2005-944
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CITY OF HOPKINS
Hennepin County, Minnesota
ORDINANCE 2005-944
AN ORDINANCE AMENDING SECTIONS 1145 AND 1150
OF THE HOPKINS CITY CODE
LICENSING OF TRANSIENT MERCHANTS
AND THE SALE OF FIREWORKS
Whereas the Hopkins City Council has determined that transient
merchant sales may cause disruption to traffic; generate noise
and litter and otherwise impact the health and safety of the
residents of the City of Hopkins, and
Whereas the Minnesota Legislature has imposed limits on the
abilities of local government to regulate the storage and sale of
fireworks in the City;
The City Council of the City of Hopkins does hereby ordain:
Section 1. Hopkins City Code, Section 1145, Subd. 2 is amended
to read as follows:
Subd. 2. Transient Business
a. The site of the transient business shall be located only
in the B3 Business Zoninq District.
b. Traffic Hazards. No transient merchant shall display or
offer for sale any merchandise at locations within one
hundred fifty (150) feet of any intersection. The
business must not cause traffic conqestion on surroundinq
streets.
c. Setbacks. No transient merchant shall display or offer
for sale any merchandise within or upon any public riqht-
of-way or front or side yard setback when the side yard
abuts a street.
~. no p~rt of ~ny tr~noient buoineoo m~y be loc~ted upon ~
public right of '.:~y)
d. the business may not generate noise, light,
odors which reasonably would tend to disturb
occupants of adjacent residential properties;
dust, or
or annoy
e. the transient business licensee shall keep the parcel
free of trash, litter, and debris;
f. any tents, canopies, awnings or similar i terns and all
water, electrical, and lighting facili ties 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.
h. Parkinq. The space used by the transient merchant,
includinq the space used for off-street parkinq, shall
not exceed the space needed for the existinq business at
the site. Adequate off-street parkinq shall be available
to serve both the principal use of the property and the
transient merchant use of the property.
i. Limitation on Number of Davs. A transient merchant
license shall be necessary for each event, and an event
shall be limited to a maximum of four (4) continuous
days.
j. Limitation on Number of Licenses. No person shall be
qranted more than four (4) transient merchant licenses in
one calendar year.
k. Siqnaqe. No siqnaqe shall violate City Code provisions
relatinq to size, location and number of business siqns.
1. State/County License. Transient merchants shall
conspicuously post on the business premises the license
issued under this Division and the license issued under
Minnesota Statutes, Section 329.10.
m. Transfer of License Prohibited. A license issued under
this Division to the applicant shall not be assiqned or
transferred to any person.
Section 2. Hopkins City Code, Section 1150.09 is amended to read
as follows:
1150.09 Conditions of License. The license shall be issued
subject to the following conditions:
a) The license is non-transferable, either to a different
person or location.
b) The licensed premises must be ~ perm~nent building,
located in an area that is zoned as a business district,
TTJhich cont~ino no reoidcnti~l uni to. If the otructurc io
di "y'"idcd by ~ T.:~ll T.:i thout opcningo, to form ocp~r~tc
buildingo, only onc building m~y bc ~ licenocd prcmioc8.
No c)(tcrior otor~gc, diopl~y, o~lco or tr~noicnt o~lco
of fircr.;orJco ~rc pcrmi ttcd.
If the licensed premise is a temporary structure, it
must comply with all of the provisions of Section 1145
as they pertain to transient merchants except for
Section 1145.11.
c) The license must be publicly displayed on the licensed
premises.
d) The premises are subject to inspection by City employees
including police officers during normal business hours.
e) The premises must be in compliance wi th the National
Fire Protection Association Standard 1124 (2003
edition), the State Building Code and State Fire Code.
f) In buildings TT;ithout .:1n .:1ppro7cd .:1utom.:1tio oprinlclcr
oyotcm rct.:1ilconoumcr fircT.;orlco indoor o.:1lco diopl.:1Yo
oh.:111 bc limitcd to fifty (50) lbo. nct pyrotcchnio
oompooition or tT.;O hundrcd (200) lbo. grooo T.;cight, if
thc pyrotcohnio oompooi tion r.,;cight io not lcnoT.;n. Thc
tot.:11 qU.:1ntity of oonoumcr fircT.Jorlco otorcd on .:1ny
propcrty T.;i thout .:1n .:1ppro"'v"cd .:1utoffi.:1tio oprinlclcr oyotcm
oh.:111 not CHoccd 500 poundo.
Buildingo protcotcd throughout by .:1n .:1ppro7cd .:1utom.:1tio
oprinlclcr oyotcm oh.:111 bc limi tcd to onc hundrcd (100)
lbo. nct or four hundrcd (400) lbo. grooo T.;cight if thc
pyrotcohnio oompooi tion \;cight io not lcnoT.;n. Thc tot.:11
qU.:1nti ty of oonoumcr fircT.;orlco otorcd on .:1ny propcrty
protcctcd throughout by .:1n .:1ppro"'v"cd .:1utom.:1tio oprinlclcr
oyotcm oh.:111 not cJroccd 1, 000 poundo.
g) Consumer fireworks shall not be sold to persons under
the age of 18.
h) Smoking shall not be permitted in any building or tenant
space where fireworks are stored for commercial purposes
or sold. Areas where fireworks are stored for commercial
purposes or sold shall be provided with approved "no
smoking" signs in red letters not less than two (2)
inches in height on white background. All signs shall
be maintained in legible condition.
i) Each permi t holder shall have not
extinguishers of not less than a
approved locations.
less than two fire
2a,10b,c rating in
j) There shall be at least two (2) code compliant exits
from all buildings from which fireworks are stored for
commercial purposes or sold.
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k) A list of all consumer fireworks displayed and stored on
the property shall be available at all times. The list
shall document the name, weight, and quantity of the
fireworks and be accompanied by the material safety data
sheets.
1150.11 License Period and License Fee. Licenses shall be
issued for one year. The licenoe fee io eot~bliohed in
Ch~pter X of the Hoplcino Ci ty Code. The License fee for a
business that sells only fireworks shall be $350.00. The fee
for existing retailers who also sell fireworks shall be
$100.00. License fees shall not be prorated.
Section 3. The effective date of this ordinance shall be the date
of publication.
First Reading:
March 1, 2005
Second Reading:
March 15, 2005
Date of Publication:
March 24, 2005
Date Ordinance Takes Effect:
March 24, 2005
~/~,,~
Gene Maxwell, Mayor
APPROVED AS TO FORM AND LEGALITY:
~A-
3!te-/O S
Date
Signature