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VII.5. Resolution Approving Refunds for On-Sale Liquor License Fees; BishopAugust 4, 2020 Council Report 2020-056 RESOLUTION APPROVING REFUNDS FOR ON-SALE LIQUOR LICENSE FEES Proposed Action. Staff recommends that the Council approve the following motion: Motion to Approve Resolution 2020-039 a Resolution Approving Refunds for On-Sale Liquor License Fees. Overview: Due to the COVID-19 pandemic, Minnesota Governor Walz has issued several needed executive orders that have impacted businesses. In recognition of these impacts, on June 2 the City Council approved refunding three months of license fees for on-sale liquor license holders. Because on-sale license holders are still experiencing limited sales resulting in significant revenue loss, staff is proposing the City Council issue another refund of three months of on-sale liquor license fees. In May Governor Walz issued an executive order outlining plans for bars and restaurants to open on June 1 for outdoors services so long as certain conditions, including social distancing, are maintained to prevent the spread of COVID-19. Staff waived all fees for outdoor sidewalk cafes or newly created outdoor seating areas. In June, Governor Walz allowed bars, restaurants, and other public accommodations to provide indoor service with specific requirements in place including at 50% capacity. Limited off-sale options for to-go orders are permitted for on-sale intoxicating and the on-sale wine/3.2% malt liquor license holders. The City of Hopkins licensing year runs from July 1 to June 30. Hopkins currently has licenses issued in the following license categories: Type Fee Permitted to sell On-sale Only: On-sale Intoxicating/Sunday $7,700 All types of liquor On-sale Wine & 3.2% malt liquor $1,400 Wine, malt liquor (strong beer, hard seltzer, cider) On-sale Club/Sunday $700/850* All types of liquor to members On-sale 3.2% malt liquor $600 Malt liquor sales only On & Off Sale: Taprooms $900 Only the products they produce. Fee covers on & off sale Off Sale Only: Off-sale Intoxicating $200 Permitted to intoxicating off-sale * Fee based on number of members and is set by the State. Primary Issues to Consider:  Financial Impacts Supporting Information:  Draft Resolution 2020-039 Amy Domeier, City Clerk Financial Impacts The refunds are considered targeted financial assistance to business affected by COVID -19 and will be reimbursed under the Coronavirus Aid, Relief, and Economic Security Act (CARES) funds received by the City. Estimated financial impacts for a three month refund to 19 licensees is as follows: License Type Number issued Three month refund per license Total Cost On-sale Intoxicating 8 $1,926 $15,408 On-sale Wine/3.2% malt liquor 5 $351 $1,755 Club (based on membership) 3 $174 $522 Club (based on membership) 1 $213 $213 On-Sale 3.2% malt liquor 1 $150 $150 Taproom 1 $126 $126 Grand Total $18,174 City Code Sec 4-16 states in part that no license shall be granted or renewed for operation on any premises on which taxes, assessments, service charges or other financial claims of the city or of the state are delinquent. Staff recommends that refunds follow this same language related to delinquent financial claims of the City. In discussion with the Finance Director regarding this provision, it was noted that the refund amount could be used to offset a portion of the delinquent financial claims of the City. CITY OF HOPKINS HENNEPIN COUNTY, MINNESOTA RESOLTUION 2020-039 RESOLUTION APPROVING REFUNDS FOR ON-SALE LIQUOR LICENSE FEES WHEREAS, Novel Coronavirus Disease 2019, commonly known as “COVID-19,” which is a respiratory disease that can result in serious injury or death, is spreading globally and has been identified by the World Health Organization (“WHO”) as a pandemic; and WHEREAS, on March 13, 2020, President Donald Trump declared that the COVID-19 outbreak in the United States constitutes a National Emergency; and WHEREAS, on March 13, 2020, Governor Tim Walz declared a Peacetime State of Emergency to authorize any and all necessary resources to be used in support of the COVID-19 response; and WHEREAS, on March 16, 2020, Governor Tim Walz issued Executive Order 20-04 - Providing for Temporary Closure of Bars, Restaurants, and Other Places of Public Accommodation; and WHEREAS, on March 16, 2020, the City of Hopkins declared that the COVID-19 pandemic constitutes a local emergency within the City of Hopkins, effective March 16, 2020, with all the powers and responsibilities attending thereto as provided in Minn. Stat. Ch. 12, and as otherwise provided for in the City of Hopkin’s Charter, City Code and Emergency Operations Plan (EOP); and WHEREAS, on March 25, 2020, Governor Tim Walz issued Executive Order 20-20 – Directing Minnesotans to Stay at Home until April 10 unless they are considered an essential employee; and WHEREAS, on April 8, 2020, Governor Tim Walz issued Executive Order 20-33 – Extending the Stay at Home Order and Temporary Closure of Bars, Restaurants, and Other Places of Public Accommodation until May 4, 2020; and WHEREAS, on April 30, 2020, Governor Tim Walz issued Executive Order 20-48 – Extending and Modifying the Stay at Home Order, Continuing Temporary Closure of Bars, Restaurants, and Other Places of Public Accommodation, and Allowing Additional Workers in Certain Critical Sectors to Return to Safe Workplaces, 2020; and WHEREAS, on May 13, 2020, Governor Tim Walz issued executive Order 20-56 – Safely Reopening Minnesota’s Economy and Ensuring Safe Non-Work Activities during the COVID_19 Peacetime Emergency extending the closure of bars, restaurants, and other public accommodations as set forth in Orders 2020-04, 2020-08 and 2020-18 was extended to May 31, 2020 at 11:59 p.m.; and WHEREAS, on May 27, 2020, Governor Tim Walz issued executive Order 20-63 – Continuing to Safely Reopening Minnesota’s Economy and Ensuring Safe Non-Work Activities during the COVID_19 Peacetime Emergency allowing bars, restaurants, and other public accommodations to provide outdoor service with specific requirements in place including a limit of 50 people; and WHEREAS, on May 13, 2020, Governor Tim Walz issued executive Order 20-74 – Safely Reopening Minnesota’s Economy and Ensuring Safe Non-Work Activities during the COVID_19 Peacetime Emergency extending the closure of bars, restaurants, and other public accommodations providing any indoor space must not exceed 50 percent of the normal occupant capacity and additional requirements; and WHEREAS, due to these needed actions, many businesses have been greatly impacted by a significant loss of revenue due to the closure; and WHEREAS, a request has been made to consider refunds of liquor license fees during the time of closure of bars and restaurants. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hopkins, Minnesota, that: 1. Refunds totaling three months of license fees for On-sale intoxicating, Wine/3.2% Malt Liquor, Club, On-sale 3.2% Malt Liquor, and the On-sale portion of Taproom fees are hereby approved. 2. Refunds shall not be issued to licensees with delinquent financial claims to the City. The refund shall be applied to the delinquent financial claims of the licensee to the City. Adopted by the City Council of the City of Hopkins on this 4th day of August, 2020. __________________________________ Jason Gadd, Mayor ATTEST _______________________________ Amy Domeier, City Clerk