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2003-899 CITY OF HOPKINS Hennepin County, Minnesota ORDINANCE NO.2003-899 ORDINANCE AMENDING VARIOUS SECTIONS OF THE CITY CODE THE COUNCIL OF THE CITY OF HOPKINS DOES HEREBY ORDAIN AS FOLLOWS: Section 1. The Hopkins City Code, amended as follows: Section 350.02 shall be 350.02 Ci ty employees responsible for performing the duties required by the following positions may issue citations in lieu of arrest or continued detention for violations of the Hopkins City Code: a) Peace Officer and Part time peace officer b) Reserve Officer c) Community Service Officer d) Building Inspector e) Weed Inspector f) Zoning Administrator g) sanitation Officer h) Fire Chief i) Fire Inspector j) Fire Marshal k) Parking Enforcement Officer 1) Housing Inspector m) Mechanical Inspector n) l\b,::mdonmcnt/ Jun]c C::lr Inopcctor n) Police Services Liaison Section 2. The Hopkins City Code, Section 600.57, Subd. 2, shall be amended to read as follows: Subd. 2. Fee exemptions, license. required. Food establishments in governmental subdivisions, houses of worship, child-care homes with ten or less childrenl Dchoolo, and charitable and nonprofit hospitals must obtain a license I but shall not be charged a fee therefore and are subj ect to all other requirements of this section. Temporary- special event food establishments I ,;hODC procccdo ::lrc dcdic::ltcd for ch::lrit::lblc purpooco or which are operated by licensed food establishments I must obtain a license I but shall not be charged a fee therefore and are subject to all other requirements of this section. Section 3. follows: The Hopkins City Code, section 600.59, shall be amended as 600.59. LICENSE EXPIRATION. Licenses issued pursuant to this ordinance shall expire on Dcccmber 31 June 30 each year. License applications shall be filed with the Community Service Department by July 1 of each year 60 days prior to the expiration date. The fees are not pro-rated. section 4. The Hopkins City Code, Section 610.07 Shall be amended as follows: 610.07. License expiration and to this section shall expire on the ~ year. License renewal applications shall prior to January July 1 of each year. renewal. Licenses issued pursuant 30th day of December June of each be filed with the clerk ~days Section 5. The Hopkins City Code, Section 1005.17 and 1005.29 shall be amended as follows: 1005.17. Transfer of license. Unlcoo othendoe pro'Jided in thio code, No license shall be transferable to another person, business, corporation, or location. \:ithout the .:luthorization of the council. 1005.29. Tranofer of licenoeo. l'..ny licenoe duly iooued upon ',,'hich .:l licenoe fee of $10.00 or more haD been paid may be tranoferred or aooigned, ohould the licenoee deoire to change hiD place of buoineoo to a ne,: location. The city manager may at hiD direction .:lnd under ouch regulationo aD he may preocribe and on ourrcnder of the origin.:ll licenoe .:lccomp.:lnied by .:l tranofcr fee eotabliohed from time to time by reoolution of the city councilf iooue a nO'.. licanoe for the ne.: lOC.:ltion pro~Jidcd that the pro~,'iDiono of thio code anq other .:lpplic.:lble ordin.:lnceo of thc city .:luthorizing the gr.:lnting of ouch licenoe arc oomplied ',lith, including Dep.:lr.:lte in~,reDtig.:ltion feeD and expenDeD ',:hene'v'er required. Section 6. The Hopkins City Code, Section 1100.03, Subd. 3. shall be deleted. 1100.03 Oubd. 3. No liquor. No peroon ohall .:It any time bring to f or Dell, diopenoe, ghre .:l',,'ay, UDe or drink .:lny intoxicating liquor in any public dance hall, or pl.:lce for holding publio danceD in the city. Section 7. The Hopkins City Code, Section 1100.03, Subd. 4. shall be amended as follows: 1100.03 Subd. 4. Hours. No public dance may be conducted on Sunday, or between the hours of 12:01 A.M. and 6:00 A.M. on other days. rl.:lceo in ',:hich public d.:lnoea .:lre conducted in the city ahall be ClOD cd during the houro public danoeo .:lre prohibited therein. section 8. The Hopkins City Code, Section 1115.05 shall be amended as follows: 1115.05 business of City License Required. No person shall engage in the a) New motor vehicle dealerf b) Used motor vehicle dealer, c) Motor vehiclee brokerf d) Motor vehicle wholesalerf or e) Motor vehicle auctioneerf as those terms are defined by state law, without a current otate license therefore from the City of Hopkins. Every person holding such a license shall file a copy of the current State certificate of license with the clerk, who shall maintain a register of such state licenses. Failure of a licensee to supply the clerk with a copy of the current state license is a violation of this code. Section 9. The Hopkins City Code, Section 1140.03, Subd. shall be amended as follows: 1140.03 Subd. 4. Issuance: term. Upon approval of the application by the council, the clerk shall issue a license to the applicant the license expires on the December 31 June 30 next following. Section 10. The Hopkins City Code, Section 1145.17 shall be amended as follows: 1145.17. Registration Period. Registration shall be valid only for the calendar year. All registrations shall expire on December 31 June 30 after their issue. The registration fee shall remain the same throughout the year. Section 11. follows: The Hopkins City Code, Section 1150.11 Shall be amended as 1150.11 License Period and License Fee. Licenses shall be issued for a c~lend~r ye~r one year. The license fee is established in Chapter X of the Hopkins City Code. License fees shall not be prorated. Section 12. The Hopkins City Code, Section 1155.03 is renumbered as Section 1155.04 and the following new Sections 1155.02 and 1155.03 are added and Section 1155.05 Subd. 4 and 6 are amended to read as follows: 1155.02. State laws adopted by reference. Minnesota Statutes, section 461, is adopted by reference and made a part of this code as if fully set forth herein. A violation of the provisions of the statutes adopted by reference herein is a violation of this code. 117"5 J..J.:J..5 . 03. Federal laws adopted by reference. Code of Federal Regulations, Part 897 Cigarettes and Smokeless Tobacco, is adopted by reference and made a part of this code as if fully set forth herein. A violation of the provisions of the Regulations adopted by reference herein is a violation of this code. 1155.05, Subd. 4. Term. All licenses issued under this ordinance shall expire on December 31 June 30 of each calendar year. 1155.05, Subd, 6. Transfers. All licenses issued under this ordinance shall be valid only on the premises for which the license was issued and only for the person to whom the license was issued. No transfer of any license to another location or person shall be valid. ~:ithout the prior ~ppro~~l of the council. Section 13. The Hopkins City Code, Section 1165.09, shall be amended as follows: 1165.09. Location. Adult Oriented Businesses may only be located in districts authorized in the City's Zoning Ordinance. No Adult Oriented Businesses shall located less than 300 (three hundred) feet from any residential zoning district boundary or from the property line of a site used for residential purposes, or less than 350 feet from any off -sale liquor business, or less than 1,000 (one thousand )feet from the property line of any church site, any school site, any day care facility, or any park. In addition, no Adult Oriented Business may be located within 1,000 (one thousand) feet of another Adult Oriented Business. For purposes of this ordinance, this distance shall be a horizontal measurement from the nearest existing residential district boundary or the property line of any site used for residential purposes, church site, school site, day care site, youth facility, park site, or another Adult Oriented Business site to the nearest property line of the proposed Adult Oriented Business site. Section 14. The Hopkins City Code, Section 1180.02 shall be added to read as follows: 1180.02 Location. located less than 1000 feet 1165 of this City Code, nor less than 350 feet from any No license will be issued to a location that is from any adult business as regulated by section shall any license be issued to a location that is off-sale liquor business. Section 15. The Hopkins City Code, Section 1185.05, Subd. 2. shall be amended as follows: Subd. 2. The license will be effective for one year and run from J~nu~r}' 1 July 1 through December 31 June 30 of the license year. Section 16. The Hopkins City Code, Section 1200.40, Subd. 2. shall be amended as follows: Subd. 2. New Licenses required under this section will require the full investigation fee to be paid by the applicant. The license fee will be pro-rated according to oubd. 13 Section 1200.25. Section 17. The Hopkins City Code, Section 1200.46, Subd. 2. shall be amended as follows: Subd.2. 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 ooction 1, oubd. ~ Subd. 3. section 18. The Hopkins City Code, Section 1200.48 Shall be amended as follows: 1200.48. Evacuation of Licensed Premises. Subdivision 1. 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 4t oubd. 26 1200.46, Subd. 2. 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 as defined in MN Statute 340A.I0l, or to any premises holding a Club License. Subd. 2. No restaurant or Club that is exempt from section 1200.48 shall serve alcohol, or permit the consumption of alcohol on the premises after 1:00 a.m. Restaurants and Clubs that remain open after 1:00 shall remain open only for the sale of food. Section 19. The Hopkins City Code, Section 1005.05 shall be amended as follows: Subd. 2. Double fees. A double fee may be charged any business which fails to secure a license in a timely manner. This provision shall apply to any business which fails to renew a license by the end of J~nu~ry June. It will also apply in the case of a business seeking a new or temporary license where the business opens or the activity begins prior to applying for a license. (Amended Ord. #96-782) Section 20. The Hopkins City Code, Section 1100.03, Subd. 5. shall be deleted. 8ubd. 5. St:ltc In:.l ~doptcd. Exccpt ~o othcr.:ioe pro,.rided in thio oubocction thc pro,.rioiono of Ninncoot~ St:ttuteo, Scctiono 621.12 to 621.52, hcrcby :tdoptcd by rcfercncc, :tpply to public d:tncco. section 21. follows: The Hopkins City Code, Section 321.01 shall be amended as 325.01. Subdivision 1. Zoning and planning commission established. The zoning and planning commission is created and continued. The commission shall consist of seven persons who have been a resident of the city for one year or more on the date of appointment and one Staff Liaison to be appointed by the City Manager. thc rl~nning :tnd Economic De~:elopment Director, :tnd City Council membero, :l.D ex officio membero. Each member cJCcept the I'l:tnning :tnd Economic Development Director :l.nd City Council member shall have the right to vote on all matters before the commission. Citizen member terms of office shall be for two years. Three citizen members of the commission shall be appointed on July 1st of each odd numbered year and four shall be appointed on July 1st of each even numbered year. Citizen members appointed to complete a current term of office shall be considered to have served a term of office if the appointment is to an office which is less than half completed. If the appointment is to an office which is more than half completed the appointment the appointment will not be considered a term of office. Citizen members shall serve no more than two consecutive terms of office. The Council member shall serve for a term of one year and may be eligible for a consecutive one year reappointment. (Amended Ord. No. 87-581, Sec. 1) Section 22. as follows: The Hopkins City Code, Section 355.09, Subd. 3. shall be amended Subd. 3. The hearing shall be scheduled to occur within ~ 45 days of receiving a request for a hearing. Notice of the hearing must be served on the person responsible for the violation.at least 14 days in advance, unless a shorter time is accepted by all parties. Service of the Notice will be by first class mail and will be complete upon mailing. At the hearing, the parties will have the opportunity to present testimony and question any witnesses, but strict rules of evidence will not apply. The hearing officer must tape record the hearing and receive testimony and exhibits. The officer must receive and give weight to evidence, including hearsay evidence, that possesses probative value commonly accepted by reasonable and prudent people in the conduct of their affairs. Section 23. deleted. The Hopkins City Code, Section 1100.01, Subd. 3. shall be Cubd. :2. ceRei tieRs. The.:ltreD, oper.:l fletl.SCS, or other buildingo chall h.:l~y~e .:It le.:lot ene c:dt to the ground in .:IdditioR to the main entr.:1nce for UDe in C.:lce of fiFC, ~;hieh shall be .:1cceocible at all timeD, and if .:1boyc the ground ch.:lll h.:1vC one fire proof ot.:1ir~;.:lY or fire escape for ingreoo .:1nd e~reo::;, Section 24. follows: t) The fee schedule as set forth in the 1997 edition of the Uniform Building Code. Section 400.03, Subd, 2. shall be amended by adding item t) as Section 25. Section 500.75 shall be amended as follows: Cubd. '7. The l.J.nd dedication and/or the c.J.oh contribution iFl lieu ::f laRa dedieatioR cHall Be Basea OR the follo'"ing. Caleulatea as foll(l'.JS. (.'.) Residential, Cinglc Family D\:elling.,....... .......... .500.00 per unit T'.,o Family D',JelliR". . . . , . . . . . . . . . . . . , . . ,. .S99. 99 13er unit 7'.::partmento .:md To..:nhouoeo................ $200.00 per unit (D) Commerci.J.l, induotrial ana other oubdiviDionD1 Estimated fair market yalue of the property required to Be dedicated to the City iR Cubdi~,ticion 21 detcrmiFlcEl BY the City :UJoeooor :10 of the elate of the .:1pproY.:1l of the final plat, repl.:1t, subdivisioFl or ~;aivcr of the pl.:1ting. The cotim.:lted f.:1ir marl:ct value shall include ~'{.J.lue aeacel to the property by utilitiec 1 ctrceto, and other public improvemcnts oer~,ring the l.:md but oh.:111 elOclude ',alue addea B', otHer improyementc' to the laRa, (.',mcnaca B', Ora 2000 ~ Park Dedication contributions will be establihsed in Chapter 10 of the Hopkins City Code and set from time to time by resolution of the Cit~ Council. Section 26. The effective date of this ordinance shall be the date of publication. First Reading Second Reading Date of publication Effective Date March 18, 2003 April 8, 2003 April 17, 2003 April 17, 2003 ~/~~~~ Gene Maxwell, Mayor APPROVED AS TO FORM AND LEGALITY: City Attorney Signature Date