CR 05-118 Ordinance 2005-957 Amending Section 1200
August 25, 2005
Council Report 2005-118
Approve Ordinance 2005-957, Amending Section 1200 of the
Hopkins City Code
Proposed Action
Staff recommends adoption of the following motion: Adopt Ordinance 2005-957,
amending Section 1200 of the Hopkins City Code for first reading.
Overview
In June the State passed a law that allows off-sale liquor establishments to remain
open until 1 0:00 p.m. on Monday through Thursday. The same bill allows on-sale
alcohol and 3.2 beer licensees to begin sales on Sunday at 10:00 a.m. if the licensee is
a restaurant, hotel, club, or bowling center with a seating capacity for at least 30
persons. Hopkins has adopted the State statute, but lists the times for opening in the
ordinance. To maintain consistency with the statute, the ordinance needs to be
changed.
Letters were sent to all Off-sale Liquor Establishments, notifying them of the change
and the date of the Council Meeting.
Primary Issues to Consider
. Should the City change the ordinance
Supportina Documents
. Copy of Ordinance 2005-957
. Copy of Senate Bill available in City Clerk's office
. Copy of results of survey done by City of Minnetonka
~~~
Terry Obermaier, City Clerk
Financial Impact: $ Budgeted: Y/N
Related Documents (CIP, ERP, etc.):
Notes:
Source:
Council Report 2005-118
Page 2
. Should the City change the ordinance and allow off-sale establishments to
be open until 10:00 p.m. on Monday through Thursday
State Law allows the City to be more restrictive than the Statute. The City is not
required to change the closing time from 8:00 p.m. to 10:00 p.m.
Several licensees have called about the change to the State Statute. Some are asking
that the City allow the 10:00 closing and some have asked that the City does not
change the ordinance.
The second change to the statute would allow the on-sale of liquor and 3.2 beer to
begin at 10:00 on Sundays. In the past, on-sale could begin at 10:00, only in
conjunction with the sale of food. With the change, all sales could begin at 10:00 a,m,
The City of Minnetonka did a survey of what other Cities in the area are doing as far as
the off-sale time change is concerned. Val Northway shared that survey with Hopkins
staff. Hopkins staff has added the comment from Minnetonka staff.
. Recommendation
1, Adopt Ordinance 2005-957 for first reading.
2, Adopt Ordinance 2005-957 for first reading with changes for second reading
3, Do not adopt Ordinance 2005-957
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 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 in oonjunotien with the salo of foes 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 &00 10:00 p.m. on Monday through Thursday Saturday. and aftor
10:00 J3.A'l. en Frida.,. and aat(,JrElay. .^.n off sale lioensee A'loy 5011 into)(ioating
liquor until 10:00 J3.A'l. en Dooomber d1 ans July d, and on tho day preseding
Thanks€li'/ing day, unless otAer'Niso prohibited.
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
September 20, 2005
September 29, 2005
September 29, 2005
Eugene J. Maxwell, Mayor
ATTEST:
Terry Obermaier, City Clerk
APPROVED AS TO FORM AND LEGALITY
City Attorney Signature
Date
Council Report 2005-118
Page 3
Survey Regarding New Off-Sale Liquor Store Hours
What are you doing regarding the Senate File 664 change to hours-of-operation for off sale liquor
stores?
Cities with Municipal Liquor Stores:
Edina: They are talking about it, but currently close at 8 p.m. Steve Grausom
(612-928-4555) says they have 3 mum's. Two are in an area where they
will remain an 8 p.m. closing. The 3'd muni is by Southdale. He thinks that
may consider keeping that one open until 9 p.m.
Wayzata:
They have 1 muni. They did not know about the change in the law, they
have not even discussed staying open later.
Shorewood:
They have 2 muni's. They also did not know anything about the change in
hours, but they follow the state law, so could stay open later.
Eden Prairie:
They have 3 muni's. They have known about the legislation for over a
month, but they are still just looking into it.
Cities with privately owned liquor stores:
Golden Valley The City Council will be discussing the closing time at a September work
session in September and would not decide until October. Their code is
written like Hopkins and Minnetonka.
Minnetonka
They will not change until licensees request change. So far, only phone
calls have been to request no change.
Plymouth:
They follow the state, so liquor stores may be open until 1 0 p.m.
Hopkins
Their ordinance is like ours. It restricts the closing time to 8 p.m.
St. Louis Park:
They follow the state statute, so they would allow 10 p.m.
Maple Grove:
At their last city council meeting, they changed their ordinance to match
the state = may be open until 1 0 p.m.
Edina reported the following:
Bloomington:
Edina staff saw a sign in the window in Bloomington - now open until 1 0
p.m.
Richfield:
Edina staff thinks they will follow Bloomington and stay open until 1 0
p.m..