CR2003-109 Ord 908-100.48-evacuation of Premises
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July 29, 2003
Cou ncil Report 2003-109
First Reading, Ordinance 2003-908, Amending
City Code Section 1200.48, I;vacuation of Premises.
Proposed Action
Staff recommends adoption of the following motion: Move to adopt Ordinance 2003-
908 for first reading.
Overview
Several years ago, state rules requiring evacuation of liquor establishments within 15
minutes of closing changed by exempting restaurants and clubs from the requirement.
Current ordinance reflects that change. The police department has determined that
changing the current ordinance by removing the exemptions will best serve the
community.
Primary Issues to Consider
. Why was the exemption allowed
. What is the reason for removing the exemptions
. Issue of consumption
. Notification
Supportin~ Documents
. Copy of Ordinance 2003-908
~~
Terry Obermaier, City Clerk
Financial Impact: $ Budgeted: Y/N
Related Documents (CIP, ERP, etc.):
Notes:
Source:
City Council Report 2003-109
Page 2
Primary Issues to Consider
. Why was the exemption allowed
Bar/restaurants and clubs were allowed to stay open after the 1 :00 closing time and
exempt from evacuating within 15 minutes after closing so that they could serve food to
their customers. At that time, people would leave bars and clubs and go elsewhere to
eat. Bars and clubs that served food wanted to keep their customers for food service.
. What is the reason for removing the exemptions
None of the bar/restaurants or clubs keep their kitchens open until closing. They do not
serve food. There seems to be confusion about when they can allow customers to stay
on the premises after the evacuation time. It has been difficult for the police who have
other things to do. It seems that the easiest way to clarify the confusion is to remove
the exemption.
. Issue of consumption
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The issue of consumption by any customers and by employees after closing is also
clarified in this ordinance. Consumption by employees after closing has always been
addressed in Liquor Control Rules. Rules have the same weight as law, but are not as
widely published.
. Notification
All on-sale liquor and club licensees have been sent a copy of the report and the new
ordinance. They have all been notified that the first hearing of this ordinance is on
August 6th and the second reading is on August 19th. They have also been notified that
the ordinance will take effect on August 28tti. They have also been notified that at this
time we expect evacuation of customers within 15 minutes of closing time if they do not
have a kitchen open.
A letter from Chief Reid outlining the City's expectations was sent with the report and
letter.
Alternatives
1. Adopt Ordinance 2003-908 for first reading.
2. Continue the item for more information.
3. Do not adopt Ordinance 2003-908.
Staff recommends alternative one.
i
City Council Report 2003-109
Page 3
CITY OF HOPKINS
HENNEPIN COUNTY
MINNESOTA
ORDINANCE 2003-908
AN ORDINANCE AMENDING SECTION 1200.48 OF THE HOPKINS CITY CODE
The City Council of the City of Hopkins does hereby ordain:
Section 1. 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 1200.46, Subd. 2 or section 1246, subd. 4 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. Thio ouboection doeo not ~pply to ~ny reot~ur~nt ~o defined in
PRl St~tute 310~.101, or to ~ny premioeo holding ~ Club Licenoe.
Subd. 2. No licensee or employee of a licensee shall consume
reot~ur~nt or Club that io e)(empt from oection 1200.18 oh~ll oerve
alcohol, or permit the consumption of alcohol on the premises after
1:00 ~.m. closing as stated in section 1200.46, subd.2 and subd. 4.
Reot~ur~nto ~nd Clubo th~t rem~in open ~fter 1.00 oh~ll rem~in open
only for the o~le of food. (Added by Ord. 2003-899) (Amended, ord.
2003-
Section 2. The effective date of this ordinance shall be the date of
publication.
First Reading
Second Reading
Date of Publication
Effective Date
August 6, 2003
August 19, 2003
August 28, 2003
August 28, 2003
Eugene J. Maxwell, Mayor
Attest:
Terry Obermaier, City Clerk
APPROVED AS TO FORM AND LEGALITY:
City Attorney Signature
Date