Memo - 2nd Reading ord 2005-957
I City Clerk
CITY OF HOPKINS
To:
Honorable Mayor and City Council Members
CC:
From:
Date:
Subject:
Terry Obermaier
September 28, 2005
Second Reading, Ordinance
Staff recommends that the City Council make a motion to adopt Ordinance 2005-957
for second reading.
Staff has received three phone calls and three emails from liquor licensees, The em ails
are attached, The three phone calls received were from Jim's Liquors, Best Buy, and
Leaman's Liquor. A total of eight off-sale licenses have been issued. The two licensees
that have not been heard from are Tavern on Main and Hopkins Liquors,
Of the six that contacted staff, four are.!22.! in favor of extending the hours from 8:00 to
10:00 on Monday through Thursday. The other two are not interested in staying open
until 10:00, but feel that they would like the option to do so if surrounding communities
allow the later closing.
Other changes to the ordinance are concerning Sunday morning serving times. Liquor
can currently be served in conjunction with the sale of food, beginning at 10:00 a.m.
There is no definition of food, so there is essentially no situation where liquor could not
be served, beginning at 10:00, The Legislature's removal of "in conjunction with the sale
of food" cleaned up the State statute and would clean up the City ordinance.
The change would also allow 3,2 beer to served, beginning at 10:00 a,m. At this time,
an on-sale wine licensee with a 3,2 beer license could serve wine prior to 12:00 noon on
Sunday, but could not serve beer before 12:00 noon. This change would create
consistency,
A copy of the ordinance as originally written is attached, I have also attached a copy of
the changes without the 10:00 closing,
CITY OF HOPKINS
Hennepin County, Minnesota
ORDINANCE 2005-957
AN ORDINANCE AMENDING SECTION 1200.46 OF THE HOPKINS CITY CODE
THE COUNCIL OF THE CITY OF HOPKINS DOES HEREBY ORDAIN AS FOLLOWS:
Section 1.
Section 1200.46, Subdivisions 1, 3, and 5 of the Hopkins Code of Ordinances be
amended as follows:
1200.46. Hours of operation. Subdivision 1. No sale of 3.2 percent malt liquor may be
made between 1:00 a.m. and 8:00 a.m. on the days of Monday through Saturday, nor
between 1 :00 a.m. and 12:00 10:00 a.m. on Sunday, except as stated in Section
1200.46, Subd. 4.
Subd. 3. Intoxicating liquor; Sunday sales; on-sale. A licensee that holds a special
Sunday on-sale intoxicating liquor license may sell intoxicating liquor for consumption on
the premises iA eaAjuAstioA .....ith the sale af faad between the hours of 10:00 a,m. on
Sundays and 1 :00 a.m. on Mondays except as stated in Section 1200.46, Subd. 4.
Subd. 5. Intoxicating liquor; off-sale. No sale of intoxicating liquor may be made by
an off-sale licensee:
1. on Sundays;
2. before 8:00 a.m. on Monday through Saturday;
3. after 8*)Q 10:00 p.m. on Monday through Thursday Saturday. aAd after 10:00
p.m. aA Friday and Saturday. AA aff sale liseAsee ma'j sell iAtaxicatiA!!IiElUar uAtil
10:00 p.m. an Desember 31 aAd July 3, and aA the day presediA!! Thanks!!;,,'iA!! da'f,
unless atherwise prahibited.
4. on Thanksgiving Day;
5. on Christmas Day, December 25; or
6. after 8:00 p.m. on Christmas Eve, December 24.
Section 2.
First Reading
Second Reading
Date of Publication
Effective Date
September 6, 2005
October 4, 2005
October 13, 2005
October 13, 2005
Eugene J. Maxwell, Mayor
ATTEST:
Terry Obermaier, City Clerk
APPROVED AS TO FORM AND LEGALITY
City Attorney Signature
Date
CITY OF HOPKINS
Hennepin County. Minnesota
ORDINANCE 2005-957
AN ORDINANCE AMENDING SECTION 1200.46 OF THE HOPKINS CITY CODE
THE COUNCIL OF THE CITY OF HOPKINS DOES HEREBY ORDAIN AS FOLLOWS:
Section 1.
Section 1200.46, Subdivisions 1. 3. and 5 of the Hopkins Code of Ordinances be
amended as follows:
1200.46. Hours of operation. Subdivision 1. No sale of 3.2 percent malt liquor may be
made between 1 :00 a.m. and 8:00 a.m. on the days of Monday through Saturday, nor
between 1 :00 a.m. and 12:00 10:00 a.m. on Sunday, except as stated in Section
1200.46, Subd. 4.
Subd. 3. Intoxicating liquor; Sunday sales; on-sale. A licensee that holds a special
Sunday on-sale intoxicating liquor license may sell intoxicating liquor for consumption on
the premises iA GonjunGtion with the sale ef feed between the hours of 10:00 a.m. on
Sundays and 1 :00 a.m. on Mondays except as stated in Section 1200.46, Subd. 4.
Section 2.
First Reading
Second Reading
Date of Publication
Effective Date
September 6. 2005
October 4, 2005
October 13. 2005
October 13. 2005
Eugene J. Maxwell, Mayor
ATTEST:
Terry Obermaier, City Clerk
APPROVED AS TO FORM AND LEGALITY
City Attorney Signature
Date
Page 1 of 1
Terry Obermaier
From: Sue McCarville [SMcCarville@edenprairie.org]
Sent: Tuesday, September 20, 2005 10:45 AM
To: Terry Obermaier
Cc: Dave Mc; carescores@aol.com
Subject: change of hours
Morning Terry,
Just weighing in on the change of hours for liquor stores.
We would prefer NOT to have to go to later hours BUT BUT BUT - If St. Louis Park goes - then we would
have to because of Knollwood Liquor and Sam's Club.
So - the ideal for us would be to have it as a possibility (if other cities have the option) - but it would be
great if the other stores in Hopkins would agree not to go to those hours unless St. Louis Park or Mtka
went.
So we would like the option - can ordinances be contingent @ ?
Sue Mc
9/28/05
Page 1 of 1
Terry Obermaier
From: Dave VanDanacker [dvandanacker@eschelon.com]
Sent: Tuesday, September 13, 2005 3:12 PM
To: terryo@hopkinsmn.com
Subject: Extended hours
Attachments: "AVG certification"
Terry,
I spoke with my boss, Jack Lanners, and here are his comments with regards to staying open until 1 0:00 pm:
1. Yes, do not prohibit us from conforming with the rest of the state.
2. Staying open until 1 0:00 pm would be a convenience to shoppers, especiaily around the holidays.
3. We are already open until 1 0:00 pm Friday and Saturday, and it is not any problem.
4. Staying open until 1 0:00 pm increases the opportunity to make a few extra dollars as times and competition
continue to get more difficult, along with increased costs for rents, taxes and insurance.
Another suggestion came from Jim Farrell, Director of the Minnesota Licensed Beverage Association:
Extend the hours on a temporary basis, a "test period" so to speak. This would last until January 1 st, at which
time the City would contact the business owners and evaluate their comments, negative and/or positive, and any
problems that arose due to staying open later. At that time, the City could make a final, permanent decision.
Sincerely,
Dave VanDanacker
F.T.L. Corporation
MGM Liquor Warehouse
9/28/05
Page 1 of 1
Terry Obermaier
From: Onkar Singh [onkar1313@yahoo.com]
Sent: Tuesday, September 13,20053:15 PM
To: terryo@hopkinsmn.com
Subject: Liquor Store closing time
Hi Terry!!
We received your letter regarding the new closing time for the liquor stores. We at Richards Liquor,
believe that the new proposed 10 PM time is not a very good idea. We have very safe and responsible
citizens in Hopkins. However, We feel that the new closing time may bring about some undesired
consequences for our city. The longer we stay open, the more potential for crime, such as robberies,
drunk driving, and over drinking, we might face. So, we strongly believe in keeping our Hopkins safe
and secure the way it is, by requesting that the closing time to remain 8:00 p.m. Monday Thru
Thursday. Thank you and oblige.
Onkar Singh
Richards Liquor
22 10th Ave North
Hopkins, MN 55343
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9/28/05