CR 05-029 Transient Merchant and Fireworks
March 1, 2005
Council Report 2005-029
TRANSIENT MERCHANT
AND FIREWORKS ORDINANCE
Proposed Action
Staff recommends adoption of the following motion: Approve Ordinance 2005-944 amending Sections
1145 and 1150 of the Hopkins City Code for first reading.
This action will amend the Hopkins City Code to improve the regulation of transient merchants and to
bring the City's ordinance concerning the sale of fireworks in compliance with state law.
Overview
The Hopkins City Council adopted a moratorium on the issuance of transient merchant licenses in
April of 2004. The moratorium is scheduled to expire on April 19, 2005. Attached is Ordinance 2005-
944. This ordinance would amend Section 1145 of the City Code, which regulates transient merchants.
The amended ordinance would:
. Limit transient merchants to the B-3 business district.
. Prohibit transient sales near intersections or within public rights-of-way or setbacks
. Ensure that there is sufficient parking to handle the transient business as well as any existing
businesses
. Limit the number and duration of transient merchant licenses
The proposed ordinance also amends Section 1150, which deals with the sale of fireworks. Subsequent
to the City adopting its ordinance on fireworks in 2003, the Minnesota Legislature passed a law that
limited the fees that can be charged for fireworks licenses, and imposed limits on the regulation of
fireworks sales. Specifically the legislature made it illegal for cities to prohibit the sale of fireworks
from temporary structures.
Primary Issues to Consider
. Can the City prohibit transient merchants?
. What are the details of the changes to Sections 1145 and 1150
Supporting Information
. Ordinance 2005-944
. League of Minnesota Cities memorandum on the Regulation of legal fireworks
fi ~~7
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,/J~ Genelhe
/ssistant City Manager
Council Report 2005-029
Page two
Analysis of the Issues
Can the City prohibit transient merchants?
The City Attorney has determined that a complete ban on transient merchants is not possible.
What are the details of the changes to Sections 1145 and 1150?
Transient Merchants:
Location
. The site of the transient business shall be located only in the B3 Business Zoning District. Staff
feels that there simply is not room in the Central Business District to accommodate transient
merchants. "Farmer's markets", organizations selling Christmas trees at sites approved by the City,
and individuals selling goods, wares, or merchandise as part of a City sponsored or licensed festival
or activity are exempt from the Transient Merchant licensing procedures.
. No transient merchant shall display or offer for sale any merchandise at locations within one
hundred fifty (150) feet of any intersection. The business must not cause traffic congestion on
surrounding streets.
. No transient merchant shall display or offer for sale any merchandise within or upon any public
right-of-way or front or side yard setback when the side yard abuts a street.
. no part of any transient business may be located upon a public right-of-way;
Conduct of the business
. the business may not generate noise, light, dust, or odors which reasonably would tend to disturb or
annoy occupants of adjacent residential properties;
. the transient business licensee shall keep the parcel free of trash, litter, and debris;
. any tents, canopies, awnings or similar items and all water, electrical, and lighting facilities shall be
in compliance with applicable codes and regulations;
. the transient merchant shall have in possession written evidence of consent of the owner or leasee
of the parcel to conduct the transient business thereon.
. Parking. The space used by the transient merchant, including the space used for off-street parking,
shall not exceed the space needed for the existing business at the site. Adequate off-street parking
shall be available to serve both the principal use of the property and the transient merchant use of
the property.
. Signage. No signage shall violate City Code provisions relating to size, location and number of
business signs.
Time Limits
. Limitation on Number of Days. A transient merchant license shall be necessary for each event, and
an event shall be limited to a maximum of four (4) continuous days.
. Limitation on Number of Licenses. No person shall be granted more than four (4) transient
merchant licenses in one calendar year.
Council Report 2005-029
Page three
Fireworks:
. Restrictions on where Fireworks can be sold have been removed. Transient sales would be allowed
although they would have to comply with the Transient Merchant ordinance.
. Sprinkler and storage requirements have been removed although permanent and temporary
structures would have to comply with National Fire Protection Association Standard 1124 (2003
edition).
. License fees have been changed to comply with state law.
Alternatives
1. Approve Ordinance 2005-944 for first reading.
2. Do not approve Ordinance 2005-944 for first reading and direct staff to make changes.
Staff recommends Alternative #1.
CITY OF HOPKINS
Hennepin County, Minnesota
ORDINANCE 2005-944
AN ORDINANCE AMENDING SECTIONS 1145 AND 1150
OF THE HOPKINS CITY CODE
LICENSING OF TRANSIENT MERCHANTS
AND THE SALE OF FIREWORKS
Whereas the Hopkins City Council has determined that transient
merchant sales may cause disruption to traffic; generate noise
and litter and otherwise impact the health and safety of the
residents of the City of Hopkins, and
Whereas the Minnesota Legislature has imposed limits on the
abilities of local government to regulate the storage and sale of
fireworks in the City;
The City Council of the City of Hopkins does hereby ordain:
Section 1. Hopkins City Code, Section 1145, Subd. 2 is amended
to read as follows:
Subd. 2.
Transient Business
a. The site of the transient business shall be located only
in the B3 Business Zoninq District.
b. Traffic Hazards. No transient merchant shall display or
offer for sale any merchandise at locations within one
hundred fifty (150) feet of any intersection. The
business must not cause traffic conqestion on surroundinq
streets.
c. Setbacks. No transient merchant shall display or offer
for sale any merchandise within or upon any public riqht-
of-way or front or side yard setback when the side yard
abuts a street.
~. no p~rt of ~ny tr~n8icnt buoinc88 m~y bc loc~tcd upon ~
public right of ',:~y;
d. the business may not generate noise, light,
odors which reasonably would tend to disturb
occupants of adjacent residential properties;
dust, or
or annoy
e. the transient business licensee shall keep the parcel
free of trash, litter, and debris;
f. any tents, canopies, awnings or similar items and all
water, electrical, and lighting facilities shall be in
compliance with applicable codes and regulations;
g. the transient merchant shall have in possession written
evidence of consent of the owner or leasee of the parcel
to conduct the transient business thereon.
h. Parkinq. The space used by the transient merchant,
includinq the space used for off-street parkinq, shall
not exceed the space needed for the existinq business at
the site. Adequate off-street parkinq shall be available
to serve both the principal use of the property and the
transient merchant use of the property.
l. Limitation on Number of Days. A transient merchant
license shall be necessary for each event, and an event
shall be limited to a maximum of four (4) continuous
days.
j. Limitation on Number of Licenses. No person shall be
qranted more than four (4) transient merchant licenses in
one calendar year.
k. Siqnaqe. No siqnaqe shall violate City Code provisions
relatinq to size, location and number of business siqns.
1. State/County License. Transient merchants shall
conspicuously post on the business premises the license
issued under this Division and the license issued under
Minnesota Statutes, Section 329.10.
m. Transfer of License Prohibited. A license issued under
this Division to the applicant shall not be assiqned or
transferred to any person.
Section 2. Hopkins City Code, Section 1150.09 is amended to read
as follows:
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 ~ perm~nent building,
located in an area that is zoned as a business district,
~hich cont~ins no residenti~l units. If the structure is
di'vTided by ~ '.:~ll \:i thout openings, to form sep~r~te
buildings, only one building m~y be ~ licensed premises.
No eJ,terior stor~ge, diopl~:l, s~les or tr~nsient s~les
of firc,,'orks ~re permitted.
c) The license must be publicly displayed on the licensed
premlses.
d) The premises are subject to inspection by City employees
including police officers during normal business hours.
e) The premises must be in compliance with the National
Fire Protection Association Standard 1124 (2003
edition), the State Building Code and State Fire Code.
f) In building:J \:i thout .:J.n .:J.ppro":ed .:J.utom.:J.tic :Jprinkler
:J'/:JteRl ret.:J.ilconoumer firc,:orko indoor :J.:J.le:J di:Jpl.:J.Y:J
:Jh.:J.II be limited to fifty (50) Ib:J. net pyrotechnic
compooition or t'.:o hundred (200) Ib:J. gro:J:J ',leight, if
the pyrotechnic compooi tion '..'eight i:J not lmm:n. The
tot.:J.1 qU.:J.ntity of conOUIfler fire',:ork:J :Jtored on .:J.ny
property ',,'i thout .:J.n .:J.ppro"'vTed .:J.utom.:J.tic :Jprinkler :JY:Jtem
:Jh.:J.II not exceed 500 poundo.
Building:J protected throughout by .:J.n .:J.ppro~ed .:J.utom.:J.tic
:Jprinkler oyotem oh.:J.ll be limited to one hundred (100)
Ib:J. net or four hundred (100) Ib:J. gro:J:J '.:eight if the
pyrotechnic compo:Ji tion ',,'eight i:J not lmm:n. The tot.:J.1
qU.:J.nti t:/ of con:Jumer fire',Jork:J :Jtored on .:J.ny property
protected throughout by .:J.n .:J.ppro":ed .:J.utom.:J.tic :Jprinkler
:JY:Jtem :Jh.:J.II not elcceed 1,000 pound:J.
g) Consumer fireworks shall not be sold to persons under
the age of 18.
h) Smoking shall not be permitted in any building or tenant
space where fireworks are stored for commercial purposes
or sold. Areas where fireworks are 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.
i) Each permit holder shall have not
extinguishers of not less than a
approved locations.
less than two fire
2a,10b,c rating In
j) There shall be at least two (2) code compliant exits
from all buildings from which fireworks are stored for
commercial purposes or sold.
k) 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.
1150.11 License Period and License Fee. Licenses shall be
issued for one year. The license fee is estJblished in
ChJpter X of the Hopkins City Code. The License fee for a
business that sells only fireworks shall be $350.00. The fee
for existing retailers who also sell fireworks shall be
$100.00. License fees shall not be prorated.
Section 3. The effective date of this ordinance shall be the date
of publication.
First Reading:
March 1, 2005
Second Reading:
March 15, 2005
Date of Publication:
March 24, 2005
Date Ordinance Takes Effect:
March 24, 2005
Gene Maxwell, Mayor
ATTEST:
Terry Obermaier, City Clerk
APPROVED AS TO FORM AND LEGALITY:
City Attorney Signature
Date