CR 96-31 Ordinance Amending Various Sections Hopkins City CodeFebruary 14, 1996
•
Proposed Action
Staff recommends that the Council approve the following motion: Move to approve Ordinance #96 -782 for
first reading.
Approval of this motion will begin the process of amending various sections of the Hopkins City Code
removing outdated language, and bringing the Code into conformance with current practices.
Overview
The proposed ordinance is largely a house keeping measure. It affects a number of sections of the City Code.
These changes are being made to remove outdated language, simplify licensing procedures, and to bring the
Code into conformance with current practices.
A resolution revising fees is also attached. The Council will be asked to approve this resolution along with
the second reading of Ordinance 96 -782.
Primary Issues to Consider
• What changes are being made in the proposed ordinance?
• What changes are being made to the fee structure?
Supporting Information
• Analysis of issues
• Ordinance #96 -782
• Resolution #96 -16
atot
A. Genellie
C Clerk
ORDINANCE AMENDING VARIOUS SECTIONS
OF THE HOPKINS CITY CODE
Council Report 96 -31
Council Report #96 -782
Page 2
Analysis of the Issues
• What changes are being made in the proposed ordinance?
Section 600 - Food Establishments
A major revision to Section 600 is planned. In the meantime some minor changes are proposed to
simplify licensing procedures.
Licenses will be issued administratively without the requirement for Council approval. This has been
done with a number of licenses and permits already, such as pawnshops, adult entertainment, peddlers,
solicitors and taxis. The reason for this is that the City Council really has little discretion to deny a
license if the applicant meets the criteria for the issuance of a license or permit.
The regulations regarding temporary food establishment licenses, formerly itinerant food
establishments, have been changed. The current ordinance is cumbersome and rarely followed. The
new procedures will ensure that the City is notified when and where such temporary sales are
occurring. It will also simplify the issuance of these licenses.
Food establishment licenses have also be simplified. Currently a business might be required to get a
food sales license, a meat market license, a bakery license, and a delicatessen license. In 1997 the
same business would be required to get a single license based upon the size of the business. Also,
licenses for food vehicles will no longer be required. The City does no inspection of these vehicles.
Section 825 - Trees in Streets and Public Grounds
The changes in this section are being made on the advice of the City Forester, Ray Vogtman. They
bring the ordinance into conformance with current practice.
Section 925.51 - Penalties for violation of the animal ordinance.
When this ordinance was recently amended the penalty was supposed have been changed to a petty
misdemeanor. This change is now being made.
Section 1105 - Auctioneers
The state of Minnesota has taken over the licensing of auctioneers.
Section 1110 - Taxis
There is no longer a chauffeur's license. Taxi drivers are only required to have a regular driver's
license.
Section 1130 - Car Washes
Section 1130, Subd. 2b regarding water storage tanks for car washes is deleted. Mike Lauseng, the
Water and Sewer Superintendent said that this section is no longer required.
Council Report #96 -782
ill Page 3
Section 1150 - Soft Drinks
The City no longer issues permits for the sale of soft drinks.
• What changes are being made to the fee structure?
The 1995 fee schedule for food establishments lists every conceivable type of food sales and
preparation. The problem that seems to exist with this schedule is that one establishment may be
charged for several licenses that sound like they should be inclusive. For instance, one could expect a
grocery store to sell meat, produce, baked goods, candy, and, perhaps, other prepared food. The way
it has worked in the past, a grocery store would be charged for all of the above.
To simplify the license process, and to make it more easily understood, all licenses for food
establishments could be put into three main categories with an added fee for additional uses. The
following is a list of licenses:
Wholesale food: A food establishment where the largest portion of the business is preparation of
food for sale to a distributor or retail food establishment. New fee Old fee
Fee: <10,000 square feet - $210.00 $200.00
>10,000 square feet - $260.00 $250.00
plus $90.00 for additional food establishment services, such as Retail food and Restaurant.
Retail food: A food establishment, such as a grocery store, where the largest portion of the business
is sales to the general public. New fee Old fee
Fee: <10,000 square feet - $120.00 $115.00
>10,000 square feet - $240.00 $230.00
plus: $90.00 for additional food preparation services, such as a deli, on site.
Restaurant or on site food preparation: A food establishment where the largest portion of the
business is retail sales to the general public of food prepared on site and consumed either on or off
site. New fee Old fee
Fee: <2,500 square feet - $125.00
2,500 - 5,000 square feet - $215.00
5,001 or more square feet - $280.00
$120.00
$210.00
$275.00
Staff is also recommending that the City establish a fee of $150.00 per year for junk yards. Section 1120
requires a license for a motor vehicle junk yard but no fee was ever set.
CITY OF HOPKINS COUNTY OF HENNEPIN
ORDINANCE NO. 96 -782
AN ORDINANCE AMENDING
VARIOUS SECTIONS OF THE HOPKINS CITY CODE
The City Council of the City of Hopkins does hereby ordain:
SECTION 1. That Section 600.01, Subd. 13 be amended to read as
follows:
Subd. 13. "Itincrant Temporary food establishment" means a food
establishment operating for a temporary period of not more than 14 consecutive
days, including, but not limited to, a fair, carnival, circus or public
cxhibition.
SECTION 2. That Section 600.01, Subd. 27 be deleted in its
entirety.
Ld .B
hou c ..
moans an cuing place where m alo arc
furniahcd rcgularly to two r m rc peraona othcr than mcmbcro f thc family.
SECTION 3. That Section 600.01, Subd. 28 be amended to read as
follows:
Subd. 28. "Family" means an individual or two (2) or more persons each
related by blood, marriage, adoption, or foster care, or a group of not more
than four (4) persons not so related maintaining a common household and using
common cooking and sanitary facilities. including fo to children and bona
unit and also including roomcrsprovidcd that the family plug thc roomers
children an domcztic acrvanta.
SECTION 4. That Section 600.03 be deleted in its entirety and
replaced by the following:
600.03. Licenses required. Subdivision 1. General rule. No person shall
operate a food establishment or engage in the business of operating a food
establishment within the city unless a license has been obtained therefor from
the city and paying the license fee required by City Council Resolution. The
food establishments required to be licensed are as follows:
a) caterers license;
b) temporary food establishment license;
c) drive-in restaurants;
Ordinance #96 -782
d) retail food sales license, includes grocery & convenience store
where food is sold for consumption elsewhere;
e) eating establishments, includes restaurants, cafes, delicatessens,
etc. where food is sold and may be consumed on the premises; and
f) wholesale food manufactures and distributors.
Subd. 2. Granting license. If all requirements of this Section are
met, the manager or designee shall issue a license.
Subd. 3. Display of license. Licenses shall be conspicuously
displayed at all times, readily available for inspection, in licensed food
establishments.
SECTION 5. That Section 600.19 be deleted in its entirety and
replaced by the following:
600.19. Temporary food establishments. Subdivision 1. Licensing
Requirements. Temporary food establishments must provide the following
information prior to receiving a license: (1) Name of the establishment; (2)
name and address of the owner or operator; (3) location where the food
establishment will be placed; (4) proposed dates of operation; (5) a copy of a
state or county permit.
Subd. 2. Operating Requirements. Temporary food establishments shall
provide their own electrical power and dispose of all waste products in an
approved waste receptacle. No oil or grease may be disposed of in city storm
sewers. Temporary food establishments shall also comply with the health
requirements set out in Section 600.
SECTION 6. That Section 600.85 be amended as follows:
600.85. Licenses and permits. Subdivision 1. Application. An
application for a license or permit under this section shall be made in
writing to the clerk and shall be referred for inspection, report, and
recommendation to the health authority. Licenses shall be issued by thc clerk
at thc dirccti n f thc c uncil. If all requirements of Section 600 are met,
the manager or designee shall issue a license.
SECTION 7. That Section 825.05 be deleted in its entirety and
replaced by the following:
825.05. Approved trees and spacing along streets and boulevards. Only the
following deciduous trees and varieties thereof shall be planted as street or
boulevard trees: Norway maple, summit green ash, ginko, hackberry, honey
locust, Kentucky coffeetree, linden, autumn blaze maple, sugar maple, oak, and
walnut. They shall be spaced when planted in accordance with regulations to
be established by the city manager from time to time pursuant to accepted
forestry recommendations and practices pertaining to the several tree species
permitted.
SECTION 8. That Section 825.15 be amended to read as follows:
825.15. Park and playground planting Healthy trees in addition to those
set forth in subsection 825.05 may be planted in public parks and playgrounds
after permit therefor is authorized and issued by the manager.Tcuccpt that
clms, aks and titer species susceptible t c mmuni blc infestation r
dis ase shall not be permitted unless ap by thc University of Minnesota,
Division of Pscztry.
Ordinance #96 -782
SECTION 9. That Section 925.51 be amended to read as follows:
925.51. Penalties. Violation of any of the provisions of this section is
a petty misdemeanor and each day the violation continues is a separate
violation. A dog license issued to a person convicted of a violation of
subsection 925.27 is automatically revoked on conviction and a new dog license
may not be issued to that person for a period of one year from the date of
conviction.
SECTION 10. That Section 1010.09 be amended as follows:
1010.09. Business and Regulatory.
1 Adult establishment
Adult establishment investigat
3 Aectionccr
2 Benches
3 Building movers
4 Car wash
5 Car wash, coin operated
6 Cigarette vending machines
7 Cigarettes not by machine
8 Gasoline stations, first pump
9 Gasoline stations, each additional pump
10 Petroleum storage, bulk
11 Motor street vendor
11 Motor bike rental
12 Motor vehicle - Class A sale of
13 Motor vehicle - Class B sale of
14 Pawnshop
Pawnshop investigation
16 Peddlers & hawker vehicular
15 Petroleum storage, bulk
16 Refuse collectors
17 Each refuse vehicle
18 Scavenger
19 Taxi cabs
34 Taxi ab drivers
20 Transient merchants, peddlers, solicitors
SECTION 11. That Section 1010.13 be amended as
1010.13. Food, and food sales.
1 Catering f od vchicic
4 Bakery fo d vchicic
Readily perishable f d vchicic
4 Other food vchicic
Temp rary f d vchicic
6 Vending machines - packaged food
7 Vending machines - unpackaged food
8 Vending machines - other
3 Confection (candies) sales
10 Temporary food establishment
Ordinance #96 -782
n.
per year
on per investigation
ice -day
zc
per bench
per year
per year
per year
per year
per year
per year
per year
per year
per y ar
per year
per year
per year
per year
per investigation
jr . y-or
per year
per vehicle
per year
per year
per year
follows:
t
date -o-f` 1ao'UC
per year
per year
per year
date of issue
•
11 Retail food sales - grocery and convenience store
10,000 sq. ft. or less per year
More than 10,001 sq. ft. per year
Moat markets and butchcr chops
—5,000 oq. ft. or lea., per yoar
Morc than 5,001 o-q. ft. pc r y
13 Eating establishments, restaurants, cafes,
delicatessens, etc.
2,500 sq. ft. or less per year
2,501 to 5,000 sq. ft. per year
5,001 or more sq. ft. per year
14 Caterers per year
15 Drive -in restaurants per year
16 Wholesale food Manufacturers and distributors
10,000 sq. ft. or less
More than 10,001 sq. it
per year
per year
SECTION 12. That Section 1105 - Auctioneers be deleted in its
entirety.
SECTION 13. That Section 1110.01, Subd. 5 be deleted:
Cubd. 5. "Chauffeur's license" m ana thc license grantcd by thc state
thc city or cl.,cwhcrc for hire or as a chauffeur.
SECTION 14. That Section 1110.13 be deleted:
Ordinance #96 -782
1110.1x.
operator, shall drive any
licensed ac a chauffeur.
taxicab in
thc
city without
first
having
cyst= cxccpt between thc hours of 10-00 p.m. and-G:40 a.m.
SECTION 16. That Section 1150 - Soft Drinks be deleted in its
entirety.
been
SECTION 15. That Section 1130.03, Subd. 2 b) - be deleted in its
entirety.
b}
tank, or tanks, having a opacity of not leas than 20,000 gallons
into which all water uocd in thc protean of thc ar wash operation
shall first be drained and held in storage; ouch tank or tanks ahall
be c ntr llcd by a time cl ck and automatic valve a that ..o ouch
SECTION 17. The effective date of this ordinance shall be twenty
days after publication.
First Reading of Ordinance #96 -782: February 20, 1996
Second Reading of Ordinance #96 -782 and
approval of the summary of
Ordinance #96 -782: March 6, 1996
Date of Publication of the Summary: March 13, 1996
Effective Date of Ordinance: April 3, 1996
ATTEST:
James A. Genellie, City Clerk
APPROVED AS TO FORM AND LEGALITY:
City Attorney Signature Date
Ordinance #96 -782
Charles D. Redepenning, Mayor
•
CITY OF HOPKINS COUNTY OF HENNEPIN
AN ORDINANCE AMENDING SECTIONS 600, 825, 925, 1010, 1105, 1110,
This ordinance amends Sections 600, 825, 925, 1010, 1105, 1110, and 1150 of
the Hopkins City Code. The following changes were made:
1. Section 600 - Food Establishments - Licenses will be issued
administratively without the requirement for Council approval. The
regulations regarding temporary food establishment licenses, formerly
itinerant food establishments, have been changed. Food establishment
licenses have also be simplified.
2. Section 825 - Trees in Streets and Public Grounds - Changes are made in
the type of trees that can be planted along boulevards.
3. Section 925.51 - Penalties for violation of the animal ordinance is
changed to a petty misdemeanor.
4. Section 1105 - Auctioneers is deleted.
5. Section 1110 - Taxis is amended to delete reference to chauffeurs
licenses.
6. Section 1130, Subd.2b regarding water storarge tanks for car washes is
deleted.
7. Section 1150 - Soft Drinks is deleted.
A printed copy of the entire ordinance is available from the City Clerk and at
the Hopkins library.
First Reading of Ordinance #96 -782: February 20, 1996
Second Reading of Ordinance #96 -782 and
approval of the summary of Ordinance #96 -782: March 6, 1996
Date of Publication of the Summary: March 13, 1996
Effective Date of Ordinance: April 3, 1996
Ordinance #96 -782
SUMMARY OF
ORDINANCE NO. 96 -782
AND 1150 OF THE HOPKINS CITY CODE
•
CITY OF HOPKINS
Hennepin County, Minnesota
RESOLUTION NO. 96 -16
WHEREAS, the Hopkins City Council has authorized by ordinance the charging of fees for
a variety of licenses and permits, and
WHEREAS, the City Code allows the City Council to establish fees by resolution,
NOW THEREFORE BE IT RESOLVED, that the City Council of the City of Hopkins
hereby adopts the following fees:
Wholesale food: A food establishment where the largest portion of the business is sales
to a distributor or retail food establishment.
Fee: <10,000 square feet - $210.00
>10,000 square feet - $260.00
plus: $90.00 for additional food establishment services, such as Retail food and
Restaurant.
Retail food: A food establishment, such as a grocery store, where the largest portion of
4, the business is sales to the general public.
Fee: <10,000 square feet - $120.00
>10,000 square feet - $240.00
plus: $90.00 for additional food preparation services, such as a deli, on site.
Restaurant or on site food preparation: A food establishment where the largest portion
of the business is retail sales to the general public of food prepared on site and
consumed either on or off site.
Fee: <2,500 square feet - $125.00
2,500 - 5,000 square feet - $215.00
5,001 or more square feet - $280.00
Motor Vehicle Junk Yards - $150.00 per year
Adopted by the City Council of the City of Hopkins this 6th day of March, 1996.
By
Charles D. Redepenning, Mayor
ATTEST:
• James A. Genellie, City Clerk