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Any sale of an alcoholic beverage in or from any premises licensed under this chapter by any employee authorized to make the sale in or from the place is the act of the employer as well as of the person actually making the sale; and every employer is liable to all of the penalties, except criminal penalties, provided by law for the sale, equally with the person actually making the sale.
(1989 Code, § 5.09)
(A) All premises licensed under this chapter shall at all times be open to inspection by any police officer to determine whether or not this chapter and all other laws are being observed. All persons, as a condition to being issued the license, consent to the inspection by the officers and without a warrant for searches or seizures.
(B) It is unlawful for any licensee or agent or employee of a licensee to hinder or prevent a police officer from making the inspection.
(1989 Code, § 5.10) Penalty, see § 112.999
(A) Fixing fees. Except as otherwise specifically provided, all fees for licenses provided for in this chapter, including but not by way of limitation license fees, investigation and administration fees, shall be fixed and determined by the Council, adopted by resolution and uniformly enforced. These fees may, from time to time, be amended by the Council by resolution; provided, however, that before any fee shall be increased, a 30-day notice shall be mailed to all affected licensees and a hearing held thereon. A copy of the resolution shall be kept on file in the office of the City Administrator/Clerk-Treasurer and open to inspection during regular business hours. For the purpose of fixing the fees, the Council may categorize and classify, provided, that the categorization and classification shall be included in the resolution authorized by this section.
(B) Refundment. A pro rata share of an annual license fee for a license to sell alcoholic beverages, either on-sale or off-sale, shall be refunded to the licensee, or to his or her estate, if:
(1) The business ceases to operate because of destruction or damage;
(2) The licensee dies; or
(3) The business ceases to be lawful for a reason other than a license revocation or suspension.
(1989 Code, § 5.11) (Ord. 10, 2nd Ser., eff. 12-9-1994)
(A) Proof. No alcoholic beverage license shall be issued or renewed unless and until the applicant has provided proof of financial responsibility, imposed by statute, by filing with the city:
(1) A certificate that there is in effect an insurance policy or pool providing minimum coverages in the following amounts, effective May 12, 2011:
(a) At least $50,000 because of bodily injury to any one person in any one occurrence, and, subject to the limit for one person, in the amount of $100,000 because of bodily injury to two or more persons in any one occurrence, and in the amount of $10,000 because of injury to or destruction of property of others in any one occurrence;
(b) Fifty thousand dollars for loss of means of support of any one person in any one occurrence, and, subject to the limit for one person, $100,000 for loss of means of support of two or more persons in any one occurrence; and
(c) Fifty thousand dollars for other pecuniary loss of any one person in any one occurrence, and $100,000 for other pecuniary loss of two or more persons in any one occurrence; an annual aggregate of $300,000 may be included in the insurance coverage.
(2) A bond of a surety company with minimum coverages as provided in division (A)(1) of this section; or
(3) A certificate of the State Treasurer that the licensee has deposited with him or her $100,000 in cash or securities which may legally be purchased by savings banks or for trust funds having a market value of $100,000.
(B) Exception. This section does not apply to on-sale beer licensees with sales of beer of less than $25,000 for the preceding year, nor to off-sale beer licensees with sales of beer of less than $50,000 for the preceding year, nor does it apply to holders of on-sale wine licenses with sales of wine of less than $25,000 for the preceding year. An affidavit of the licensee shall be required to establish the exemption under this division (B).
(C) Documents submitted to Commissioner. All proofs of financial responsibility and exemption affidavits filed with the city under this section shall be submitted by the city to the Commissioner.
(1989 Code, § 5.12) (Ord. 29, 2nd Ser., eff. 5-14-1999; Ord. 59, 2nd Ser., passed 5-3-2011)
Whenever an insurance certificate is required by this chapter the applicant shall file with the City Administrator/Clerk-Treasurer a certificate of insurance showing that the limits are at least as high as required; that coverage is effective for at least the license term approved; and that the insurance will not be canceled or terminated without 30 days’ written notice served upon the City Administrator/Clerk-Treasurer. Cancellation or termination of the coverage shall be grounds for license revocation.
(1989 Code, § 5.13)
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