CR 09-095 Transient Merchant Ordinance�m November 4, 2009 Council Report 2009 -095
TRANSIENT MERCHANT ORDINANCE
Proposed Action
Staff recommends adoption of the following motion: Approve Ordinance 2009 -1008 amending
Sections 1145 of the Hopkins City Code for first reading.
Overview
The Hopkins City Council adopted Ordinance 2005 -944 in 2005. This ordinance did the following:
• Limited transient merchants to the B -3 business district.
• Prohibited transient sales near intersections or within public rights -of -way or setbacks.
• Ensured that there is sufficient parking to handle the transient business as well as any existing
businesses.
• Limited the number and duration of transient merchant licenses.
These changes were incorporated into Section 1145.15, Subd. 2.
Section 1145.07 exempts organizations selling Christmas trees from the transient merchant
requirements:
1145.07. Exemptions The terms of this Section do not include:
e) organizations selling Christmas trees at sites approved by the City, although such
organizations shall comply with Section 1145.15, Subd. 2;
The language in 1145.07 e) was not amended in 2005 and thus made the sale of Christmas trees subject
to all the new requirements that were imposed on transient merchants. Staff proposes to amend Section
1145.07 in order to return the regulation of the sale of Christmas trees to where it was prior to 2005.
Primary Issues to Consider
• What are the details of the changes to Sections 1145 and 1150
Supporting Information
• Ordinance 2009 -1008
�4 -
Genellie
Assistant City Manager
Council Report 2009 -095
Page two
Analysis of the Issues
What are the details of the changes to Sections 1145?
Section 1145.07 e) would be amended to make the sale of Christmas trees subject to only those
sections of 1145.15, Subd 2 which existed prior to the adoption of 2005 -944, i.e. subsections d)
through g):
1145.15 Subd. 2. Transient Business
d) the business may not generate noise, light, dust, or odors which reasonably would tend
to disturb or annoy occupants of adjacent residential properties;
e) the transient business licensee shall keep the parcel free of trash, litter, and debris;
f) any tents, canopies, awnings or similar items and all water, electrical, and lighting
facilities shall be in compliance with applicable codes and regulations;
g) the transient merchant shall have in possession written evidence of consent of the owner
or leasee of the parcel to conduct the transient business thereon.
Without this change, organizations selling Christmas trees would only be able to operate in the B3
district for four continuous days.
Alternatives
1. Approve Ordinance 2009 -1008 for first reading.
2. Do not approve Ordinance 2009 -1008 for first reading and direct staff to make changes.
Staff recommends Alternative #1.
CITY OF HOPKINS
Hennepin County, Minnesota
ORDINANCE 2009 -1008
AN ORDINANCE AMENDING SECTIONS 1145
OF THE HOPKINS CITY CODE
TRANSIENT MERCHANTS
The City Council of the City of Hopkins does hereby ordain:
Section 1. Hopkins City Code, Section 1145.07 is amended to read
as follows:
e) organizations selling Christmas trees at sites approved by
the City, although such organizations shall comply with Section
1145.15, Subd. 2 d) through g);
Section 2. The effective date of this ordinance shall be the date
of publication.
First Reading:
Second Reading:
Date of Publication:
Date Ordinance Takes Effect:
November 4, 2009
November 17, 2009
November 26, 2009
November 26, 2009
Gene Maxwell, Mayor
ATTEST:
Terry Obermaier, City Clerk
APPROVED AS TO FORM AND LEGALITY:
City Attorney Signature
Date