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Home My Public Portal About2023-88 Resolution Authorizing Sale of Liquor at Celebration Day by Medina RecreationsResolution 2023-88 September 5, 2023 Member Albers introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION NO. 2023-88 RESOLUTION AUTHORIZING LICENSEE TO DISPENSE LIQUOR AT HAMEL LEGION PARK DURING MEDINA CELEBRATION DAY WHEREAS, Minnesota Statutes, section 340A.404, subd. 4(b) provides that the governing body of a municipality may authorize the holder of a retail on-sale intoxicating liquor license issued by the municipality to dispense intoxicating liquor off premises at a community festival held within the municipality; and WHEREAS, Medina Celebration Day is an annual event held this year on Saturday, September 16, 2023 at Hamel Legion Park, 3200 Mill Street, Medina, MN; and WHEREAS, Medina Celebration Day has the objective of promoting a spirit of pride, a sense of community, and an atmosphere of celebration for Medina residents; and WHEREAS, Medina Recreations, Inc., doing business as Medina Entertainment Center (the “Licensee”), located at 500 T.H. 55, Medina, Minnesota, currently holds a retail on-sale intoxicating liquor license issued by the city; and WHEREAS, Licensee desires to provide liquor sales during Medina Celebration Day and intends to adhere to all state and local laws related to such sales; and WHEREAS, the city of Medina will specify a designated area in Hamel Legion Park in which intoxicating liquor may be dispensed by Licensee and consumed by patrons of Medina Celebration Day. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Medina that Licensee is authorized to sell intoxicating liquor during Medina Celebration Day on September 16, 2023 at Hamel Legion Park, 3200 Mill Street, Medina, MN, subject to the following conditions: (i) Licensee provides proof of liability insurance, as prescribed by Minnesota Statutes, section 340A.409, to cover the event; and (ii) Licensee shall sign an agreement in substantially the form set forth in Exhibit A of this resolution to indemnify and hold the city harmless for Licensee’s conduct related to alcohol sales authorized herein. Dated: September 5, 2023. ______________________________ Kathleen Martin, Mayor Resolution 2023-88 September 5, 2023 ATTEST: ___________________________________ Caitlyn Walker, City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member Cavanaugh and upon vote being taken thereon, the following voted in favor thereof: Albers, Cavanaugh, DesLauriers, Martin, Reid And the following voted against same: None Whereupon said resolution was declared duly passed and adopted. Resolution 2023-88 September 5, 2023 EXHIBIT A INDEMNIFICATION AGREEMENT This AGREEMENT (“Agreement”) is made this 5th day of September, 2023, by and between the city of Medina, a Minnesota municipal corporation (the “City”), and Medina Recreations, Inc., doing business as Medina Entertainment Center, a M inne sot a co rpor ation (the “Licensee”). RECITALS WHEREAS, Licensee is the holder of an on-sale intoxicating liquor license in the City; and WHEREAS, Licensee has requested that the City allow it to dispense intoxicating liquor off premises during Medina Celebration Day, an annual event to be held this year on Saturday, September 16, 2023 at Hamel Legion Park, 3200 Mill Street, Medina, MN (the “Event”); and WHEREAS, Minnesota Statutes, section 340A.404, subdivision 4(b) allows a city council to authorize the holder of a retail on-sale intoxicating liquor license issued by the city to dispense intoxicating liquor at a community festival held within the city; and WHEREAS, pursuant to the above-referenced statute, the City has agreed to authorize Licensee to sell intoxicating liquor during the Event, subject to Licensee providing insurance and assuming liability for its activities associated with the Event, and complying with the specific rules applicable to the respective public facility; and NOW, THEREFORE, in consideration of the City’s actions described above, the parties agree as follows: AGREEMENT 1. Licensee agrees to follow all ordinances, rules, and regulations of the City and the State of Minnesota regarding its use of the identified City facility and its sale of intoxicating liquor at the Event. 2. Licensee shall ensure that all intoxicating liquor that it dispenses is dispensed and consumed within the designated area at the Event. 3. Prior to the Event, Licensee shall provide City staff, for its review and approval, a certificate of insurance evidencing that it has liquor liability insurance for the Event. This insurance shall comply with the requirements of state liquor laws. The City shall be named as an additional insured with respect to these policies. 4. In addition to the required insurance coverage, Licensee shall defend, indemnify and hold harmless the City, its officials, employees, contractors and agents from and against any and Resolution 2023-88 September 5, 2023 all claims, damages, losses, or expenses, including attorneys’ fees, which the City may suffer or for which the City may be held liable with respect to the activities authorized by the City pursuant to this Agreement and the dispensing of intoxicating liquor by Licensee during the Event. 5. The Recitals set forth above are incorporated into this Agreement as if fully set forth herein. IN WITNESS OF THE ABOVE, the parties have caused this Agreement to be executed on the date and year written above. CITY OF MEDINA By: Name: Kathleen Martin Its: Mayor By: Name: Scott T. Johnson Its: City Administrator LICENSEE By: Name: Its: