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Authorizing Prom Management Group to use the Department of Parks and Recreation's Liquor On Sale, Liquor On Sunday, Liquor Outside Service-Patio, and Entertainment B licenses for the Phalen Golf Course and Clubhouse.
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WHEREAS, the Saint Paul Department of Parks and Recreation holds Liquor On Sale, Liquor On-Sale Sunday, Liquor Outside Service-Patio and Entertainment B licenses for the Phalen Golf Course and Clubhouse, located at 1615 Phalen Boulevard in Saint Paul; and
WHEREAS, Minnesota Laws 1997, Chapter 129, Article 1, amending Minnesota Laws 1990, Chapter 554, Section 19 allows the sale and service of liquor pursuant to those licenses, with City Council approval, by persons who have contracted with the Department for the sale and service of alcohol; and
WHEREAS, Prom Management Group has contracted with the City, through the Department of Parks and Recreation, to manage the Phalen Golf Course and Clubhouse; and
WHEREAS, the Department wishes to authorize Prom Management Group to use its Liquor On Sale, Liquor On-Sale Sunday, Liquor Outside Service-Patio and Entertainment B licenses for the Phalen Golf Course and Clubhouse;
NOW THEREFORE BE IT RESOLVED that Prom Management Group is authorized to use the Department of Parks and Recreation's Liquor On Sale, Liquor On-Sale Sunday, Liquor Outside Service-Patio and Entertainment B licenses for the Phalen Golf Course and Clubhouse under the following terms and conditions.
1. Sales shall occur only during the hours and days of service permitted by State law.
2. Prudent care will be taken to ensure that all sales are made only to persons age 21 and over.
3. Prudent care will be taken to ensure that no sales are made to individuals who are or appear to be intoxicated.
4. That Prom Management Group agrees to defend and hold harmless the City of Saint Paul, its agents, officials, and employees from any and all liability for claims of injury, death, or property damage relating to or resulting from the sale, use, consumption, or distribution of alcoholic beverages on or about the premises managed and under control of Prom Management. Prom Management specifically agrees that it will take all steps required by the State of Minnesota to ensure that all persons involved in the sale, use, or distribution of alcoholic beverages on or about the premises, have received the required State of Minnesota training for serving and distributing alcohol. Such training shall include, but not limited to, checking for proper identification before selling alcohol, not serving to minors, recognizing the signs of excessive consumption, and how to refuse to serve someone.
Any failure or negligence on the part of Prom Management to comply with any rules, regulations, or training relating to the sale, use, or distribution of alcoholic beverages shall be the exclusive and sole liability of the Saints and in no way shall that liability be transferred onto the City of Saint Paul.
5. Prom Management Group shall obtain and keep in force dramshop insurance that names the City of Saint Paul, its employees, agents, and officers as additional insureds. This policy is in addition to any other insurance required by the Management Agreement.