ORD 15-02Ordinance 15 - 02
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An Ordinance Amending Chapter 6, Regarding Alcoholic Beverages of the City of
Elk River, Minnesota, City Code
The City Council of the City of Elk River does hereby ordain as follows:
SECTION 1. That � Section 6 -1, Definitions, of the City of Elk River Code of Ordinances shall
be amended to add the following:
Bnwpub 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 malt liquor, 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.
Cocktail Room means an area for the on -sale consumption of distilled spirits produced by the state
licensed distillery for consumption on the premises of the distillery or an abutting property in
common ownership of the distiller.
Growler means a container used in the package and sale of malt liquor, sixty -four (64) ounces in size
(or one -half gallon)
Miavdistilleg means a distillery producing premium. distilled spirits in total quantity not to exceed
forty thousand (40 000) proof gallons in a calendar year as regulated by Minnesota Statutes.
Mimbrewea means a facility that is licensed under MN Statute Section 340A.301, Sub 6(c) (i) or
and may brew no more than 20.000 barrels of its own brands of malt liquor annuall l
Tap Room means a state licensed brewer under Minnesota Statutes 340A.301 Q. (i). or (�pertnitting
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 may include the sales
of malt liquor produced and packaged at the brewery for off premises consumption as allowed by
Minnesota Statutes.
SECTION 2. That § 6 -52, Types of Licenses, of the City of Elk River Code of Ordinances shall
be amended to add the following:
(5) Temporary licenses.
a. Temporary on -sale licenses. The city may issue to a club, or charitable, religious, or non-
profit organization, or a state licensed brewer who manufactures fewer than 3.500 barrels of
malt liquor in a year for the on -sale of intoxicating liquor 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
P 0 V I R F I BI
f`rlATURE
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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 approval of the commissioner of public safety. Licenses are subject to
terms and license fees normally imposed by the city.
(9) Brewer taproom 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.
a. Eligibility.
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.
3. Not eligible to hold an on -sale intoxicating liquor license.
4. Section 6 -58 regarding liability insurance shall apply to a license issued under this
subdivision.
5. A holder of a brewer taproom license may also operate a restaurant.
6. May be open and conduct on -sale business on Sundays.
Cocktail room license. May be granted to distillers licensed under MN Statute 340a.301
Subdivision 6c. A cocktail room license authorizes on -sale of distilled liquor fox
consumption on the premises of or adiacent to one distillery location owned bathe
distiller.
a. Eli ibili .
1. A distiller may only have one microdistillery cocktail room license and may not
have an ownership interest in another distillery.
2. Section 6 -58 regarding liabilLty insurance shall apply to a license issued under this
subdivision.
3. No single entity may hold both a microdistillery cocktail room and taproom
license, and a cocktail room and taproom may not be co- located.
4. A holder of a microdistiller cocktail room license may also operate a restaurant.
11 Small Brewer's ol�sale malt license. May be granted to brewers licensed under MN Statute
340A.301 Sub (c) (i). or (il.
a. Ek' ibili .
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1. off -sale shall be limited to 64 oz. containers known as "growlers" of malt liquor
produced and packaged on the licensed premises which have been labeled and
sealed in accordance with statutory specifications:
2. off -sale may not exceed 500 barrels per year;
3. off sale hours shall be limited to the hours of operation of the Municipal
Dispensary [Section 6 -94 41. The off -sale growlers must be removed from the
premises before the applicable closing time of the Municipal Dispensar.
4. A brewer may only have one license under this subdivision
5. The city can't issue a license under this subdivision to a brewer seeking the
license or any person having an economic interest in the brewer seeking the
license or exercising control over the brewer seeking the license is a brewer that
brews more than 20.000 barrels of its own brands of malt liquor annually or a
winery that produces more than 250,000 gallons of wine annuall.
(12) Brev6�ublMiombrrwer Off Sale license. May be granted to brewers licensed under MN
Statute 340a.301 Sub 7(b).
A-- Eligibility.
1. off -sale shall be limited to 64 oz. containers known as "growlers" of malt liquor
produced and ackaged on the licensed premises which have been labeled and
sealed in accordance with statutory specifications;
2. off -sale may not exceed 500 barrels per year
3. total of on sale and off sale by the Brewer's off sale license holder cannot exceed
3.500 barrels per year
4. off sale hours shall be limited to the hours of operation of the Mul id al
Dispensary [Section 6 -94 (Q
SECTION 4. 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 E wer 20 da f January, 2015.
n J. D etz, x
ATTEST:
Tina Allard, City Clerk
NATUR€
AFFIDAVIT OF PUBLICATION CITY OF ELK RIVER municipality. Temporary on-sale the brewer seeking the license or
ORDINANCE 15-02 intoxicating liquor licenses require exercising control over the brewer
STATE OF MINNESOTA )ss AN ORDINANCE AMENDING approval of the commissioner of seeking the fi n i a brewer
COUNTY OF SHERBURNE ) CHAPTER 6,REGARDING public safety. Licenses are subject that brews more than 20.000 bar-
ALCOHOLIC BEVERAGES to terms and license fees normally rels of its own brands of malt liquor
OF THE CITY OF ELK RIVER, imposed by the city annually or a winery that produces
Charlene Vold being duly sworn on an oath, MINNESOTA,CITY CODE (9) Brewer taproom license. A more than 250.000 gallons of wine
states or affirms that they are the Authorized The City Council of the City of brewer taproom license authorizes annually.
Agent of the newspaper(s)known as: Elk River does hereby ordain as on-sale of malt liquor produced by (12) Brewoub/Microbrewer Off
follows: a state licensed brewer for con- Sale license. May be granted to
SECTION 1. That § Section sumption on the premises of or brewers licensed under MN Statute
Star News 6-1, Definitions, of the City of Elk adjacent to one brewery location 340a.301 Sub 7(b),
River Code of Ordinances shall be owned by the brewer. a.Eligibility.
amended to add the following: a.Eligibility. 1.off-sale shall be limited to 64
and has full knowledge of the facts stated Brewoub means a state licensed 1.A brewer may only have one oz containers known as "growl
below: brewer under Minnesota Statutes taproom license and may not have ers" of malt liquor produced and
(A)The newspaper has complied with all of 340A.301 Subdivision 6(d) with an ownership interest in another packaged on the licensed prem-
a restaurant use operated on the brewery. ises which have been labeled and
the requirements Constituting qualifica- same premises as the brewery.To 2. A brewer taproom license sealed in accordance with statutory
tion as a qualified newspaper as provided sell their own malt liquor,a brew- may not be issued to a brewer if specifications:
by Minn. Stat. §331A.02, §331A.07, and Pub is required to obtain an intoxi- the brewer seeking the license or 2.off-sale may not exceed 500
other applicable laws as amended. eating on-sale liquor license and any person having an economic barrels per year:
may obtain an on-sale Sunday li- interest in the brewery seeking the 3 total of on sale and off sale by
(B)This Public Notice was printed and pub- quor license if they want to be open license is a brewer that brews more the Brewer's off sale license holder
lisped in said newspaper(s) for 1 succes- on Sundays. than 250,000 barrels of malt liquor cannot exceed 3.500 barrels per
sive issues; the first insertion being on Cocktail Room means an area annually or a winery that produces year:
01/24/2015 and the last insertion being for the on-sale consumption of dis- more than 250,000 gallons of wine 4.off sale hours shall be limited
01/24/2015. g op ti lled spirits produced by the state- annually. to the hours of operation of the Mu-
licensed distillery for consumption 3.Not eligible to hold an on-sale nici ap I Dispensary (Section 6-94
on the premises of the distillery or intoxicating liquor license. W&
an abutting property in common 4.Section 6-58 regarding liabili- SECTION 4.That this ordinance
ownership of the distiller, ty insurance shall apply to a license shall take effect upon adoption and
Growler means a container used issued under this subdivision. be published as provided by law.
in the package a e of mat i- 5.A holder of a brewer taproom Passed and adopted by the City
By: guor.sixty-four(64)ounces in size license may also operate a restau- Council of the City of Elk River this
Authorized Agent (or one-half gallon) rant. 20th day of January,2015.
Microdistillery means a distillery 6 May be open and conduct on- John J.Dietz,Mayor
producing premium distilled spirits sale business on Sundays ATTEST:
Subscribed and sworn to or affirmed before in total quantity not to exceed forty (10)Cocktail room license May Tina Allard,City Clerk
me on 01/24/2015. thousand (40.000) roof gallons be granted to distillers licensed Published in the
in a calendar year as regulated by under MN Statute 340a.301 Sub- Star News
Minnesota Statutes. division 6c.A cocktail room license January 24,2015
Microbrewenr means a facility authorizes on-sale of distilled liquor 340385
that is licensed under MN Statute for consumption on the premises of
Section 340A.301, Sub. 6fcl. fil or adjacent to one distillery location
Notary Public or 0) and may brew no more than owned by the distiller.
20.000 barrels of its awn brands of a.Eligibility_
malt liouor annually 1.A distiller mayfly have one
Tao Room means a state li- microdistillery cocktail room li-
censed brewer under Minnesota cerise and may not have an own-
Statutes 340A.301 (c) i or(1 per- embip interest in another distillery
milting the on-sale consumption of 2 Section 6- regarding liabili-
VVVV VV b.�v'�'JYYYV'+1V'V
malt liquor produced by the brewer ?Y insurance shall apply to a license
DABEMWE O for consumption on the premises of issued under this subdivision,
a brewery or an abutting property in 3.No single entity may hold both
r common ownership of the brewer, a microdistillery cocktail mom and
PJry Ggtns on Brg4ire°An 0,2010 which may include the sales of malt taproom license, and a cocktail
ply liquor produced and packaged at room and taproom may not be co
the brewery for off premises con- located.
sumption as allowed by Minnesota 4.A holder of a microdistill-ny
Statutes. cocktail room license may also op-
SECTION 2_That§6-52,Types erate a restaurant.
of Licenses, of the City of Elk (11)Small Brewer's off sale malt
River Code of Ordinances shall be license. May be granted to brew-
amended to add the following: ers licensed under MN Statute
(5)Temporary licenses. 340A.301 Sub(c3.(d.or 6)_
a. Temporary on-sale licenses. a.Eligibility.
The city may issue to a club, or 1.off-sale shall be limited to 64
charitable, religious, or non-profit oz. containers known as "growl-
organization, or-a state licensed ers" of malt liguor produced and
brewer who manufactures fewer packaged on the licensed prem-
than 3.500 barrels of malt liquor in ises which have been labeled and
a year for the on-sale of intoxicat- sealed in accordance with statutory
ing liguor in existence for at least specifications:
three years a temporary license for 2. off-sale may not exceed 500
the on-sale of intoxicating liquor barrels per year-
in connection with a social event 3.off sale hours shall be limited
within the city sponsored by the li- to the hours of operation of the Mu-
Rate Information: censee.The license may authorize nicipal Dispensary [Section 6-94
(1)Lowest classified rate paid by commercial users the sale of intoxicating liquor for not Oil.The off-sale growlers must be
for comparable space: more than four consecutive days removed from the premises before
$23.00 per column inch and may allow on-sales on prem- the applicable closing time of the
ises other than premises the licens- Munici ap 1 Dispensarx
ee owns or permanently occupies. 4 A brewer may only have one
The license may provide that the license under this subdivision
licensee may contract for intoxicat- 5.The city can't issue a license
ing liquor catering services with the under this subdivision to a brewer
Ad 1 D 340385 holder of a full-year on-sale intoxi- seeking the license or any person
eating liquor license issued by any having an economic interest in