Memo - Liquor/Tobacco/Fireworks
I Department of Administration
. MernorandulTI
To: Hopkins City Council
From: Jim Genellie
Date: October 3, 2002
Subject: Liquor, Tobacco, Fireworks
The Hopkins City Council recently passed a moratorium ordinance in order to examine issues
regarding ofT-salt: liquor sales, tobacco licensing, and the sale of fireworks. The moratorium is set to
expire December 24, 2002.
I have prepared some background material and information.
Off-sale liquor:
Issues to be discussed:
1. Total number of licenses
. 2. Location of liquor stores
3. Other issues
Number of licenses (Council can determine - MS 340A.413, Subd. 5)
Currently: 28 liquor licenses (see attached list)
eight off-sale liquor licenses
lour otf-saIe 3.2 beer licenses
Location: two ofT-sale liquor licenses are located in the B-2 district
six off-sale liquor licenses are located in the B-3 districls
all of the off-sale 3.2 beer licenses are located in the B-3 districts
(a map will be available at the meeting showing all the locations)
Attached is a memorandum that was prepared in April of 1999 concerning the location of off-sale
liquor stores. The Planning and Zoning Commission considered this question in January 1999 and
decided not to recommend any changes.
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. I Community Services Department I
Memorandum
To: Hopkins City Council
From: Jim Genelhe
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 Councll's
thinking on this issue.
Below is a statement that 1 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 experienced 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 part 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 tlu1her concentrate the areas where liquor can be sold.
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\/t-quor locations doc
j-A
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. 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 1st 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, 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. Bears/BW3 4 3
(2 different owners) I
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Ihquor locatlons.doc .1-13
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MINUTES OF THE ZONING AND PLANNING MEETING
. Page 2
Mr. Brausen moved and Mr. Gross seconded a motion to approve Resolution RZ99-1,
.'ecommending approval of Ordinance 99-823. The motion was approved unanimously.
ITEM: ZONING DISTRICTS
The staff was asked to discuss the idea of having another business district that would regulate liquor.
The zoning ordinance allows on and off sale liquor in the B-2 and B-3 zoning districts. The
Commission indicated that if there is not an existing problem at this time, the ordinance should
remam as 1S.
ADJOURN
Mr. Gross moved and Mr. Brausen seconded a motion to adjourn at 7:15 p.m. The motion was
approved unanimously.
. ME11BERS:
ATTEST:
Randy Engel, Chair
.
.i -(.
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. Liquor Licenses
L Business I Hopkins Locatron r License Type I NUMBER I
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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. 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 arc
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
- 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 current 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 LIse. There is a controversy
regarding the definition of an accessory 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 accessory use should be addressed in the tobacco licensing ordinance
rather than in the zoning ordinance.
There are severa] options:
. Reduce the percentage of a retail space that can be an accessory use. Tobacco sales could be
limited to a smaller portion of the retail space than 49%. The problem with this approach is
that there would still be the need to measure the accessory use to see ifit complied with the
ordinance.
. An alternative 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.
Tota] number of] icenses and Location of Licenses.
Another approach to restrict tobacco sales is to simply limit the number of tobacco licenses that wi II
. be issued. This limitation can be citywide or it can be done according to zoning.
2
. Tobacco Licenses
Business Hopkins Location Other Licenses Type of Business
Tobacco and Gifts 12 Suburban Square
Back Door Tobacco '813 Mainstreet
Walgreens #04260 540 Blake Road North Food L 1 Pharmacy - drug store
Snyder's Drug Store 15 - 9th Avenue North Food L 1 Pharmacy - drug store
Walgreens #06730 1511 State Highway 7 Food L 1 Pharmacy - drug store
EZ Foods 716 - 11 th Avenue South Food L2. T1
Driskill's Foods 25 - 11 th Avenue North Food L3, T3
R&M Grocery and Deli 108 Blake Road North 3.2 Beer Food L2. T1
Kenny's Market 520 Blake Road North 3.2 Beer Food L2, T1
Knollwood Amoco 525 Blake Road North Gasoline
Oasis Market #541 240 Blake Road North Gasoline Food L 1
Holiday Stationstore #261 300 - 11 th Avenue South Gasoline Food L 1
Sinclair Gas Station 501 Mainstreet 'Gasoline Food L 1
Oasis Market #608 1120 - 7th Street South Gasoline Food L2, T1
Oasis Market #600 530 Blake Road North Gasoline Food L2, T1
Midnite Market 5 - 6th Ave S Gasoline Food l3, 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 Hopkins Bowl 107 Shady Oak Rd Liquor
Hopkins Tavern On Main 819 Mainstreet Liquor
Decoys Grill and Bar 1022 Mainstreet Liquor
Hopkins American Legion 10 -12th Avenue South Liquor
Hopkins VFW 100 Shady Oak Rd ;Liquor
Oak Ridge Country Club 700 Oak Ridge Road .Liquor
Hopkins Elk's Lodge 30 - 8th Avenue South Liquor
Hopkins Liquor 712 - 11 th Avenue South Liquor
Jim's Liquor 3 - 6th Avenue South Liquor
Leaman's Liquor 120 Shady Oak Rd Liquor
Richards Liquor 22 - 10 Avenue North Liquor
M.G.M. Liquor Warehouse 495 . 17th Avenue South Liquor
Best Buy Liquor Warehouse 812 Mainstreet .Liquor
Mac's Liquor 8554 Excelsior Boulevard .Liquor
.
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. Fireworks
Attached is the draft of an ordinance establishing license procedures tor the sale of fireworks. The
Hopkins Fire Department has reviewed it.
Main Points:
1. Requires license to sell fireworks. Licenses are issued for one year.
2. The I1censcd premises must be a pennanent building equipped with an automatic sprinkler
system. (This will prevent some existing businesses, e.g. Snyder Drug, from selling
fireworks. )
3. Limits the amount of fireworks that can he stored in a building
Other issues to be resolved:
- Zoning
- License fee
.
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. PROPOSED FIREWORKS ORDINANCE
Main Points:
1. Requires license to sell fireworks. Licenses are issued for one year.
2. The licensed premises must be a permanent building equipped with an
automatic sprinkler system. (This will prevent some existing businesses,
e.g. Snyder Drug, from selling fireworks.)
3. Li~its the amount of fireworks that can be stored in a building
Other issues to be resolved:
. zOning
. license fee
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 legal fireworks to be sold;
the estimated quantity of legal fireworks that will be stored on the licensed
premises.
1150.07 Processing Application. The application must be filed with the City Clerk
together with the license fee. 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.
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. 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 with an
automatic sprinkler system.
(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 total quantity of consumer fireworks stored on any property shall not
exceed 1,000 pounds. The quantity of consumer fireworks displayed for public
sale shall not exceed 100 pounds.
. (h) Consumer fireworks shall not be sold to persons under the age of 18.
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.
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