Memo - Second reading of Ordinance 2008-997
CITY OF HOPKINS
MEMORANDUM
To:
Hopkins City Council
Terry Obermaier4-
April 10, 2008
From:
'bate:
Subject:
Second Reading of Ordinance 2008-997
Staff recommends that the Council approve the following motion: Move that the Hopkins City
Council approve Ordinance 2008-997 for second reading and order publication.
This is the second reading of an ordinance that amends section 1200.12 and 1200.19 of the
Hopkins City Code.
There has been one change. The sentence regarding current licensees was removed and
replaced by Subdivision 2 with language that was provided by the City Attorney.
A copy of the ordinance is attached.
Ordinance 2008-997
Page 2
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 1200.12 of the Hopkins City Code shall be amended as
follows:
1200.12 . Subdivision 1. 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.
Subd 2. This Section shall not be applicable to the issuance of a
new license required for the sale of a business with an existinq off-sale
liquor license or off-sale 3.2 percent malt liquor license provided that:
a. the new license is of the same type as the old license;
b. the new license is issued for the same location as the old
license; and
c. there is no more than a fourteen consecutive day discontinuance
of the licensed business activity at the licensed location.
Section 2. Section 1200.19 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 qrocery or convenience store
b. a golf course.
Section 3. Section 1200.20 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.
Section 4.
First Reading
Second Reading
Date of. Publication
Date Ordinance Takes Effect
April 1, 2008
April 15, 2001
April 24, 2008
April 24, 2008
Eugene J. Maxwell, Mayor
ATTEST:
Terry Obermaier, City Clerk
APPROVED AS TO FORM AND LEGALITY:
City Attorney Signature
Date