CR 98-47 Temp Liquor License For Hopkins Area JayceesMarch 13, 1998
APPLICATION FOR A TEMPORARY LIQUOR LICENSE
FOR THE HOPKINS AREA JAYCEES
Staff recommends approval of the following motion: Move to approve a temporary
liquor license for the Hopkins Area Jaycees at the Hopkins Center for the Arts for
one day on April 16, 1998, between the hours of 6:00 p.m. and 12:00 a.m. with
the condition that the Jaycees provide a certificate of insurance showing
$ 1,000,000 aggregate coverage and naming the City as co- insured. Additionally,
move to direct staff to develop a policy for the issuance of temporary liquor
licenses.
Passage of this motion will allow the Hopkins Area Jaycees to sell alcoholic
beverages at the function they are co- sponsoring with the Rotary Club.
Overview
The Hopkins Area Jaycees and the Hopkins Rotary are co- sponsoring a Spring
Social at the Hopkins Center for the Arts on April 16, 1998. The event is the first
annual Spring Social. It will not be open to the public.
The City is allowed by Statute to issue a license for this type of activity in this
location, but, this license would be the first of its type in Hopkins.
The Police have found no reason to deny. Staff is recommending approval under
several conditions.
Primary Issues to Consider
• What do State Statutes allow
• What do City Ordinances allow
• The procedure for issuing a temporary liquor license
• City Policy regarding temporary liquor licenses
Supporting Documents
• Copy of the City's policy on 3.2 Beer
• Application available in the City Clerk's office
erry & - rmaier, City Clerk
Council Report 98 -047
Council Report 98 -047
Page 2
Primary Issues to Consider
• What Do State Statutes Allow?
Section 340A.404 Subdivision 10 allows the governing body of a
municipality to issue a temporary liquor license to a club or charitable,
religious, or other nonprofit organization in existence for at least three
years for the sale of alcoholic beverages at a social event within the
Municipality and sponsored by the organization. The License may be
issued for a total of four days and may authorize on -sale at a premises
not owned by the organization.
The Jaycees are co- sponsoring the event and the event will be held
within the municipality. The event will be for one day only and will be
held at the Hopkins Center for the Arts. It would appear that the Jaycees
and the event comply with the requirements of the State Statute.
At this time State Statue allows for the issuance of a maximum of 4
three -day, 3 four -day, or 6 two -day licenses to one organization or at one
location. Legislation is being presented to add 12 one -day licenses to the
maximum.
• What Do Hopkins Ordinances Allow
Except as modified by Section 1200 of the Hopkins City Code, the
provisions of Minnesota Statues, Chapter 340A, relating to the definition
of terms, licensing, consumption, sales, conditions of bonds of licensees,
hours of sale, and all other matters pertaining to the retail sale,
distribution, and consumption of intoxicating liquor are adopted by
reference.
The Hopkins City Code does not specifically include the temporary liquor
license, but it is adopted by reference. Even though it is allowed by
Statute, staff is not aware of this type of license having been issued in
Hopkins.
• What is the Procedure for Issuing a Temporary Liquor License
The governing body of the City is given the authority to issue or approve
a temporary liquor license. When that approval is granted, an application
Council Report 98 -047
Page 3
Alternatives
is forwarded to Minnesota Gambling and Liquor Control. That agency has
final approval of the issuance of the license and actually issues the
license. A fee of $50.00 will be paid to the City of Hopkins.
• City Policy Regarding Temporary Liquor Licenses
Because this is the first time an organization has applied for a temporary
liquor license, the City has not formed a policy regarding its issuance.
Staff recommends that Policy 4 -C, Temporary 3.2 Beer Licenses be used
as a temporary guideline where specific limitations are not addressed by
State Statute and that Staff be directed to develop a policy regarding
temporary liquor licenses.
The Jaycees have requested the hours of 6:00 p.m. to 12:30 p.m. Staff
is recommending that the hours required by the 3.2 beer policy be
adhered to when issuing a temporary liquor license. This would limit
sales to midnight.
The legal department of the League of Minnesota Cities has
recommended that the City obtain a Certificate of Insurance showing
$1,000,000 of aggregate coverage and that the City be named as co-
insured. The Jaycees have coverage in excess of that amount and the
City will be named as co- insured.
The City Council has required that a Hopkins Police Officer be present for
security during the hours of sale when an organization is selling 3.2 beer
and when the function is open to the public. This event will not be open
to the public. Staff is not recommending this security measure for this
event.
1. Approve the application with the conditions stated
2. Approve the application with no conditions
3. Do not approve the application
4. Continue the item for more information
Staff is recommending alternative one.
Policy 4 -C
• Temporary 3.2 Beer Licenses
•
1. PURPOSE
1.01 The Hopkins City Council recognizes that the issuance of temporary 3.2 beer licenses may
result in events which disturb surrounding businesses and residents and also may provide
an opportunity for underage drinking. The City Council believes that by creating a set of
rules and regulations in regard to the issuance of these licenses, problems can be avoided
and the responsible consumption of 3.2 beer can be encouraged.
2. REGULATIONS
2.01 A temporary 3.2 beer license will be issued on a per event basis, each event not lasting
more than three days.
2.02 Beer sales may only be conducted between the hours of 12:00 p.m. and 12:00 a.m.
2.03 A separate license is required for each location where beer is sold.
2.04 Application for a temporary 3.2 beer license must be received at least five weeks prior to
the event.
2.05 Applicants for a temporary 3.2 beer license must be an organization whose principal
location or office is within the City of Hopkins, has been located in Hopkins for at least
two years, and has at least 30 active members.
2.06 Sales and /or consumption of beer will only take place in enclosed building or a fenced
area.
2.07 Individuals under the age of 21 will not be allowed in any designated area where beer is
sold or consumed, except if accompanied by a parent or guardian.
2.08 All organizations which have a temporary 3.2 beer license must use the following method
for checking identification to ensure that underage individuals do not purchase beer:
Anyone wishing to purchase beer must have a either a driver's license, or a Minnesota ID
with their picture. Individuals with the proper ID will have their hand stamped so that the
actual sellers of the beer will not have to check IDs. If the event exceeds one day, a
different color of ink must be used on subsequent days.
2.09 No temporary 3.2 beer license shall be issued in conjunction with a youth activity.'
' A "youth activity" is an activity that is designed primarily for individuals under the age of 18 or the
majority of the participants are under the age of 18.
Legislative Policy Manual -- Chapter 4 -C Page 1
2.10 The number of temporary 3.2 beer licenses issued in conjunction with all public events
during any calendar year will be limited to twelve (12).
2.11 The City Council reserves the right to deny any 3.2 beer license at its sole discretion.
A "Public event" means an event where the public is invited or permitted to attend.
Legislative Policy Manual -- Chapter 4 -C Page 2