Memo - 2nd Reading Ordinance 2003-899
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I City Clerk I
CITY OF HOPKINS
Memorandum
To:
Copy:
From:
Date:
Subject:
Honorable Mayor and City Council Members
Terry Obermaier
March 24, 2003
Second Reading, Ordinance 2003-899
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Staff recommends a motion to adopt Ordinance 2003-899 for second reading and
order publication.
At the time of the first reading, staff indicated that one change would be added for
the second reading.
1155.05, Subd, 6. Transfers. All licenses issued under this ordinance shall
be valid only on the premises for which the license was issued and only for the
person to whom the license was issued. No transfer of any license to another
location or person shall be valid. .....ithout tho prior approval of tho council.
Section 1155.05 deals with the transfer of tobacco licenses. This portion was left
out of the first reading by mistake. The change prohibits the transfer of tobacco
licenses.
Questions were brought up at the first reading about changes made to the liquor
ordinance. 1200.48, Subd. 2. was added because a manager of one of our
licensed establishment was under the impression that he could not sell after 1 :00
a.m., but that his customers could consume after 1 :00, because he was operating
a restaurant and exempt from our evacuation notice
This new section is being added to our ordinances to make it very clear that if a
restaurant with an on-sale liquor license is staying open after 1 :00, consumption as
well as the sale of alcohol will end at 1 :00 a.m. Nowhere in state statute, is it
explicitly written that on-sale establishments could not permit the consumption of
alcohol after 1 :00. a.m. State Statute does state that Club Licensees cannot
permit consumption after 1 :00, but states only that nothing can be sold after 1 :00
. for on-sale licensees.
1010 First Street South - (612) 935-8474
Memo
March 24, 2003
Page 2
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The officers of Hopkins enforce the 1 :00 rule. Sale stops at 1 :00 a.m. When "last
call" is conducted is. a management decision. Nothing in statute states that "last
call" has to be at a specific time. By law, sales can be made at any time up until
1 :00 a.m. Bar managers decide when they will sell the last beverage. Staff spoke
with one of the managers of one of the licensees, asking if any of Hopkins' Police
Officers have stated a time that last call has to occur. The answer was that the
only thing any officer has stated is that all sales must occur before 1 :00 a.m.
The premises must be evacuated by 1: 15 a.m. The evacuation of premises is set
by ordinance, not statute. The City determines when the premises must be
evacuated. No time is set by ordinance for the evacuation of employees.
Employees can remain on the premises as long as they wish as long as no alcohol is
sold after 1 :00 a.m.
Council Member Johnson asked if Restaurant is defined. The section of the
Hopkins City Code that is being referred to is stated below.
1200.48. Evacuation of Licensed Premises. Subdivision 1. No licensed
premises named in an ON SALE Intoxicating Liquor License shall remain open for
business more than 15 minutes after the closing time stated in section '1, cubd. 26
1200.46, Subd. 2. of this Ordinance. It is unlawful for a licensee or an employee
of a licensee to permit any person, other than a licensee or an employee, to remain
on said licensed premises more than 15 minutes after closing time. It is also
unlawful for any person, not a licensee or employee of a licensee, to remain on said
licensed premises more than 15 minutes after closing time. This subsection does
not apply to any restaurant as defined in MN Statute 340A.1 01, or to any premises
holding a Club License.
The section references State Statute 340A.1 01. Section 340A.1 01, is that
section that gives the definitions for the control of liquor. The statute reads as
follows: Subd.25. Restaurant. "Restaurant" is an establishment, other than a
hotel, under the control of a single proprietor or manager, where meals are regularly
prepared on the
premises and served at tables to the general public, and having a minimum seating
capacity for guests as prescribed by the appropriate license issuing authority.
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CITY OF HOPKINS
Hennepin County, Minnesota
ORDINANCE NO 2003-899
ORDINANCE AMENDING VARIOUS SECTIONS OF THE CITY CODE
THE COUNCIL OF THE CITY OF HOPKINS DOES HEREBY ORDAIN AS
FOLLOWS:
Section 1. The Hopkins City Code,
amended as follows:
Section 350.02 shall be
350.02 City employees responsible for performing the duties
required by the following positions may issue citations in lieu of arrest or
continued detention for violations of the Hopkins City Code:
a) Peace Officer and Part time peace officer
b) Reserve Officer
c) Community Service Officer
d) Building Inspector
e) Weed Inspector
f) Zoning Administrator
g) Sanitation Officer
h) Fire Chief
i) Fire Inspector
j) Fire Marshal
k) Parking Enforcement Officer
1) Housing Inspector
m) Mechanical Inspector
n) 1\bondonment,'Junk Car Inopector
n) Police Services Liaison
Section 2. The Hopkins City Code, Section 600.57, Subd. 2, shall be amended
to read as follows:
Subd. 2. Fee exemptions, license required. Food establishments in
governmental subdivisions, houses of worship, child-care homes with ten or
less children, ochoolo, and charitable and nonprofit hospitals must obtain a
license, but shall not be charged a fee therefore and are subject to all
other requirements of this section. Temporary- special event food
establishments, ;Jhooe proceedo ore dedicated for choritable purpoDcD or which
are operated by licensed food establishments, must obtain a license, but
shall not be charged a fee therefore and are subject to all other
requirements of this section.
Section 3.
follows:
The Hopkins City Code, section 600.59, shall be amended as
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600.59. LICENSE EXPIRATION. Licenses issued pursuant to this ordinance
shall expire on Deccmber 31 June 30 each year. License applications shall be
filed with the Community Service Department by July 1 of e.J.ch ye.J.r 60 days
prior to the expiration date. The fees are not pro-rated.
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Section 4. The Hopkins City Code, Section 610.07 Shall be amended as
follows:
610.07. License expiration and renewal. Licenses issued pursuant
to this section shall expire on the ~ 30th day of December June of each
year. License renewal applications shall be filed with the clerk ~days
prior to January July 1 of each year.
Section 5. The Hopkins City Code, Section 1005.17 and 1005.29 shall be
amended as follows:
1005.17. Transfer of license. Unleoo other.doe provided in thio
~ No license shall be transferable to another person, business,
corporation, or location. ..ithout the authorizQ.tion of the council.
1005.29. Tranofer of licenoeo. !my licenoe duly iooued upon ',,'hich a
licenoe fee of $10.00 or more haD been pQ.id m.J.Y be trQ.noferred or Q.ooigned,
ohould the licenoee deoire to change hiD plQ.ce of buoineoo to Q. nc~, location.
The city manager may Q.t hiD direction and under ouch regulQ.tiono 0.0 he mQ.y
preocribe and on ourrender of the original licenoe accompanied by a trQ.nofer
fee eot.J.bliohed from time to time by reoolution of the city council, iocue .J.
ne'.,' licenoe for the ne.,' location provided that the pro'.rioiono of thio code
.J.nd other .J.pplicable ordin.J.nceD of the city .J.uthorizing the gr.J.nting of ouch
licence Q.re complied ',dth, including oeparate in';eotigation feeD and expenoeo
whenever required.
Section 6. The Hopkins City Code, Section 1100.03, Subd. 3. shall be
deleted.
1100.03 Cubd. 3. No liquor. No peroon nhall Q.t Q.ny time bring to, or
Dell, diopenoe, give a'.,'Q.y, uoe or drink .J.ny intoxicating liquor in any public
dQ.nce h.J.ll, or plQ.ce for holding public dQ.ncen in the city.
Section 7. The Hopkins City Code, Section 1100.03, Subd. 4. shall be amended
as follows:
1100.03 Subd. 4. Hours. No public dance may be conducted on Sunday, or
between the hours of 12:01 A.M. and 6:00 A.M. on other days. I'lQ.ceo in '.,hich
public danceD arc conducted in the city ohall be cloned during the houro
public dQ.nceo are prohibited therein.
Section 8. The Hopkins City Code, Section 1115.05 shall be amended as
follows:
1115.05
business of
City License Required. No person shall engage in the
a) New motor vehicle dealer,
b) Used motor vehicle dealer,
c) Motor vehiclee broker,
d) Motor vehicle wholesaler, or
e) Motor vehicle auctioneer,
as those terms are defined by state law, without a current ~ license
therefore from the City of Hopkins. Every person holding such a license
shall file a copy of the current State certificate of license with the clerk,
who shall maintain a register of such state licenses. Failure of a licensee
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to supply the clerk with a copy of the current state license is a violation
of this code.
Section 9. The Hopkins City Code, Section 1140.03, Subd. shall be amended
as follows:
1140.03 Subd. 4. Issuance: term. Upon approval of the application by
the council, the clerk shall issue a license to the applicant the license
expires on the December 31 June 30 next following.
Section 10. The Hopkins City Code, Section 1145.17 shall be amended as
follows:
1145.17. Registration Period. Registration shall be valid only for
the calendar year. All registrations shall expire on December. 31 June 30
after their issue. The registration fee shall remain the same throughout the
year.
Section 11.
follows:
The Hopkins City Code, Section 1150.11 Shall be amended as
1150.11 License Period and License Fee. Licenses shall be issued for a
c~lend~r ye~r one year. The license fee is established in Chapter X of the
Hopkins City Code. License fees shall not be prorated.
Section 12. The Hopkins City Code, Section 1155.03 is renumbered as Section
1155.04 and the following new Sections 1155.02 and 1155.03 are added and
Section 1155.05 Subd. 4 and 6 are amended to read as follows:
1155.02. State laws adopted by reference. Minnesota Statutes,
section 461, is adopted by reference and made a part of this code as if fully
set forth herein. A violation of the provisions of the statutes adopted by
reference herein is a violation of this code.
1115.03. Federal laws adopted by reference. Code of Federal
Regulations, Part 897 Cigarettes and Smokeless Tobacco, is adopted by
reference and made a. part of this code as if fully set forth herein. A
violation of the provisions of the Regulations adopted by reference herein is
a violation of this code.
1155.05, Subd. 4. Term. All licenses issued under this ordinance shall
expire on December 31 June 30 of each calendar year.
1155.05, Subd, 6. Transfers. All licenses issued under this ordinance
shall be valid only on the premises for which the license was issued and only
for the person to whom the license was issued. No transfer of any license to
another location or person shall be valid. ~ithout the prior ~pproval of the
council.
Section 13. The Hopkins City Code, Section 1165.09, shall be amended as
follows:
1165.09. Location. Adult oriented Businesses may only be located in
districts authorized in the City's Zoning Ordinance. No Adult Oriented
Businesses shall located less than 300 (three hundred) feet from any
residential zoning district boundary or from the property line of a site used
for residential purposes, or less than 350 feet from any off -sale liquor
business, or less than 1,000 {one thousand )feet from the property line of
any church site, any school site, any day care facility, or any park. In
addition, no Adult Oriented Business may be located within 1,000 (one
thousand) feet of another Adult Oriented Business. For purposes of this
ordinance, this distance shall be a horizontal measurement from the nearest
existing residential district boundary or the property line of any site used
for residential purposes, church site, school site, day care site, youth
facility, park site, or another Adult Oriented Business site to the nearest
property line of the proposed Adult Oriented Business site.
Section 14.
follows:
The Hopkins City Code, Section 1180.02 shall be added to read as
1180.02 Location.
located less than 1000 feet
1165 of this City Code, nor
less than 350 feet' from any
No license will be issued to a location that is
from any adult business as regulated by section
shall any license be issued to a location that is
off-sale liquor business.
Section 15. The Hopkins City Code, Section 1185.05, Subd. 2. shall be
amended as follows:
Subd. 2. The license will be effective for one year and run from
J~nu~ry 1 July 1 through December 31 June 30 of the license year.
Section 16. The Hopkins City Code, Section 1200.40, Subd. 2. shall be
amended as follows:
Subd. 2. New Licenses required under this section will require the
full investigation fee to be paid by the applicant. The license fee will be
pro-rated according to oubd. 13 Section 1200.25.
Section 17. The Hopkins City Code, Section 1200.46, Subd. 2. shall be
amended as follows:
Subd.2. Intoxicating liquor; on-sale. No sale of intoxicating liquor for
consumption on the licensed premises may be made:
(1) between 1:00 a.m. and 8:00 a.m. on the days of Monday through
Saturday;
(2) after 1:00 a.m. on Sundays, except as provided by oection 1, oubd.
~ Subd. 3.
Section 18. The Hopkins City Code, Section 1200.48 Shall be amended as
follows:
1200.48. Evacuation of Licensed Premises. Subdivision 1. No licensed
premises named in an ON SALE Intoxicating Liquor License shall remain open
for business more than 15 minutes after the closing time stated in section 4,
oubd. 26 1200.46, Subd. 2. of this Ordinance. It is unlawful for a licensee
or an employee of a licensee to permit any person, other than a licensee or
an employee, to remain on said licensed premises more than 15 minutes after
closing time. It is also unlawful for any person, not a licensee or employee
of a licensee, to remain on said licensed premises more than 15 minutes after
closing time. This subsection does not apply to any restaurant as defined in
MN Statute 340A.101, or to any premises holding a Club License.
Subd. 2. No restaurant or Club that is exempt from section 1200.48
shall serve alcohol, or permit the consumption of alcohol on the premises
after 1:00 a.m. Restaurants and Clubs that remain open after 1:00 shall
remain open only for the sale of food.
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Section 19. The Hopkins City Code, Section 1005.05 shall be amended as
follows:
Subd. 2. Double fees. A double fee may be charged any business
which fails to secure a license in a timely manner. This provision shall
apply to any business which fails to renew a license by the end of J~nu~ry
June. It will also apply in the case of a business seeking a new or
temporary license where the business opens or the activity begins prior to
applying for a license. (Amended Ord. #96-782)
Section 20. The Hopkins City Code, Section 1100.03, Subd. 5. shall be
deleted.
8ubd. S.
ouboection the
hereby adopted
Ctate l~',.. ~dopted. Except ~o other,doe
provioiono of Hinneoot~ Ctatuteo, 8ectiono
by reference, apply to public danceD.
prmrided in thio
621..12 to 621..52,
Section 21.
follows:
The Hopkins City Code, Section 321.01 shall be amended as
325.01. subdivision 1. Zoning and planning commission established.
The zoning and planning commission is created and continued. The commission
shall consist of seven persons who have been a resident of the city for one
year or more on the date of appointment and one Staff Liaison to be appointed
by the City Manager. the rlanning and Economic Development Director, ~nd
City Council meHlbero, aD me officio membero. Each member except the rlanning
and Economic Development Director and City Council member shall have the
right to vote on all matters before the commission. Citizen member terms of
office shall be for two years. Three citizen members of the commission shall
be appointed on July 1st of each odd numbered year and four shall be
appointed on July 1st of each even numbered year. Citizen members appointed
to complete a current term of office shall be considered to have served a
term of office if the appointment is to an office which is less than half
completed. If the appointment is to an office which is more than half
completed the appointment the appointment will not be considered a term of
office. Citizen members shall serve no more than two consecutive terms of
office. The Council member shall serve for a term of one year and may be
eligible for a consecutive one year reappointment. (Amended Ord. No. 87-581,
Sec. 1)
Section 22. The Hopkins City Code, Section 355.09, Subd. 3. shall be amended
as follows:
Subd. 3. The hearing shall be scheduled to occur within ~ 45 days of
receiving a request for a hearing. Notice of the hearing must be served on
the person responsible for the violation at least 14 days in advance, unless
a shorter time is accepted by all parties. Service of the Notice will be by
first class mail and will be complete upon mailing. At the hearing, the
parties will have the opportunity to present testimony and question any
witnesses, but strict rules of evidence will not apply. The hearing officer
must tape record the hearing and receive testimony and exhibits. The officer
must receive and give weight to evidence, including hearsay evidence, that
possesses probative value commonly accepted by reasonable and prudent people
in the conduct of their affairs.
Section 23.
deleted.
The Hopkins City Code, Section 1100.01, Subd. 3. shall be
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8ubd. 3. Conditione. The~tree, oper~ houoeo, or other buildingo
eh~ll have ~t le~et one exit to the ground in addition to the m~in entr~nee
for uee in c~ee of fire, ;;hich eh~ll be acceooible ~t ~ll timeo, and if above
the ground ohall have one fire proof ot~ir,;~y or fire eec~pe for ingrooo ~nd
egreoo,
Section 24.
follows:
t) The fee schedule as set forth in the 1997 edition of the Uniform
Building Code.
Section 400.03, Subd. 2. shall be amended by adding item t) as
Section 25. Section 500.75 shall be amended as follows:
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8ubd. 7 .The l~nd dedication ~nd/or the caoh contribution in lieu of
l~nd dedication ohall be b~oed on the follo~ing. C~lcul~ted aD follo~o.
(A) Reoidenti~l,
8ingle Family D..:c1ling................... $500.00 per unit
T',,'o F~mily D',;elling...................... $500.00 per unit
l\p~rtmento and Tm:nhoueeo. . . . . . . . . . . . " .. $200.00 per unit
(B) Commercial, induotrial ~nd other oubdivioiono,
Eotim~ted f~ir m~rket value of the property required to be dedic~ted to
the City in 8ubdivieion 2, determined by the City aooeeoor ~o of the d~te of
the ~pproval of the fin~l pl~t, replat, oubdivioion or ;J~iver of the pl~ting.
The eotim~ted f~ir m~r]cet v~lue oh~ll include ',{~lue ~dded to the property by
utilitieo, otreeto, ~nd other public improvemento oerving the land but oh~ll
exclude v~lue ~dded by other impro',{emento to the l~nd. (l\mended by Ord 2000
~ Park Dedication contributions will be establihsed in Chapter 10 of the
Hopkins City Code and set from time to time by resolution of the City
Council.
Section 26. The effective dat~ of this ordinance shall be the date of
publication.
First Reading
Second Reading
Date of publication
Effective Date
March 18, 2003
April 8, 2003
April 17, 2003
April 17, 2003
Gene Maxwell, Mayor
ATTEST:
Terry Obermaier, City Clerk
APPROVED AS TO FORM AND LEGALITY:
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City Attorney Signature
Date