2003-899
CITY OF HOPKINS
Hennepin County, Minnesota
ORDINANCE NO.2003-899
ORDINANCE AMENDING VARIOUS SECTIONS OF THE CITY CODE
THE COUNCIL OF THE CITY OF HOPKINS DOES HEREBY ORDAIN AS
FOLLOWS:
Section 1. The Hopkins City Code,
amended as follows:
Section 350.02 shall be
350.02 Ci ty employees responsible for performing the duties
required by the following positions may issue citations in lieu of arrest or
continued detention for violations of the Hopkins City Code:
a) Peace Officer and Part time peace officer
b) Reserve Officer
c) Community Service Officer
d) Building Inspector
e) Weed Inspector
f) Zoning Administrator
g) sanitation Officer
h) Fire Chief
i) Fire Inspector
j) Fire Marshal
k) Parking Enforcement Officer
1) Housing Inspector
m) Mechanical Inspector
n) l\b,::mdonmcnt/ Jun]c C::lr Inopcctor
n) Police Services Liaison
Section 2. The Hopkins City Code, Section 600.57, Subd. 2, shall be amended
to read as follows:
Subd. 2. Fee exemptions, license. required. Food establishments in
governmental subdivisions, houses of worship, child-care homes with ten or
less childrenl Dchoolo, and charitable and nonprofit hospitals must obtain a
license I but shall not be charged a fee therefore and are subj ect to all
other requirements of this section. Temporary- special event food
establishments I ,;hODC procccdo ::lrc dcdic::ltcd for ch::lrit::lblc purpooco or which
are operated by licensed food establishments I must obtain a license I but
shall not be charged a fee therefore and are subject to all other
requirements of this section.
Section 3.
follows:
The Hopkins City Code, section 600.59, shall be amended as
600.59. LICENSE EXPIRATION. Licenses issued pursuant to this ordinance
shall expire on Dcccmber 31 June 30 each year. License applications shall be
filed with the Community Service Department by July 1 of each year 60 days
prior to the expiration date. The fees are not pro-rated.
section 4. The Hopkins City Code, Section 610.07 Shall be amended as
follows:
610.07. License expiration and
to this section shall expire on the ~
year. License renewal applications shall
prior to January July 1 of each year.
renewal. Licenses issued pursuant
30th day of December June of each
be filed with the clerk ~days
Section 5. The Hopkins City Code, Section 1005.17 and 1005.29 shall be
amended as follows:
1005.17. Transfer of license. Unlcoo othendoe pro'Jided in thio
code, No license shall be transferable to another person, business,
corporation, or location. \:ithout the .:luthorization of the council.
1005.29. Tranofer of licenoeo. l'..ny licenoe duly iooued upon ',,'hich .:l
licenoe fee of $10.00 or more haD been paid may be tranoferred or aooigned,
ohould the licenoee deoire to change hiD place of buoineoo to a ne,: location.
The city manager may at hiD direction .:lnd under ouch regulationo aD he may
preocribe and on ourrcnder of the origin.:ll licenoe .:lccomp.:lnied by .:l tranofcr
fee eotabliohed from time to time by reoolution of the city councilf iooue a
nO'.. licanoe for the ne.: lOC.:ltion pro~Jidcd that the pro~,'iDiono of thio code
anq other .:lpplic.:lble ordin.:lnceo of thc city .:luthorizing the gr.:lnting of ouch
licenoe arc oomplied ',lith, including Dep.:lr.:lte in~,reDtig.:ltion feeD and expenDeD
',:hene'v'er required.
Section 6. The Hopkins City Code, Section 1100.03, Subd. 3. shall be
deleted.
1100.03 Oubd. 3. No liquor. No peroon ohall .:It any time bring to f or
Dell, diopenoe, ghre .:l',,'ay, UDe or drink .:lny intoxicating liquor in any public
dance hall, or pl.:lce for holding publio danceD in the city.
Section 7. The Hopkins City Code, Section 1100.03, Subd. 4. shall be amended
as follows:
1100.03 Subd. 4. Hours. No public dance may be conducted on Sunday, or
between the hours of 12:01 A.M. and 6:00 A.M. on other days. rl.:lceo in ',:hich
public d.:lnoea .:lre conducted in the city ahall be ClOD cd during the houro
public danoeo .:lre prohibited therein.
section 8. The Hopkins City Code, Section 1115.05 shall be amended as
follows:
1115.05
business of
City License Required. No person shall engage in the
a) New motor vehicle dealerf
b) Used motor vehicle dealer,
c) Motor vehiclee brokerf
d) Motor vehicle wholesalerf or
e) Motor vehicle auctioneerf
as those terms are defined by state law, without a current otate license
therefore from the City of Hopkins. Every person holding such a license
shall file a copy of the current State certificate of license with the clerk,
who shall maintain a register of such state licenses. Failure of a licensee
to supply the clerk with a copy of the current state license is a violation
of this code.
Section 9. The Hopkins City Code, Section 1140.03, Subd. shall be amended
as follows:
1140.03 Subd. 4. Issuance: term. Upon approval of the application by
the council, the clerk shall issue a license to the applicant the license
expires on the December 31 June 30 next following.
Section 10. The Hopkins City Code, Section 1145.17 shall be amended as
follows:
1145.17. Registration Period. Registration shall be valid only for
the calendar year. All registrations shall expire on December 31 June 30
after their issue. The registration fee shall remain the same throughout the
year.
Section 11.
follows:
The Hopkins City Code, Section 1150.11 Shall be amended as
1150.11 License Period and License Fee. Licenses shall be issued for a
c~lend~r ye~r one year. The license fee is established in Chapter X of the
Hopkins City Code. License fees shall not be prorated.
Section 12. The Hopkins City Code, Section 1155.03 is renumbered as Section
1155.04 and the following new Sections 1155.02 and 1155.03 are added and
Section 1155.05 Subd. 4 and 6 are amended to read as follows:
1155.02. State laws adopted by reference. Minnesota Statutes,
section 461, is adopted by reference and made a part of this code as if fully
set forth herein. A violation of the provisions of the statutes adopted by
reference herein is a violation of this code.
117"5
J..J.:J..5 . 03. Federal laws adopted by reference. Code of Federal
Regulations, Part 897 Cigarettes and Smokeless Tobacco, is adopted by
reference and made a part of this code as if fully set forth herein. A
violation of the provisions of the Regulations adopted by reference herein is
a violation of this code.
1155.05, Subd. 4. Term. All licenses issued under this ordinance shall
expire on December 31 June 30 of each calendar year.
1155.05, Subd, 6. Transfers. All licenses issued under this ordinance
shall be valid only on the premises for which the license was issued and only
for the person to whom the license was issued. No transfer of any license to
another location or person shall be valid. ~:ithout the prior ~ppro~~l of the
council.
Section 13. The Hopkins City Code, Section 1165.09, shall be amended as
follows:
1165.09. Location. Adult Oriented Businesses may only be located in
districts authorized in the City's Zoning Ordinance. No Adult Oriented
Businesses shall located less than 300 (three hundred) feet from any
residential zoning district boundary or from the property line of a site used
for residential purposes, or less than 350 feet from any off -sale liquor
business, or less than 1,000 (one thousand )feet from the property line of
any church site, any school site, any day care facility, or any park. In
addition, no Adult Oriented Business may be located within 1,000 (one
thousand) feet of another Adult Oriented Business. For purposes of this
ordinance, this distance shall be a horizontal measurement from the nearest
existing residential district boundary or the property line of any site used
for residential purposes, church site, school site, day care site, youth
facility, park site, or another Adult Oriented Business site to the nearest
property line of the proposed Adult Oriented Business site.
Section 14. The Hopkins City Code, Section 1180.02 shall be added to read as
follows:
1180.02 Location.
located less than 1000 feet
1165 of this City Code, nor
less than 350 feet from any
No license will be issued to a location that is
from any adult business as regulated by section
shall any license be issued to a location that is
off-sale liquor business.
Section 15. The Hopkins City Code, Section 1185.05, Subd. 2. shall be
amended as follows:
Subd. 2. The license will be effective for one year and run from
J~nu~r}' 1 July 1 through December 31 June 30 of the license year.
Section 16. The Hopkins City Code, Section 1200.40, Subd. 2. shall be
amended as follows:
Subd. 2. New Licenses required under this section will require the
full investigation fee to be paid by the applicant. The license fee will be
pro-rated according to oubd. 13 Section 1200.25.
Section 17. The Hopkins City Code, Section 1200.46, Subd. 2. shall be
amended as follows:
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 ooction 1, oubd.
~ Subd. 3.
section 18. The Hopkins City Code, Section 1200.48 Shall be amended as
follows:
1200.48. Evacuation of Licensed Premises. Subdivision 1. No licensed
premises named in an ON SALE Intoxicating 'Liquor License shall remain open
for business more than 15 minutes after the closing time stated in section 4t
oubd. 26 1200.46, Subd. 2. of this Ordinance. It is unlawful for a licensee
or an employee of a licensee to permit any person, other than a licensee or
an employee, to remain on said licensed premises more than 15 minutes after
closing time. It is also unlawful for any person, not a licensee or employee
of a licensee, to remain on said licensed premises more than 15 minutes after
closing time. This subsection does not apply to any restaurant as defined in
MN Statute 340A.I0l, or to any premises holding a Club License.
Subd. 2. No restaurant or Club that is exempt from section 1200.48
shall serve alcohol, or permit the consumption of alcohol on the premises
after 1:00 a.m. Restaurants and Clubs that remain open after 1:00 shall
remain open only for the sale of food.
Section 19. The Hopkins City Code, Section 1005.05 shall be amended as
follows:
Subd. 2. Double fees. A double fee may be charged any business
which fails to secure a license in a timely manner. This provision shall
apply to any business which fails to renew a license by the end of J~nu~ry
June. It will also apply in the case of a business seeking a new or
temporary license where the business opens or the activity begins prior to
applying for a license. (Amended Ord. #96-782)
Section 20. The Hopkins City Code, Section 1100.03, Subd. 5. shall be
deleted.
8ubd. 5. St:ltc In:.l ~doptcd. Exccpt ~o othcr.:ioe pro,.rided in thio
oubocction thc pro,.rioiono of Ninncoot~ St:ttuteo, Scctiono 621.12 to 621.52,
hcrcby :tdoptcd by rcfercncc, :tpply to public d:tncco.
section 21.
follows:
The Hopkins City Code, Section 321.01 shall be amended as
325.01. Subdivision 1. Zoning and planning commission established.
The zoning and planning commission is created and continued. The commission
shall consist of seven persons who have been a resident of the city for one
year or more on the date of appointment and one Staff Liaison to be appointed
by the City Manager. thc rl~nning :tnd Economic De~:elopment Director, :tnd
City Council membero, :l.D ex officio membero. Each member cJCcept the I'l:tnning
:tnd Economic Development Director :l.nd City Council member shall have the
right to vote on all matters before the commission. Citizen member terms of
office shall be for two years. Three citizen members of the commission shall
be appointed on July 1st of each odd numbered year and four shall be
appointed on July 1st of each even numbered year. Citizen members appointed
to complete a current term of office shall be considered to have served a
term of office if the appointment is to an office which is less than half
completed. If the appointment is to an office which is more than half
completed the appointment the appointment will not be considered a term of
office. Citizen members shall serve no more than two consecutive terms of
office. The Council member shall serve for a term of one year and may be
eligible for a consecutive one year reappointment. (Amended Ord. No. 87-581,
Sec. 1)
Section 22.
as follows:
The Hopkins City Code, Section 355.09, Subd. 3. shall be amended
Subd. 3. The hearing shall be scheduled to occur within ~ 45 days of
receiving a request for a hearing. Notice of the hearing must be served on
the person responsible for the violation.at least 14 days in advance, unless
a shorter time is accepted by all parties. Service of the Notice will be by
first class mail and will be complete upon mailing. At the hearing, the
parties will have the opportunity to present testimony and question any
witnesses, but strict rules of evidence will not apply. The hearing officer
must tape record the hearing and receive testimony and exhibits. The officer
must receive and give weight to evidence, including hearsay evidence, that
possesses probative value commonly accepted by reasonable and prudent people
in the conduct of their affairs.
Section 23.
deleted.
The Hopkins City Code, Section 1100.01, Subd. 3. shall be
Cubd. :2. ceRei tieRs. The.:ltreD, oper.:l fletl.SCS, or other buildingo
chall h.:l~y~e .:It le.:lot ene c:dt to the ground in .:IdditioR to the main entr.:1nce
for UDe in C.:lce of fiFC, ~;hieh shall be .:1cceocible at all timeD, and if .:1boyc
the ground ch.:lll h.:1vC one fire proof ot.:1ir~;.:lY or fire escape for ingreoo .:1nd
e~reo::;,
Section 24.
follows:
t) The fee schedule as set forth in the 1997 edition of the Uniform
Building Code.
Section 400.03, Subd, 2. shall be amended by adding item t) as
Section 25. Section 500.75 shall be amended as follows:
Cubd. '7. The l.J.nd dedication and/or the c.J.oh contribution iFl lieu ::f
laRa dedieatioR cHall Be Basea OR the follo'"ing. Caleulatea as foll(l'.JS.
(.'.) Residential,
Cinglc Family D\:elling.,....... .......... .500.00 per unit
T'.,o Family D',JelliR". . . . , . . . . . . . . . . . . , . . ,. .S99. 99 13er unit
7'.::partmento .:md To..:nhouoeo................ $200.00 per unit
(D) Commerci.J.l, induotrial ana other oubdiviDionD1
Estimated fair market yalue of the property required to Be dedicated to
the City iR Cubdi~,ticion 21 detcrmiFlcEl BY the City :UJoeooor :10 of the elate of
the .:1pproY.:1l of the final plat, repl.:1t, subdivisioFl or ~;aivcr of the pl.:1ting.
The cotim.:lted f.:1ir marl:ct value shall include ~'{.J.lue aeacel to the property by
utilitiec 1 ctrceto, and other public improvemcnts oer~,ring the l.:md but oh.:111
elOclude ',alue addea B', otHer improyementc' to the laRa, (.',mcnaca B', Ora 2000
~ Park Dedication contributions will be establihsed in Chapter 10 of the
Hopkins City Code and set from time to time by resolution of the Cit~
Council.
Section 26. The effective date of this ordinance shall be the date of
publication.
First Reading
Second Reading
Date of publication
Effective Date
March 18, 2003
April 8, 2003
April 17, 2003
April 17, 2003
~/~~~~
Gene Maxwell, Mayor
APPROVED AS TO FORM AND LEGALITY:
City Attorney Signature
Date