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ORD 12-01• ORDINANCE 12- 01 CITY OF ELK RIVER AN ORDINANCE OF THE CITY OF ELK RIVER AMENDING VARIOUS SECTIONS OF CHAPTER 6 REGULATING ALCOHOLIC BEVERAGES OF THE ELK RIPER, MINNESOTA, CITY CODE The City Council of the City of Elk River does hereby ordain as follows: Section 1. Section 6-1 titled, Definitions, of the City of Elk River Code of Ordinances shall be amended to add the following definitions: Section 6-1 Definitions Breaver means a person who manufactures malt liquor for sale. Farm avinery means a winery operated by the owner of a Minnesota farm and producing table, sparkling, or fortified wines from grapes grape juice, other fruit bases, or honey with a majority of the ingredients grown or produced in Minnesota. Section 2. Section 6-52 (5) titled, Temporary on-licenses, of the City of Elk River Code of • Ordinances shall be amended as follows: Section 6-52 (5) Types of licenses (5) Temporary ~e licenses. a. Gene: TeT~oraw on-sale licenses: The city may issue to a club or charitable, religious, or nonprofit organization in existence for at least three years a temporary license for the on-sale of intoxicating liquor in connection with a social event within the city sponsored by the licensee. The license may authorize the sale of intoxicating liquor for not more than four consecutive days and may allow on-sales on premises other than premises the licensee owns or permanently occupies. The license may provide that the licensee may contract for intoxicating liquor catering services with the holder of a full-year on-sale intoxicating liquor license issued by any municipality. Temporary on-sale intoxicating liquor licenses require the approval of the commissioner of public safety. Licenses are subject to terms and license fees normally imposed by the city. jib Farm zviner~licenses: The city may issue to a farm winery licensed under M.S. Section 340A.315 a temporary license for the on-sale at a county fair located within the municipality of intoxicating liquor produced by the farm winer~The licenses are subject to all laws and ordinances governing the sale of intoxicating liquor not inconsistent with this section. Licenses under this subdivision are not valid unless first approz ved by the commissioner of public safety f~ Dine Festival.• The city may issue a temporary license to a bona fide association of owners • and operators of wineries sponsoring an annual festival to showcase wines produced by members Page 1 of 3 of the association. The license issued under this subdivision authorizes the sale of table, snaYkling, • or fortified wines produced by the wineries at on sale by the glassLprovided that no more than two glasses per customer may be sold, and the dispensinc of free samples of the wines offered fox sale within designated premises of the festival A license is subject to all laws and ordinances governing the sale, possession, and consumption of table sparkling, ox fortified wines For purposes of this subdivision, a "bona fide association of owners and operators" means an association of more than ten wineries that has been in existence for more than two years at the time of application for the temporary license $ License restrictions. ~a. The city may not issue more than three four-day, four three-day, six two-day, or 12 one-day temporary licenses in any combination not to exceed 12 days per year for the sale of alcoholic beverages to any one organization or for any one location, within a 12-month period. fib. The city may not issue more than one temporary license for the sale of alcoholic beverages to any one organization or for one location within any 30-day period unless the licenses are issued in connection with an event officially designated a community festival by the city. 6 Insurance. The council may, but at no time shall it be under any obligation whatsoever to, grant a temporary on-sale intoxicating liquor license or temporary on-sale 3.2 percent malt liquor license for premises owned or controlled by the city. Any such license may be conditioned, qualified or restricted as the council sees fit. If the premises to be licensed are owned or under the control of the city, the applicant shall file with the city, prior to issuance of the license, a certificate of liability insurance coverage in at least the sum of 500 000 ~-99~A8A:8A for injury to any one person, 500 000 ~~~9;A99:98 for injury to more than one person, and 500 000 ~-,89819 for property damage, naming the city as an insured during the license period. Section 2. of Ordinances shall be added as follows: (~ Breaver Ta~roo~n License A brewer taproom license authorizes on-sale of malt liquor produced by a state licensed brewer for consumption on the premises of or adjacent to one brewery location owned by the brewer EligibilitT-v. 1. A brewer may only have one taproom license and may not have an ownership interest in another brewery. 2. A brewer taproom license may not be issued to a brewer if the brewer seeking the license or any person having an economic interest in the brewery seeking_the license is a brewer that brews more than 250 000 barrels of malt liquor annually or a winery that produces more than 250.000 gallons of wine annually, Sec. 6-58. -Liability insurance. (a) Kequired. No beer, wine, or intoxicating liquor license shall be issued, maintained, or renewed unless Section 6-52 (9) & titled, Brewer Taproom Licenses, of the City of Elk River Code • • Page 2 of 3 • and until the applicant has provided the proof of financial responsibility with regard to liability imposed by Minn. Stats. ~ 340A.801. The issuing authority must submit to the commissioner the applicant's proof of financial responsibility. The requirement for proof of financial responsibility shall be fulfilled by filing the following: (1) A certificate that there is in effect an insurance policy or pool providing minimum coverages of a. Bodilyjury -each person limit 500 000 Bodily injury -each occurrence limit 500 000 Property Damage -each occurrence limit 500 000 Loss of means of support - each ,person limit 500 000 Loss of means of support -each occurrenc3 limit 500 000 Annual aggregate limit 1 Million a . • (2) A bond of a surety company with minimum coverages as provided in subsection (a)(1) of this section; or (3) A certificate of the state treasurer that the licensee has deposited with him $~-A9;A88:-89 1 million in cash or securities which may legally be purchased by savings banks or for trust funds having a market value of $~AA;99~88 $1 million. Section 3. That this ordinance shall take effect upon publication as provided by law. Passed and adopted by the City Council of the City of Elk River this 17`h day of January, 2012. , J n J. ietz, Ma r ATTEST: 1- • Tina Allard, City Clerk Page 3 of 3 AFFIDAVIT OF PUBLICATION ORDINANCE 12-01 CITY OF ELK RIVER AN ORDINANCE OF THE STATE OF MINNESOTA CITY OF ELK RIVER SS AMENDING VARIOUS- COUNTY OF SHERBURNE SECTIONS OF CHAPTER 6 REGULATING ALCOHOLIC BEVERAGES OF THE ELK RIVER, MINNESOTA, CITY CODE Heidi Quanrud, being duly sworn on oath says that she is the office manager of the The City Council of the City of Newspaper known as the Star News, knowledge River does hereby ordain as and has full knowled e of the facts which are stated follows: below: Section 1.Section 6-1 titled, Definitions,of the City of Elk (A)The Newspaper has complied with all oftherequirementsconstitutingqualifications River•Code of Ordinances shall as a qualified newspaper p y be amended to add the follow- q , as rovided by Minnesota Statue 331A.02, 331A.07 and other ing definitions: applicable laws,as ammended. Section 6-1 Definitions Brewer means a person who (B) The printed legal notice, which is attached was cut from the columns of said manufactures malt liquor for newspaper and was printed and published once a week for one week;it was first published Farm winery means a winery on Saturday,the 21st day ofJanuary,2012,and was therefore printed and published on every operated by the owner of a Saturday to and including Saturday,the 21st day of January,2012,and printed below is a Minnesota farm and producing Co of the lower case alphabet table, sparkling, or fortified copy p abet from A to Z,both inclusive,which is hereby acknowledged wines from grapes,grape juice, as being the size and kind of type used in the composition and publication of the notice other fruit bases,or honey with a majority of the ingredients grown or produced in Minne- sota. Section 2.Section 6-52 (5) abcdefghijklmnopgrstuvwxyz titled,Temporary on-licenses, of the City of Elk River Code of Ordinances shall be amended as follows: 1670‘.., Seion 6.52 (6) Types of licenses ---'"� (5)Temporary licenses. a.Temporary on-sale licenses: The city may issue to a club or charitable,religious,or non- profit organization in existence Office Manager for at least three years a tem- porary license for the on-sale of Subscribed and sworn to before me on intoxicating liquor in connec- tion with a social event within this 21st day of January,2012 the city sponsored by the lic- .ensee.The license may autho- — — rize the sale of intoxicating I £, SHELLY RAE WESTOVER liquor for not more than four NOTARY PUBLIC consecutive days and may allow X MINNESOTA on-sales on premises other than 'My Commission Expires Jan.31,2015 premises the licensee owns or permanently occupies. The license may provide that the 41 licensee may contil e:t;tor w intoxicating licp*ssitiaring Notary Public services with the beldel,.of full-year on-sale intoznei r liquor license issued by any municipality. Temporary RATE INFORMATION on-sale intoxicating liquor licenses require the approval of the commissioner of public (1) Lowest classified rate paid by commercial $ 21.00 safety.Licenses are subject to terms and license fees nor- users for comparable space wally imposed by the city. (line,word or inch rate) (2) Maximum rate allowed by law for the $ 15.50 above matter • (line,word or inch rate) (3)Rate actually charged for the above $ 15.00 matter (line,word or inch rate) 2,885,045 (n)r arm winery licenses: me city may issue to a farm win- ,t ery licensed under M.S.Sec- Section 2.Section 6-52(9)or tion 340A.315 a temporary titled, Brewer Taproom license for the on-sale at a Licenses, of the City of Elk county fair located within the River Code of Ordinances shall municipality of intoxicating be added as follows: liquor produced by the farm (9)Brewer Taproom License winery.The licenses are sub- A brewer taproom license • ject to all laws and ordinances authorizes on-sale of malt governing the sale of intoxi- liquor produced by a state eating liquor not inconsistent l i c e n s e d brewer for with this section. Licenses consumption on the premises of under this subdivision are not or adjacent to one brewery loca- valid unless first approved by tion owned by the brewer. the commissioner of public Eligibility. safety. 1.A brewer may only have one (c)Wine Festival: The city taproom license and may not may issue a temporary license have an ownership interest in to a bona fide association of another brewery. owners and operators of win- 2.A brewer taproom license eries sponsoring an annual fes- may not be issued to a brewer if tival to showcase wines pro- the brewer seeking the license duced by members of the or any person having an association.The license issued conomic interest in the under this subdivision autho- orewery seeking the license is a rizes the sale of table,spar- brewer that brews more than kling, or fortified wines pro- 250,000 barrels of malt liquor duced by the wineries at on annually or a winery that sale by the glass,provided that produces more than 250,000 no more than two glasses per gallons of wine annually. customer may be sold,and the Sec. 6-58. - Liability dispensing of free samples of insurance. the wines offered for sale (a)Required.No beer,wine,or within designated premises of intoxicating liquor license shall the festival.A license is sub- be issued, maintained, or ject to all laws and ordinances governing the sale,possession, aep®wed unless and u and consumption of table, applicant has prove ss sparkling,or fortified wines. with Ord to liability imposed For purposes of this subdivi- by Minn. Stats 1340A.801. sion,a"bona fide association of The issuing-authority must owners and operators"means submit to the commissioner the an association of more than ten applicant's proof of financial wineries that has been in exist- responsibility.The requirement • enceformorethan twoyearsat for proof of financial the time of application for the responsibility shall be fulfilled temporary license. by filing the following: License restrictions. (1)A certificate that there is. a.The city may not issue more in effect an insurance policy or than three four-day, four three-day,six two-day, or 12 pool o ages of ding minimum coverages of: one-day temporary licenses in a.Bodily injury-each person any combination not to exceed limit$500,000;Bodily injury- 12 days per year for the sale of each occurrence limit$500,000; alcoholic beverages to anyone Property Damage - each organization or for any one occurrence limit$500,000;Loss location,within a 12-month of means of support - each period. person limit$500,000;Loss of b.The city may not issue more means of support - each than one temporary license for occurrence limit $5 0 0,0 0 0; the sale of alcoholic beverages Annual aggregate limit $ 1 to any one organization or for Million. one location within any 30-day (2)A bond of a surety company period unless the licenses are with minimum coverages as issued in connection with an event officially designated a' ths provided section;or in subsection(a)(1)of community festival by the city. this � (3)A certificate of the state Insurance.The council may, treasurer that the licensee has but at no time shall it be under deposited with him 1 million in any obligation whatsoever to, cash or securities which may grant a temporary on-sale legally be purchased by savings intoxicating liquor license or banks or for trust funds having temporary on-sale 3.2 percent a market value of$1 million. malt liquor license for premises Section 3. That this owned or controlled by the city. ordinance shall take effect Any such license may be con- ditioned,qualified or restricted upon publication as provided by law. as the council sees fit. If the Passed and adopted by the premises to be licensed are City Council of the City of Elk owned or under the control of River this 17th day of January, the city,the applicant shall file 2012. w III ith the city,prior to issuance John J.Dietz, of the license, a certificate of Mayor liability insurance coverage in A'l l'1';ST: at least the sum of$500,000 for Tina Allard injury to any one person, City Clerk $500,000 for injury to more (Ja21) than one person,and$500,000 for property damage,naming the city as an insured during the license period.