Loading...
CR2002-133 Liquor-Tobacco-Fireworks Moratorium , . September 3, 2002 Council RepOlt 2002-133 MORATORIUM ORDINANCE Proposed Action Staff recommends adoption of the following motion: Approve Ordinance 2002-881 establishing a moratorium on the issuance of any new licenses for the sale of off-sale liquor. tobacco, or fireworks, This action will give the City Council an opportunity to examine the appropriate zoning and regulations for off-sale liquor sales, tobacco sales, and the sale of fireworks. Overview The Hopkins City Council has, in the last year, been faced with issues concerning the appropriate zoning and location for off-sale liquor sales, the appropriate zoning and location for tobacco sales. and the recent legalization of fireworks. In order to provide an opportunity for the City Council to fully examine these issues, it is necessary to impose a moratorium on the issuance of certain licenses. A moratorium, which applies to all applicants equally, gives the Council the oPPOltunity to objectively study these issues without the constraint of having to consider pending license applications, . Primary Issues to Consider . Is a moratorium necessary? Without a moratorium the Council could be faced with the need to act on a license application during thefitudy process. . Will the moratorium affect license renewals? The moratorium ordinance does not affect any business that currently has a license. Renewals of existing licenses will be allowed, . How long will the moratorium last? The moratorium is set to expire after 90 days. It can be extended by the City Council. If the study is completed sooner than 90 days the moratorium can be ended earlier tlu'ough the adoption of an ordinance. Supporting Information . Ordinance 2002-881 . . nes Gcnellie Assistant City Manager - - --- - ~ . CITY OF HOPKINS Hennepin County, Minnesota ORDINANCE NO. 2002-881 AN INTERIM ORDINANCE FOR THE PURPOSE OF PROTECTING THE PLANNING PROCESS AND THE HEALTH, SAFETY AND WELFARE OF CITY RESIDENTS; AND PROHIBITING ANY NEW LICENSES FOR OFF-SALE UQUOR, TOBACCO, OR THE SALE OF FIREWORKS THE CITY COUNCIL OF THE CITY OF HOPKINS HEREBY ORDAINS AS FOLLOWS: Section 1. Background and Findings: 1.01 The City Council has the power to adopt ordinances to provide for the govemment and good order of the city, the prevention of crime, the protection of public and private propeliy, the benefit oftrade and commerce, and the promotion of health, safety, order, convenience, and the general welfare, . 1.02 There is a need for an interim ordinance to be adopted for the purpose of protecting the planning process and the health, safety and welfare of the citizens of the City and to insure that the City and its citizens retain the benefits ofthe City's zoning ordinance until sllch study has been completed. There is a need to restrict off-sale liquor sales, tobacco sales, and the sale of fireworks until a study has been completed and any modifications to the City's regulations have been adopted. It is not the intent of this ordinance to regulate any off-sale liquor business or business that is selling tobacco or fireworks that is operating lawfully and in accordance with all state, federal and municipal regulations. at the time of the adoption of this ordinance, 1.03 Minnesota Statutes, Section 462.355, Subd. 4 allows the City of Hopkins to adopt this Interim Ordinance to protect the planning process. The City Council finds that adoption of this Interim Ordinance will protect the planning process and the health, safety and welfare of its citizens while the Plmming Study is being conducted. . 1 ~ . Section 2. Planning and Zoning Study IMoratorium. 2.01. A study is authorized to be conducted by City staff to detel111ine whether it is necessary to amend the City's Existi ng Ordinances, Regulations and Official Controls or adopt new ordinances reIating to zoning, and licensing requirements for off-sale liquor sales, tobacco sales, and thc sale of fireworks, The scope of the study should include, but is not limited to, the following: a. the particular zoning districts in which such uses should be allowed as either permitted uses or conditional uses; b. the density and concentration of such uses; c, the effect of such uses on other uses in the surrounding area; d. the need, if any, for modifications to the licensing regulations regarding such uses, Section 3, Moratorium A moratori um is hereby adopted and enacted prohibi ting all new licenses for off-sale liquor, tobacco or the sale of fireworks. This moratorium will not apply to license renewals. This Interim Ordinance is adopted for the purpose of protecting the planning process pending completion of the Planning Study and the review ofthe completed Planning Study by the City Council. This interim Ordinance . and the moratorium imposed hereby shan remain in effect until the date that is 90 days after the effective date of this Interim Ordinance, or such earlier date as may hereafter be established by an Ordinance duly adopted by the City Council. The tenn of this Interim Ordinance and the moratorium imposed hereby may be extended for a reasonable period oftimc by Ordinance as may be necessary to complete the Planning Study authorized hereby and to adopt any necessary modifications to the City's Ordinances, Regulations and Official Controls. Section 4. Enforcement. The City may enforce the provision of this Interim Ordinance or enjoin any violation thereof by mandamus, prohibitive or mandatory injunction or any other appropriate legal or equitable remedy, including, but not limited to, remedies and enforcement procedures provided in the statutes of the State of MirU1esota or Ordinance of the City of Hopkins, in any Comi of competent jurisdiction. Section 5. Severability, Every section, provision or part of this Interim Ordinance is declared severahle from every other section, provision or part, and if any pOIiion of this Interim Ordinance is held invalid or unenforceable by a Court of competent jurisdiction, it shall not invalidate any other section, provision or part of this Interim Ordinance. . 2 ~ . Section 6, Effective Date. This Interim Ordinance shall be the day of its publication. First Reading: September 3,2002 Second Reading: September 17, 2002 Date of Publication: September 25, 2002 Eugene]. Maxwell, Mayor ATTEST: . Terry Obennaier, City Clerk APPROVED AS TO FORM AND LEGALITY: - City Attorney Signature Date . 3