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CR 2003-096 Resoulution Amending Fees for Licenses for sale of fireworks ~'-J . June 12, 2003 Council Report 2003-096 Resolution Amending Fees for Licenses for The Sale of Fireworks Proposed Action Staff recommends adoption of the following motion: Move to adopt Resolution 2003-53. resolution settinq fees for licenses to sell fireworks. Overview The state recently passed legislation that limits the fees that cities may set for licenses to sell fireworks to $ 350 for those who are only selling fireworks and $ 100 for others. The legislation may also limit the cities' ability to prohibit temporary fireworks stands. The current fee that the City charges for a license to sell fireworks is $200. This fee will need to be changed to $100. If the City is required to issue a license to a temporary fireworks stand, that would be a merchant that sells only fireworks and we would be allowed to charge $345 for that license. In the event that the City is required to issue that license, staff recommends that the City have the higher fee in place. Primary Issues to Consider At the time of the writing of this report, the City Attorney has not been able to completely review the standards that are referred to in the legislation that was passed. That will have been accomplished by the time of the meeting on Tuesday. SupportinQ Documents . Resolution 2003-53, Resolution Setting Fees for Licenses to Sell Fireworks . Copy of recently passed legislation ~~ Terry Obermaier, City Clerk Financial Impact: $ Budgeted: Y/N Related Documents (CIP, ERP, etc.): Notes: Source: . . CITY OF HOPKINS HENNEPIN COUNTY , MINNESOTA RESOLUTION 2003-53 RESOLUTION AMENDING THE FEES FOR A LICENSE TO SELL FIREWORKS WHEREAS, The fee for a license to sell fireworks was set in Chapter X of the Hopkins City Code by Resolution 2003-009 at $200 and; WHEREAS, The State of Minnesota recently passed legislation limiting the fees that could be set to sell fireworks at $ 345 for a merchant that sells only fireworks and at $100 for all others and; WHEREAS, The City has a desire to set fees to be in compliance with State Statute, . NOW, THEREFORE BE IT RESOLVED, that the following fees shall be charged for a license to sell fireworks: A business that sells only fireworks: . A business that sells fireworks in addition to other merchandise: $345.00 $100.00 Adopted by the City Council of the City of Hopkins this 17th day of June, 2003. By Eugene J. Maxwell, Mayor ATTEST: Terry Obermaier, City Clerk . . Sec. 6. Minnesota Statutes 2002, section 624.20, 374.2 subdivision 1, is amended to read: 374.3 Subdivision 1. (a) As used in sections 624.20 to 624.25, 374.4 the term "fireworks" means any substance or combination of 374.5 substances or article prepared for the purpose of producing a 374.6 visible or an audible effect by combustion, explosion, 374.7 deflagration, or detonation, and includes blank cartridges, toy 374.8 cannons, and toy canes in which explosives are used, the type of 374.9 balloons which require fire underneath to propel them, 374.10 firecrackers, torpedoes, skyrockets, Roman candles, daygo bombs, 374.11 sparklers other than those specified in paragraph (c), or other 374.12 fireworks of like construction, and any fireworks containing any 374.13 explosive or inflammable compound, or any tablets or other. 374.14 device containing any explosive substance and commonly used as 374.15 fireworks. 374.16 (b) The term "fireworks" shall not include toy pistols, toy 374.17 guns, in which paper caps containing 25/100 grains or less of 374.18 explosive compound are used and toy pistol caps which contain 374.19 less than 20/100 grains of explosive mixture. 374.20 (c) The term also does not include wire or wood sparklers 374.21 of not more than 100 grams of mixture per item, other sparkling 374.22 items which are nonexplosive and nonaerial and contain 75 grams 374.23 or less of chemical mixture per tube or a total of 200 grams or 374.24 less for multiple tubes, snakes and glow worms, smoke devices, 374.25 or trick noisemakers which include paper streamers, party 374.26 poppers, string poppers, snappers, and drop pops, each 374.27 consisting of not more than twenty-five hundredths grains of 374.28 explosive mixture. The use of items listed in this paragraph is 374.29 not permitted on public property. This paragraph does not 374.30 authorize the purchase of items listed in it by persons younger 374.31 than 18 years of age. The age of a purchaser of items listed in 374.32 this paragraph must be verified by photographic identification. 374.33 (d) A local unit of government may impose an annual license 374.34 fee for the retail sale of items authorized under paragraph 374.35 (c). The annual license fee of each retail seller that is in 374.36 the business of selling only the items authorized under 375.1 paragraph (c) may not exceed $350, and the annual license of . . . 375.2 each other retail seller may not exceed $100. A local unit of 375.3 government may not: 375.4 (1) impose any fee or charge. other than the fee authorized 375.5 by this paragraph, on the retail sale of items authorized under 375.6 paragraph (c); 375.7 (2) prohibit or restrict the display of items for permanent 375.8 or temporary retail sale authorized under paragraph (c) that 375.9 comply with National Fire Protection Association Standard 1124 375.10 (2003 edition); or 375.11 (3) impose on a retail seller any financial guarantee 375.12 requirements, including bonding or insurance provisions, 375.13 containing restrictions or conditions not imposed on the same 375.14 basis on all other business licensees. 375.15 [EFFECTIVE DATE.] This section is effective the day 375.16 following final enactment. / , CITY OF HOPKINS HENNEPIN COUNTY MINNESOTA RESOLUTION NO. 2003-054 \ RESOLUTION FOR AWARD OF BIDS PAVILION RENOVATION PROJECT BID PACKAGE NO.1 BE IT RESOLVED BY THE CITY COUNCIL OF HOPKINS, MINNESOTA, that the contractors listed below and the associated bid amounts shown are the lowest responsive bids for Pavilion Renovation project, Bid Package No. 1 and the Mayor and City Manager are hereby authorized and directed to enter into contracts with said bidders for and on behalf of the City. BID DIVISION CONTRACTOR BID AMOUNT Floor Topping Del's Construction Company, Inc. $18,887.00 $32,000.00 Install elevator Schindler Elevator Corporation Adopted by the City Council of Hopkins, Minnesota, this 17th day of June 2003. By Eugene J. Maxwell, Mayor ATTEST: Terry Obermaier, City Clerk .