Memo - Liquor-Tobacco-Fireworks
,; f 1
. Memorandum
To: Hopkins City Council
From: Jim GeneIlie
Date: November 19, 2002
Subject: Liquor, Tobacco, Fireworks
The Hopkins City Council passed a moratorium ordinance on September 17 in order to examine
issues regarding off-sale liquor sales, tobacco licensing, and the sale offireworks. The moratorium
is set to expire December 24,2002.
Off-sale liquor:
I
I Issues to be discussed:
1. Total number of licenses
') Location of liquor stores
. 3. Other issues
Number of licenses (Council can detelmine - MS 340A.413, Subd. 5)
CUlTently: 28 liquor licenses (see attached list)
eight off-sale liquor licenses
four off-sale 3.2 beer licenses
Location: two off-sale liquor licenses ate located in the B-2 district
six off-sale liquor licenses are located in the B-3 districts
all of the off-sale 3.2 beer licenses are located in the B-3 districts
Attached is a memorandum that was prepared in April of 1999 conceming the location of off-sale
liquor stores. The Plmming and Zoning Commission considered this question in January 1999 and
decided not to recommend any changes.
Minutes from October 8 Worksession:
Liquor A general discussion was held on the reason for limiting off-sale liquor. Mr. Mielke
noted options could be those used for adult stores - not near schools and churches ("sensitive
areas"), distance between similar stores, 82 could be different from B3 zoning. Ms. Jensen and Ms.
Johnson were coneemed that liquor stores, pawn shops and cash checking places could end up
adjacent to each other, making a poor public image. Mr. Rowan said he would like to see liquor
. stores separated from residential areas. General Consensus vvas staff should do an analysis for
distance requirements from residential areas, between stores and from sensitive areas.
Liquor 1
. Liquor Licenses
I Business I Hopkins Location I License Type INUMBERI
Hopkins Tavern On Main 819 Mainstreet Liquor - On Sale
Raspberries 1501 Highway 7 Liquor - On Sale
The Big Ten Bar and Restaurant 1106 Mainstreet Liquor - On Sale 7
Mainstreet Bar and Grill 814 Mainstreet Liquor - On Sale
Lindee's 919 Cambridge St Liquor - On Sale
Decoys Grill and Bar 1022 Mainstreet Liquor - On Sale
Tuttle's Hopkins Bowl 107 Shady Oak Rd Liquor - On Sale
Mac's Liquor 8554 Excelsior Boulevard Liquor - Off Sale
Hopkins Liquor 712 - 11th Avenue South Liquor - Off Sale
Jim's Liquor 3 - 6th Avenue South Liquor - Off Sale
Leaman's Liquor 120 Shady Oak Rd Liquor - Off Sale 8
M.G.M. Liquor Warehours 495 - 17th Avenue South Liquor - Off Sale
Hopkins Tavern On Main 819 Mainstreet Liquor - Off Sale
Best Buy Liquor Warehouse 812 Mainstreet Liquor - Off Sale
Richards Liquor 22 - 10 Avenue North Liquor - Off Sale
Hopkins VFW 100 Shady Oak Rd Liquor - Club
Hopkins American Legion 10 -12th Avenue South Liquor - Club 4
Hopkins Elk's Lodge 30 - 8th Avenue South Liquor - Club
Oak Ridge Country Club 700 Oak Ridge Road Liquor - Club
Meadowbrook Golf Course 201 Meadowbrook Road 3.2 Beer - On Sale
. Tratoria Michelangelo 802 Mainstreet 3.2 Beer/Wine - On Sale 5
Jack Yee's Restaurant 1016 Mainstreet 3.2 Beer/Wine - On Sale
Boston Garden 1019 Mainstreet 3.2 Beer/Wine - On Sale
China Royal Restrurant 8480 Excelsior Boulevard 3.2 Beer/Wine - On Sale
R&M Grocery and Deli 108 Blake Road North 3.2 Beer - Off Sale
Tom Thumb #134 716 - 11th Avenue South 3.2 Beer - Off Sale 4
Kenny's Market 520 Blake Road North 3.2 Beer - Off Sale
Meadowbrook Golf Course 201 Meadowbrook Road 3.2 Beer - Off Sale
Total 28
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Liquor 2
. Off-Sale Liquor Sales
Zoning Restrictions
Eagan
Subd. 8. No license shall be granted for any building within 300 feet of any nursery, elementary or
secondary school structure; daycare center structure; or church structure, except as provided herein. A
license may be granted for any building within 300 feet of any of the above listed uses when the proposed
license premises and listed uses are located within the same zoning district and planned commercial
development.
Plymouth
1206.17. Distance from School. No on-sale or off-sale intoxicating liquor license, club
license, consumption and display permit, on-sale or off-sale 3.2 percent malt liquor
license, or wine license may be granted within the same block of any school or within 500
feet of any school. The distance shall be measured from the freestanding parcel or lot
upon which the business to be licensed is located or from the exterior wall of the approved
area leased or owned by the business to be licensed within a shopping center to the
nearest point of the parcel or lot upon which the school is located.
Roseville
302.13: OFF-SALE LICENSE REGULATIONS:
. In addition to the other requirements of state law or this chapter, the following regulations
are applicable to off-sale intoxicating liquor licenses:
A. Number Of Licenses: The number of licenses which may be issued is ten (10).
8. Use Of License: If a license is not used within one year, the license shall automatically
terminate.
C. Size Of Premises: A licensed premises shall have at least one thousand six hundred
(1,600) square feet of sales floor space including sales coolers and excluding walk-in
storage coolers.
D. Considerations: In addition to the other requirements of this chapter and applicable
state law in determining whether or not to issue an off-sale license for a particular
premises, the city council shall consider all relevant factors relating to the health, safety
and welfare of the citizens of the city such as, but not limited to, effect on market value of
neighboring properties, proximity to churches and schools and effect on traffic and
parking.
.
Liquor 3
Samples of distance requirements for various business types (Brooklyn Park)
. (A) Currency exchanges.
(3) The site must be at least 500 feet from the property line of a pawnshop, an
adult entertainment/adult service, or any residential district and one-half mile from a site
containing another currency exchange business. The site plan must show the location of
the proposed currency exchange business and any other currency exchange business if
any are located within one mile of the proposed site.
(8) Pawnshops.
(3) The site must be at least 500 feet from the property line of a site containing a
religious institution, school, day-care/preschool, another pawnshop, an adult
entertainment/adult service business, a currency exchange or any residential district.
.
.
Liquor 4
. Memorandum
To: Hopkins City Council
From: Jim Genellie
Date: April 19, 1999
Subject: Zoning Changes and the Location of Liquor Establishments
Council Member Diane Johnson is concerned that the staff's presentation to the Zoning
and Planning Commission, concerning the need for changes to the zoning code to restrict
the location of liquor establishments, did not accurately reflect the Council's thinking on
this issue.
I Below is a statement that I have prepared for submission to the Zoning and Planning
Commission that summarizes the discussion that occurred at the Worksession.
Please review this statement and let me know whether it accurately reflects your
understanding of the message that should be forwarded to the Commission.
. The City of Hopkins has expelienced some problems with minors purchasing alcohol. The City
Council believes that, although the owners and employees of the liquor stores are primarily
responsible for this problem through failure to check the ages of their customers, this problem can
be made worse by the location of the liquor establishments.
While most of the liquor establishments in Hopkins are located in the downtown area, some are
located on the periphery of the City. These areas may not have the police presence that the
downtown has. In addition the business area in the southwest pmi of Hopkins is located in a
residential area with a high percentage of minors. The combination of a high number of minors with
a lessened police presence may encourage minors to attempt to purchase alcohol in these locations.
The City Council requests that the Zoning and Planning Commission consider modifying the City's
zoning ordinance to fimher concentrate the areas where liquor can be sold.
.
Liquor 5
. There are 27 establishments in Hopkins where liquor can be purchased:
8 on-sale liquor establishments
.
. 7 off-sale liquor stores
. 4 clubs
. 3 restaurants with beer and wine
. 4 establishments selling 3.2 beer off-sale
. 1 establishment with a 3.2 beer on and off sale license
Fifteen of these establishments are located in the area bordered by 5th Avenue and Shady
Oak Road between 1 st Street North and 2nd Street South.
There have been fifteen liquor violations during the 1990s in Hopkins. Twelve of these
violations have been for sales to minors.
Although over half the liquor establishments are located in the central area of Hopkins
described above, only two of the liquor violations occurred in this area. Thirteen violations,
I including eleven sales to minors, occurred outside this area.
The following table shows where liquor violations have occurred in the 1990s:
ESTABLISHMENT TOTAL SALES TO
VIOLATIONS MINORS
. Mainstreet Bar and Grill 1
Hopkins Bowl 1 1
Hopkins Liquor 7 6 Two of the violations are currently in
(2 different owners) the court system
East End Liquor 2 2
M.T. BearsfBW3 4 3
(2 different owners)
.
Liquor 6
Tobacco
. Tobacco:
Issues to be discussed:
1. Tobacco as an accessory use
2. Total number of licenses
3. Location of tobacco stores
4. Other issues
Tobacco as an accessory use. All but one of the tobacco licenses issued by the City of Hopkins are
for the sale of tobacco as an accessory use. 34 businesses have tobacco licenses (see attached list.)
Most of the businesses also have one or more additional business licenses.
- 19 businesses have a liquor license
- 7 businesses have a gasoline station license
I - 3 drug stores
- I large grocery store
- 1 convenience store (without gasoline or 3.2 beer license)
- 1 tobacco store
- 1 tobacco and gift shop
. The cun'ent zoning ordinance limits tobacco stores to the B-2 area. If a business, outside of the
downtown area, wants to sell tobacco it has to be as an accessory use. There is a controversy
regarding the definition of an accessOlY use and how it is measured.
The Council suggested that staff review the issue of accessory uses. Staffs recommendation is that
the issue of tobacco as an accessOlY use should be addressed in the tobacco licensing ordinance
rather than in the zoning ordinance.
There are several options:
. Reduce the percentage of a retail space that can be an accessory use. Tobacco sales could be
limited to a smaller pOliion of the retail space than 49%. The problem with this approach is
that there would still be the need to measure the accessOlY use to see ifit complied with the
ordinance.
. An altel11ative approach is to issue tobacco licenses in conjunction with another license. As
indicated in the above list, almost all the businesses that have tobacco licenses also have
other city licenses.
Total number of licenses and Location of Licenses.
Another approach to restrict tobacco sales is to simply limit the number of tobacco licenses that will
. be issued. This limitation can be citywide or it can be done according to zoning.
Tobacco 7
Tobacco
Tobacco Licenses
. Business ljopkiJ'ls Location Other Licenses Type of Business
Tobacco and Gifts 12 Suburban Square
Back Door Tobacco 813 Mainstreet ..~.,..".
_..n.
WalgreE;lns #04260 540 Blake Road North Food L 1 Phar/11acy - drug store
Snyder'sDrugStor~_. 15 - 9th Avenue North Food L 1 pharrTI?cy -drugstorE':!
Walgreens #06730 1511 State Highway 7 Food L 1 Pharmacy - drug stoFe
EZ Foods 716 - 11th Avenue South {Clod L2,T1
Driskill's Foods 25 - 11th Avenue North food L3, T3
R&1y1 Grocery and Deli 108 Blake Road North 3.2 Beer .... Foo(j L2, T1
Butch's Market 520 Blake Road North Food L 1
Knollwood Amoco 525 Blake Road North Gasoline
Oasis Market #541 240 Blake Road North .Gasoline Food L 1
.Holi(jay $tationstore #261 300 - 11th Avenue South ;GasolineFood L 1
Sinclair Gas Station 501 Mainstreet Gasoline Food L 1
Oasis Market #608 1120 - 7th Street South Gasoline Foo<;jL2. T1
I Oasis Market #600 530 Blake Road North . :Gasoline Food L2, T1
Midnite Market 5 - 6th Ave S GasolineF()od L~, T1
The Big Ten Bar and
Restaurant 1106 Mainstreet Liquor
Mainstreet Bar and Grill 814 Mainstreet ...Liquor
lindee's ,919 Cambridge St Liquor
. Tuttle's HopkinsBowl 107 Shady Oak I3d Liqu()r "-....
Hopkins Tavern OnMain 819 Mainstreet Liquor
;Qecoys Grill and Bar .. 1022 Mainstreet _~iqu()r
Hopkins American Legion 10 -12th Avenue South Liquor
~opkins VFW 10(J Shady O(3k R<:i Liquor
Oak Ridge Country Club 700 Oak Ridge Road Liquor
ljopkil1s Elk's Lo<:jge 30 - 8th Avenue South Liqu()r
Hopkins Liquor 712 - 11th Avenue South Liquor
)im's Liquor 3 - 6th Avenue South Liquor
Leaman's Liquor 120 Shady Oak Rd . :Liquor
J={ichards Liquo~ 22 - 10 Avenue North LiqtJor
M.G.M. Liquor Warehouse 495 - 17th Avenue South :Liquor
Best Buy Liqu()f Warehouse 812 Mainstreet :Liquor
Mac's Liquor 8554 Excelsior Boulevard Liquor
.
Tobacco 8
Fireworks
. Fireworks
Attached is the revised draft of an ordinance establishing license procedures for the sale of
fireworks. The Hopkins Fire Depmiment has reviewed it.
Main Points:
1. Requires license to sell fireworks. Licenses are issued for one year.
2. The amount of fireworks that can be displayed or stored valies depending on whether the
building has a sprinkler system.
3. Fireworks can only be sold from a pe1111anent building. No transient sales are allowed.
Other issues to be resolved:
- Zoning
- License fee
I Minutes from October 8 Worksession:
Fireworks Mr. Genellie said staff is drafting an ordinance for licensing the sale of fireworks.
They want feedback on requiring permanent building, sprinkling system, limiting storage, zoning
and fees. Ms. Johnson said storage limitations are more important than the splinkling system. Mr.
. Brausen suggested that the amount allowed to be stored be based on whether there is a sprinkling
system or not. Ms. Jensen said she felt the building should be free-standing because of the storage
issues. Ms. Johnson asked whether the process could be done by registration like the pawn shops so
there would not need to be so many inspections. General consensus was staff should continue with
the ordinance drafting.
.
Fireworks 9
Fireworks
. PROPOSED FIREWORKS ORDINANCE
Main Points:
1. Requires license to sell fireworks. Licenses are issued for one year.
2. The amount of fireworks that can be displayed or stored varies depending on
whether the building has a sprinkler system.
3. Fireworks can only be sold from a permanent building. No transient sales are
allowed.
Other issues to be resolved:
. zoning (8-2 and B-3)
. license fee
. Plymouth - $200
. SPRING LAKE PARK - BLAINE - MOUNDS VIEW - $1,150
. St. Louis Park - $500
I
1150.01 Sale of Fireworks. It is unlawful to sell fireworks in the City of Hopkins in violation
of Minnesota Statutes 624.20 through 624.25, inclusive, which are adopted by reference.
"Legal fireworks" as defined in this Section may, however, be sold upon issuance of a
. license issued by the City.
1150,03 Definition. For the purposes of this Section "legal fireworks" is defined to mean:
Wire or wood sparklers of not more than 100 grams of mixture per item, other sparkling
items which are nonexplosive and nonaerial and contain 75 grams or less of chemical
mixture per tube or a total of 200- grams or less for multiple tubes, snakes and glow
worms, smoke devices, or trick noisemakers which include paper streamers, party
poppers, string poppers, snappers, and drop pops, each consisting of not more than
twenty-five hundredths grains of explosive mixture.
1150.05 Application. The application for a license shall contain the following information:
name, address, and telephone number of applicant; the address of the location where
fireworks will be sold; the type of log31 fimworkB to be sold; the octim;Jted quontity of legal
fireworks thot '....ill be stored on the licensed premises. along with a list documenting the
name, weight, and quantity of the fireworks within the building and the material safety data
sheets.
1150.07 Processing Application. The application must be filed with the City Clerk together
with the license fee a minimum of fifteen (15) days prior to operating. Following an
inspection of the premises proposed to be licensed, the City Manager or his/her designee
shall issue the license if the conditions for license approval are satisfied and the location is
. properly zoned. If the City Manager or his/her designee denies the license application, the
applicant may, within ten (10) days, appeal the decision to the City Council.
Fireworks 10
-~ -
Fireworks
. 1150.09 Conditions of License. The license shall be issued subject to the following
conditions:
a) The license is non-transferable, either to a different person or location.
b) The licensed premises must be a permanent building equipped \Nith ::m autom3tic
sprinkler systom. No exterior storaqe, display, sales or transient sales of fireworks are
permitted.
c) The license must be publicly displayed on the licensed premises.
d) The premises are subject to inspection by City employees including police officers
during normal business hours.
e) The sale of legal fireworks must be allowed by the zoning ordinance and must
comply with all zoning ordinance requirements including signs.
f) The premises must be in compliance with the State Building Code and State Fire
Code.
g) The tot::!l qu::!ntity of consumer firm...orks stored on ::!ny property ch311 not exceed
1,000 pounds. The quantity of consumer fire'Narks displayed for public 8318 sh311 not
exceed 100 pounds.
. In buildinqs without an approved automatic sprinkler system retail consumer fireworks
indoor sales displays shall be limited to fifty (50) Ibs net pyrotechnic composition or two
hundred (200) Ibs. gross weight. if the pyrotechnic composition weiqht is not known.
The total quantity of consumer fireworks stored on any property without an approved
automatic sprinkler system shall not exceed 500 pounds.
Buildinqs protected throughout by an approved automatic sprinkler system shall be
limited to one hundred (100) Ibs. net or four hundred (400) Ibs. qross weiqht if the
pyrotechnic composition weight is not known. The total quantity of consumer fireworks
stored on any property protected throuqhout by an approved automatic sprinkler
system shall not exceed 1 ,000 pounds.
h) Consumer fireworks shall not be sold to persons under the age of 18.
i) Smoking shall not be permitted in any building or tenant space where fireworks are
manufactured, stored for commercial purposes or sold. Areas where fireworks are
manufactured, stored for commercial purposes or sold shall be provided with approved
"no smoking" signs in red letters not less than two (2) inches in height on white
background. All signs shall be maintained in legible condition.
j) Each permit holder shall have not less than two (2) water-type or equivalent
extinguishers of not less than two and one-half gallon capacity in approved locations.
k) There shall be at least two (2) code compliant exits from all buildings from which
fireworks are manufactured, stored for commercial purposes or sold.
. I) A list of all consumer fireworks displayed and stored on the property shall be
available at all times. The list shall document the name, weight, and quantity of the
fireworks and be accompanied by the material safety data sheets.
Fireworks 11
Fireworks
. 1150.11 License Period and License Fee. Licenses shall be issued for a calendar year.
The license fee is established in Chapter X of the Hopkins City Code. License fees shall
not be prorated.
1150.13 Revocation of License. Following written notice and an opportunity for a hearing,
the City Manager or his/her designee may revoke a license for violation of this Section or
state law concerning the sale, use or possession of fireworks. If a license is revoked,
neither the applicant nor the licensed premises may obtain a license for twelve (12)
months. If the City Manager or his/her designee revokes a license, the license holder may
within ten (10) days appeal the decision to the City Council.
I
.
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Fireworks 12