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CR 97-163 Sale Of Liquor And BeerSeptemb r 15, 1997 Supporting Information Ordinance number 97 -804 es A. Genellie sistant City Manager SALE OF LIQUOR AND BEER Council Report 97 -163 Proposed Action Staff recommends that the Council approve the following motion: Move that the Hopkins City Council approve Ordinance 97 -804 for first reading. Adoption of this motion will begin the process of amending Sections 1200 and 1210 of the Hopkins City Code to remove the prohibition of sale or consumption of liquor and beer in theaters. Overview The are currently discussions concerning the possible sale of beer and liquor at the Hopkins Center for the Arts. In addition the current plans for the grand opening of this facility call for champagne and a cash bar. Section 1200.29 and section 1210.11, Subd. 5 prohibit the sale and consumption of liquor and beer at any theater, picture show, public dance hall, or other place of public gathering for the purpose of entertainment or amusement. These prohibitions have been the City Code for years and are no longer relevant. Any concerns regarding sales or consumption can be handled through the City's licensing authority and state law. Primary Issues to Consider What would be the effect of deleting these sections of the City Code? Deleting these sections will give the City the option of allowing liquor and beer sales and consumption at the Hopkins Center for the Arts. State law covers the other prohibitions contained in these sections, such as prohibiting consumption on public highways or in automobiles. AN ORDINANCE AMENDING SECTIONS 1200 AND 1210 OF THE HOPKINS CITY CODE RELATING TO SALE AND CONSUMPTION OF BEER AND LIQUOR WHEREAS, current City ordinance prohibits the sale or consumption of beer and liquor at any theater, picture show, public dance hall, or other place of public gathering for the purpose of entertainment or amusement; and WHEREAS, liquor and beer sales at the Hopkins Center for the Arts are currently being considered and the current ordinance would prevent this; and WHEREAS, the City ordinance is more restrictive than Minnesota State law; and WHEREAS, the location of sales and consumption can be controlled through the use of the City's licensing authority; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF HOPKINS, MINNESOTA DOES HEREBY ORDAIN: Section 1. The Hopkins City Code, Section 1200.20 is hereby deleted in its entirety: 1200.29. Rc3trictions on consumption. Shall be Sold or 3crvcd or con3umcd picturc chow, public dance hall, or gathcring for the purpose of cntcrtainmcnt any public highway or in an automobile. It per3on or per3on3 to mix or prcp siquar zor consumption ��� buoinc33 where no on 3alc liccn3c i3 held, or to conoumc liquor in Such a place. HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 97 -804 No intoxicating liquor at or in any theater, othcr place of public or amu3cmcnt, upon i3 unlawful for any Section 2. The Hopkins City Code, Section 1210.11, Subd. 5 is hereby deleted in its entirety: 1210.11, Subd. 5. Location. No bccr ohall be oold, ocrvcd or conoumcd at or in any thcatcr, picturc ohow or dancc hall. Nothing hcrcin ohall bc conotrucd to prohibit ouch oalc in a permittcd in the dining room thcrcof and ao an incidcnt thcrcto; nor ohall ouch malt liquor bc oold or ocrvcd for conoumption, or conoumcd, at, in, or upon any public highway or in any motor vchicic upon any public highway. Section 3. The effective date of this ordinance shall be twenty days after publication. Attest: First Reading Second Reading Date of Publication Effective Date of Ordinance Terry Obermaier, City Clerk Approved As To Form and Legality: City Attorney Signature Charles D. Redepenning, Mayor Date September 16, 1997 October 7, 1997 October 15, 1997 November 5, 1997