cohen, John Leary, Earl Rydberg, Howard Heck and Theodore Willard. Voting against were: none. Motion carried unanimously. Motion by Theodore Willard and seconded by Earl Rydberg to close the assessment hearing on Street Improvement Project No, 1969 -29, Voting In favor were: Philip Cohen, John Leary, Earl Rydberg, Howard Heck and Theodore Willard, Voting against were; none. Motion carried unanimously. Motion by Howard Heck and seconded by John Leary to close the assessmen hearing on Water Improvement Project No. 1969 -64. Voting in favor were: Philip Cohen, John Leary, Earl Rydberg, Howard Heck and Theodore Willard. Voting against were: none. Motion carried unanimously. Motion by Earl Rydberg and seconded by Howard Heck to close the assessment hearing on Street Improvement Project No, 1969 -65. Voting in favor were: Philip Cohen, John Leary, Earl Rydberg, Howard Heck and Theodore Willard, Voting against were: none. Motion carried unanimously. Motion by John Leary and seconded by Theodore Willard to close the assessment hearing on Grading, Base & Surfacing Improvement Project No. 1969 -10; Voting in favor were: Philip Cohen, John Leary, Earl Rydberg, Howard Heck and Theodore Willard. Voting against were: none. Motion carried unanimously. Motion by Theodore Willard and seconded by Howard Heck to close the assessment hearing on Curb & Gutter Improvement Project No. 1968 -11. Voting In far were: Philip Cohen, John Leary, Earl Rydberg, Howard Heck and Theodore Willard. Voting against were: none. Motion carried unanimously. Motion by Earl Rydberg and seconded by John Leary to close the assess- ment hearing on Street Improvement Project No. 1969 -32. Voting in favor were: Philip Cohen John Leary, Earl Rydberg, Howard Huck and Theodore Willard. Voting against were: none. Motion carried unanimously. Motion by John Leary and seconded by Theodore Willard to close the assessment hearing on Curb & Gutter Improvement Project No. 1968 -53. Voting in favor were: Philip Cotten, John Leary, Earl Rydberg, Howard Heck and Theodore Willard, Voting against were: none. Motion carried unanimously. Public Works Director Charles Van Eeckhout reviewed Storm Sewer Improvement Project No. 1968 -12 after which property owners present presented arguments elther for or against the proposed assessment. After hearing and considering comments from affected property owners, it was stated by the Mayor thz . he could not conceive the need for any future additional storm sewer service and related assessment in the subject neighborhood area_, Motu by Howard Heck -and seconded by Theodore Willard to close the assessment hearing on Storm Sewer Improvement Project No, 1968-12. Voting in favor were: Philip Cohen, John Leary, Earl Rydberg, Howard Heck and Theodore Willard. Voting against were: none, Motion carried unanimously. Motion by John Leary and seconded by Theodore Willard to declare favorable the following assessment hearings: Street Improvement Project ! 1967 -43 Street Improvement Project trio. 1968 -28 Street Improvement Project into. 1968 -p7 Street IMprovament Proloot - ;o. 1968 -34 Street Improvement Project iito. 1968 -17 Water Improvement Project into, 1968 -45 -4- Street Improvement Project No, 1968 -46 Street Improvement Project No, 1968 -9 Street Improvement Project No. 1968 -25 Water Improvement Project No. 1968 -33 Street improvement Project No. 1968 -34 Water Improvement Project No. 1968 -35 Street Improvement Project No. 1968-36 Water Improvement Project No. 196837 Street Improvement Project No, 1968 -38 Water Improvement Project No, 1969 -39 Sanitary Lateral Sewer Improvement Project No. 1968 -40 Street Improvement Project No. 196841 Water Improvement Project No, 1968 -42 Street Improvement Project No, 196843 Street Improvement Project No, 196847 Water Improvement Project No, 1969 -2 Water Improvement Project No. 1969 -6 Street Improvement Project No, 1969 -7 Water Improvement Project No, 1969 -10 Water Improvement Project No, 1969 -12 Water Improvement Project No, 1969 -28 Street Improvement Project No. 1969 -29 Water Improvement Project No, 1969 -64 Street Improvement Project No. 1969 -65 Grading.. Base & Surfacing Improvement Project No. 1968 -10 Curb & Gutter Improvement Project No. 1968 -11 Street Improvement Project No. 1968 -32 Curb & Gutter Improvement Project No, 196853 Storm Sewer Improvement Project No. 1968 -12 Voting in favor were: Philip Cohen, John Leary,, Earl Rydberg,, Howard Heck and Theodore Willard. Voting against were: none. Motion carried unanimously. The Council recessed at 10:10 P.M. and resumed at 10;32 P.M. Member John Leary introduced the following resolution and moved its adoption; RESOLUTION NO. 69-286 RESOLUTION AUTHORIZING THE ISSUANCE OF TEMPORARY IMPROVEMENT NOTES The motion for the adoption of the foregoing resolution was duly seconded by member Theodore Willard,, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, John Leary,, Earl Rydberg, Howard Heck and Theodore Willard; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. At this time the it a C Manager er Y g announced the appointment of Nor. Arnold Mavis of 6006 Halifax Place as the new Superintendent of Recreation commencing on October 13,, 1969 Motion by John Leary and seconded by Howard Heck to approve the following licenses: Christmas Tree Sales License John Thompson 7236 Lyndale Ave. No. Gasoline Service Station License Spur Station 6830 Osseo Road Heating License Sassco, Inc. 475 - 8th Ave. Sign Hanger's License Brede, Inc. 2211 Broadway N.E. Voting in favor were: Philip Cohen, John Leary, Earl Rydberg, Howard Heck and Theodore Willard. Voting agairlst :were; none. Motion carried unanimously. -5- Motion by Earl Rydberg and seconded by John Leary to reconvene the 1970 budget hearing. After a brief discussion Councilman Rydberg and Councilman Leary withdrew their motion and second to permit the continuance of the liquor license fee discussion commenced earlier in the evening. Councilman Willard, Leary and Rydberg and Mayor Cohen stated opinions that the fee should be $10, 000 per year. Councilman Heck stated his reservation regarding the $10,000 fee and suggested that the fee be established at $8,000. After considerable discussion, the City Manager was directed to prepare an ordinance amending Chapter 23 by establishing a $10,000 on -sale liquor license fee. Motion b Earl Rydberg d s reconv Y y g an se conded by John Leary to reconv n the 1970 budget hearing. Voting in favor were: Philip Cohen, John Leary, Earl Rydberg, Howard Heck and Theodore Willard. Voting against were: none. Motion carried unanimously. The City Manager then continued a general review of the elements of the 1970 budget, answering questions from the CouAcll and offering explanations for the various program accounts reviewed. Following an extensive discussion of the budget, a motion was made by Theodore Willard and seconded by Howard Heck to adjourn the 1970 budget hearing until September 29, 1969. Voting in favor were: Philip Cohen, john Leary, Earl Rydberg, Howard Heck and Theodore Willard. Voting against were- none. Motion carried unanimously. Motion by Earl Rydberg and seconded by John Leary to adjourn the meeting. Voting in favor were; Philip Cohen, john Leary, Earl Rydberg, Howard Heck and Theodore Willard. Voting against were: none. Motion carried unanimously, The Council meeting adjourned at 12:12 A.M., Septern r 23 s 69. C erk ox -� 6- CITY OF BROOKLYN CENTER ORDINANCE NO. 69 -24 AN ORDINANCE AMENDING CHAPTER 11 OF THE CITY ORDINANCES BY REPEALING PORTIONS THEREOF AND BY ADDING PORTIONS THERETO THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section l: Chapter 11 of the City Ordinances is hereby amended by the repeal of the following: (AN ORDINANCE RELATING TO LICENSING AND REGULATING THE USE AND SALE OF INTOXICATING LIQUORS BY CLUBS AND TO PROVIDE PENALTIES FOR VIOLATIONS) ( Section 11 -501. DEFINITIONS. a) The term "club" shall mean and include any corporation duly organized under the laws of the State of Minnesota for civic, fraternal, social or business purposes or for intellectual improvement or for the promotion of sports, which shall have more than fifty members, and which shall for more than a year have owned, hired or leased a building or space in a building of such extent and character as may be suitable and adequate for the reasonable and comfortable accommodation of its members, and whose affairs and management are conducted by a board of directors, executive committee, or other similar body chosen by the members at a meeting held for that purpose, none of whose members, officers, agents, or employees are paid directly or indirectly any compensation by way of profit from the distribution or sale of beverages to the members of the club beyond the amount of such reasonable salary or wages as may be fixed and voted each year by the directors or other governing body. b) The term "person" shall mean and include a natural person of either sex, persons, co- partnerships, corporation s, associations of any persons, and shall include the agent or manager of any of the aforesaid. The singular member shall include the plural, and the masculine pronoun shall include the feminine and neuter.) (Section 11 -502. LICENSE REQUIRED. No person shall sell, deal in, or dispose of by gift, sale, or otherwise any liquor without first having obtained a license so to do from the Village Council; provided, however, that this section shall not prohibit the giving or serving thereof to guests in a private home, shall not prohibit the sale thereof by a manufacturer or distributor to a person holding a license hereunder, and shall in no way affect the operation of the municipal liquor stores.) (Section I1 -503. LICENSES -- KIND AND TO WHOM ISSUED. "On -sale licenses only may be issued to clubs as above defined and shall permit the sale of liquor to club members only for consumption on the premises.) iw y C Section 11 -504 APPLICATIONS FOR LICENSES. All applications for a license hereunder shall be made on forms to be supplied by the Village setting forth all information necessary to show whether or not the club qualifies for such a license under this ordinance, together with such additional information as may be required by the Village Council.) (Section 11 -505 LICENSE FEES AND LIABILITY INSURANCE. All applications for licenses shall be accompanied by a receipt from the Village Clerk for the required annual fee of the license. The fee for said license for one year shall be one hundred dollars ($100.00) . All applications shall also be accompanied by a liability insurance policy which shall be in the amount of ten thousand dollars ($10, 000) coverage for one person and twenty thousand dollars ($20,000) coverage for more than o g ne erson and shall 11 s ecificall p Y provide for the payment by the insurance company on behalf of the insured of all sums the insured shall become obligated to pay by reason of liability imposed upon it by law for injury or damage to persons other than employees, including the liability imposed upon the insured by Minnesota Statutes Section 340.95. Such liability insurance policy shall contain such other and additional provisions as provided by Minnesota Statutes Section 340.12.) (All licenses shall expire on the last day of December in the year in which said license is issued. A fee for the renewal of any license issued under this ordinance shall be paid to the Village Clerk prior to the first day of January of the year for which said license fee is required, and in the event that said payment is made after said date, the license fee established by this ordinance shall be increased ten per cent (10 %) for each month or portion thereof which has elapsed since said date.) (Section 11 -506 APPLICATIONS INVESTIGATED. The Village Council shall cause an investigation to be made of all facts set forth in the application. Opportunity shall be given to any person to be heard for or against the granting of any license. After such investigation of the application, a license may be granted or refused at the discretion of the Village Council.) (Section 11 -507. TERMS AND CONDITIONS OF LICENSES. All licenses granted hereunder shall be issued subject to the following conditions, and all other conditions of this ordinance, and subject to all other ordinances of the Village applicable thereto: a) The license shall be posted at all times in a conspicuous place on the licensed premises. b) No sale of any liquor will be made to any person under guardianship nor 'to any person under 21 years of age. c) No gambling nor any gambling device prohibited by law shall be permitted in any licensed premises. (1) All licenses granted under this ordinance shall be issued to the applicant only and shall be issued for the premises designated in the application. Such license shall not be transferred to another place without the approval of the licensing authority.) Section 11 -507 (continued) ( e) No license shall be granted within six hundred feet (600') of any public school nor within six hundred feet (600') of any church. f) The licensed premises shall be open to inspection by any police or health officer or other properly designated officer or employee of the Village at any time during which the club shall be open to its members for business. g) The sale of intoxicating liquor under such license is restricted to members of the club which holds the license. h) The licensee shall strictly observe all of the laws relative to the "on- sale of intoxicating liquor as set forth in the Minnesota Statutes, together with all the rules and regulations of the State Liquor Control Commission insofar as they are applicable. i) The liability insurance policy as required by this ordinance shall be in full force and effect during the term of any license granted hereunder.) (Section 11 -508. SALES TO INTOXICATED PERSONS PROHIBITED. No licensee shall sell or serve such malt liquor to any intoxicated person or persons or permit any intoxicated person or persons to remain upon the premises occupied by the holder of such license.) (Section 11 -509. DISORDERLY CONDUCT PROHIBITED. No person or persons shall conduct himself or themselves in a disorderly or boisterous manner upon the premises of a licensee holding an "on- sale" license, nor shall such licensee permit or suffer such conduct upon such licensed premises.) ( Section 11 -510 REVOCATION OF LICENSES. Any license granted hereunder may be revoked by the Village Council for cause. Cause for revocation shall be violation by the licensee or its employees of any law of the State of Minnesota relating to intoxicating liquor or violation by the licensee or its employees of any provision or condition of this ordinance. A license shall be deemed revoked upon the passage by the Village Council of a resolution to that effect, and no portion of the license fee paid shall be returned upon revocation.) (Section 11 -511. REPEAL. All ordinances or parts of ordinances of this Village inconsistent herewith are hereby repealed. No provision hereof shall affect the municipal liquor stores.) (Section 11 -512 PENALTIES. Any person violating any of the provisions of this ordinance shall be guilty of a misdemeanor, and upon convic- tion thereof, shall be punished by a fine of not more than one hundred dollars ($100) or imprisonment in the County Jail for not more than ninety (90) days.) I I Section 2; Chapter 11 of the City Ordinances is hereby amended by the addition of the following; AN ORDINANCE RELATING TO LICENSING AND REGULATING THE USE AND SALE OF INTOXICATING LIQUOR Section 11 -501. DEFINITION OF TERMS. I. The term "intoxicating liquor" shall mean and include ethyl alcohol and include distilled fermented, s iritous, vinous, and malt beverages containing in excess of 3. 20 /- of alcohol by weight. 2. The terms "sale " and "sell" mean and include all barters and all mann or means of furnishing intoxicating liquor or liquors as above described in viola - tion or evasion of law. 3. The term "off sale" means the sale of intoxicating liquor in the original package in retail stores for consumption off or away from the premises where s old . 4. The term "on sale" means the sale of intoxicating liquor by the glass, or by the drink for consumption on the premises only. 5. The term "wholesale" means and includes any sale for purposes of resale, The term "wholesaler" means any person engaged in the business of selling intoxicating liquor to retail deal 6. The term "manufacturer" includes ever y person who, by any process of manufacture, fermenting, brewing, distilling, refining, rectifying, blending, or by the combination of different materials , prepares or produces intoxicating liquors for sale. 7. As used in this ordinance the term "person" includes a natural person of either sex, co- partnership, corporation and association of persons and the agent or manager of any of the aforesaid The singular number includes the plural and the masculine pronoun includes the feminine and neuter. 8. The terms "package" or "original package" means any corked or sealed con- tainer or receptacle holding intoxicating liquor. Section 11 -501 (continued) 9. The term "hotel" means and includes any establishment having a resident proprietor or manager, where, in consideration of payment therefor, food and lodging are regularly furnished to transients, which maintains for the use of its guests not less than 100 guest rooms with bedding and other usual, suitable and necessary furnishings in each room, which is provided at the main entrance with a suitable lobby, desk, and office for the registration of its guests on the ground floor, which employs an adequate staff to provide suitable and usual service, and which maintains under the same management and control as the rest of the establish- ment and has, as an integral part thereof, a dining room with appropriate facilities Tor seating not less than 100 guests at one time, where the general public are, in consideration of payment therefor, served with meals at tables. 10. The term "restaurant" means any establishment, other than hotel, under the control of a single proprietor or mana er, having appropriate facilities to serve meals and for seatin2 not less than 150 guests at one time and where in consideration of payment therefor, meals are regularly served at tables to the g eneral public and which employs an adequate staff to rovide the usual and suitable service to its 2uests and the principal part of the business of which is the serving of foods 11. The term "club" means and includes an cor oration duly organized under the laws of the State for civic, fraternal social or business purposes or for intellectual improvement or for ti promotion of sports which has been in existence for more than 15 years, and any congressionally chartered veterans' organization which has been in existence for more than 10 years rior to Tanuary 1 , 1961, jvhich shall have more than fifty members , and which shall, for more than a year have owned hired, or leased a buildinq ors ace in a building of such extent and character as may be suitable and adequate for the reasonable and comfortable accomodation of its members and whose affairs and mana ement are conducted by a board of directors executive committee or other similar body chosen by the members at a meeting held for that purpose, none of whose members, officers, agents or employees are paid directly or indirectly any compensation by way of profit from the distribution or sale of beverages to the members of the club or to its guests, beyond the amount of such reasonable salary or wages as may be fixed and voted each year by the directors or other governing body. I loop I Section 11 -502. LICENSE REQUIRED l . No person except wholesalers or manufacturers to the extent authorized under State License, and except the municipal liquor dispensary, shall directly or indirectly deal in, sell, or keep for sale any intoxicating liquor without first having received a license to do so as12rovided in this ordinance Licenses shall be of two kinds; "On Sale" and "On Sale Club". 2. "On Sale" licenses shall be issued only to hotels and restaurants 3. "On Sale Club" licenses shall be issued only to clubs Section 11 -503. NUMBER OF LICENSES ISSUED It is hereby declared to be the public policy of the City of Brooklyn Center to issue one less "on sale" liquor license than authorized by state laws and to thereby avoid the abandonment of the municipal "off sale" liquor store operations Unless otherwise authorized by a majority of voters voting on the question at a special election call for such purpose, the City Council shall not issue the maximum number of liquor licenses authorized by Minnesota Statutes 340.353 as amended by Senate File 271, 1969 Minnesota Legislature. Section 11 -504. APPLICATIONS FOR LICENSE Every application for a license to sell intoxicating liquor shall be verified and filed with the City Clerk. In addition to the information which may be required by the State Liquor Control Commissioner's form, the application shall contain the following: 1. Whether the applicant is a natural person, cor oration, partnership or other form of organization. 2. Type of license applicant seeks 3. If the applicant is a natural person, the following information: A. True name, place and date of birth, and street resident address of applicant. i B. Whether applicant has ever used or been known by a name other than his true name and, if so, what was such name, or names, and information concerning dates and places where used . C. The name of the business if it is to be conducted under a designation, name or style other than the full individual name of the applicant; in such case a copy of the certification, as required by Chapter 333, Minnesota Statutes, certified by the Clerk of the District Court, shall be attached to the application. D_ . Whether applicant is married or single, If married, true name, place and date of birth and street residence address of applicant's present spouse. E. Whether applicant and present spouse are registered voters and if so, where F. Street address at which applicant and present spouse have lived during the preceding ten years. Section 11 -504 (continued) G. Kind, name and location of every business or occupation applicant or present spouse have been en aged in during the preceding ten years H. Names and addresses of applicant's and spouse's employers and partners, if any, for the preceding ten years. I. Whether applicant or his spouse, or a parent, brother, sister or child of either of them, has ever been convicted of any felony, crime o violation of any ordinance, other than traffic. If so, the applicant shall furnish information as to the time, place and offense for which con victions were had. J. Whether applicant or his spouse, or a parent, brother, sister or child of either of them has ever been engaged as an employee or in operating a saloon, hotel, restaurant, cafe, tavern or other business of a similar nature. If so, applicant shall furnish information as to the time, place and length of time. K. Whether applicant has ever been in military service, If so, applicant shall upon request, exhibit all discharges q ch P L. The name, address and business address of each person who is engaged in Minnesota in the business of selling, manufacturing or distributing intoxicating liquor and who is nearer of kin to the applicant or his spouse than second cousin, whether of the whole or half blood, computed by the rules of civil law, or who is a brother -in -law or sister -in -law of the applicant or his spouse. 4. If the applicant is a partnership, the names and addresses of all partners and all information concerning each partner as is required of a single applicant in Subsection 3 above. A managing artner, or artners shall b designated. e e a he i n ted. �T q p P g T interest of each partner in the business shall be disclosed A true copy of the partnership agreement shall be submitted with the application and, if the partnership is required to file a certificate as to a trade name under the provisions of Chapter 333, Minnesota Statutes, _ a copy of such certificate certified by the Clerk of District Court shall be attached to the app lication. 5. If the applicant is a corporation or other organization and is ap for an "on sale" license, the following: A. Name, and if incorporated, the state of incorporation B. A true copy of Certificate of Incorporation, Articles of Incorporation or Association Agreement and By -Laws and if a foreign corporation, a Certificate of Authority as described in Chapter 303, Minnesota Statutes. C. The name of the manager or proprietor or other agent in charge of the premises to be licensed, giving all the information about said person as is required of a single applicant in Subsection 3 above. i Section 11 -504 (continued) D. Notwithstanding the definition of interest as given in Section 11 -509 Subdivision 10, the application shall contain a list of all persons who, singly or together with their spouse, or a parent, brother, sister or child or either of them, own or control an interest in said corporation or association in excess of 5 0 /o or who are officers of said corporation or association, together with their addresses and all information as is required of a single applicant in Subsection 3 above. 6. If the application is for an "On Sale Club" license, the following information: A. The name of the club. B. Date that club was first incorporated. True copies of the Articles of Incorporation, By -Laws and the names and street addresses of all officers, executive committee and board of directors shall be submitted. C. A sworn statement that the club has been in existence for more than fifteen years or, in the event that the applicant is a congressionally chartered veteran's organization, in existence for more than ten years prior to January 1, 1961. The statement shall be made by a person who has personal knowledge of the facts stated therein. In the event that no person can make such a statement, satisfactory documentary proof may be submitted in support of such facts. D . The number of members. E_ . The name of the manager, proprietor or other person who shall be -in charge of the licensed premises together with the same information concerning such person as is required of a single applicant for an "on sale" license as is set forth in Subsection 3 above. 7. The exact le al description of the premises to be licensed together with a plot plan of the area showing dimensions and location of buildings. 8. An applicant for an "on sale" license shall submit a floor plan of the dining room, or dining rooms, which shall be open to the public, shall show dimensions and shall indicate the number of persons intended to be served in each of said rooms 9. If a permit from the Federal government if required by the Laws of the United States, indicate whether or not such permit has been issued, and if so required, in what name issued and the nature of the permit 10. The amount of the investment that the applicant has in the business, building, premises, fixtures, furniture, stock in trade, etc , and proof of the source of such money. Section 11 -504 (continued) 11. The names and addresses of all persons,other than the applicant, who have any financial interest in the business, buildings, premises, fixtures, furniture, stock in trade; the nature of such interest, amount thereof, terms for payment or other reimbursement. This shall include, but not be limited to, any lessees, lessors, mortgagees, mortgagors, lendors , lien holders, trustees, trustors and persons who have cosigned notes or otherwise loaned, pledged, or extended security for any indebtedness of the applicant, but shall not include persons owning or controlling less than a 5% interest in the business, if a corporation 12. The names, residences and business addresses of three persons, residents of the State of Minnesota, of good moral character, not related to the applicant or financially intcrested inthe premises or business, who may be referred to as to the applicant's character or, in the case where information is required of a manager, the manager's character. 13. Whether or not all real estate and personal property taxes for the premises to be licensed which are due and payable have been paid, and if not paid, the years and amounts which are unpaid 14. Whenever the application for an "on sale" license to sell intoxicating liquor, or for a transfer thereof, is for premises either Manned or under construction or undergoing substantial alteration, the application shall be accompanied by a set of preliminary plans showing the design of the proposed premises to be licensed If the plans or design are on file with the Building Department, no plans need be filed with the Cif Clerk 15. Such other information as the City Council shall require Section 11 -505. RENEWAL APPLICATIONS Applications for the renewal of an existing license shall be made at least 60 days prior to the date of the expiration of the license. If, in the 'ud ement of the City Council, good and sufficient cause is shown by an applicant for his failure to file for a renewal within the time provided, the City Council may, if the other provisions of this ordinance are complied with, grant the application. At the earliest practicable time after application is made for a renewal of an "on sale" license, and in any event prior to the time that the application is considered by the City Council, the applicant shall file with the City Clerk a statement prepared by a certified 12ublic accountant that shows the total gross sales and the total food sales of the restaurant for the twelve -month period immediately preceding the date for filing renewal applications. A foreign corporation shall file a current Certificate of Authority Section 11- 506._ EXECUTION OF APPLICATION If the application is by a natural person, it shall be signed and sworn to by such person; if by a corporation) by an officer thereof; if by a partnership, by one of the partners; if by an unincor- porated association, by the manager or managing officer thereof. If the applicant is a partnership, the application, license and bond (or insurance policy) shall be made and issued in the name of all partners. Section 11 -507. LICENSE FEES 1 The annual license fee for "on sale" license shall be in an amount as set forth in Section 23 -010 of the City Ordinances The annual license fee for an "on sale club" license shall be $100 00 2. The annual license fee shall be paid in full before the application for a license is accepted All fees shall be paid into the general fund of the City All licenses shall expire on the last day of December of each year. Upon rejection of any application for a license or upon withdrawal of application before approval of the issuance by the City Council the license fee shall be refunded to the applicant 3, The fee for an "on sale" or "on sale club" license granted after the commence - ment of the license vear shall be prorated on a daily basis 4. When the license is for a premises where the building is not ready for occupancy the time fixed for computation of the license fee for the initial license period shall be ninety days after approval of the license by the City Council or upon the date the building is readv for occupancy, whichever is sooner 5. No transfer of a license shall be permitted from place to place or person to person without complying with the requirements of an original application except as provided by Subd 9 of this Section 6. No part of the fee paid for any license issued under this ordinance shall be refunded except in the following instances upon application to the Council within 30 days from the happening of the event The Council may in its judgment refund a pro rata portion of the fee for the unexpired period of the license computed on a monthly basis when operation of the licensed business ceases not less than one month before expiration of the license because of: (1) destruction or damage of the licensed premises by fire or other catastrophe (2) the licensee's illness (3) the licensee's death (4) a change in the legal status of the municipality making it unlawful for a licensed business to continue 7 At the time of each original application fora license except in the case of an "on sale club" license the applicant shall pay in full an investigating fee For a single natural person the investigating fee shall be $75 00 For a partner - ship, the investigating fee shall be $150.00. For a corporation or other associa- tion, the investigating fee shall be $300.00. No investigating fee shall be refunded. 8. At any time that an additional investigation is required because of a change in the ownership or control of a corporation or because of an enlargement, alteration, or extension of premises previously licensed, the licensee shall pay an additional investigating fee in the amount of $ 50 00 Section 11 -507 (continued) 9. Where a new application is filed as a result of incorporation by an existing licensee and the ownership control and interest in the license are unchanged no additional license fee will be required Section 11 -508. INVESTIGATION OF APPLICATIONS 1 All applications for a license shall be referred to the Chief of Police and to such other City Departments as the City Manager shall deem necessary, for verification and investigation of the facts set forth in the application The Chief of Police shall cause to be made such investigation of the information requested in Section 11 -504 Subdivision 3 as shall be necessary and shall make a written recommendation and report to the City Council The City Council may order and conduct such additional investigation as it shall deem necessary, Section 11 -509. PERSONS INELIGIBLE FOR LICENSE No license shall be granted to or held by any person: 1 . Under 21 years of age. 2. Who is not of good moral character. 3. Who, if an individual is an alien 4. Who has been convicted within 15 years prior to the application for such license, of any wilful violation of any law of the United States the State of Minnesota, or anv other State or Territory, or of any local ordinance regarding the manufacture, sale, distribution or possession for sale or distribution of intoxicating liquor, or whose liquor license has been revoked for any wilful violation of any law or ordinance 5. Who is a manufacturer or wholesaler of intoxicating liquor and no manu- facturer or wholesaler shall either directly or indirectly own or control or have anv financial interest in any retail business selling intoxicating liquor, 6. Who is directly or indirectly interested in any other establishment in the City of Brooklvn Center to which an "on sale" license has been issued under this ordinance. 7. Who, if a corporation does not have a manager who is eligible pursuant to the provisions of this section 8. Who is the spouse of a person ineligible for a license pursuant to the pro - visions of Subd. 4,..-5, or 6 of this section or who in the iudgment of the City Council, is not the real party in interest or beneficial owner of the business operated, or to be operated under the license Section 11 -509 (continued) 9. An "on sale" license will not be renewed if, in the case of an individual the licensee is not a resident of the Twin Cities Metropolitan Area at the time of the dates- for renewal; if, in the case of a partnership the managing partner is not a resident of the Twin Cities Metropolitan Area at the time of the renewal; or in the case of a corporation if the manager is not a resident of the Twin Cities Metropolitan Area at the time of the date of renewal. The TWIN CITIES METROPOLITAN AREA is defined as being comprised of the counties of Anoka Carver Dakota Hennepin Ramsey, Scott and Washington 10. No person shall own an interest in more than one establishment or business within Brooklyn Center for which an "on sale" license has been aranted The term "interest" as used in this section includes any pecuniary interest in the ownership, operation management or profits of a retail liquor establishment but does not include bona fide loans; bona fide fixed sum rental agreements bona fide open accounts or other obligations held with or without security arising out of the ordinary and regular course of business of selling or leasing merchandise fixtures or supplies to such establishment; or an interest of 10 per cent or less in any corporation holding a license A person who receives moneys from time to time directly or indirectly from a licensee in the absence of a bona fide con- sideration-therefor and excluding bona fide gifts or donations shall be deemed to have a pecuniary interest in such retail license In determining "bona fide" the reasonable value of the goods or things received as consideration for any Payment by the licensee and all other facts reasonably tending to prove or dis- prove the existence of any purposeful scheme or arrangement to evade the pro - hibitions of this section shall be considered. Section 11 -510. PLACES INELIGIBLE FOR LICENSE 1 . No license shall be granted, or renewed for operation on any premises on which taxes, assessments or other financial claims of the City or of the State are due, delinquent or unpaid In the event an action has been commenced pursuant to the provisions of Chapter 278 Minnesota Statutes questioning the amount or validity of taxes the Council may, on application by the licensee waive strict compliance with this provision; no waiver may be aranted however for taxes or any portion thereof, which remain unpaid for a period exceeding one Year after becoming due 2. No license shall be issued for the premises owned by a person to whom a license may not be granted under this ordinance except any owner who is a minor, alien, or a person who has been convicted of a crime other than a violation of Minnesota Statutes Sections 340 07 through 340 39 3. No "on sale" license shall be granted for a restaurant that does not have a dining area, open to the general public, with a total minimum floor area of 1800 square feet or for a hotel that does not have a dining area open to the general public with a total minimum floor area of 1200 square feet 4. No license shall be granted for any place which has a common entrance or exit between any two establishments except that a public concourse or public lobby shall not be construed as a common entrance or exit Section 11 -511. CONDITIONS OF LICENSE 1. Every license shall be granted subject to the conditions of the following subdivisions and all other subdivisions of this ordinance and of any other applicable ordinance of the City or State law. 2. The license shall be posted in a conspicuous place in the licensed establishment at all times . 3. Any police officer, building inspector, or any employee so designated by the City Manager shall have the unqualified right to enter, inspect, and search the premises of the licensee during business hours without a warrant 4. Every licensee shall be responsible for the conduct of his place of business and the conditions of sobriety and order in the place of business and on the premises. 5. No "on sale" licenses shall sell intoxicating liquor "off sale" 6 No license shall be effective beyond the space named in the license for which it was granted 7. No intoxicating liquor shall be sold or furnished or delivered to any intoxicated person, to any habitual drunkard to any person under 21 years of age or to any person to whom sale is prohibited by State law. 8. No person under 21 years of age shall be employed in any rooms constituting the place in which intoxicating liquors are sold at retail "on sal except that persons under 21 years of age may be employed to perform the duties of a busboy or dishwashing services in places defined as a restaurant or hotel or motel serving food in rooms in which intoxicating liquors are sold at retail "on sale" 9. No equipment or fixture in any licensed place shall be owned in whole or in Part by any manufacturer or distiller of intoxicating liquor except such as shall be expressly permitted by State Law. 10. No licensee shall sell offer for sale, or keep for sale, intoxicating liquors from any original package which has been refilled or partly refilled No licensee shall directly or through any other person delete or in any manner tamper with the contents of any original package so as to change its composition or alcoholic content while in the original package Possession on the premises by the licensee of any intoxicating liquor in the original package differing in composition or alcoholic content in the liquor when received from the manufacturer or wholesaler from whom it was purchased shall be prima facie evidence that the contents of the original package have been diluted.-- changed or tampered with 11. No licensee shall apply for or possess a Federal Wholesale Liquor Dealer's_ special tax stamp or a Federal gambling stamp 12. No licensee shall keep ethyl alcohol or neutral spirits on his licensed prem se. on the uremises as a beverage or mixed with a bay eraae . - Section 11 -511 (continued) 13. The business records of the licensee, including Federal and State tax returns_ shall be available for insp ction by the City Manager, or other duly authorized representative of the Citv at all reasonable times 14, Changes in thQ corporate or association officers. corporate charter articles of incorporation by -laws or partnership aareem nt as the case may be shall be submitted to the City Clerk within 30 days after such changes are made, In the case of a corporation, the licensee shall notify the City Clerk when a person not listed in the application acquires an interest which together with that of his spouse. parent brother, sister or child. exceeds 5% and shall give all informa- tion about said person as is r auired of a ierson pursuant to the provisions of Section 11 -504 Subdivision 3 of this ordinance, 15. At the time a licensee submits his application for renewal of a license he shall state the nature and amount of anv contribution he has made in the preceedina five vears for state and local campaign or political purposes the person to whom the contribution was made and the-person or organization for whom intended 16 A licens d r staurant shall be conducted in uch a manner that t principal mart of the business for a license vear is the serving of foods ..,L I. A hotel shall be conducted in such a manner that of that part of the total business attributable to or derived from the serving of foods and intoxicating liquors the principal Part of the business for a license vear is the serving of foods 17, No licensee shall keep possess or operate or permit the keeping possession or operation of any gambling device or apparatus on the licensed Premises. and he shall 11 not i2grmit an g ambling therein. 18, No licensee shall knowingly permit the licensed. premises or any room in those premises or any adjoining building directly or indirectly under his control to be used as a resort for prostitutes Section 11 -512 HOURS OF OPERATION, No sale of intoxicating liquor shall be made aft r 1:00 A, M . on Sunday nor until 8:00 A. M. on Monday nor between th hours of 1.00 A M and 3.00 P.M. on any M moral a i D no b tw n the hours of 1.00 A M and 8.00 P.M. on any primary. special or general election of the Citv of Brooklvn C nter No "on sale" shall be made between the hours of 100 A. M. and 8.00 A.M. on any weekday. Section _11 - 513. CLUBS No club holding an "on sale club" license shall sell intoxicating liquor except to members and bona fide guests Section 11 -514. RESTRICTIONS ON PURCHASE AND CONSUMPTION. 1 . No person under 21 years of age shall misrepresent his age for the purpose of obtaining intoxicating liquor nor shall he enter any premises licensed for the retail sale of intoxicating liquor for the purpose of purchasing or having served or delivered to him for consuming any such intoxicating liquor, nor shall any such person purchase, attempt to purchase, consume, or have another person Purchase for him any intoxicating liquor. Section 11 -.514 (continued) 2. No person under 21 vears of age shall receive delivery of intoxicating liquor 3. No person shall induce a person under the age of 21 years to purchase or procure or obtain intoxicating liquor. 4. Any person who may appear to the licensee his emplovees or agents to be under the age of 21 years shall upon demand of the licensee his emplovee or agent produce and permit to be examined an identification certificate issued by any clerk of the District Court in the State of Minnesota pursuant to Section 626 1 _ .31 through 626.319 Minnesota Statutes 5. In every prosecution for a violation of the provisions of this ordinance relating to the sale or furnishing of intoxicating liquor to persons under the age of 21 years and in evgry proceeding before the City Council with respect thereto the fact that the minor involved has obtained and presented to the licensee his emplovee or agent a verified identification card issued by the Clerk of any District Court in the State of Minnesota from which it appears that said person was 21 years of age and was regularly issued such identification card, shall be prima faci evid nce that the licensee his a nt or employee is not guilty p e e ae g v of a_ violation of such a provision and shall be conclusive evidence that a violation if one has occurred, was not wilful or intentional 6. Any person who may appear to the licensee his employee or agent to be under 21 Years of age and who does not have in his possession any identifi- cation certificate as above described may sign and execute a statement in writing as follows READ CAREFULLY BEFORE SIGNING The following are excerpts from the Laws of the State of Minnesota Section 340.731 Minnesota Statutes Minors Forbidden Acts or Statements• "It shall be unlawful for: Any person to miss rresent or missta e h;s or h r age, or the age of any other person for the purpose of inducing any licensee or any employee of any licensee or any employee of any municipal liquor store, to sell serve or deliver any alcoholic beverage to a minor; A Minor to have in his possession any intoxicating liquor with intent to consume same at a place other than the household of his parent or guardian. VIOLATION OF THE ABOVE MINNESOTA LAW IS A MISDEMEANOR PUNISHABLE BY A FINE OF $300 00 OR A 90 -DAY IMPRISONMENT e OR BOTH. Section 11-514 (continued) My age is Date of Birth Place of Birth My address is Dat d• Type of Identification Witness Signed The above form shall be furnished at the expense-of all licensees desiring to use the same and when prop rlv executed may be considered as evidence in any prosecution and by the City Council in anv proceeding before the Council or a_ committee thereof relating to the business or operations of the licensee Such forms after execution shall be kept on file by the licensee for a period of LD year. 7. No person shall give sell procure or purchase- intoxicating liquor to or for any person to whom the sale of intoxicating liquor is forbidden by law, 8. No intoxicating liquor shall be consumed on a public highway or in an automobile, Section 11 -515. LIABILITY INSURANCE 1. Insurance Required At the time of filing an application for either an "on sale" or an "on sale club liquor license the applicant shall file with the City Clerk a liability insurance policv which shall bQ. subi ct to the approval of the Citv Council The insurer on such liability insurance Policy shall be duly lic ns d to do business in the Mate of Minnesota and the insurancQ policy shall be approved as to form and -Qxecution by the City Attorney Such liability insurance policy shall be in the amount of not less than $10.000 coverage for one Person and $20,000 coverage for_ more than on person and shall specifically provide for the pavment by the in urance company on b half of the insured of all sums which the insured shall become oblig d to pay by reason of liability imposed upon him by law for injuries or damaaes to persons other than employees including the liability impoa2L upon the insured by reason of Section 340.95. Minnesota Statutes Such liability insurance policv shall further provide that no cancellation for any cause can be made either by the insured or the insurance company without first giving 10 days' notice to the City in writing of intention to cancel the same addressed to the City Clerk. Further, it shall provide that no payment of anv claim by the insurance company shall in any manner, decrease the coverage provided for in respect to any other claim or claims brought against the insured or comp_ anv thereafter. Such policy shall be conditioned that the insurer shall pay, to the extent of the principal amount of the Policy, anv damaaes for death or iniury caused by or resulting from the violation of any law relating to the business for which such license has been granted. The licensee and the Citv shall be named as joint insureds on the liability insurance policy Section 11 -516. REVOCATION 1. The City Council may suspend or revoke any intoxicating liquor license for the violation of any provision or condition of this ordinance or of any State law or Federal law regulating the sale of intoxicating liquor and shall revoke such license for any wilful violation which under the laws of the State is grounds for mandatory revocation and shall revoke for failure to keep the insurance required by Section 11 - 515 in full force and effect Except in the case of a suspension pending a hearing on revocation non - mandatory revocation or suspension by the Council shall be pr ceeded by written notice to the licens e and a public hearing The notice shall give at bast ten days' notice of the time and place of the hearing and shall state the nature of the charges against the licensee. The Council may, without any notice spend any license pending a hearing on revocation for a period not exceeding 30 days, Thg-noticQ may be served upon the licensee personally or by leaving_ the same at the licensed premises with the person in thereof. No suspen sion after public hearing shall exceed 60 days Section 11 -517 PENALTIES Any Berson violating any provision of this ordinance shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished by .a fine of not more than Three Hundred ($300.00) Dollars and imprisonment for not more than 90 days Section 3: This ordinance shall become effective after adoption and thirty days following its legal publication. Adopted this 22nd day of September 1969. Mayor ATTEST: Clerk Published in the Official Newspaper August 21, 1969 Effective Date September. 20, 1969 (Brackets indicate matter to be deleted, underline indicates new matter)