Memo- Liquor Establishment Educational Campaign & Enforcement-Liquor Compliance ChecksMemo
Crime Prevention Office
To: City Counalmembers
cc: City Manager, Chief Johnson
From Connie Kurtz, Chemical Health Commission Police Liaison
Date: October 10, 1998
Re: Liquor Establishment Educational Campaign and Enforcement - Liquor
Compliance Checks
The Hopkins Chemical Health Commission will be meeting with you at the Council
worksession on Tuesday, October 13 to discuss the Chemical Health Commission's
proposed educational campaign for liquor establishments. A need for the campaign is a
result of liquor compliance check failures that occurred earlier this summer, as well as
concems expressed by the Council.
Educational Campaign
I. The Hopkins Chemical Health Commission and the Hopkins Police Department will
prepare an informational booklet (similar to Plymouth's) and promotional materials
outlining city, state and federal laws and employee training recommendations
regarding responsible alcohol sales.
The Chemical Health Commission will update this booklet periodically to keep liquor
businesses apprised of changes in law or policy.
The Chemical Health Commission would like Council to consider a provision in the
liquor ordinance requiring licenseholders or managers to appear in person to the City
Clerk to receive the liquor license and updated materials (when necessary) when
renewing annually. In addition, any changes in ownership or new liquor business
owners would also be required to appear in person to get their liquor license and the
informational booklet.
The Chemical Health' Commission and Hopkins Police Department will offer a
voluntary educational session to liquor licensehotders, managers and servers.
The Chemical Health Commission and Hopkins Police Department will work with the
Hennepin County Community Health Department on a public awareness campaign
directed at parents, adults, youth and business regarding reducing youth access to
alcohol.
The Chemical Health Commission looks forward to discussing this proposal with you.
Proposed Voluntary Educational Session
GOAL: To establish a community partnership to reduce youth access to alcohol After
attending the educational session, owners, managers and servers will be able to:
Know and identify acceptable forms of identification
♦ Option: establishment accept only Minnesota forms of identification
Know why compliance checks are conducted
Compliance Checks
Does the Council wish to establish a regular program of liquor compliance checks to be
conducted by the Hopkins Police Department?
2. Know what other efforts are occurring in Hopkins to reduce youth access to alcohol
• Develop public awareness campaign for adults, businesses and youth
• Work with schools
• Law enforcement — County Attorney is establishing an alcohol diversion program
♦ Community efforts — success of Jaycees ID bracelet program at tent dances
• Police - reason for compliance checks; know they should call anytime regarding
use of false identification
♦ Depot Coffee House — alcohol -free environment for youth
♦ Chemical Health Commission efforts
Page 2
Discuss the issues related to underage alcohol use
♦ Health and Safety issues
• Compliance check results
Know the laws, penalties and penalties for youth violators
October 9, 1998
Staff is proposing that the current liquor ordinance be revised to remove outdated
provisions and to bring it into compliance with state law.
The City Attorney and the Police Department have reviewed the proposed
ordinance. It will be sent to the Chemical Health Commission for their review. It is
scheduled to be brought before the City Council for first reading on October 20.
The Council will have an opportunity to consider any comments from the Chemical
Health Commission prior to the second reading in November.
Overview
The current ordinance on liquor is at least 20 years old. While is has been
amended several times during the last twenty years it should be brought up to
date.
The State Legislature has made several changes to the State Liquor Statutes.
Changing the status of 3.2 beer was one of the most significant changes. In the
past 3.2 beer was defined on the license and in the statutes as non - intoxicating.
The purpose of the new statutes was to remove that label and to identify 3.2 beer
as an intoxicating alcoholic beverage.
Primary Issues to Consider
MEMORANDUM
PROPOSED LIQUOR ORDINANCE
• What are the major changes to the ordinance
• How will these changes effect the licensees
• Changes that could be made, but not included at this time
• Time Line
Supporting Documents
• Copy of the proposed liquor ordinance
• Copy of the current liquor ordinance
Genellie,
ssistant City Manager
Council Memorandum
Page 2
Primary Issues to Consider
• What are the Major Changes?
3.2 malt liquor (Section 4, Subd. 1): The present ordinance has two main
sections, Intoxicating Liquor and Beer, Non - intoxicating Malt Beverages, with a
different set of rules for each division. The proposed ordinance combines the two
into one, making 3.2 malt liquor on -sale, off -sale, and temporary licenses a part of
Alcoholic Beverages. By doing this, we are giving a different definition to 3.2
percent beer. Municipalities have been directed by statute to remove the non -
intoxicating designation from 3.2 beer licenses.
Temporary Liquor Licenses (Section 4, Subd. 4): In the present ordinance,
Temporary Liquor Licenses are not listed as a type of license. Even though we
have adopted the provisions of the State Statutes by reference, we are required to
list all the licenses that we allow in the City of Hopkins. While the approval and
license for a Temporary Liquor License is actualized by the Commissioner of
Gambling and Alcohol, the City has to approve the issuance of the license and
state statute requires us to list it in the ordinance. This is a housekeeping addition.
Consumption and Display Licenses: The consumption and display licenses
are set -ups, bring your own bottle, the establishment provides the mix. There is a
section for this type of license in the current ordinance. There are no consumption
and display establishments in the City of Hopkins. This type of license was
omitted.
Proof of Financial Responsibility (Section 4, Subd. 15): In the present
ordinance, application for an on -sale wine license is made in the same manner as
other licenses to sell intoxicating liquor are made (1200.15, subd.4). Even though
state statute exempts on -sale wine licensees from carrying dram insurance unless
their sales are over $10,000, the City of Hopkins has required it.
At this time, neither state statute nor city ordinances require liquor liability
insurance for 3.2 beer, on or off -sale. In 1998, the City issued six off -sale beer
licenses. Of the six, three submitted certificates of insurance showing liquor
liability insurance. In the proposed ordinance, liquor liability insurance will be
required for on -sale and off -sale 3.2 beer licenses. Of nine businesses that failed
the liquor compliance checks in April 1998, two were off -sale 3.2 beer and two
were wine. Of the three businesses that failed the second round of checks, two
were off -sale 3.2 beer. The business that failed both checks is off -sale 3.2 beer.
Council Memorandum
Page 3
Payment of Taxes and other Fees (Page 4): The City Attorney is still
reviewing this provision. The language is included in the proposed ordinance for
City Council review.
License Renewal (Section 4, Subd. 16a): The present ordinance has no
sections dealing with renewals. The proposed ordinance will give some structure
to license renewals.
License Renewal Investigation ISection 4, Subd. 16b): In the present
ordinance, there is not a mandatory license renewal investigation. We do them,
but they are not included in a fee schedule. If a new person goes on the license,
we have to investigate that person. This will allow us to set up a fee for the
investigation of new individuals named on the license application. The proposed
ordinance also allows us to investigate new managers.
Transfer of License (Section 4, Subd. 18): Under State Statutes, the City is
obligated to treat any sale or transfer of stock as a new liquor license in the area of
investigations, information on the application, allowing people to speak for or
against such, etc. The licensee will be required to fill out an application showing
the new information, and an investigation will occur of the new owner. The
Council will then have to approve a new license.
Character (Section 4, Subd. 22): A license can no longer be denied based
only on resident alien status.
Hours of Operation (Section 4, Subd. 24): Hours of operation remain the
same. The section just breaks our all the aspects and lists the regulations more
clearly.
• How Will These Changes Effect the Licensees?
Three licensees would be required to purchase dram shop insurance. The
cost of insuring $10,000 of sales in one year would be approximately $620.00 per
year. A lower amount of sales in one year would lower the cost.
Licensees would be required to submit information for new managers and for
new shareholders for investigation. They are required by statute to do so now, but
we cannot charge for that service. With the proposed ordinance, we can set fees
for those services.
Council Memorandum
Page 4
• Changes That Could be Made at This Time.
On -sale licenses can be issued only to hotels, clubs, restaurant, bowling
Centers and exclusive liquor stores. The municipality is allowed to further limit this
list, but cannot add to it.
Our present ordinance states that ten on -sale licenses may be issued in the
City of Hopkins. The state statutes allow us to have 12 on -sale licenses. The
proposed ordinance states ten licenses. At the present time the city issues nine
on -sale liquor licenses.
A section for Consumption and Display could be added.
• Time Line
The ordinance will be sent to the Chemical Health Commission for comments. It
will be brought before the City Council for first reading on October 20 The
Chemical Health Commission will have an opportunity to meet and comment on the
proposed ordinance prior to the 2 nd reading, which is scheduled for November 4. If
the Commission raises some significant issues the 2 nd Reading can be continued
until November 17.
CITY OF HOPKINS
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 98-
AN ORDINANCE DELETING SECTION 1200 OF THE
HOPKINS CITY CODE AND REPLACING IT WITH
A NEW SECTION 1200 - ALCOHOLIC BEVERAGES
In order to maintain consistency with the State Statutes governing the sale and
consumption of alcohol and to further insure the safety and well being of its
residents, the City Council of the City of Hopkins does hereby ordain as follows:
Section 1: Section 1200 of the Hopkins City Code is deleted in its entirety.
Section 2: Provisions of the State Law adopted. The provisions of Minnesota
State Statute, Chapter 340A, relating to the definitions of terms, licensing,
consumption, sales, financial responsibility of licensees, hours of sale and all other
matters pertaining to the retail sale, distribution, and consumption of intoxicating
liquor are adopted and made a part of this ordinance as if set out in full.
Section 3: That in addition to adopting State Statute, Chapter 340A, the following
terms and conditions are incorporated:
Section 4: Licenses Required.
Subd. 1. General requirement. No person, except a wholesaler or
manufacturer to the extent authorized under state license, shall directly or
indirectly deal in, sell, or keep for sale in the City of Hopkins, any
intoxicating liquor without a license to do so as provided in this ordinance.
Liquor licenses shall be of eight kinds: "on- sale ", temporary "on- sale ", "off -
sale ", "club ", "on -sale wine ", "3.2 % malt liquor on- sale ", "3.2 % malt
liquor off - sale ", and temporary 3.2% malt liquor on -sale.
Subd. 2. On -sale licenses. "On- sale" licenses shall be issued only to hotels,
clubs, restaurants, Bowling Centers and exclusive liquor stores and shall
permit on -sale of liquor only. Ten on -sale licenses may be granted in a year.'
' Malt liquor (3.2% Beer) licenses have been added as a type of liquor license. In the past, 3.2 beer
has been treated separately and did not need to meet the same conditions of dram insurance as
liquor.
2 This is where the City lists the types of businesses where they will allow a liquor license. In this
case, all have been included. If the Council would like to limit the consumption to places that serve
food only, the exclusive liquor store could be removed from this list. The statutes allow the issuing
authority to define restaurant more stringently and could go to a percentage of food requirement.
3 State Statute allows Cities of the Third Class to issue 12 on -sale liquor licenses. This does not
include club or wine licenses. At the present time our ordinance allows us to issue ten on -sale
licenses. We have issued nine on -sale liquor licenses. The number allowed can be changed by
ordinance up to the number of twelve licenses. Council may want to provide for the maximum
number at this time.
1
Subd. 3. On -Sale wine licenses. "On -sale wine licenses shall be issued only
to restaurants meeting the qualifications of Minnesota Statutes Section
340A.404. Subdivision 5, and shall permit only the sale of wine not
exceeding 14 percent alcohol by volume, for consumption on the licensed
premises only, in conjunction with the sale of food.
a. The holder of an on -sale wine license who is also licensed to sell
3.2 percent malt liquors at on -sale and whose gross receipts are at
least 60 percent attributable to the sale of food, may sell intoxicating
malt liquors at on -sale without an additional license.
Subd. 4. Temporary on -sale licenses. Subject to the approval of the
commissioner of public safety, temporary on -sale licenses shall be issued
only to clubs or charitable, religious, or other non - profit organizations in
existence for at least three years. A temporary license authorizes the on -sale
of intoxicating liquor in connection with a social event within the city
sponsored by the licensee and subject to restrictions imposed by the state
liquor act.
Subd. 5. Off -sale licenses. Off -sale licenses shall be issued to exclusive
liquor stores and shall permit off sales of liquor only. No off -sale license
shall be issued to an establishment holding an on -sale liquor license except
those on -sale and off -sale licenses which in 1961 were issued in
combination to one holder and are presently existing in such combination.
At any time hereafter that any such existing combined on -sale and off -sale
licenses are for any reason suspended or canceled, no further re- issuance or
renewal of such suspended or revoked licenses shall thereafter be allowed or
issued in combination.'
Subd 6. Special club licenses. Special club licenses shall be issued only to
incorporated clubs or congressionally chartered veterans' organizations
which have been in existence at least three years.
4 Temporary on -sale licenses have been added as a type of license. Even though we adopt state
statute by reference, we are only allowed to issue the types of licenses that we name in the
ordinances. If we do not include this one, we will not be able to issue this type of license without
changing the ordinance.
5 This portion is the same as the old ordinance in not permitting the combination license. Cities are
allowed by statute to issue combination licenses or both on -sale and off -sale licenses to the same
person and location if the population of the city is 10,000 or less. The statute goes on to say that a
city can continue to issue licenses under this section when the population exceeds 10,000. At
some point in time, the city said it would not reissue such license if it was revoked or suspended.
In the case of a liquor violation suspension, according to the present ordinance, the off -sale would
not be reissued. This can be changed to allow the off -sale to be reinstated.
2
Subd 7. Special license for Sunday sales. A special license authorizing sales
on Sunday in conjunction with the serving of food may be issued to any
hotel, restaurant, Bowling Center or club which has facilities for serving at
least 30 guests at one time, and which has an on -sale license.
Subd. 8. 3.2 percent malt liquor, on -sale. An on -sale 3.2 percent malt
liquor license may only be issued to drugstores, restaurants, hotels, clubs,
bowling centers where food is prepared and served for consumption on the
premises and in bona fide clubs, and shall permit the sale of beer for
consumption on the premises only.
Subd. 9. 3.2 percent malt liquor, off sale. A 3.2 percent off -sale malt liquor
license may be issued to permit the sale of beer in the original packages for
removal from and consumption off the premises only.
Subd. 10. Exemptions.
a. Any person licensed to sell intoxicating liquor at on -sale shall not
be required to obtain a 3.2 percent malt liquor on -sale and may sell
3.2 percent beer at on -sale without further license.
b. Any person licensed to sell intoxicating liquor at off -sale shall not
be required to obtain a 3.2 percent malt liquor off -sale license and
may sell 3.2 beer without further license.
Subd. 11. Temporary 3.2 percent malt liquor. A club or charitable,
religious, or nonprofit organization may be issued a temporary on -sale license
for the sale and consumption of 3.2 percent malt liquor. The issuance of
such license shall be made in accordance with city policy.
Consumption and Display License (not included)6
Subd. 12. Application for License. A person desiring any license for either
on -sale or off -sale of liquor, wine, or 3.2 percent malt liquor must file an
application in writing with the clerk in the form prescribed by the
commissioner and with such additional information as the council may
require.
Subd 13. Payment. Each application for a license shall be accompanied
by payment in full of the license fee and the investigation fee. Each license
shall be issued for a period of one year except that if the application is made
during the license year, then the license fee shall be one - fourth of the fee for
each three months or part thereof for the remainder of the license year.
6 This license allows the licensee to serve set -ups and customers to bring in their own alcohol. At
the present time, the city does not issue any consumption and display licenses. Even though we
adopt state statute by reference, we are only allowed to issue the types of licenses that we name in
the ordinances. If we do not include this one, we will not be able to issue this type of license
without changing the ordinance.
Subd. 14. Refunds. No refund of any fee shall be made except as
authorized by statute.
Subd. 15. Proof of Financial Responsibility. No liquor license may be issued,
maintained, or renewed unless the applicant demonstrates proof of financial
responsibility as defined in Minnesota Statutes Section 340A.409 with
regard to liability under the statutes, Section 340A.801. Such proof shall be
filed with the commissioner of public safety. Applicants for liquor licenses to
whom the requirement for proof of financial responsibility applies include
applicants for wine and 3.2 percent malt liquor licenses with sales of less
than $10,000 per year. Any liability insurance policy filed as proof of
financial responsibility under this subdivision shall conform to Minnesota
Statutes Section 340A.409. Temporary liquor license applicants shall
provide aggregate limits of one million dollars.'
Under
review
by City
Attorney
Payment of Taxes and other Fees. No License shall be granted for operation
on any premises upon which taxes or assessments or other financial claims
of the city are delinquent and unpaid. Any existing license may be
suspended or revoked until such time that delinquent or unpaid tax or
assessment, or other financial claim is paid in full. At such time that all
delinquent or unpaid taxes or assessments or other financial claims are paid
in full, a revoked or suspended license shall be re- issued for the remainder of
the license period without additional application or payment by the licensee.$
The state statutes define what will be accepted as proof of financial responsibility and include as
minimum requirements:
1. a certificate of insurance showing $50,000 bodily injury per person, $100,000per occurrence;
$10,000 destruction of property; and $50,000 for loss of support per person, $100,000 loss of
support per occurrence.
2. A bond of a surety company with minimum coverage's as provided in (1)
3. A certificate of the state treasurer that the licensee has deposited with the state treasurer
$100,000 in cash or securities which may legally be purchased by savings bands or for trust funds
having a market value of $100,000.
An aggregate policy limit for dram shop insurance of not less than $300,00 per policy year may be
included in the policy provisions.
These are minimum requirements. The city may make the requirements larger. The requirement of
$1,000,000 for temporary liquor licenses has been put in because it was recommended by the
League of Minnesota Cities Insurance agent.
Malt liquor and wine licenses have been included in this section to require them to also carry dram
insurance. This is an option of the city. State statutes do not require 3.2% beer on -sale licensees
with sales of less than $10,000 per year, 3.2% off -sale licensees with sales of Tess than $20,000
per year or wine off -sale with sales of less than $10,000 per year to carry any dram insurance, but
allows the city to make that a requirement.
Currently, all wine licensees and several 3.2 beer licensees carry dram insurance.
$ This section is included in the current ordinance and provides for the denial or renewal of license,
when the applicant or licensee owes money to the city for taxes, fees (utility bills etc.) or loan
payment. Provisions for suspension of license have been added.
4
Subd. 16. Licenses: Investigation /Granting of License: Posting.
a. Investigation/ Granting of License. The council shall cause
investigation to be made of all representation set forth in the
application. No license shall be issued, transferred, or renewed if the
results show to the satisfaction of the council that issuance would not
be in the public interest. Opportunity shall be given at a regular or
special meeting of the council to any person to be heard for or against
the granting of any license. After such investigation, the council shall
grant or refuse such license in its discretion provided that no off -sale,
wine, or club license shall become effective until it, together with the
security furnished by the applicant has the approval of the
commissioner. The fee for such investigation shall be set from time
to time by resolution and shall be payable by the applicant whether or
not the license is granted.
b. License Renewal Investigation. All renewal applications which reflect
a change of status may be investigated for verification of the matters
set forth in the renewal application which are updated since the last
application. If at the time of renewal, a change of the manager of the
premises is identified, the licensee shall pay a supplemental
investigation fee which will be set from time to time by resolution and
shall be payable whether or not the license is granted.
c. Posting. Licensed premises shall have the license posted in a
conspicuous place therein at all times.
Subd. 17. Renewal of License. a. Time for Renewal. Applications for
renewal of an existing license shall be made at least sixty days prior to the
date of the expiration of the license. If in the judgement of the City Council,
good and sufficient cause is shown by any applicant for his failure to file a
renewal application within the time prescribed, the Council may never the
less receive such application.
Subd 18. Transfer of License. Any transfer of stock of a corporate
license is deemed a transfer of the license. A transfer of stock without prior
council approval and an investigation is a ground for revocation of the
license. No license may be transferred to another person or place. 11
Subd 19. Conditions of license. Subdivision 1. General rule. Licenses
granted under this section shall be granted subject to the following
conditions of this subsection, and subject to all other ordinances of the city
applicable thereto and to all regulations promulgated by the commissioner
applicable thereto.
9 The license renewal investigation has been added, allowing an investigation to be made on
renewals where information has changed and allow us to investigate managers, as we would an
owner and charge a fee for that investigation.
10 Sets a time frame. This will give a little push to those who are always slow to get their
application returned.
11 This section defined the term and where it is allowed and not allowed.
5
Subd 20. Conduct. Every licensee shall be responsible for the conduct of
his licensed place of business and for conditions of sobriety and order
therein. No licensee shall keep, possess, or operate, or permit the keeping,
possession, or operation of, on the licensed premises, or in any room
adjoining the licensed premises, any slot machine, dice, or any gambling
device or apparatus, nor permit any gambling therein, except that which is
approved by state statute, nor permit the licensed premises or any room in
the same, or in any adjoining building, directly or indirectly under its control
to be used as a result for prostitutes or other disorderly persons.
Subd. 21. Sales prohibited. No intoxicating wine, liquor or malt beverage
shall be sold or furnished for any purpose whatever to a person under the
age of 21 years, or to a habitual drunkard, or to a person under guardianship,
or to any person obviously intoxicated, or to any of the persons to whom
sale is prohibited by statute.
Subd. 22. Character. A license may not be issued to a person not a citizen
or resident alien of the United States and a licensee shall be of good moral
character and repute. A license may not be issued to any person who shall
hereafter be convicted of any willful violation of any law of the United States
or the State of Minnesota or of any local ordinance with regard to the
manufacture, sale, distribution or possession for sale or distribution of
intoxicating liquor, nor to any person whose license under this section shall
be revoked for any willful violation of any such laws or ordinances.
Subd. 23. Additional conditions of intoxicating liquor licenses and the
operation of licensed premises. The following acts or conduct on licensed
premises deemed and decreed to be contrary to public welfare and morals
and, therefore, no on sale liquor license shall be operated, maintained or
allowed at, in or on any premises where such acts or conduct are permitted
or tolerated. No licensee shall employ, permit or encourage any person or
employee in or on any such licensed premises in or under any of the
following circumstances:
a. while such employee or person is unclothed or in such attire,
costume or clothing as to expose any portion of the female breast
below the top of the areola, or any portion of the pubic hair, anus,
cleft of the buttocks, vulva or genitals; or
b. while such employee or person encourages or permits the wear
or use of any device or covering exposed to view which resembles or
simulates the breast, genitals, anus or other portion of the body above
mentioned; or
12 A resident alien of the United States is now under statute eligible for a liquor license.
6
c. while such employee or person permits or encourages any
person to perform or simulate the performance of sexual intercourse,
sodomy, oral copulation, flagellation, masturbation /bestiality or other
acts prohibited by law; or
d. while such employee or person encourages or permits any
person to use artificial devices or inanimate objects to depict any of
the prohibited activities herein described; or
e. while such employee or person encourages or permits any
person on the licensed premises to touch, caress or fondle the breasts,
buttocks, anus or genitals of any other person; or
f. while such employee or person encourages or permits any of
the behavior, conditions or acts hereinabove set forth by any other
person or persons.
Whenever the term "person" is used in this section, it is intended to mean
and shall include but not be limited to, any host, hostess, other employer or
employee, customer or spectator and all provisions of this section shall apply
equally to both sexes.
Subd. 24. Hours of operation. a. No sale of 3.2 percent malt liquor may be
made between 1:00 a.m. and 8:00 a.m. on the days of Monday through
Saturday, nor between 1:00 a.m. and 12:00 noon on Sunday.
b. Intoxicating liquor; 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 Saturday;
(2) after 1:00 a.m. on Sundays, except as provided by section
4, subd. 7.
c. Intoxicating liquor; Sunday sales; on -sale. A licensee that holds a
special Sunday on -sale intoxicating liquor license may sell intoxicating
liquor for consumption on the premises in conjunction with the sale of
food between the hours of 10:00 a.m. on Sundays and 1:00 a.m. on
Mondays.
7
d. Intoxicating liquor; off -sale. No sale of intoxicating liquor may be
made by an off -sale licensee:
(1) on Sundays;
(2) before 8:00 a.m. on Monday through Saturday;
(3) after 8:00 p.m. on Monday through Thursday and after
10:00 p.m. on Friday and Saturday. An off -sale licensee may
sell intoxicating liquor until 10:00 p.m. on December 31 and
July 3, and on the day preceding Thanksgiving day, unless
otherwise prohibited.
(5) on Thanksgiving Day;
(6) on Christmas Day, December 25; or
(7) after 8:00 p.m. on Christmas Eve, December 24.
Subd. 25. Evacuation of Licensed Premises. 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, subd. 22 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 nor to any premises holding a "Club
License ", or "3.2 % malt liquor off -sale license ".
Subd. 26. Revocation. A license granted hereunder may be revoked by the
council without notice to the grantee and a hearing in accordance with
Minnesota Statutes, Chapter 340A shall be first held by the council and the
revocation then made for cause. Any violation of any provision or condition
of this section or the state licensing law or any falsification of any statement
in the application shall be ground for revocation. The license shall be
revoked automatically upon the conviction of the licensee of a felony. No
portion of the license fee may be returned upon revocation.
Hopkins City Code (Rev.) 1200.01
CHAPTER XII
SALE, CONSUMPTION AND DISPLAY OF LIQUOR,
BEER AND WINE
Section 1200 - Intoxicating Liquor
1200.01. Definition of terms. The words and phrases and definitions of terms
as defined in Minnesota Statutes, chapter 340A, insofar as the same are
applicable to the city, are adopted by reference, and are as much a part of this
section as if fully set forth herein. In Chapter XII the term "commissioner"
means the commissioner of public safety of the state.
1200.03. License required. No person may, directly or indirectly, upon any
pretense or by any device, manufacture, import, sell, exchange, barter, dispose
of, or keep for sale, any intoxicating liquor, without first having obtained a
license therefore as hereinafter provided. Licenses shall be of two kinds: on
sale and off sale.
1200.05. On sale licenses. On sale licenses may be granted only to qualified
applicants for the sale of intoxicating liquor in hotels, clubs, restaurants and
establishments for the sale of on sale liquor exclusively. Ten on sale licenses
may be granted in a year. The license fee is set by City Council Resolution.
1200.07. Off sale licenses. Off sale licenses may be granted to permit the
sale of liquor at retail in the original package for consumption off the licensed
premises only. The licenses may be issued only to proprietors of exclusive
liquor stores subject to the approval of the commissioner. The license fee is
set by City Council Resolution. Eleven off sale licenses may be granted in a
year. A transfer or renewal of an existing license is not considered the
granting of an additional license.
1200.09. Club licenses. On sale licenses may be granted, in addition to the .
limitations prescribed in subsection 1200.07, to bona fide clubs. The license
permits the sale of intoxicating liquor to members and bona fide guests. (Amended
Ord. No. 87 - 573)
1200.11 Combination licenses. Except as to those on sale and off sale
licenses which in 1961 were issued in combination to one holder and are presently
existing in such combination, no additional intoxicating liquor licenses shall
hereafter be granted in combination; and at any time hereafter that any such
existing combined on sale and off sale licenses are for any reason suspended or
canceled, no further reissuance or renewal of such suspended or revoked licenses
shall thereafter be allowed or issued in combination.
1200.13. Sunday sales. Subdivision 1. Special licenses; Sunday sale. The
council may grant a special license for the sale of intoxicating liquors at on
sale on Sunday to a hotel or restaurant having facilities for serving not less
than 30 guests at one time and having an on sale license.
Section 1200 1
Hopkins City Code (Rev.), 1200.13, Subd. 2
Subd. 2. Hours of Sunday sales. Establishments licensed for Sunday sale
may serve intoxicating liquors on Sundays between the hours of 10:00 a.m. and
1:00 a.m. in conjunction with the serving of food. (Amended Ord. No. 89 -644)
Subd. 3. Conditions of sale. No Sunday sale of intoxicating liquors on
may be made except in conjunction with the serving of food. No liquor shall be
served on Sundays other than to persons who are seated at tables.
Subd. 4. Licenses. It is unlawful for any establishment licensed for
Sunday sales, directly or indirectly, to sell or serve intoxicating liquors
without first having obtained a special license so to do. The special license
may be issued by the city for a period of one year and may be revoked at any time
for cause.
Subd. 5. Application. Application for a special Sunday license shall be
made to the clerk in the same manner as applications for other licenses to sell
intoxicating liquors are made. The application shall be accompanied by the
license fee fixed by City Council Resolution.
1200.15. On -sale wine licenses. Subdivision 1. Definitions.
a) On -sale wine licenses. "On -sale wine licenses" means licenses
authorizing the sale of wine exceeding 14% alcohol by volume for
consumption on the licensed premises only in conjunction with the sale of
food.
b) Restaurant. "Restaurant" means an establishment under the control of a
single proprietor or manager having appropriate facilities for serving
meals and where, consideration for payment therefore, meals are regularly
served at tables to the general public, and which employs an adequate
staff to provide that usual and suitable service to its guests.
Subd. 2. Special licenses. The council may grant a special license for
the sale of wine to a restaurant which restaurant has facilities for seating not
fewer than 25 guests at one time.
Subd. 3. Fee. The fee for on -sale wine licenses is fixed by City
Council Resolution.
Subd. 4. Application. Application for an on -sale wine license shall be
made to the clerk in the same manner as applications for other licenses to sell
intoxicating liquor are made. The application must be accompanied by the proper
license fee. Licenses issued pursuant to this section are not effective until
approved by the commissioner.
1200.17. Application for license. Subdivision 1. Filing. A person desiring
a license for either on sale or off sale must file an application therefore in
writing with the clerk in the form prescribed by the commissioner and with such
additional information as the council may require.
Section 1200 2
Hopkins City Code 1200.17, Subd. 2
Subd. 2. Bond. A surety bond must accompany each application for a
license. In the case of an application for an on sale license, the application
shall be accompanied by a corporate surety bond in the sum of $3,000 to be
approved as to legal form by the city attorney, and as to sufficiency by the
council; or in lieu of such bond, cash or bonds of the Unites States of a market
value of $3,000 may be posted. In the case of an application for an off sale
license, a similar surety bond or cash or United States bonds equivalent shall be
required, but the amount of such bond shall be $1,000 and shall also be approved
by the commissioner.
Subd. 3. Condition of bond. The bonds shall be conditioned as follows:
a) that the licensee will obey the law relating to such licensed business;
b) that the licensee will pay to the city when due all taxes, license fees,
penalties and other charges provided by law;
c) that in the event of any violation of the provisions of any law relating
to the retail off sale and retail on sale of intoxicating liquor, such
bond shall be forfeited to the city;
d) that the licensee will pay to the extent of the principal amount of such
bond any damages for death or injury caused by or resulting from the
violation of any provisions of law relating thereto, and in such cases
recovery may be had from the surety on the bond.
Subd. 4. Bond as penalty. The amount specified in such bond is declared
to be a penalty, the amount recoverable to be measured by the actual damages.
The surety is not liable for any amount in excess of the penal amount of the
bond.
Subd. 5. False statements. It is unlawful to make any false statement
in an application.
1200.19. Fees; terms. Subdivision 1. Fees. Applications for licenses must
be accompanied by a receipt from the city for the required annual fee for the
respective license. The fees shall be paid into the general fund of the city.
Upon rejection of any application for a license, the city shall refund the amount
paid and the bond of the applicant shall be returned to the applicant.
Subd. 2. Term. Licenses shall expire on December 31 in each year. If
any part of the license year has elapsed when the application is made, then the
license fee shall be one- fourth of the fee for each three months or part thereof
for the remainder of the license year.
1200.21. Licenses: investigation: posting. Subdivision 1. investigation.
The council shall cause investigation to be made of all representation set forth
in the application. Opportunity shall be given at a regular or special meeting
of the council to any person to be heard for or against the granting of any
license. After such investigation and approval of the required bond, the council
shall grant or refuse such license in its discretion provided that no off sale
license shall become effective until it, together with the bond, has the approval
of the commissioner.
Section 1200 3
Hopkins City Code 1200.21, Subd. 2
Subd. 2. Posting. Licensed premises shall have the license posted in a
conspicuous place therein at all times. No license shall be transferable either
as to licensee or premises without the approval of the council and the
commissioner in the case of off sale licenses.
1200.23. Conditions of license. Subdivision 1. General rule. Licenses
granted under this section shall be granted subject to the following conditions
of this subsection, and subject to all other ordinances of the city applicable
thereto and to all regulations promulgated by the commissioner applicable
thereto.
Subd. 2. Persons ineligible. No intoxicating liquor shall be sold,
furnished or delivered for any purpose to persons under the age of 21 years or to
any person obviously intoxicated or to any of the persons to whom sale is
prohibited by statute and no license shall be granted to any person under the age
of 21 years.
Subd. 3. Conduct. Every licensee shall be responsible for the conduct
of his licensed place of business and for conditions of sobriety and order
therein. No licensee shall keep, possess, or operate, or permit the keeping,
possession, or operation of, on the licensed premises, or in any room adjoining
the licensed premises, any slot machine, dice, or any gambling device or
apparatus, nor permit any gambling therein, nor permit the licensed premises or
any room in the same, or in any adjoining building, directly or indirectly under
its control to be used as a result for prostitutes or other disorderly persons.
Subd. 4. Sales prohibited. No intoxicating wine, liquor or malt
beverage shall be sold or furnished for any purpose whatever to a person under
the age of 21 years, or to a habitual drunkard, or to a person under
guardianship, or to any person obviously intoxicated, or to any of the persons to
whom sale is prohibited by statute. No license shall be granted to any person
under 21 years of age.
Subd. 5. Character. A license may not be issued to a person not a
citizen of the United States and a licensee shall be of good moral character and
repute. A license may not be issued to any person who shall hereafter be
convicted of any willful violation of any law of the United States or the State
of Minnesota or of any local ordinance with regard to the manufacture, sale,
distribution or possession for sale or distribution of intoxicating liquor, nor
to any person whose license under this section shall be revoked for any willful
violation of any such laws or ordinances.
Section 1200 4
Hopkins City Code 1200.23, Subd. 6
Subd. 6. Manufacturers. No license shall be granted to any manufacturer
or distiller of intoxicating liquor, nor to anyone interested in the ownership or
operation of any such place, nor to a person operating a licensed place owned by
a manufacturer, distiller, or exclusive wholesale distributing agent unless such
interest was acquired at least six months prior to January 1, 1934, and no
equipment or fixture in any licensed place shall be owned in whole or in part by
any such manufacturer or distiller.
Subd. 7. One license. No more than one license of either class shall be
granted to one person or to one management, except in the case of exclusive
liquor stores.
Subd. 8. Unpaid taxes. No license shall be granted for operation on any
premises upon which taxes or assessments or other financial claims of the city
are delinquent and unpaid.
Subd. 9. Inspections. Premises where any license hereunder is granted
shall be open to inspection by any police officer or other properly designated
officer or employee of the city at any time during which the place so licensed
shall be open to the public for business.
Subd. 10. Other prohibited sales. No intoxicating liquor shall be
procured for, or sold or furnished for any purpose whatever, to a spendthrift or
improvident person or to an habitual drunkard or to any person who is or is
likely to become a public charge, or to any person who, by reason of
intoxication, becomes disorderly or commits any crime, for one year after written
notice forbidding sale of such intoxicating liquor to such person, which notice
may be made and served or caused to be served upon any or all licensees hereunder
by council or by any parent, guardian, wife or husband, son or daughter of such
person. The notice and the effects thereof may be revoked at any time prior to
the one year herein provided by the person or authority responsible for its
preparation and service or by a court of competent jurisdiction by proper order;
except that this provision shall not apply to a licensed pharmacist selling or
furnishing intoxicating liquor pursuant to a proper medical prescription
therefore. Whoever shall in any way procure intoxicating liquor for the use of
any such person to whom such liquor is forbidden shall be deemed to have sold to
such person.
Subd. 11. Additional conditions of intoxicating liquor licenses and the
operation of licensed premises. The following acts or conduct on licensed
premises deemed and decreed to be contrary to public welfare and morals and,
therefore, no on sale liquor license shall be operated, maintained or allowed at,
in or on any premises where such acts or conduct are permitted or tolerated. No
licensee shall employ, permit or encourage any person or employee in or on any
such licensed premises in or under any of the following circumstances:
a) while such employee or person is unclothed or in such attire, costume or
clothing as to expose any portion of the female breast below the top of
the aerola, or any portion of the pubic hair, anus, cleft of the
buttocks, vulva or genitals; or
Section 1200 5
•
Hopkins City Code (Rev. 1990), 1200.25
Section 1200
b) while such employee or person encourages or permits the wear or use of
any device or covering exposed to view which resembles or simulates the
breast, genitals, anus or other portion of the body above mentioned; or
c) while such employee or person permits or encourages any person to perform
or simulate the performance of sexual intercourse, sodomy, oral
copulation, flagellation, masturbation /bestiality or other acts
prohibited by law; or
d) while such employee or person encourages or permits any person to use
artificial devices or inanimate objects to depict any of the prohibited
activities herein described; or
e) while such employee or person encourages or permits any person on the
licensed premises to touch, caress or fondle the breasts, buttocks, anus
or genitals of any other person; or
f) while such employee or person encourages or permits any of the behavior,
conditions or acts hereinabove set forth by any other person or persons.
Whenever the term "person" is used in this section, it is intended to mean and
shall include but not be limited to, any host, hostess, other employer or
employee, customer or spectator and all provisions of this section shall apply
equally to both sexes.
1200.25. May sell food, etc. The licensee of any exclusive liquor store,
having an on sale license, is hereby permitted upon such licensed premises to
sell food, cigars, cigarettes, all forms of tobacco, non - intoxicating malt
beverages, and soft drinks, after first procuring proper licenses for the sale
thereof.
1200.27. Hours of operation. No sale of intoxicating liquor shall be made
after 1:00 o'clock a.m. on Sunday except by licensees duly licensed under special
licenses for Sunday sales as provided in section 1200.13 of this code, nor before
8:00 o'clock a.m. on Mondays, nor between the hours of 1:00 o'clock a.m. and 8:00 .
o'clock p.m. on the day of any election during which such sales are forbidden by
state law. No on sale shall be made between the hours of 1:00 o'clock a.m. and
8:00 o'clock a.m. on any weekday. Sales under a special "Sunday sale" license
may be made before 10:00 a.m. No off sale shall be made before 8:00 a.m. or
after 8:00 p.m. of any day except Friday and Saturday, on which days off sale may
be made until 10:00 o'clock p.m. No off sale shall be made on Thanksgiving Day;
or Christmas Day, December_25; but on the evenings preceding such days, if the
sale of liquor is not otherwise prohibited on such evenings off sales may be made
until 10:00 o'clock p.m., except that no off sale shall be made on December_24
after 8:00 o'clock p.m. No intoxicating liquor shall be sold, served or consumed
in or on a licensed premises during the closing hours aforesaid. (Amended Ord.
No. 87 -585, Sec. 1; Ord No. 90 -681, Sec. 1)
Hopkins City. Code (Rev. Nov. 1997), 1200.28
1200.28. Evacuation of Licensed Premises. 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 Subsection 1200.27 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
nor to any premises holding a "Club License." (Added Ord. No. 87 -585, Sec. 2)
1200.29. Deleted: Ordinance 97 -804
1200.31. Regulation of the possession or consumption of liquor by minors.
Subdivision 1. Adoption of certain provisions of Minnesota Statutes, chapter
340A by reference. Minnesota Statutes, section 340A.503, "Persons Under 21;
Illegal Acts" is adopted by reference.
Subd. 2. Persons 18, 19 and 20 years of age. As provided in Laws of
Minnesota 1986, chapter 330, a person born on or before September 1, 1967 shall
be treated for purposes of this section as a person who is 21 years old.
1200.33. Revocation. A license granted hereunder may be revoked by the
council without notice to the grantee and a hearing in accordance with Minnesota
Statutes, Chapter 340A shall be first held by the council and the revocation then
made for cause. Any violation of any provision or condition of this section or
the state licensing law or any falsification of any statement in the application
shall be ground for revocation. The license shall be revoked automatically upon
the conviction of the licensee of a felony. No portion of the license fee may be
returned upon revocation.
1200.35. Provisions of state law adopted. Except as modified by this section,
the provisions of Minnesota Statutes, 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.
Section 1200 7
Hopkins City Code 1205.01
Section 1205 - Consumption and Display of Intoxicating Liquor
1205.01. Intoxicating liquor, consumption and display - set -ups. No
proprietor or servant, agent or employee of any private club or public place of
business, other than.a holder of a valid consumption and display permit issued by
the commissioner accompanied by a receipt for the payment of the additional fee
therefore as hereinafter prescribed, may permit the consumption or display of any
intoxicating liquors in or upon any such premises. No part of this provision is
applicable to any proprietor of any premises holding a valid club or other
intoxicating liquor license.
1205.03. Qualifications for and conditions of permit. No permit shall be
valid unless the application for the issuance thereof is first examined,
investigated and approved by the council, and no such application shall be
approved or issued for any such private club or public place of business unless
such club or premises shall at all times during the validity of such permit be
under the control of a single proprietor or manager, having appropriate
facilities for, the serving of meals, and where, in consideration of payment
therefore, meals are regularly served at tables to the general public, and which
employs an adequate staff to provide the usual and suitable service to its
guests, and the principle part of the business of which is the serving of foods,
such establishment to have facilities for seating less than thirty guests at one
time. The approval of any application for any such permit may be withheld or any
such permit may be ordered revoked at any time by the city council, after a
hearing thereon by the council or a committee thereof upon any complaint and
finding of any violation of any statute, ordinance or regulation allowed or
committed on the premises or of unwillingness, inability, negligence,
carelessness or failure by the proprietor or person acting under the proprietor
in the proper, orderly and lawful operation, conduct or control of such place of
business.
1205.05. Additional city fees. There is hereby imposed upon the holder of any
permit an additional fee in the amount duly established by the council from time
to time per year which shall be paid annually to the clerk on or before July_l of
each year and a receipt of the clerk issued therefore. The written receipt
issued by the clerk shall at all times be posted in some conspicuous place upon
the premises with the permit.
1205.07. Inspections. A private club or public place allowing the consumption
or display of intoxicating liquor shall be open at all reasonable times for
inspection by the commissioner and by any duly authorized officers of the city or
the County of Hennepin. Refusal to permit such inspection is a misdemeanor.
1205.09. Hours of consumption and display. No person shall consume or display
or allow consumption or display of any intoxicating liquor between the hours of
1:00 a.m. and 12:00 noon on Sunday and between 1:00 a.m. and 8:00 a.m. on Monday
through Saturday.
Section 1205
Hopkins City Code 1210.01
Section 1210 - Beer, Non - Intoxicating Malt Beverages
1210.01. Definitions. The terms "non- intoxicating malt liquor" or "beer" have
the meanings given them by Minnesota Statutes, section 40A.101, subdivision 19.
1210.03. License required. Subdivision 1. General rule. No person shall
sell, vend, deal in or dispose of by gift, sale or otherwise, or keep or offer
for sale in the city, any non - intoxicating malt liquor without first having
received a license therefore as hereinafter provided. Licenses shall be of two
kinds: on sale and off sale.
Subd. 2. Scope of license. Annual on sale licenses are granted only to
drug stores, cafes, restaurants and hotels where food is prepared and served for
consumption on the premises and in bona fide clubs, and shall permit the sale of
beer for consumption on the premises only. On sale licenses may also be granted
to other persons, for specified days, not to exceed ten days to one person during
any one calendar year. The license fee is fixed by City Council Resolution.
Subd. 3. Original package. Off sale licenses are granted to permit the
sale of beer in the original packages for removal from and consumption off the
premises only.
1210.05. Licenses. Subdivision 1. Contents. Applications for any licenses
to sell non - intoxicating malt liquor shall be made on forms to be supplied by the
city, setting forth the name of the person asking for such license, age,
representations as to character with such references as may be required,
citizenship, the location where such business is to be carried on, whether such
application is for on sale or off sale, the business in connection with which the
proposed license will operate, whether applicant is owner and operator of such
business, the time such applicant has been in that business at that place, and
such other information as the city may require from time to time.
Subd. 2. False statements. It is unlawful to make any false statement
in an application, and in addition to all other penalties, the license shall be
revoked by the city council for a violation of this section.
1210.07. Fees and expiration date. Applications for licenses shall be
accompanied by a receipt from the city for the required annual fee set by City
Council Resolution. Fees shall be paid into the general fund of the city. Upon
rejection of any application for a license, the treasurer shall refund the amount
paid. Licenses shall expire on December 31 in each year.
1210.09. Granting of licenses. The council shall cause an investigation to be
made of all facts set forth in the application. Opportunity shall be given to
any person to be heard for or against the granting of any license. After the
investigation, the council may grant or refuse the application in its discretion.
Section 1210 1
Hopkins City Code
(Rev. Nov. 1997), 1210.11
1210.11. Conditions of licenses. Subdivision 1. General rule. Licenses are
subject to the conditions of this subsection, and all other conditions of this
section, and subject to all other regulations of the city.
Subd. 2. Age. No license shall be granted to any person under 21 years
of age.
Subd. 3. Multiple ownership. No license shall be granted
applicant who already owns a license of the kind applied for.
any
Subd. 4. Owner only. No license shall be issued to an applicant unless
he be the actual owner or proprietor of the business at the location where he
intends to sell such malt liquor.
Subd. 5. Deleted: Ordinance 97 -804.
Subd. 6. License required. No person shall have in his possession for
sale any non - intoxicating malt liquor without first having obtained one or both
of the licenses herein provided for.
Subd. 7. Spiking. It is unlawful for any licensee to mix, or sell for
the purpose of mixing, any such malt liquor or to suffer or permit upon the
premises named in the license any mixing or spiking of malt liquor, soft drinks
or any other liquid or beverage by adding to or with the same any alcohol or
other intoxicating liquor except as permitted by section 1205.
Subd. 8. Prior conviction. No license shall be granted for sale on any
premises where a licensee has been convicted of the violation of this section or
where any license hereunder has been revoked for cause for at least one year
after the said conviction or revocation.
Subd. 9. Sale to persons under 21 years. Minnesota Statutes, section
340A.503 is adopted by reference. As provided in Laws of Minnesota 1986, chapter
330 a person born on or before September 1, 1967 shall be treated for purposes of
this section as a person who is 21 years old.
Subd. 10. Posting. The written license shall at all times be posted in a
conspicuous place on the premises named herein.
Subd. 11. Non - transferable. Licenses granted under this section may be
issued to the applicant only, and shall be issued for the premises described in
the application. The license is not be transferable.
Subd. 12. No combination sales. No manufacturer of such non- intoxicating
malt liquors shall have any ownership, in whole or in part, in the business of a
licensee holding an on sale license.
Section 1210 2
Hopkins City Code (Rev.), 1210.11, Subd. 13
Subd. 13. Character. Licenses hereunder shall be issued only to persons
who are citizens of the United States and who are of good moral character and
repute.
Subd. 14. Prohibited sales. No non - intoxicating malt beverage shall be
procured for, or sold or furnished for any purpose whatever to a spendthrift or
improvident person or to an habitual drunkard or to any person who is or is
likely to become a public charge, or to any person who by reason of intoxication
becomes disorderly or commits any crime, for one year after written notice
forbidding the same of such malt beverage to such person, which notice may be
made and served or caused to be served upon any or all licenses hereunder by the
council or by any parent, guardian, wife or husband, son or daughter of such
person. Such notice and the effects thereof may be revoked at any time prior to
the one year herein provided, by the person or authority responsible for its
preparation and service or by a court of competent jurisdiction by a proper
order. Whoever shall in any way procure any non - intoxicating malt beverage for
the use of any such person to whom such beverage is forbidden shall be deemed to
have sold to such person.
Subd. 15. Windows. All windows in the front of any place or premises in
which non - intoxicating malt liquors are sold on sale as provided in this section
shall be of clear glass and the view therefrom of the bar, counter or other
device at, through, or from which such non - intoxicating malt liquors are drawn or
dispensed, shall be unobstructed by screens, curtains or partitions.
1210.13. Closing hours of sale. No sale of non - intoxicating malt liquor shall
be made on any Sunday between the hours of 1:00 a.m. and 10:00 a.m., nor on any
election day during which such sales are forbidden by state law. No sale shall
be made between the hours of 1:00 a.m. and 8:00 a.m. on any weekday Monday
through Saturday inclusive, and no such liquor shall be sold, served or consumed
in or on the licensed premises during the closing hours aforesaid.
1210.14. Evacuation of Licensed Premises. No licensed premises named in an
"ON SALE" Non- Intoxicating Malt Liquor License shall remain open for business
more than 15 minutes after the closing time stated in Subsection 1210.13 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 nor to any premises holding a "Club License." (Added Ord. No.
87 -585, Sec 3)
1210.15. Revocation. The license of any person who shall be found guilty of
violation of the intoxicating liquor law, whether the offense be committed on the
premises named in the license or elsewhere, and the license of any person who
shall keep, sell, manufacture or possess intoxicating liquor at or upon the
premises named in the license, contrary to law, shall be revoked by the council.
A license may be revoked by the council after a hearing first held by the council
and the revocation then made for cause. A violation of any provision or
condition of this section or any false statement in the application shall be
ground for revocation. No portion of the license fee may be returned upon
revocation.
Section 1210
Hopkins City Code 1210.17
1210.17. Provisions of state law adopted. Except as modified by this section,
the provisions of Minnesota Statutes, 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.
Section 1210 4
October 9, 1998 City Council Report
Overview
1999 BUDGET WORKSESSION
The City of Hopkins is in the process of setting the final 1999 budget and tax levy. The city
council is charged with the authority to establish a budget for 1999. We have already set our
preliminary tax levy at $5,472,615 which is within the levy limits set forth by the State of
Minnesota. This year the departments had to cut $159,622 out of their requested budgets in order
to reach the 1999 levy limit. Following we will discuss what are goals are for 1999 and
determine how to reach those goals through the budget.
1999 Budget Goals
Maintain basic city services at current levels.
• Analyze all programs and services to:
- look for ways to reduce dependency on the property tax,
find greater efficiencies in the provision of current services and programs,
compare staffing levels to workloads to assure proper allocation of resources,
create greater linkages between revenues and expenses, to allow for more entrepreneurial
approaches to non - essential services.
• Forecast funding needs and tax implications to assure strong long -term financial stability.
• Provide adequate funds to meet necessary technology upgrades and maintenance.
• Continue policy of not using fund balances for operating expenses.
• Recognize and award employees that help the city save money.
In order to accomplish these goals the finance department is recommending a 4.2% increase in the
general fund budget which equates to a 5.4% increase in the levy. The larger increase in the levy is
to replace lost interest revenues due to equal allocation of interest to all funds and to supplement the
0% increase in intergovernmental revenues.
The 4.2% increase in the budget will provide us with the funds necessary to accomplish all of our
goals in 1999. Although this is a larger increase than past years there are some significant issues that
need to be addressed. The city is required to be Year 2000 compliant. We have barely scratched the
surface as to what systems and equipment are going to need to be replaced. We do know however
that the Utility Billing and the Permit systems are going to be obsolete and will need replacing or
upgrading. There could be other systems or equipment we have not yet determined to be replaced.
This is why maintaining a strong fund balance is essential. We need to eliminate the use of fund
balance for projects. In order to do this we need provide enough current revenues.
If we look at how these proposed increases will affect the tax payers of the City of Hopkins, we see
only a minimal increase in total taxes for the medium valued home (see spreadsheet). This is
primarily do to the credits the school district is receiving from the State which allows schools to
reduce their portion of the levy.
Attached are many schedules and proposals for us to review. If you have any questions prior to the
meeting please contact me at 939-1337.
Sincerely,
Lori K Yager
Finance Director
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