ORD 15-03OrdQnainca 0 5 ° 03
to be removed
Underlines to be added
An Ordinance Amending Chapter 30 of the City of Elk Rider, Minnesota, City Code
of Ordinances to Permit Brewing and Wine Manufacturing Uses
The City Council of the City of Elk River does hereby ordain as follows:
SECTION 1, That § 30 -01, of the City of Elk River Code of Ordinances shall be amended to add
the following definitions:
Brewer 7 mom means a state licensed brewer under Minnesota Statutes 340A.301 Subdivision 6(c),
(i), or (1) permitting the on -sale consumption of malt liquor produced by the brewer for
consumption on the premises of a brewery or an abutting property in common ownership of the
brewer, which mall include the sales of malt liquor produced and packaged at the brewer; for off
premises consumption as allowed by Minnesota Statutes,
Brewbub means a state licensed brewer under Minnesota Statutes 340A.301, Subdivision 6(d) with a
restaurant use operated on the same premises as the brewery. To sell their own maltWuor, a
brewpub is required to obtain an intoxicating on -sale liquor license and may obtain an on -sale
Sunday liquor license if they want to be open on Sundays.
Growler means a container used in the package and sale of malt liquor, sixty -four (64) ounces in size
(or one -half gallon)
Alicrobreweg — A microbrewen, is a facilin- licensed under Minn. Statute Section 340A.301,
Subdivision (
6(c), i)�or (j) and ma3- brew no naore than 20,000 barrels of its own brands of malt
liquor annually.. The on -site sale of malt liquor is limited to off -sale only. Off sale malt liquor shall
be sold in 64 -ounce growler or in 750 milliliter bottles, and is limited to 500 barrels annuall%
Microbreweries are not permitted to sell more than 10% of their product on -site.
Farm Vinea — A Farm Winery means an agricultural processing facility- used for the fermenting and
processing of grape and other fruit juices into wine or the re- fermenting of wine into sparkling wine.
When on -site sales are included the facility shall be licensed and follow all provisions of Minn.
Statute Section 340A.315.
SECTION 2. That § 30 -991 (b) and (d), of the City of Elk River Code of Ordinances shall be
amended to add the following permitted and conditional uses:
(b) Permitted arses. Permitted uses in the R -1 district are as follows:
(14) Farm Wineries in the R -la zoning district provided the use does not include on -site
sales of any !Me.
(d) Conditional uses Conditional uses in the R -1 district are as follows:
L2 1) Farm Wineries in the R -1a zoning district when on -site sales are included.
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SECTION 3. That § 30 -1022 (b) and (d), of the City of Elk River Code of Ordinances shall be
amended to add the following permitted and conditional uses:
(b) Permitted uses. Permitted uses in the C -1 district are as follows:
(12) Brewer Taprooms producing less than 10,000 barrels of malt liquor annually
(13) Brgx
jTubs
(d) Conditional Uses. Conditional uses in the C -1 district are as follows:
(18) Brewer Taprooms producing 10,000 or more barrels of malt liquor annually
SECTION 4. That § 30 -1024 (b) and (d), of the City of Elk River Code of Ordinances shall be
amended to add the following permitted and accessory uses:
(b) Permitted uses. Permitted uses in the C -3 district are as follows:
(12) Brewer Taprooms uroducinLy less than 10,000 barrels of malt liquor annually
(13) BrewTubs
(d) Conditional Uses. Conditional uses in the C -3 district are as follows:
(2 6) Brewer Taprooms producing 10,000 or more barrels of malt liquor annually
SECTION 5. That § 30 -1026 (b) and (d), of the City of Elk River Code of Ordinances shall be
amended to add the following permitted and conditional uses:
(b) Permitted uses. Permitted uses in the DD district are as follows:
(11) Brewer Taprooms producing less than 10,000 barrels of malt liquor annually
(12) Brewlubs
(d) Conditional Uses. The following uses shall be conditional uses in the downtown district,
subject to the design standards set forth in subsections (e) and (f) and the procedures and
standards for the approval of conditional use permits set forth in sections 30 -651 through
30 -659 of this chapter:
(17) Brewer Taprooms producing 10,000 or more barrels of malt liquor annually
SECTION 6. That § 30 -1292 (d), of the City of Elk River Code of Ordinances shall be amended to
add the following conditional uses:
(d) Conditional Uses. Conditional uses in the 1 -1 district are as follows:
(13) Microbreweries
(14) Brewer Taprooms.
SECTION 7. That § 30 -1293 (b) and (d), of the City of Elk River Code of Ordinances shall be
amended to add the following permitted and conditional uses:
(b) Permitted uses. Permitted uses in the 1 -2 district are as follows:
(11) Microbreweries
(d) Conditional Uses. Conditional uses in the 1 -2 district are as follows:
(14) Brewer Taprooms
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SECTION 8. That § 30 -1294 (d), of the City of Elk River Code of Ordinances shall be amended to
add the following conditional uses:
(d) Conditional Uses. Conditional uses in the BP district are as follows:
(12) Microbreweries
(13) Brewer Taprooms
SECTION 9. That this ordinance shall take effect upon adoption and be published as provided by
law.
Passed and adopted by the City Council of the City of Elk River this W200thdaof January, 2015.
J J/Eie-44ayor
ATTEST: ;
Tina Allard, City Clerk
II�EII1 /T
INATUREI
AFFIDAVIT OF PUBLICATION CITY OF ELK RIVER of Ordinances shall be amended to SECTION 9.That this ordinance
ORDINANCE 15-03 add the following permitted and shall take effect upon adoption and
STATE OF MI j ss AN ORDINANCE AMENDING conditional uses: be published as provided by law.
COUNTY OF N E SOTA CHAPTER 30 OF THE (b) Permitted uses. Permitted Passed and adopted by the City
CITY OF ELK RIVER, uses in the C-1 district are as fol- Council of the City of Elk River this
MINNESOTA,CITY CODE OF lows: 20th day of January,2015.
Charlene Vold being duly sworn on an oath, ORDINANCES TO PERMIT (12) Brewer Taprooms groduc- John J.Dietz,Mayor
states or affirms that they are the Authorized BREWING AND WINE ing less than 10,000 barrels of malt ATTEST:
Agent of the newspaper(s)known as: MANUFACTURING USES liquor annually Tina Allard,City Clerk
The City Council of the City of 13 Brewpubs Published in the
Elk River does hereby ordain as (d) Conditional Uses. Condi- Star News
Star News follows: tional uses in the 0-1 district are as January 24,2015
SECTION 1.That§30-01,of the follows: 340388
City of Elk River Code of Ordinanc- (18) Brewer Taprooms produc-
and has full knowledge of the facts stated es shall be amended to add the fol- ing 10.000 or more barrels of malt
below: lowing definitions: liquor annually
(A)The newspaper has complied with all of Brewer Taproom means a state SECTION 4.That§30-1024(b)
licensed brewer under Minnesota and(d),of the City of Elk River Code
the requirements constituting qualifica- Statutes 340A.301 Subdivision of Ordinances shall be amended to
lion as a qualified newspaper as provided 6(c) (i) or(j)permitting the on-sale add the following permitted and ac-
by Minn. Stat. §331A.02, §331A.07, and consumption of mall liquor pro- cessory uses:
other applicable laws as amended. duced by the brewer for consump- (b) Permitted uses. Permitted
tion on the premises of a brewery uses in the C-3 district are as fol-
(B)This Public Notice was printed and pub- or an abutting property in common lows:
lished in said newspaper(s) for 1 succes- ownership of the brewer. which (12) Brewer Taprooms produc-
sive issues; the first insertion being on may include the sales of It Ii- ing less than 10.000 barrels of malt
0]/24/2015 and the last insertion being n quor produced and packaged at liquorannually
g the brewery for premises con-
(1311316rewpubs
01/24/2015. sumption as allowed by Minnesota (d) Conditional Uses. Condi-
Statutes, tional uses in the C-3 district are as
Brewpub means a state licensed follows:
brewer under Minnesota Statutes (26) Brewer Taprooms produc-
340A.301. Subdivision 6(d) with ing 10.000 or more barrels of malt
a restaurant use operated on the liquor annually
By: same premises as the brewery,To SECTION 5.That§30-1026(b)
Authortzed Agent sell their own malt liquor, a brew- and(d),of the City of Elk River Code
pub is required to obtain an intoxi- of Ordinances shall be amended to
eating on-sale liquor license and add the following permitted and
Subscribed and sworn to or affirmed before may obtain an on-sale Sunday li- conditional uses:
me on 01/24/2015. quor license if they want to be open (b) Permitted uses. Permitted
on Sundays, uses in the DD district are as fol-
Growler means a container used lows:
�1 in the package and sale of malt Ii- (11) Brewer Taprooms produc-
A quor.sixty-four(6 ounces in size ing less than 10,000 barrels of malt
for one-half gallon) liquor annually
Notary Public Microbrewery—A microbrewery (12)Brewpubs
is a facility licensed under Minn. (d) Conditional Uses. The fol-
Statute Section 340A.301.Subdivi- lowing uses shall be conditional
sion e(e).(i).or fl)and may brew no uses in the downtown district,
more than 20.000 barrels of its own subject to the design standards
brands of malt liquor annually..The set forth in subsections(e)and (f)
on-site sale of matt liquor is limited and the procedures and standards
to off-sale only.Off-sale malt liquor for the approval of conditional use
shall be sold in 64-ounce growler permits set forth in sections 30-651
or in 750 milliliter bottles. and is through 30-659 of this chapter:
,�,,vv�n vva+nrv.rvuN�/ limited to 500 barrels annually.Mi- (1Z) Brewer Taprooms produc-
� crobreweries are not permitted to ing 10.000 or more barrels of malt
X1 1 sell more than 10%of their product liquor annually
1i1OWY on-site. SECTION 6.That§30-1292(d),
CwtL °�51'2019 Farm Winery—A Farm Winery of the City of Elk River Code of Or-
MV
"� means an agricultural processing dinances shall be amended to add
HV�+' facility used for the fermenting and the following conditional uses:
processing of grape and other fruit (d) Conditional Uses. Condi-
iuices into wine or the re-ferment- tional uses in the 1-1 district are as
ing of wine into arklin wine. follows:
When on-site sales are included the (13}Microbreweries
facility shall be licensed and follow (14}Brewer Taprooms
all provisions of Minn.Statute Sec- SECTION 7.That§30-1293(b)
tion 340A.315. and(d),of the City of Elk River Code
SECTION 2. That § 30-991 (b) of Ordinances shall be amended to
and(d),of the City of Elk River Code add the following permitted and
of Ordinances shall be amended to conditional uses:
add the following permitted and (b) Permitted uses. Permitted
conditional uses: uses in the 1-2 district are as fol-
(b) Permitted uses. Permitted lows:
uses in the R-1 district are as fol- (111 Microbreweries
lows: (d) Conditional Uses. Condi-
(14) Farm Wineries in the R-1a tional uses in the 1-2 district are as
Rate Information: zoning district provided the use follows:
(1)Lowest classified rate paid by commercial users does not include on-site sales of (14)Brewer Taprooms
for comparable space: any type. SECTION 8.That§30-1294(d),
$23.00 per column inch (d)Conditional uses.Conditional of the City of Elk River Code of Or-
uses in the R-1 district are as fol- dinances shall be amended to add
lows: the following conditional uses:
(21) Farm Wineries in the R-1a (d) Conditional Uses. Condi-
zoning district when on-site sales tional uses in the BP district are as
are included. follows:
Ad 1 D 340388 SECTION 3.That§30-1022 (b) (121 Microbreweries
and(d),of the City of Elk River Code (1 a)Brewer Taprooms