CR 97-165 Sale Of Liquor & BeerSeptember 29, 1997
Proposed Action
Staff recommends that the Council approve the following motion: Move that the Hopkins City
Council approve Ordinance 97 -804 for second reading and order published.
Adoption of this motion will continue 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 City Council approved this ordinance for first reading at their September 16 meeting. The
Council had some questions regarding the effect of this ordinance. Attached is a memorandum
from the City Attorney that addresses these questions. It is the City Attorney's opinion that
existing state statutes give the City Council sufficient control over where liquor is sold in Hopkins
and therefore Sections 1200.20 and 1210.11, Subd. 5 are no longer needed.
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.
Supporting Information
Memorandum from the City Attorney dated September 22, 1997
Ordinance number 97 -804
,'r L
es-X. Genellie
ant City Manager
,ase
SALE OF LIQUOR AND BEER
Council Report 97 -165
City of g[opkins
1010 First Street South • .7Copkins, K x55343 -7573 • Phone: 612 -935 -8474 • Fax 612 -935 -1834
Date: September 22, 1997
To: James Genellie
From: Jerre Miller
Re: On Sale Liquor Ordinance
MEMO
At the Council meeting, Gene Maxwell expressed concern that a sm 11 theater of some sort could
secure a means for serving intoxicating beverages which presently restricted in the Ordinances
1200 and 1210.
Unless permitted in some specific fashion by statute, intoxicating liquor or beer cannot be sold,
served or consumed anywhere unless a permanent or temporary license is granted by the City. M.
S. 340A.404, Subd. 1 allows issuance of licenses to hotels, restaurants, bowling centers, clubs and
liquor stores dealing exclusively with the product.
M. S. 340A.401 disallows any person to sell, barter or dispose of alcoholic beverages as part of a
commercial transaction without such a license.
The ordinance amendment does not change anything because complete control is provided in the
State's statutes. The purpose of the amendment is to provide the opportunity given municipalities
under M. S. 340A.404, Subd. 4 to allow a retail license holder to contract with a cultural facility at
conventions, banquets, conferences, meetings or social affairs conducted on the facility of the
cultural facility which, in this instance, would be the Arts Center. The only restriction is that the
facility be owned by the municipality or a instrumentality of the municipality having independent
policy- making and appropriating authority located within the City.
There is no need for concern that I can see where the statute would allow a use inconsistent with the
concerns of the City.
I trust this responds to the concerns expr: - at t e meeting.
c:\file\hopkins\lgenellie
An Equal Opportunity 'Employer
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. Restrictions on consumption. No intoxicating liquor
onoumcd at or in any theater,
picture show, public dancc hall, or other place of public
gathcring for the purpose of entertainment or amusement, upon
any public highway or in an automobile. It is unlawful for any
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 97 -804
any public place or place of business whcrc no on oalc license
i3 held, or to consume liquor in ouch a place.
Section 2. The Hopkins City Code, Section 1210.11, Subd. 5 is
hereby deleted in its entirety:
1210.11, Subd. 5. Location. No bccr Shall bc Sold, ocrvcd or
conoumcd at or in any thcatcr, picturc ohow or dance hall.
Nothing hcrcin shall bc conotrucd to prohibit Such talc in a
duly liccnocd restaurant or cfc, hotcl or club whcrc dancing i3
permittcd in the dining room thcrcof and a3 an incidcnt thcrcto;
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
September 16, 1997
October 7, 1997
October 15, 1997
November 5, 1997
Charles D. Redepenning, Mayor
Date