Memo - 2nd Reading Ordinance 2005-944
CITY OF HOPKINS
MEMORANDUM
To:
Hopkins City Council
From:
Jim Genellie
Date:
March 15, 2005
Subject:
Second Reading of Ordinance 2005-944
Staffrecommends that the Council approve the following motion: Move that the Hopkins City
Council approve Ordinance 2005-944 for second reading and order published.
This ordinance was changed since the first reading by adding language requiring fireworks sales from
temporary structures to be in compliance with the transient merchant ordinance.
Attachments:
. Ordinance 2005-944
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~noicnt buoincoo m~y bc loc3tcd upon ~
public riEj"Rt 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
free of trash,
business licensee shall
litter, and debris;
keep
the
parcel
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 lea see 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.
i. 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 a permanent bu~lding,
located in an area that is zoned as a business district,
~hich containo no reoidential unito. If the otructure io
di','idee! by a ',1311 \Iithout openingo, to form oeparate
buildingo, only one building may bo a licenoed prcmiooo.
No eEterior otorage, diopl:ry, oaleo or tranoient oaleo
of fire',JOrJ:o arc permitted.
If the licensed premise is a temporary structure, it
must comply with all of the provisions of Section 1145
as they pertain to transient merchants except for
Section 1145.11.
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 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 buildingo ,;ithout ;:m. appr07ed ::mtom3tic oprinlcl:::r
oy::!tem retaileonoumer fire'.:orlco indoer oillec dicplilYo
oRall be limited to fifty (50) lb::!. net pyrotechnic
eompo::!ition or t\:e hundred (200) lbo. greoo \:eight, if
the pyrotechnic compooi tion '.;eight io not lenm:n. The
tet31 quantity of consumer fire'.:orlco otored on 3ny
property ',:i thout an 3ppro70d 3utoffi3tie oprinlcler oyoteffi
ohall not eEceed 500 poundo.
Buildingo protected throughout by 3n 3ppr07ed 3utoffi3tic
oprinlcler ayoteffi oh31l be liFHitcd to one hURdred (100)
lbo. net or four hundred (100) lbo. grooo '.:eight if the
pyrotechnic compooitien '.:eight io not leno'.m. The tot::ll
qU3nti ty of conoumer fire\:orlco otored on 3ny property
protected throughout by 3n 3ppro7ed 3utoffi3tic oprinlclcr
oyateffi ohall not eEceed 1,COO poundo.
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
2a,10b,c
two fire
rating in
j )
There shall be at
from all buildings
commercial purposes
least two
from which
or sold.
(2) code
fireworks
compliant exits
are stored for
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 licenoe fee io cot:lbliohed in
Ch:lpter X of tho IIopJcino 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