CR 10-054 Amendment to Section 1200 Off-Sale Liquor • June 15, 2010 ` Council Report 2010-054
AMENDMENTS TO SECTION 1200
OFF-SALE LIQUOR
Proposed Action
Staff recommends that the Council approve the following motion: Move that the Hopkins City Council
approve Ordinance 2010-1023 for first readin�.
Adoption of this motion will begin the process of amending Section 1200.44 of the Hopkins City Code to
change the Monday through Thursday closing time for off-sale liquor from 8:00 p.m. to 9:00 p.m.
Overview
The City has been approached by several off-sale liquor licensees regarding changing the closing time for
off-sale liquor sales.
Currently off-sale liquor establishments must close by 8:00 p.m., Monday through Thursday and 10:00 p.m.
Friday and Saturday.
• State law allows off-sale liquor establishments to remain open until 10:00 p.m. Monday through Saturday.
However, state law also allows municipalities to further limit the hours of sales.
Minnetonka and St. Louis Park allow off-sale liquor establishments to remain open past 8:00 p.m. Edina has
municipal liquor stores which have the same hours as Hopkins.
Staff is recommending the closing time be changed from 8:00 p.m., Monday through Thursday to 9:00 p.m.
SuAAOrting Information
• Ordinance number 2010-1023
� ����
Ja '' s A. Genellie
Assistant City Manager
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• CITY OF HOPKINS
COUNTY OF HENNEPIN
ORDINANCE NO. 2010-1023
AN ORDINANCE AMENDING
SECTION 1200 OF THE HOPKINS CITY CODE
THE COUNCIL OF THE CITY OF HOPKINS HEREBY ORDAINS AS EOLLOWS:
Section l. That Section 1200.44, Subdivision 5 be amended as
follows:
Subd. 5. 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 �-�- 9:00 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.
4. on Thanksgiving Day;
• 5. on Christmas Day, December 25; or
6. after �— 9:00 p.m. on Christmas Eve, December 24.
Section 2. The effective date of this ordinance shall be the
date of publication.
First Reading: June 15, 2010
Second Reading: July 6, 2010
Date of Publication: July 15, 2010
Date Ordinance Takes Effect: July 15, 2010
Gene Maxwell, Mayor
ATTEST:
Terry Obermaier, City Clerk
•
� APPROVED AS TO FORM AND LEGALITY:
City Attorney Signature Date
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•
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CORPORATION
June 14, 2010
Mayor, City Council Member, City Clerk
Hopkins, MN
Dear Mayor and Council Members,
As you are aware, the Minnesota State Legislature has changed that portion of the Liquor
Laws and Rules — 340A.504, Subdivision 4— that addresses the hours when an off-sale
licensee may sell intoxicating liquor. State law now allows for an exclusive liquor store
to operate between the hours of 8:00 am and 10:00 pm Monday through Saturday.
Consequently, a number of municipalities have re-worded their ordinances to reflect what
the state permits. We appreciate the fact the City of Hopkins is considering an ordinance
that comes closer to reflecting the State Statute and while we would prefer to match the
Staxe sta.tute and the hours of our surrounding competitors, we welcome any change that
will help us compete.
Since 1982 FTL has operated and invested in the Hopkins community. Remodeling the
building a couple of years ago was a costly investment but one that is necessary to
• maintain the integrity of the area and our business. We gladly did so yet now find we are
at a competitive disadvantage with like businesses right across the street and in nearby
communities.
MGM Wine & Spirits has a long standing in the community, providing jobs to local
residents; and through property taxes, contributing significant income to the city and
school district. For many years we have safely and reliably stayed open until 10:00 pm on
Friday and Saturday evenings to service customers who are shopping on their timeline,
not ours. We recognize that being in the wine and spirits business is not a license to make
money but an opportunity to do so. This can only occur by providing residents the service
and selection that they demand even if it is not economical at times for us to provide it.
In its simplest form, the state sees no need to differentiate in the hours of operation for
off-sale licensees in or near cities of the first class and since the surrounding communities
have a competitive advantage, we respectfuily support the proposed ordinance and while
we would prefer to match our competition, we request that the City of Hopkins approve
the proposed change as a show of support to the local businesses and residents who wish
to shop at their convenience and locally.
Thank you for your time and consideration.
Sincerely,
� Dan Pertile, General Manager
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