Memo - Seconding Reading Ord 881
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CITY OF HOPKINS
. MEMORANDUM
To: Hopkins City Council
From: Jim Genellie
Date: September 10, 2002
Subj ect: Second Reading of Ordinance 2002-881
Staff recommends that the Council approve the following motion: Move that the Hopkins City
Council approve Ordinance 2002-881 for second reading and order published.
This ordinance has not changed since the first reading.
Attachments:
. Ordinance 2002-881
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This ordinance establishes a moratorium on the issuance of ne\v licenses for the sale of ()ff-
sale I iqLlor. tobacco, and fireworks.
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. 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
PROHIDITING ANY NEW LICENSES FOR OFF-SALE LIQUOR, 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 government and good
order of the city, the prevention of crime, the protection of public and private property, thc
benefit of trade and commerce, and the promotion of health, safety, order, convenience, and
the general welfare.
. 1.01 There is a need [or an interim ordinance to be adopted for the purpose of protecting thc
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 such 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 ofthe adoption of
this ordinance.
1.03 Milmesota Statutes, Section 462.355, Subd, 4 allows the City of Hopkins to adopt this
Interim Ordinance to protect the plam1ing process. The City Council finds that adoption o[
this Interim Ordinance will protect the planning process and the health, safety and welfare of
its citizens while the Planning Study is being conducted.
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. Section 2. Planning and Zoning Study IMoratorium.
2.01, A study is authorized to be conducted by City staff to detennine whether it is necessary to
amend the City's Existing Ordinances, Regulations and Official Controls or adopt new
ordinances relating to zoning, and licensing requirements for off-sale liquor sales, tobacco
sales, and the 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, Moratori L1l11
A moratorium is hereby adopted and enacted prohibiting all new licenses for off-sale liquor, tobacco
or the sale offireworks, 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 shall 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 term ofthis Interim Ordinance and the moratorium
imposed hereby may be extended for a reasonable period oftime 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 mandatOlY 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 ofMimlesota or Ordinance of the City of Hopkins, in any Court of competent jurisdiction,
Section 5. Severability.
Every section, provision or part of this Interim Ordinance is declared severable from every other
section, provision or part, and if any portion 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.
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. Section 6. Effective Date.
This Interim Ordinance shall be effective the day of its publication,
First Reading: September 3,2002
Second Reading: September 17, 2002
Date of Publication: September 26, 2002
Eugene J. Maxwell, Mayor
ATTEST:
. Teny Obcl1naier, City Clerk
APPROVED AS TO FORM AND LEGALITY:
City Attorney Signature Date
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