CR 2003-039 Amending Various Sections of the city code
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March 10, 2003
Council Report 2003-039
Approve Ordinance 2003-899
Amending Various Sections of the City Code
Proposed Action
Staff recommends adoption of the following motion: Approve Ordinance 2003-899,
Ordinance Amendinq Various Sections of the City Code, for first readinQ.
Overview
In the recent past, a change was made to Section 1005.11, changing the term of
licenses from January 1st through December 31st to from July 1st through June 30th,
Various sections of the City Code state the term of a license. This ordinance changes
the dates throughout the City Code to make it uniform.
Other changes that have been made are also basic housekeeping changes. The
reasons for those changes are listed in this report.
Primary Issues to Consider
. These are basic housekeeping changes.
SupportinQ Documents
. Ordinance 2003-899
. Copy of the 1997 Building Permit Fee schedule
~~
Terry Obermaier, City Clerk
Financial Impact: $ Budgeted: Y/N
Related Documents (CIP, ERP, etc.):
Notes:
Changes
Source:
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Council Report 2003-039
Page 2
350.02 City employees responsible for performing the duties required by the
following positions may issue citations in lieu of arrest or continued detention for
violations of the Hopkins City Code:
n) AbJndonment/Junk CJr Inspector
n) Police Services Liaison
The Abandonment Junk Car Inspector has been removed because there isn't one.
The Police Services Liaison has been added to the list of staff that is empowered to
issue citations. This is the staff member that sets up the compliance checks for both
liquor and tobacco.
Section 2:
Section 600.57 allows exemption from the fee for a temporary food stand for the
following: "Whose proceeds are dedicated for charitable purposes". This does not
mean that all non-profit organizations are exempt, only those whose direct proceeds go
to charities. It is confusing to administer. Also, when we have a community event, the
inspector goes around to inspect each vendor. He in turn charges us for the
inspections. The fees are set to cover the cost of those inspections.
State Statute recently changed to remove schools from the exemption of fees. One of
the agreements for having our own Environmental Health Inspector is that we adopt the
State Food Code in its entirety. This change was made to the State food code.
. Section 5:
Section 1 005.17 ,_Transfer of license. Unloss otherwise provided in this code, No
license shall be transferable to another person, business, corporation, or location.
without the authorization of the council.
This change deals with the transfer of licenses. It clearly states that transfers are not
allowed.
Section 6:
Section 1100.03. This section deals with places where public dances are held and
states that no liquor shall be sold dispensed, given away or consumed in a place where
a public dance is held. The ordinance was adopted from State Statute and is old and
out of date. In practice, we allow alcohol to be served in places holding public dances.
(Jaycees, liquor establishments, and clubs)
Section 7:
1100.03 This section is also about public dances and is taken from statutes that have
never been updated. We license public dance floors in liquor establishments that stay
open past 12:00 a.m.
Section 8:
1115.05 City License Required. No person shall engage in the business of
a) New motor vehicle dealer,
b) Used motor vehicle dealer,
Council Report 2003-039
Page 3
c) Motor vehicle broker,
d) Motor vehicle wholesaler, or
e) Motor vehicle auctioneer,
as those terms are defined by state law, without a current state license therefore from
the City of Hopkins. Every person holding such a license shall file a copy of the current
State certificate of license with the clerk, who shall maintain a register of such state
licenses.
This section corrects an error. We issue a City License and we do require a current
state license. We do require the licensee to submit a copy of their state license.
Section 12:
Section 1155 regulates the sale of tobacco. This change incorporates formal adoption
of State and Federal Statutes by reference. This makes it easer for the City to initiate
enforcement of 'those statutes.
Section 13:
Section 1159 regulates adult businesses. Last month, the off-sale liquor section was
changed to require a location distance of not less than 350 feet from adult businesses.
This change is being put into the adult business ordinance to make them uniform. With
this change, an adult establishment cannot be located less than 350 feet from an off-
sale liquor establishment.
Section14:
Section 1180.02 regulates Pawnshops. The change was made to bring uniformity
between this section and the off-sale liquor requirements. As in the previous section,
the off-sale liquor stores must be located not less than 350 feet from a pawnshop. With
this change, a pawnshop must be located not less than 350 feet from off-sale liquor.
Section 16, 17, and 18
Section 1200 of the City Code regulates the sale and consumption of alcohol. One bar
manager thought that his customers could have several drinks on the table at 1 :00 a.m.
and continue to drink until 2:30. This clarifies that that cannot happen. Other changes
correct reference errors.
Section 20:
Section 1100.03, Subd. 6. State la'N adoptod. Except 3S othel'\viso provided in this
subsoction the provisions of Minnesot3 St3tutes, Sections 621/12 to 62'1.52, hereby
3dopted by roforenco, 3pply to public d3ncos.
'The statutes were repealed and are no longer in existence.
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Section 21 :
325.01. Subdivision 1. Zoninq and planninq commission established. The zoning
and planning commission is created and continued. The commission shall consist of
seven persons who have been a resident of the city for one year or more on the date of
appointment and one Staff Liaison to be appointed by the City Manaqer. , the PI3nning
3nd Economic Devolopment Director, and City.council members, as ex officio
mombers. Each member except tho Planning and Economic Dovolopment Director 3nd
Council Report 2003-039
Page 4
City Council member shall have the right to vote on all matters before the commission.
325.01.
This section governs the creation and operation of the Planning Commission. A few
weeks ago, the ordinance dealing with the Park Board was changed to more accurately
reflect the practices that are in place now. The change to this section is similar. There
is no longer a Council Member liaison that attends the meetings on a regular basis.
Commission members report to the Council at Council Meetings.
Section 22:
Section 355 of the City Code outlines the procedures for requesting and conducting
administrative hearings. This change allows forty-five instead of thirty days for
scheduling an administrative hearing. It is difficult to adhere to the requirements of the
ordinance as it is currently written. Two weeks notice of the hearing must be given
unless the accused waives the notice time. The date must be set at least two and one
day after the person requests the hearing to comply with that notice time. That leaves a
window of less than two weeks to hold the hearing. The accused chooses some dates
. that will work for him/her. Staff has to be available at the same time, and a Hearing
Officer has to be,available at the same time. If any of staff are already booked with
appointments or if hearing officers are booked up for that window of time, the city is not
in compliance with its ordinance.
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Section 23
Section 1100.01. The subdivision deals with fire exits in a theater. These exits are now
addressed in the fire code.
Section 24
Section 400.03 is the section of City Code that adopts the building codes that we use.
This change adopts the fee schedule portion of the 1997 Uniform Building Code. In the
past we have adopted the entire 1997 edition of the UBC and are currently using the
fee schedule for that edition. This action sepa~ates the fee schedule from that edition
of the UBC code. The new building code that will go into effect very soon will not have
a fee schedule.
Section 25
Section 500.76 of the Hopkins City Code sets the contribution amount of the park
dedication fees. This change allows the City Council to set the amount of the fee by
resolution. This saves the City time in putting the new fee into effect and saves the cost
of legal notices.
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CITY OF HOPKINS
Hennepin County, Minnesota
ORDINANCE NO 2003-899
ORDINANCE AMENDING VARIOUS SECTIONS OF THE CITY CODE
THE COUNCIL OF THE CITY OF HOPKINS DOES HEREBY ORDAIN AS
FOLLOWS:
Section 1. The Hopkins City Code,
amended as follows:
Section 350.02 shall be
.
350.02 City employees responsible for performing the duties
required by the following positions may issue citations in lieu of arrest or
continued detention for violations of the Hopkins City Code:
a) Peace Officer and Part time peace officer
b) Reserve Officer
c) Community service Officer
d) Building Inspector
e) Weed Inspector
f) Zoning Administrator
g) Sanitation Officer
h) Fire Chief
i) Fire Inspector
j) Fire Marshal
k) Parking Enforcement Officer
1) Housing Inspector
m) Mechanical Inspector
nl Abandonment/ Jun]~ C.:l.r Inopector
n) Police Services Liaison
Section 2. The Hopkins City Code, Section 600.57, Subd. 2, shall be amended
to read as follows:
Subd. 2. Fee exemptions, license required. Food establishments in
governmental subdivisions, houses of worship, child-care homes with ten or
less children, ochoolo, and charitable and nonprofit hospitals must obtain a
license, but shall not be charged a fee therefore and are subj ect to all
other requirements of this section. Temporary- special event food
establishments, ~,hooe proceedo .:l.re dedic.:l.ted for ch.:l.rit.:l.ble purpooeo or which
are operated by licensed food establishments, must obtain a license, but
shall not be charged a fee therefore and are subject to all other
requirements of this section.
Section 3.
follows:
The Hopkins City Code, section 600.59, shall be amended as
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600.59. LICENSE EXPIRATION. Licenses issued pursuant to this ordinance
shall expire on December 31 June 30 each year. License applications shall be
filed with the Community Service Department by July 1 of ench ye.:tr 60 days
prior to the expiration date. The fees are not pro-rated.
Section 4. The Hopkins City Code, Section 610.07 Shall be amended as
follows:
610.07. License expiration and
to this section shall expire on the ~
year. License renewal applications shall
prior to J.:tnu.:try July 1 of each year.
renewal. Licenses issued pursuant
30th day of December June of each
be filed with the clerk ~days
Section 5. The Hopkins City Code, Section 1005.17 and 1005.29 shall be
amended as follows:
1005.17. Transfer of license. Unleoo other'.doe proyided in thio
eeae, No license shall be transferable to another person, business,
corporation, or location. ~:ithout the nuthorization of the council.
1005.29. Tr.:tnofer of licenoeo. .'illy licenoe duly iODued upon ,:hich .:1
licenoe fee of $10.00 or more h.:to been p.:tid m.:ty be tr.:1noferred or .:tooigned,
ohould the licenoee deDire to change hiD place of bUDineoo to a ne;: loc.:1tion.
The city m.:tn.:1ger m.:1Y .:1t hiD direction .:tnd under Duch rcgul.:ttiono .:tD he m.:1Y
preDcribe and on ourrender of the origin.:tl licenoe .:1ccomp.:1nied by .:1 tr.:1nofer
fee eotabliDhed from time to time by reoolution of the city council, iODue a
ne,: licenDe for the ne'.: location pro7ided that the proviDiono of thiD code
and other .:tpplic.:1ble ordin.:tnceD of the city authorizing the granting of ouch
licenDe .:1re complied ;:ith, including Dep.:tr.:tte in'v'eotig.:ttion feeD .:tnd expenoeD
'.:heneyer required.
.
Section 6. The Hopkins City Code, Section 1100.03, Subd. 3. shall be
deleted.
1100.03 Cubd. 3. No liquor. No peroon ohall .:1t any time bring to, or
Dell, diopenDe, gi'.re a',Jay, UDe or drin]~ any intOJdcating liquor in .:1ny public
d.:1nce h.:111, or place for holding public danceD in the city.
Section 7. The Hopkins City Code, Section 1100.03, Subd. 4. shall be amended
as follows:
1100.03 Subd. 4. Hours. No public dance may be conducted on Sunday, or
between the hours of 12:\01 A.M. and 6:00 A.M. on other days. PlaceD in '..hich
public d.:1nceo .:tre conducted in the city oh.:tll be cloDed during the houro
public danceD .:tre prohibited therein.
Section 8. The Hopkins City Code, Section 1115.05 shall be amended as
follows:
1115.05
business of
City License Required. No person shall engage in the
a) New motor vehicle dealer,
b) Used motor vehicle dealer,
c) Motor vehiclee broker,
d) Motor vehicle wholesaler, or
e) Motor vehicle auctioneer,
as those terms are defined by state law, without a current ~ license
therefore from the City of Hopkins. Every person holding such a license
shall file a copy of the current State certificate of license with the clerk,
who shall maintain a register of such state licenses. Failure of a licensee
to supply the clerk with a copy of the current state license is a violation
of this code.
Section 9. The Hopkins City Code, Section 1140.03, Subd. shall be amended
as follows:
1140.03 Subd. 4. Issuance: term. Upon approval of the application by
the council, the clerk shall issue a license to the applicant the license
expires on the December 31 June 30 next following.
Section 10. The Hopkins City Code, Section 1145.17 shall be amended as
follows:
1145.17. Registration Period. Registration shall be valid only for
the calendar year. All registrations shall expire on December 31 June 30
after their issue. The registration fee shall remain the same throughout the
year.
Section 11.
follows:
The Hopkins City Code, Section 1150.11 Shall be amended as
1150.11 License Period and License Fee. Licenses shall be issued for a
c~lendQr year one year. The license fee is established in Chapter X of the
Hopkins City Code. License fees shall not be prorated.
Section 12. The Hopkins City Code, Section 1155.03 is renumbered as Section
1155.04 and the following new Sections 1155.02 and 1155.03 are'added and
Section 1155.05 is amended to read as follows:
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1155.02. State laws adopted by reference. Minnesota Statutes,
'section 461, is adopted by reference and made a part of this code as if fully
set forth herein. A violation of the provisions of the statutes adopted by
reference herein is a violation of this code.
1115.03. Federal laws adopted by reference. Code of Federal
Regulations, Part 897 Cigarettes and Smokeless Tobacco, is adopted by
reference and made a part of this code as if fully set forth herein. A
violation of the provisions of the Regulations adopted by reference herein is
a violation of this code.
1155.05, Subd. 4. Term. All licenses issued under this ordinance shall
expire on December 31 June 30 of each calendar year.
Section 13. The Hopkins City Code, Section 1165.09, shall be amended as
follows:
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1165.09. Location. Adult Oriented Businesses may only be located in
districts authorized in the City's Zoning Ordinance. No Adult Oriented
Businesses shall located less than 300 (three hundred) feet from any
residential zoning district boundary or from the property line of a site used
for residential purposes, or less than 350 feet from any off -sale liquor
business, or less than 1,000 (one thousand ) feet from the property line of
any church site, any school site, any day care facility, or any park. In
addition, no Adult Oriented Business may be located within 1,000 (one
thousand) feet of another Adult Oriented Business. For purposes of this
ordinance, this distance shall be a horizontal measurement from the nearest
existing residential district boundary or the property line of any site used
for residential purposes, church site, school site, day care site, youth
.
.
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facility, park site, or another Adult oriented Business site to the nearest
property line of the proposed Adult Oriented Business site.
Section 14. The Hopkins City Code, Section 1180.02 shall be added to read as
follows:
1180.02 Location.
located less than 1000 feet
1165 of this City Code, nor
less than 350 feet from any
No license will be issued to a location that is
from any adult business as regulated by section
shall any license be issued to a location that is
off-sale liquor business.
Section 15. The Hopkins City Code, Section 1185.05, Subd. 2. shall be
amended as follows:
Subd. 2. The license will be effective for one year and run from
J~nu~ry 1 July 1 through December 31 June 30 of the license year.
Section 16. The Hopkins City Code, Section 1200.40, Subd. 2. shall be
amended as follows:
Subd. 2. New Licenses required under this section will require the
full investigation fee to be paid by the applicant. The license fee w~ll be
pro-rated according to Dubd. 13 Section 1200.25.
Section 17. The Hopkins City Code, Section 1200.46, Subd. 2. shall be
amended as follows:
Subd.2. Intoxicating liquori on-sale. No sale of intoxicating liquor for
consumption on the licensed premises may be made:
(1) between 1:00 a.m. and 8:00 a.m. on the days of Monday through
SaturdaYi
(2) after 1:00 a.m. on Sundays, except as provided by Dcction 1, Dubd.
~ Subd. 3.
Section 18. 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 4,
Dubd. 26 1200.46, Subd. 2. 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. This subsection does not apply to any restaurant as defined in
MN Statute 340A.101, or to any premises holding a Club License.
Subd. 2. No restaurant or Club that is exempt from. section 1200.48
shall serve alcohol, or permit the consumption of alcohol on the premises
after 1:00 a.m. Restaurants and Clubs that remain open after 1:00 shall
remain open only when food is offered for sale.
Section 19. The Hopkins City Code, Section 1005.05 shall be amended as
follows:
.
.
.
Subd. 2. Double fees. A double fee may be charged any business
which fails to secure a license in a timely manner. This provision shall
apply to any business which fails to renew a license by the end of J~nu~ry
June. It will also apply in the case of a business seeking a new or
temporary license where the business opens or the activity begins prior to
applying for a license. (Amended Ord. #96-782)
Section 20. The Hopkins City Code, Section 1100.03, Subd. 5. shall be
deleted.
Cubd. 5. Cto.te l~'.: ~dopted. Except 0.0 othenJioe
ouboection the provioiono of Hinneooto. Cto.tutco, Cectiono
hereby ~dopted by reference, ~pply to public d~nceo.
pro'Jided in thio
621.42 to 621.52,
Section 21.
follows:
The Hopkins City. Code, Section 321.01 shall be amended as
325.01. Subdivision 1. Zoning and planning commission established.
The zoning and planning commission is created and continued. The commission
shall consist of seven persons who have been a resident of the city for one
year or more on the date of appointment and one Staff Liaison to be appointed
by the City Manager. the rl~nning o.nd Economic Development Director, ~nd
Ci ty Council membero, 0.0 eJ( officio membero. Each member except the rl~nning
~nd Economic Deyelopment Director o.nd City Council member shall have the
right to vote on all matters before the commission. Citizen member terms of
office shall be for two years. Three citizen members of the commission shall
be appointed on July 1st of each odd numbered year and four shall be
appointed on July 1st of each even numbered year. Citizen members appointed
to complete a current term of office shall be considered to have served a
term of office if the appointment is to an office which is less than half
completed. If the appointment is to an office which is more than half
completed the appointment the appointment will not be considered a term of
office. Citizen members shall serve no more than two consecutive terms of
office. The Council member shall serve for a term of one year and may be
eligible for a consecutive one year reappointment. (Amended Ord. No. 87-581,
Sec. 1)
Section 22.
as follows:
The Hopkins City Code, Section 355.09, Subd. 3. shall be amended
Subd. 3. The hearing shall be scheduled to occur within ~ 45 days of
receiving a request for a hearing. Notice of the hearing must be served on
the person responsible for the violation at least 14 days in advance, unless
a shorter time is accepted by all parties. Service of the Notice will be by
first class mail and will be complete .upon mailing. At the hearing, the
parties will have the opportunity to present testimony and question any
witnesses, but strict rules of evidence will not apply. The hearing officer
must tape record the hearing and receive testimony and exhibits. The officer
must receive and give weight to evidence, including hearsay evidence, that
possesses probative value commonly accepted by reasonable and prudent people
in the conduct of their affairs.
Section 23.
deleted.
The Hopkins City Code, Section 1100.01, Subd. 3. shall be
Subd. 3. Conditiono. The~treo, oper~ houoeo, or other buildingo
oh~ll h~'..e ~t le~ot one eJdt to the ground in ~ddition to the m~in entr~nce
for uoe in c~oe of fire, ,:hich oh~ll be ~cceooible ~t ~ll timeo, ~nd if ~bove
,
J
the ground ohnll hn',re one fire proof otnin:ny or fire eOC.:lpe for ingreoo .:lnd
egreoo,
.
Section 24.
follows:
t) The fee schedule as set forth in the 1997 edition of the Uniform
Building Code.
Section 400.03, Subd. 2. shall be amended by adding item t) as
Section 25. Section 500.75 shall be amended as follows:
Cubd. 7.The l.:lnd dedicntion nnd/or the C.:loh contribution in lieu of
l.:lnd dedic.:ltion oh.:lll be b.:loed on the follmJing. C.:llcul.:lted .:lo follO'.w.
(l\) Reoidentinl,
Cingle Fnmily D~elling................... $500.00 per unit
T~o F.:lmily D~elling...................... $500.00 per unit
. Ap.:lrtmento .:lnd TO'.:nhouoeo. . . . . . . . . . . . . . .. S200. 00 per unit
(n) Commercinl, induotrinl and other oubdivioiono,
Eotimnted fnir mnrket vnlue of the property required to be dedic.:lted to
the City in Cubdivioion 2, determined by the City nooeooor no of the d.:lte of
the npprov.:l1 of the finnl pInt, replnt, oubdivioion or ,:.:liver of the pl.:lting.
The eotimnted fnir mnrket vnlue oh.:lll include ",fnlue ndded to the property by
utilitieo, otreeto, .:lnd other public improvemento oerving the l.:lnd but oh.:lll
eJcclude vnlue ndded by other impro',remento to the l.:lnd. (.".-mended b1; Ord 2000
~ Park Dedication contributions will be set in Chapter 10 of the Hopkins
City Code by resolution of the City Council.
.
Section 26. The effective date of this ordinance shall be the date of
publication.
First Reading
Second Reading
Date of Publication
Effective Date
March 18, 2003
April 8, 2003
April 17, 2003
April 17, 2003
Gene Maxwell, Mayor
ATTEST:
Terry Obermaier, City Clerk.
APPROVED AS TO FORM AND LEGALITY:
City Attorney Signature
Date
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