V.1. Second Reading: Ordinance Amending Section 1200 of the Hopkins City Code: Sale, Consumption and Display of Alcoholic Beverages; Domeier (Memo)
City Clerk
CITY OF HOPKINS
Memorandum
To: Honorable Mayor and Council Members
From: Amy Domeier, City Clerk
Copy: Mike Mornson , City Manager
Date: June, 2015
Subject: Second Reading of Ordinance 2015-1096
_____________________________________________________________________________
During the first reading on May 19, discussion was held on the hours and days of Sunday growler
sales. Debate was held as to whether or not sales should start at 8 a.m. or 10 a.m. Additional
discussion was held regarding sales on Easter. Staff has drafted two ordinances for consideration.
The options are as follows:
Ordinance 2015-1096 Option A
This option was presented on May 19. The only change is to include language for extended sales.
The Sunday sales and extended sales are proposed as follows:
1.Section 1200.24, Subd. 2, includes language to allow Sunday Growler Sales from 8 a.m.
to 10 p.m.
2.Section 1200.46, Subd. 1., includes language to allow extended sales between the hours of
1:00 a.m. and 2:00 a.m. on Friday, Saturday and Sunday. The sales have been allowed in
the past but were inadvertently omitted from the first draft ordinance.
Ordinance 2015-1096 Option B
Based on discussions during the first reading, a second ordinance has been drafted to include the
following regulations:
1.Section 1200.24, Subd. 2, includes language to allow Sunday Growler Sales from 10 a.m.
to 10 p.m. Sales will not be allowed on Easter Sunday.
2.Section 1200.46, Subd. 1., includes language to allow extended sales between the hours of
1:00 a.m. and 2:00 a.m. on Friday, Saturday and Sunday. The sales have been allowed in
the past but were inadvertently omitted from the first draft ordinance.
Staff recommends that Council move forward with either Option A or B. If additional research or
discussion is requested, staff would then recommend holding the second reading on June 16. If
Option A or B is the preferred by Council, staff would then recommend that the Council approve
the following motion: Move that the Hopkins City Council approve Ordinance 2015-1096 for
second reading and authorize the summary ordinance publication.
Attachments:
Ordinance 2015-1096 (Options A and B)
Summary Ordinance 2015-1096
OPTION A
CITY OF HOPKINS
COUNTY OF HENNEPIN
ORDINANCE NO. 2015-1096
ORDINANCE AMENDING SECTION 1200 SALE, CONSUMPTION AND DISPLAY OF
ALCOHOLIC BEVERAGES OF THE HOPKINS CITY CODE TO ALLOW SUNDAY
SALES WITH OFF-SALE BREWER LICENSES AND CHANGE THE HOURS OF
SUNDAY SALES FOR ON-SALE LIQUOR LICENSES
THE COUNICL OF THE CITY OF HOPKINS HEREBY ORDAINS AS FOLLOWS:
Section 1. That Section 1200.23 is amended by adding the following underlined language and
deleting the strikethrough language:
On-Sales Brewer Taproom License. Subdivision 1. Taproom licenses shall be granted only to a
brewery licensed under Minn. Stat. Section 340A.301 for any on sale of malt liquor produced by
brewer for the consumption of the premises of or adjacent to one brewery location owned by the
brewer. The only alcoholic beverage that may be sold or consumed on the premises shall be malt
liquor produced by the brewer. A brewer who has a license from the Commissioner of Public
Safety to brew up to 3,500 barrels of malt liquor per year may be issued a license by the City for
on-sale of malt liquor subject to the following conditions:
Subd. 2. The malt liquor sold on sale for consumption must be produced by the brewer on
the licensed premises.
Subd. 3. No other beverages containing alcohol may be sold or consumed on the licensed
premises.
Subd. 4. Hours of operation for on-sale of malt liquor at a brewer taproom should be
pursuant to section 1200.46.
(Added Ord. 2013-1063)
Section 2. That Section 1200.24 is amended by adding the following underlined language and
deleting the strikethrough language:
A brewer who has a license from the Commissioner of Public Safety to brew fewer than 3,500
barrels of malt liquor per year may with the approval of the Commissioner of Public Safety be
issued a license by the City for off-sale of malt liquor subject to the following conditions:
Off-Sale Brewer Malt License. Subdivision 1. Brewer Malt licenses shall be granted only to a
brewery licensed under Minnesota Stat. Section 340A.301. A brewer off-sale malt liquor license
may be issued with the approval of the commissioner, to a brewer and subject to the requirements
of Minnesota Stat. Section 340A.301 and the following conditions:
Subd. 2. The malt liquor sold off-sale must be produced and packaged on the licensed
premises.
Subd. 2. Off-Sale Brewer Malt License holders are allowed Sunday off-sale of growlers
of malt liquor produced and packaged by the brewer on the licensed premises. No Sunday
sales are allowed before 8 a.m. or after 10 p.m. For all other days, the hours of the sales
are the same as intoxicating liquor off-sales pursuant to provisions of Minnesota Statutes
Section 340A.504, subd. 4.
Subd. 3. Off-sale of malt liquor shall be limited to the legal hours for off-sale pursuant to
section 1200.46 Subd. 5.
Subd. 4. The malt liquor sold off-sale must be removed from the licensed premises before
the applicable off-sale closing time pursuant to section 1200.46 Subd 5.
Subd. 5. The malt liquor sold off-sale shall be packaged in 64-ounce containers
commonly known as “growlers” or in 750 milliliter bottles and shall have the following
requirements for packaging:
1.The containers or bottles shall bear a twist type closure, cork, stopper or plug.
2.At the time of sale, a paper or plastic adhesive band, strip or sleeve shall be applied to
the container or bottle and extend over the top of the twist type closure, cork, stopper
or plug forming a seal that must be broken upon opening of the container or bottle.
3.The adhesive band, strip or sleeve shall bear the name and address of the
brewer/licensee selling the malt liquor.
4.The container or bottles shall be identified as malt liquor, contain the name of the malt
liquor, bear the name and address of the brewer/licensee selling the malt liquor, and
the contents in the container packaged as required herein shall be considered
intoxicating liquor unless the alcohol content is labeled as otherwise in accordance
with the provisions of Minnesota Rules, part 7515.1100.
Section 3. That Section 1200.46 is amended by adding the following underlined language and
deleting the strikethrough language:
Hours of operation. Subdivision 1. The provisions of Minnesota Statutes Section 340A.504 with
reference to the hours of sale are hereby adopted and made a part of this chapter as fully set out
herein. When a licensee has made application to the City of Hopkins and the Commissioner of
Alcohol and Gambling for extended hours, and the application has been approved by the Hopkins
City Council and the Commissioner of Alcohol and Gambling, and all fees have been paid to the
City of Hopkins and the Commissioner of Alcohol and Gambling, said licensee may sell
intoxicating liquor, wine, or 3.2 percent malt liquor between 1:00 a.m. and 2:00 a.m. on Friday,
Saturday and Sunday. No sale of 3.2 percent malt liquor may be made between 1:00 a.m. and
8:00 a.m. on the days of Monday through Saturday, nor between 1:00 a.m. and 10:00 a.m. on
Sunday, except as stated in Section 1200.46, Subd. 4. (Amended by Ord. 2005-957)
Subd.2. Intoxicating liquor; on-sale. No sale of intoxicating liquor for consumption on the
licensed premises may be made:
(1) between 1:00 a.m. and 8:00 a.m. on the days of Monday through Saturday;
(2) after 1:00 a.m. on Sundays, except as provided by section 1200.46, Subd. 3.
(Amended by Ord. 2003-899)
except as stated in Section 1200.46, Subd. 4. (Amended by Ord. 2003-906)
Subd. 3. Intoxicating liquor; Sunday sales; on-sale. A licensee that holds a special Sunday
on-sale intoxicating liquor license may sell intoxicating liquor for consumption on the premises
between the hours of 10:00 a.m. on Sundays and 1:00 a.m. on Mondays except as stated in
Section 1200.46, Subd. 4. A holder of an On-Sale Taproom License for Sunday Sales under
Section 1200.15 may conduct on-sale business on Sundays between the hours of 10:00 a.m. on
Sundays and 1:00 a.m. on Monday. (Amended by Ordinance 2014-1072) (Amended Ord. 2005-
957)
Subd. 4. When a licensee has made application to the City of Hopkins and the
Commissioner of Alcohol and Gambling for extended hours, and the application has been
approved by the Hopkins City Council and the Commissioner of Alcohol and Gambling, and all
fees have been paid to the City of Hopkins and the Commissioner of Alcohol and Gambling, said
licensee may sell intoxicating liquor, wine, or 3.2 percent malt liquor between 1:00 a.m. and 2:00
a.m. on Friday, Saturday and Sunday and the following holidays:
1. between 1:00 a.m. and 2:00 a.m. on January 1
2. between 1:00 a.m. and 2:00 a.m. November 1
3. between 1:00 a.m. and 2:00 a.m. on March 18
4. between 1:00 a.m. and 2:00 a.m. on December 24
5. between 1:00 a.m. and 2:00 a.m. on Thanksgiving Day
a). Fees for extended hours will be set from time to time in Chapter 10 of the Hopkins City
Code by resolution. (b. deleted by Ord. 2004-918)
Subd. 5. Intoxicating liquor; off-sale. No sale of intoxicating liquor may be made by an off-
sale licensee:
1.on Sundays;
2.before 8:00 a.m. on Monday through Saturday;
3.after 9:00 p.m. on Monday through Thursday and after 10:00 p.m. on Friday and
Saturday. An off-sale licensee may sell intoxicating liquor until 10:00 p.m. on
December 31 and July 3, and on the day preceding Thanksgiving day, unless otherwise
prohibited.
4.on Thanksgiving Day;
5.on Christmas Day, December 25; or
6.after 8:00 p.m. on Christmas Eve, December 24.
Section 4. The effective date of this ordinance shall be the date of publication.
First Reading: May 19, 2015
Second Reading: June 2, 2015
Date of Publication: June 11, 2015
Date Ordinance Takes Effect: June 11, 2015
By: ____________________________
Eugene J. Maxwell, Mayor
ATTEST:
______________________________
Amy Domeier, City Clerk
APPROVED AS TO FORM AND LEGALITY ON JUNE 2, 2015:
______________________________
City Attorney Signature
OPTION B
CITY OF HOPKINS
COUNTY OF HENNEPIN
ORDINANCE NO. 2015-1096
ORDINANCE AMENDING SECTION 1200 SALE, CONSUMPTION AND DISPLAY OF
ALCOHOLIC BEVERAGES OF THE HOPKINS CITY CODE TO ALLOW SUNDAY
SALES WITH OFF-SALE BREWER LICENSES AND CHANGE THE HOURS OF
SUNDAY SALES FOR ON-SALE LIQUOR LICENSES
THE COUNICL OF THE CITY OF HOPKINS HEREBY ORDAINS AS FOLLOWS:
Section 1. That Section 1200.23 is amended by adding the following underlined language and
deleting the strikethrough language:
On-Sales Brewer Taproom License. Subdivision 1. Taproom licenses shall be granted only to a
brewery licensed under Minn. Stat. Section 340A.301 for any on sale of malt liquor produced by
brewer for the consumption of the premises of or adjacent to one brewery location owned by the
brewer. The only alcoholic beverage that may be sold or consumed on the premises shall be malt
liquor produced by the brewer. A brewer who has a license from the Commissioner of Public
Safety to brew up to 3,500 barrels of malt liquor per year may be issued a license by the City for
on-sale of malt liquor subject to the following conditions:
Subd. 2. The malt liquor sold on sale for consumption must be produced by the brewer on
the licensed premises.
Subd. 3. No other beverages containing alcohol may be sold or consumed on the licensed
premises.
Subd. 4. Hours of operation for on-sale of malt liquor at a brewer taproom should be
pursuant to section 1200.46.
(Added Ord. 2013-1063)
Section 2. That Section 1200.24 is amended by adding the following underlined language and
deleting the strikethrough language:
A brewer who has a license from the Commissioner of Public Safety to brew fewer than 3,500
barrels of malt liquor per year may with the approval of the Commissioner of Public Safety be
issued a license by the City for off-sale of malt liquor subject to the following conditions:
Off-Sale Brewer Malt License. Subdivision 1. Brewer Malt licenses shall be granted only to a
brewery licensed under Minnesota Stat. Section 340A.301. A brewer off-sale malt liquor license
may be issued with the approval of the commissioner, to a brewer and subject to the requirements
of Minnesota Stat. Section 340A.301 and the following conditions:
Subd. 2. The malt liquor sold off-sale must be produced and packaged on the licensed
premises.
Subd. 2. Off-Sale Brewer Malt License holders are allowed Sunday off-sale of growlers
of malt liquor produced and packaged by the brewer on the licensed premises. No Sunday
sales are allowed before 10 a.m. or after 10 p.m. Off-sale Sunday sales are prohibited on
Easter Sunday. For all other days, the hours of the sales are the same as intoxicating liquor
off-sales pursuant to provisions of Minnesota Statutes Section 340A.504, subd. 4.
Subd. 3. Off-sale of malt liquor shall be limited to the legal hours for off-sale pursuant to
section 1200.46 Subd. 5.
Subd. 4. The malt liquor sold off-sale must be removed from the licensed premises before
the applicable off-sale closing time pursuant to section 1200.46 Subd 5.
Subd. 5. The malt liquor sold off-sale shall be packaged in 64-ounce containers
commonly known as “growlers” or in 750 milliliter bottles and shall have the following
requirements for packaging:
5.The containers or bottles shall bear a twist type closure, cork, stopper or plug.
6.At the time of sale, a paper or plastic adhesive band, strip or sleeve shall be applied to
the container or bottle and extend over the top of the twist type closure, cork, stopper
or plug forming a seal that must be broken upon opening of the container or bottle.
7.The adhesive band, strip or sleeve shall bear the name and address of the
brewer/licensee selling the malt liquor.
8.The container or bottles shall be identified as malt liquor, contain the name of the malt
liquor, bear the name and address of the brewer/licensee selling the malt liquor, and
the contents in the container packaged as required herein shall be considered
intoxicating liquor unless the alcohol content is labeled as otherwise in accordance
with the provisions of Minnesota Rules, part 7515.1100.
Section 3. That Section 1200.46 is amended by adding the following underlined language and
deleting the strikethrough language:
Hours of operation. Subdivision 1. The provisions of Minnesota Statutes Section 340A.504 with
reference to the hours of sale are hereby adopted and made a part of this chapter as fully set out
herein. When a licensee has made application to the City of Hopkins and the Commissioner of
Alcohol and Gambling for extended hours, and the application has been approved by the Hopkins
City Council and the Commissioner of Alcohol and Gambling, and all fees have been paid to the
City of Hopkins and the Commissioner of Alcohol and Gambling, said licensee may sell
intoxicating liquor, wine, or 3.2 percent malt liquor between 1:00 a.m. and 2:00 a.m. on Friday,
Saturday and Sunday. No sale of 3.2 percent malt liquor may be made between 1:00 a.m. and
8:00 a.m. on the days of Monday through Saturday, nor between 1:00 a.m. and 10:00 a.m. on
Sunday, except as stated in Section 1200.46, Subd. 4. (Amended by Ord. 2005-957)
Subd.2. Intoxicating liquor; on-sale. No sale of intoxicating liquor for consumption on the
licensed premises may be made:
(1) between 1:00 a.m. and 8:00 a.m. on the days of Monday through Saturday;
(2) after 1:00 a.m. on Sundays, except as provided by section 1200.46, Subd. 3.
(Amended by Ord. 2003-899)
except as stated in Section 1200.46, Subd. 4. (Amended by Ord. 2003-906)
Subd. 3. Intoxicating liquor; Sunday sales; on-sale. A licensee that holds a special Sunday
on-sale intoxicating liquor license may sell intoxicating liquor for consumption on the premises
between the hours of 10:00 a.m. on Sundays and 1:00 a.m. on Mondays except as stated in
Section 1200.46, Subd. 4. A holder of an On-Sale Taproom License for Sunday Sales under
Section 1200.15 may conduct on-sale business on Sundays between the hours of 10:00 a.m. on
Sundays and 1:00 a.m. on Monday. (Amended by Ordinance 2014-1072) (Amended Ord. 2005-
957)
Subd. 4. When a licensee has made application to the City of Hopkins and the
Commissioner of Alcohol and Gambling for extended hours, and the application has been
approved by the Hopkins City Council and the Commissioner of Alcohol and Gambling, and all
fees have been paid to the City of Hopkins and the Commissioner of Alcohol and Gambling, said
licensee may sell intoxicating liquor, wine, or 3.2 percent malt liquor between 1:00 a.m. and 2:00
a.m. on Friday, Saturday and Sunday and the following holidays:
1. between 1:00 a.m. and 2:00 a.m. on January 1
2. between 1:00 a.m. and 2:00 a.m. November 1
3. between 1:00 a.m. and 2:00 a.m. on March 18
4. between 1:00 a.m. and 2:00 a.m. on December 24
5. between 1:00 a.m. and 2:00 a.m. on Thanksgiving Day
a). Fees for extended hours will be set from time to time in Chapter 10 of the Hopkins City
Code by resolution. (b. deleted by Ord. 2004-918)
Subd. 5. Intoxicating liquor; off-sale. No sale of intoxicating liquor may be made by an off-
sale licensee:
7.on Sundays;
8.before 8:00 a.m. on Monday through Saturday;
9.after 9:00 p.m. on Monday through Thursday and after 10:00 p.m. on Friday and
Saturday. An off-sale licensee may sell intoxicating liquor until 10:00 p.m. on
December 31 and July 3, and on the day preceding Thanksgiving day, unless otherwise
prohibited.
10.on Thanksgiving Day;
11.on Christmas Day, December 25; or
12.after 8:00 p.m. on Christmas Eve, December 24.
Section 4. The effective date of this ordinance shall be the date of publication.
First Reading: May 19, 2015
Second Reading: June 2, 2015
Date of Publication: June 11, 2015
Date Ordinance Takes Effect: June 11, 2015
By: ____________________________
Eugene J. Maxwell, Mayor
ATTEST:
______________________________
Amy Domeier, City Clerk
APPROVED AS TO FORM AND LEGALITY ON JUNE 2, 2015:
______________________________
City Attorney Signature
CITY OF HOPKINS
COUNTY OF HENNEPIN
SUMMARY OF
ORDINANCE NO. 2015-1096
ORDINANCE AMENDING SECTION 1200 SALE, CONSUMPTION AND DISPLAY OF
ALCOHOLIC BEVERAGES OF THE HOPKINS CITY CODE TO ALLOW SUNDAY
SALES WITH OFF-SALE BREWER LICENSES AND CHANGE THE HOURS OF
SUNDAY SALES FOR ON-SALE LIQUOR LICENSES
SECTION 1200 SALE, CONSUMPTION AND DISPLAY
Summary: This ordinance amends
OF ALCOHOLIC BEVERAGES OF THE HOPKINS CITY CODE
to allow for growler
sales on Sunday and change the hours and days of sales and definitions to reference state statute.
Effective Date: This ordinance shall take effect upon publication on June 11, 2015.
A full copy of the text of this ordinance is available from the City Clerk.
/s/ Eugene Maxwell, Mayor
Attest: /s/ Amy Domeier, City Clerk