CR 08-034 Ordinance 2008-997, Amending Sec 1200, Sale, Consumption, & Display of Liquor, Beer and WineMarch 26, 2008 Council Report 2008 -034
First Reading Ordinance 2008 -997, Amending Section 1200, Sale, Consumption,
and Display of Liquor, Beer and Wine
Proposed Action
Staff recommends adoption of the following motion: Move to approve Ordinance 2008-
997 for first reading.
Overview
Section 1200.12 will be changed to include distance limitations for 3.2 percent malt
liquor off -sale licenses. The term "liquor store" will be more clearly defined. In any
case, the addition of 1200.12 should not effect the sale of any existing business.
Section 1200.19 will define the types of businesses that can be granted an off -sale 3.2
percent malt liquor license.
Section 1200.20 is a housekeeping action that will classify exemptions for both types of
3.2 malt liquor licenses. Currently it is a subdivision under Off -sale 3.2 percent malt
liquor licenses, but refers to both on -sale and off -sale.
Primary Issues to Consider
• Locations for 3.2 percent malt liquor licenses
• Defining "liquor store"
• Existing businesses
• Types of businesses that a 3.2 percent off -sale malt liquor license can be issued
to
Supporting Documents
• Copy of Ordinance 2008 -997
Terry Obermaier, City Clerk
Financial Impact: $ Budgeted: Y/N Source:
Related Documents (CIP, ERP, etc.):
Notes:
CR 2008 -034
Page 2
In 2003, Ordinance 897 was adopted. Ordinance 2003 -897 limited where new off -sale
liquor stores could be located in relationship to schools, daycare centers, and religious
institutions as well as existing liquor stores, pawn shops, licensed currency exchange,
and adult oriented businesses. Throughout Section 1200, 3.2 percent malt liquor is
treated the same as liquor. When Ordinance 2003 -897 was adopted, the inclusion of
3.2 percent malt liquor was overlooked in both the wording and in the placement of the
new wording within the ordinance. This Ordinance will include off -sale 3.2 percent malt
liquor licenses in the location restrictions.
• Defining "liquor store"
The Ordinance states that "Furthermore, no new off -sale license shall be granted for
any building within 350 feet of any existing liquor store " Currently, there is one
establishment in the City that holds a combination on- sale /off -sale license. Adding
"exclusive off - sale" prior to liquor store will establish that the City is requiring a distance
of 350 feet from an exclusive off -sale liquor store, not from a combination license.
• Existing businesses
This change would allow the issuance of a new license to a business that is in
existence today, if the owner would want to sell the business.
• Types of businesses that a 3.2 percent off -sale malt liquor license can be
issued to
When the Liquor ordinance was re- written, State Statute defined the types of
businesses that could obtain an off -sale 3.2 percent malt liquor license so types of
businesses were not included in the City ordinance. A few years ago, the State
Statutes on Liquor Control were re- written and that distinction was left out of Statute
The way Section 1200 is currently written, an on -sale 3.2 percent malt liquor license
can be issued to certain businesses such as drugstores, restaurants, hotels, clubs,
bowling centers where food is prepared and served for consumption on the premises
An off -sale 3.2 percent malt liquor license could be issued to any business such as a
restaurant, a car dealership, a beauty shop, a tobacco shop, etc. because the City has
not defined or limited the type of business that an off -sale 3.2 percent malt liquor
license could be issued to. The addition of section 1200.19 would limit the issuance of
an off -sale 3.2 percent malt liquor license to grocery and convenience stores and to the
golf course.
Alternatives
1. Approve Ordinance 2008 -997 for first reading
2. Continue the item for additional information
3. Do neither with no action on the item
Staff recommends alternative one.
CITY OF HOPKINS
Hennepin County, Minnesota
ORDINANCE 2008 -997
AN ORDINANCE AMENDING SECTION 1200, SALE, CONSUMPTION AND
DISPLAY OF LIQUOR, BEER AND WINE
The City Council of the City of Hopkins does hereby ordain as follows:
Section 1. Section 1 200.1 2 of the Hopkins City Code shall be amended as
follows:
1200.12. No new off -sale liquor license or off -sale 3.2 percent malt
liquor license shall be granted for any building within 350 feet of any
elementary or secondary school; daycare center; or religious institution.
Furthermore, no new off -sale liquor license or off -sale 3.2 percent malt
liquor license shall be granted for any building within 350 feet of any
existing exclusive off -sale liquor store, pawn shop, licensed currency
exchange, or any business licensed under Section 1160 or 1165 of the Hopkins
City Code (Adult businesses.) For purposes of this ordinance, this distance
shall be a horizontal measurement from the nearest existing property line of
any church site, school site, day care site, or the site of any existing
exclusive off -sale liquor store, pawn shop, licensed currency exchange, or
any business licensed under Section 1165 of the Hopkins City Code, to the
nearest property line of the proposed off -sale liquor site or off -sale 3.2
percent malt liquor site. This ordinance shall in no way effect the sale of a
business that is licensed on April 1, 2008.(Added by Ord. 2003 -897)
Section 2. Section 1 200.1 9 shall be amended as follows:
1200.19. 3.2 percent malt liquor, off sale. Subdivision 1. A 3.2 percent
off -sale malt liquor license may be issued to permit the sale of beer in the
original packages for removal from and consumption off the premises only.
Subd. 2. 3.2 percent malt liquor licenses may be issued to:
a. a grocery or convenience store
b. a golf course.
Section 3. Section 1 200.20 shall be added.
Subd. 2. 1200.20 Exemptions from the requirement to obtain 3.2 percent malt
liquor licenses.
a. Any person licensed to sell intoxicating liquor at on -sale shall not
be required to obtain a 3.2 percent malt liquor on -sale and may sell
3.2 percent beer at on -sale without further license.
b. Any person licensed to sell intoxicating liquor at off -sale shall
not be required to obtain a 3.2 percent malt liquor off -sale license
and may sell 3.2 beer without further license.
Ordinance 2008 -997
Page 2
Section 4.
First Reading
Second Reading
Date of Publication
Date Ordinance Takes Effect
ATTEST:
Terry Obermaier, City Clerk
APPROVED AS TO FORM AND LEGALITY:
April 1, 2008
April 15, 2001
April 24, 2008
April 24, 2008
City Attorney Signature Date
Eugene J. Maxwell, Mayor