VII.1. First Reading: Ordinance Amending Section 1200.25 of the Hopkins City Code Pertaining to Alcoholic Beverages at Theaters; Domeier (CR2017-088)
July 11, 2017 Council Report 2017-088
First Reading: Ordinance Amending Section 1200.25 of the Hopkins City Code
Pertaining to Alcoholic Beverages at Theaters
Proposed Action
Staff recommends adoption of the following motion: Move to adopt for first reading Ordinance 2017-
1123, An Ordinance Amending Section 1200.25 of the Hopkins City Code Pertaining to Alcoholic
Beverages at Theaters.
Adoption of this motion will begin the process of amending Section 1200.25 of the Hopkins City Code
to allow for establishments defined as “theater” to be open from 6:30 p.m. to 12:30 a.m. on all days of
the week with conditions.
Overview
Michael Edlavitch, owner of Royal Comedy Theatre, has requested that the City Council consider
amending City Code Section 1200.25 to change the hours and days of sale for Theater liquor licensing.
Mr. Edlavitch requested that the hours be changed to 7:30 p.m. to 12:30 a.m. In early 2016, the City
Council adopted Ordinance 2016-006 which created a Theater licensing class and parameters for
alcohol service.
Staff reviewed the request and created conditions that would allow for some flexibility for Theater
liquor license holders to hold events or shows within the timeframe of 6:30 p.m. to 12:30 a.m. Staff
believed that by creating some flexibility that City Council would not have to review the ordinance on a
regular basis as business plans change.
The draft ordinance has been reviewed by the City Attorney.
Primary Issues to Consider
Current conditions in place for Theater licenses
Limitation on the days and hours of sales for the Theater licenses
Supporting Documents
Proposed Ordinance 2017-1123
Request from Michael Edlavitch of Royal Comedy Theatre
Amy Domeier, City Clerk
Primary Issues to Consider
Current definition of “theater” for the purpose of receiving a liquor license (Ord. 2016-1104)
1200.25 Theaters. For the purposes of this section, “theater” shall be limited to those establishments as
defined in Minnesota Statutes, Section 340A.101, subdivision 27a, except that no alcohol may be served
in any establishment that is open to the general public and which allows admittance for persons who are
less than 21 years of age. Alcohol may only be sold to those patrons who have purchased a ticket to
attend a live performance at the theater on the day of the sale.
Subd. 2. The City may issue an on-sale intoxicating liquor license, an on-sale wine license, or an
on-sale malt liquor license to a theater. A license issued under this paragraph authorizes sales on all
days of the week to persons attending events at the theater.
Subd. 3. Theater sales. A theater that holds an on-sale intoxicating liquor, wine or 3.2 percent
malt liquor license may only sell alcohol between the hours of 6:30 p.m. and 11:30 p.m. on all days of
the week.
Limitation on the days and hours of sales for the Theater licenses
Currently, a theater that holds an On-Sale Intoxicating, Wine or 3.2 Percent Malt Liquor License may
only sell alcohol between the hours of 6:30 p.m. and 11:30 p.m. on all days of the week. Staff is
proposing to modify the hours of sales between 6:30 p.m. and 12:30 a.m. on all days of the week with
the following conditions:
1. Sales are limited to one hour before, during and one hour after an event to ticket holders
attending the event.
2. The hours of sales must be clearly posted on the entrance to the building.
Recommended Action
Staff recommends approving Ordinance 2017-1123 for first reading. The second reading is tentatively
scheduled for July 31.
CITY OF HOPKINS
COUNTY OF HENNEPIN
ORDINANCE 2017-1123
ORDINANCE AMENDING SECTION 1200.25 OF THE
HOPKINS CITY CODE PERTAINING TO
ALCOHOLIC BEVERAGES AT THEATERS
THE COUNCIL OF THE CITY OF HOPKINS HEREBY ORDAINS AS FOLLOWS:
Section 1. That Section 1200.25 of the Hopkins City Code be amended to add the double-underlined
material and delete the stricken material as follows:
1200.25 Theaters. For the purposes of this section, “theater” shall be limited to those establishments as
defined in Minnesota Statutes, Section 340A.101, subdivision 27a, except that no alcohol may be served
in any establishment that is open to the general public and which allows admittance for persons who are
less than 21 years of age. Alcohol may only be sold or dispensed to those patrons who have purchased
a ticket to attend a live performance at the theater on the day of the sale.
Subd. 2. The City may issue an on-sale intoxicating liquor license, an on-sale wine license, or an
on-sale malt liquor license to a theater. A license issued under this paragraph authorizes sales on all
days of the week to persons attending events at the theater.
Subd. 3. Theater sales. A theater that holds an on-sale intoxicating liquor, wine or 3.2 percent
malt liquor license may only sell or dispense alcohol between the hours of 6:30 p.m. and 11:30 p.m. on
all days of the week.during live performances at the theater, including one hour before and one hour
after said live performances. However, in no event shall alcohol be sold or dispensed at a theater
between the hours of 12:30 a.m. and 6:30 p.m. A theater’s hours of alcohol sales must be clearly posted
on the entrance to the theater.
Section 3. The effective date of this ordinance shall be the date of publication.
First Reading: July 11, 2017
Second Reading: July 31, 2017
Date of Publication: August 10, 2017
Date Ordinance Takes Effect: August 10, 2017
By: ____________________________
Molly Cummings, Mayor
ATTEST:
___________________________
Amy Domeier, City Clerk
Amy Domeier
From:Michael Edlavitch <royalcomedymn@gmail.com>
Sent:Wednesday, June 21, 2017 2:10 PM
To:Amy Domeier
Subject:\[EXTERNAL\] #2, Change in Request: Altered
Dear Hopkins Council,
Royal Comedy Theatre is requesting to have Theater liquor license hours be moved back one hour. From 6:30-11:30 to
7:30-12:30. We would like to be able to have showtimes at 8pm and 10:30pm, similar to Acme Comedy Co.
Cheers,
Michael
Owner
Royal Comedy Theatre
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