Memo - 2nd Reading for Ordinance 05-959
Police Department
Memo
To:
From:
Honorable Mayor and City Council Members
Craig A. Reid, Chief of Police
10/25/2005
Date:
Re:
Second Reading of Ordinance #2005-959
Attached is Ordinance #2005-959 for the second reading. This ordinance revises
Section 1200 of the Hopkins City Code - Sale, Consumption and Display of Alcoholic
Beverages.
Staff recommends that the Council approve the following motion: Move to approve
Ordinance #2005-959 for second readino. approve the summary of Ordinance
#2005-959 and order the summary published.
This ordinance has not changed since the first reading.
Attachments:
. Summary of Ordinance #2005-959
. Ordinance #2005-959
. Page 1
CITY OF HOPKINS
COUNTY OF HENNEPIN
SUMMARY OF
ORDINANCE 2005-959
AN ORDINANCE AMENDING SECTION 1200
OF THE HOPKINS CITY CODE
The following is a summary of the major revisions of the ordinance:
Section 1200 Sale, Consumption and Display of Alcoholic Beverages Cleanup
· Adds the penalty involved for failure to attend training.
· Deletes 1200.52 as the right to a hearing is addressed in 1200.54 Subd 3.
. Changes the Best Practices Penalty Grid to reflect a 3'd, 4th, and 5th violation.
· Changes the Administrative Hearing with the Police Chief from the first and second
to all violations and removes the word "immediately" when referring to the time frame
for holding hearings.
· Simplifies the Computation of Time to be in 3-year intervals.
A printed copy of the entire ordinance is available from the City Clerk and at the Hopkins Public
Library.
First reading:
Second reading:
Date of Publication:
Date Ordinance Takes Effect:
October 18,2005
November 1,2005
November 10, 2005
November 10,2005
CITY OF HOPKINS
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 2005-959
AN ORDINANCE AMENDING SECTION 1200
OF THE HOPKINS CITY CODE
The City Council of the City of Hopkins does hereby ordain:
Section 1. The Hopkins City Code, Section 1200, is hereby amended to read as follows:
1200.42 Subd. 5. Training. Each licensee must have at least one representative attend all
mandatory liquor license training seminars conducted by the city. The representative need not be
the same person each time but must hold a position of responsibility in either the ownership or
management of the licensee. Anv licensee who fails to meet this requirement may be charged an
administrative penalty.
1200.52. Hearing Netiee. No suspensian ar revoeation will tal[e effeet lUltil the lieemee has
been aiferded an eflflortuBi-ty f-er a hearing pllfSuant to ,\dministrative Preeeaure J'.et MN Statute
Seetion H.57te 11.70.
1200.54 Subd 2. BEST PRACTICES PENALTY GRID:
1 "Violation 2nd Violation 3rd Violation 41h- Violation 5th Violation
$500 $1,000 plus Retllfll te regular $2.000 plus Revocation
5 days suspension, penalty grid and 10 days
stayed off Best Pnwtiees suspensIOn
fer 1 year. $1.500
plus
5 days
suspensIOn
1200.54 Subd.3. FifSt Violations would be handled by an administrative hearing with the
Police Chief or hislher designee with the presumptive penalty given to license holders. Fer Be~t
Pmetiees e~tablishments amt and seeend vielations weuld be handled by an administrative hear.ng
wi-th the Peliee Chief er his/her designee. Hearings shall talce plaee immediately follo'?ling the
vielatiell. License holders have the right to request a hearing before the City Council if not in
agreement with the presumptive penalty. The Police Chief also has the right to request a hearing
before the Council if he/she believes there exists substantial reason making it appropriate to deviate
from the presumptive penalty. If the Police Chief and the licensee agree on the presumptive
penalty, these will be reported to the City Council in a staff report.
1200.54 Subd. 5. Computation of Time. Fer the purpose ef determining the ll!IfBber ef
Oel)JiHeneeS efvielatiens, the CeUlleil shall eon~ider a violation as a second oeclHfence ifit
occurred vlithin 24 ealenda-r months ofthe first '.ialation; and shall censider a violation as a third
oCClilleaee ifit occlHfed vlithin 38 calendar months efthe second vi elation. Multipie violations are
computed by checking the time period of the three years immediately prior to the date of the most
current violation.
Section 2. The effective date of this ordinance shall be the date of publication.
First Reading:
October 18, 2005
Second Reading:
November 1,2005
Date of Publication:
November 10, 2005
Date Ordinance Takes Effect:
November 10,2005
Gene Maxwell, Mayor
ATTEST:
Terry Oberrnaier, City Clerk
APPROVED AS TO FORM AND LEGALITY:
City Attorney Signature
Date