CR 05-141 Ordinance 2005-959 Section 1200
October 18, 2005
Council Report 2005-141
ORDINANCE AMENDING SECTION 1200
OF THE HOPKINS CITY CODE
Proposed Action
Staff recommends that Council approve the following motion: Move to approve Ordinance 2005-959 for first readimz.
Approval of this motion will begin the process of amending section 1200 of the Hopkins City Code to allow for
clarification of the penalty for failure to attend training, the Best Practices Penalty Grid and the computation of time.
Overview
Section 1200 of the Hopkins City Code, Sale, Conswnption and Display of Alcoholic Beverages, was revised in
December of 2004. After completion of compliance checks and training, police department staff reviewed the
ordinance. We took into consideration comments and recommendations received from the licensees. Staff felt some
clarification was needed regarding penalties, time frame for administrative hearings, Best Practices Penalty Grid, and
the computation of time for violations. Letters were mailed to liquor licensees on September 15, 2005 notifYing them
of the proposed changes. We have received no responses to this letter. We have met with Reduce the Use Coalition
and they support these revisions.
Primary Issues to Consider
. What are the major changes to the liquor ordinance?
. Training (1200.42 Subd. 5) - add the penalty involved for failure to attend training.
. Hearing Notice (1200.52) - delete entire paragraph as the right to a hearing is addressed in 1200.54 Subd 3.
. Best Practices Penalty Grid (1200.54 Subd 2) - change the grid to reflect a 3"', 4th & 5th violation.
. Violations (1200.54 Subd 3) - change the administrative hearing with the Police Chief from the first and
second to all violations, remove the word "immediately" when referring to the time frame for holding the
hearings.
. Computation of Time (1200.54 Subd 5) - Simplify the computation to be in 3-year intervals.
. Why should these changes be made?
. These changes address the concerns and clarify the issues the licensees had with the code.
Supportinl! Information
. Ordinance 2005-959
Alternatives
I. Adopt Ordinance 2005-959 for first reading.
2. Do not approve Ordinance 2005-959 for first reading and direct staff to make changes.
3. Take no action.
Staff recommends Alternative # I.
~O.~
Craig A. Rt\id
Chief ofPoilce
CITY OF HOPKINS
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 2005-959
AN ORDINANCE AMENDING SECTION 1200
OF THE HOPKINS CITY CODE
The City Council of the City of Hopkins does hereby ordain:
Section 1. The Hopkins City Code, Section 1200, is hereby amended to read as follows:
1200.42 Subd. 5. Training. Each licensee must have at least one representative attend all
mandatory liquor license training seminars conducted by the city. The representative need not be
the same person each time but must hold a position of responsibility in either the ownership or
management of the licensee. Anv licensee who fails to meet this reauirement mav be charged an
administrative penalty.
1200.52. Heftfillfi: Netiee. Ne sl:lSpellsiell er re'ieeatiell will take effee! antil the lieellSee has
beell afferaea llIl epperllmity for a heariag pHfSl!llllt te f.dmillistfative PreeeEillfe f.e! UN Statl:tte
Seetiell H.57te lt7G.
1200.54 Subd 2. BEST PRACTICES PENALTY GRID:
l't Violation 2nd Violation 3rd Violation 4th Violation 5th Violation
$500 $1,000 plus Retw'H. t8 regular $2.000 plus Revocation
5 days suspension, penalty gria 8.Ila 10 davs
stayed eff Best Pmetiees suspensIOn
fer 1 year. $ 1.500
pIus
5 davs
suspension
1200.54 Subd. 3. FifSt Violations would be handled by an administrative hearing with the
Police Chief or his/her designee with the presumptive penalty given to license holders. For Best
Praetiees estahlishmellts Hmt llIla seeella ','ielatiells ',veala he halldlea hy an admillis!mtivc lieari'llg
vlith the Paliee Clrief aT hislher aesigllee. Heariags shall take plaee immediately falle'.'lillg the
','ialatiell. License holders have the right to request a hearing before the City Council if not in
agreement with the presumptive penalty. The Police Chief also has the right to request a hearing
before the Council if he/she believes there exists substantial reason making it appropriate to deviate
from the presumptive penalty. If the Police Chief and the licensee agree on the presumptive
penalty, these will be reported to the City Council in a staff report.
1200.54 Subd. 5. Computation of Time. Fer the pl:Ifj3ese of aeteFHl.inillg the Ill:lffiber ef
oeellfrellees ef violatieas, the Ceaneil shall eeasider a '{iolatioll as a seeeiid OeelliT-ellee if it
eeellfrea '.vithill 21 ealooaar mOllths af the HIs! 'iielatiall; and shall eeasiaer a ...ielatiall as a thira
eeellfFellee ifit ee6l1iTea withill36 ealeaaar meftths efthe seeefta vielatieB. Multipie violations are
computed bv checking the time period of the three vears immediatelv prior to the date of the most
current violation.
Section 2. The effective date of this ordinance shall be the date of publication.
First Reading:
October 18, 2005
Second Reading:
November 1,2005
Date of Publication:
November 10,2005
Date Ordinance Takes Effect:
November 10,2005
Gene Maxwell, Mayor
ATTEST:
Terry Obermaier, City Clerk
APPROVED AS TO FORM AND LEGALITY:
City Attorney Signature
Date