Denial of 3.2 Beer ApplicationFINDINGS IN SUPPORT OF DENIAL BY CITY OF HOPKINS OF
APPLICATION FOR 1.2 BEER LICENSE BY KUNZ OIL COMPANY.
Pursuant to hearing upon an application for issuance of an off sale
3.2 beer license, the application thus submitted by the applicant was denied on
the basis of the following findings.
1. The applicant owns and operates a gasoline service station within
the City of Hopkins selling and dispensing products and auto supplies to the general
public, including incidental packaged foods and groceries.
2. The intention of the applicant is to sell packaged 3.2 beer from the
same premises in connection with its gasoline service station operation.
3. The sale to the public of packaged 3.2 beer is presently limited by
license to grocery stores and supermarkets within the City of Hopkins.
4. A policy previously established and followed by the City of Hopkins
recognizes the sale of such products to the public to be limited to grocery stores
and supermarkets where purchse of such product is controlled and supervised and the
consumption of such product on such premises is disallowed and prohibited.
5. The oportunity to control and enforce violations concerning the laws
and regulations with respect to the sale of such product from premises principally
constructed, used and operated as service and gas stations for vehicles presents
increased difficulties for both seller and the enforcement authority of the City of
Hopkins.
6. Inasmuch as the City of Hopkins contains many service stations who
would be similarly entitled to receive such a license upon application if the existing
policy were modified would substantially increase police observation and enforcement
concerning the possibility of illegal sales and misuse of the product.
7. A sufficient number of facilities are now available for the sale of 3.2
beer in packaged form to the public so as not to create an inconvenience or monopoly
in favor of any one particular seller.
November 28, 1983
Prepared by Jerre Miller, Attorney at Law