CR2002-191 Extending Moratorium-Off Sale-tobacco-fireworks
. December 3,2002 Council RepOli 2002-191
ORDINANCE EXTENDING MORATORIUM
Proposed Action
Staff recommends adoption of the following motion: Approve Ordinance 2002-887 extending the tenn
of the 1110ratOlium on the issuance of any new licenses for the sale of off-sale liquor. tobacco. or
fireworks; and applying the moratorium to the transfer of licenses.
This action wiJI give the City Council additional time to examine the appropriate zoning and
regulations for off-sale liquor sales, tobacco sales, and the sale of fireworks.
Overview
The Hopkins City Council adopted a moratorium on the issuance of off-sale liquor, tobacco, and
fireworks licenses in September. Since that time the Council has discussed changes to the ordinances
that regulate the issuance of off-sale liquor and tobacco licenses. It has also discussed the adoption of
an ordinance that would regulate the sale of fireworks.
In order to give the Chemical Health Commission the opportunity to review the issues regarding off-
. sale liquor and tobacco licenses, and to allow time to draft and adopt ordinances regarding off-sale
liquor, tobacco, and fireworks sales, the moratorium needs to be extended.
Since the issues that are being examined during this planning process include the location of licensed
businesses, the Council has decided to apply the moratorium to the transfer of an existing license to a
new location.
Primnv Issues to Consider
. Will the moratorium affect license renewals?
The moratorium ordinance does not affect any business that currently has a license, unless
they are seeking to transfer the license to a new location. R~newals of existing licenses will
be allowed.
. How long will the l110ratOIiul11 last?
The moratorium is set to expire on February 25, 2003. It can be extended by the City
Council. If the study is completed before February 25 the moratorium can be ended earlier
through the adoption of an ordinance.
SUPPol,ting Information
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. CITY OF HOPKINS
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO 2002-887
AN ORDINANCE EXTENDING THE MORA TORTIJM ON THE ISSUANCE OF ANY NEW
LICENSES FOR THE SALE OF OFF-SALE LIQUOR, TOBACCO, OR FIREWORKS
ESTABLISHED BY ORDINANCE NO. 2002-881
THE CITY COUNCIL OF THE CITY OF HOPKINS ORDAINS:
Section I. Findings.
1.01 By Ordinance 2002-881, the City Council placed a moratorium on the issuance of
any new licenses for the sale of off-sale liquor, tobacco, or fireworks in the City pending
completion of a study and the adoption of any amendments to the City's ordinances. The
ordinance is scheduled to expire on December 24, 2002.
1.02 The City is still in the process of completing its study and the matter is scheduled
to be considered by the Chemical Health Commission, for review and recommendation to the
City Council.
. 1.03 It is necessary for the City Council to extend the moratorium in order to allow the
planning process to be completed.
1.04 The City Council also deems it necessary to include license transfers in the
moratorium. During the tenn of the moratorium no existing license may be transferred to a new
location.
Sec. 2. Extension of Moratorium. The moratorium on the issuance of any new licenses for
the sale of off-sale liquor, tobacco, or fireworks established by Ordinance No. 2002-881 is
extended until February 25,2003, or such earlier date as may be fil1iher adopted by ordinance.
The moratorium also applies to the transfer of existing licenses. All other provisions of
Ordinance No. 2002-881 remain in effect.
Sec. 3. This ordinance shall be effective the day of its publication.
First reading: December 3, 2002
Second reading: December 17, 2002
Date of publication: December 19, 2002
ATTEST:
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TeITY Obe1111aier, City Clerk Gene Maxwell, Mayor