8.5. SR 09-08-2015 Eclty1� ,.,�� Request for Action
River
To Item Number
Mayor and City Council 8.5
Agenda Section Meeting Date Prepared by
General Business September 8, 2015 Jessica Miller, Executive Secretary/Deputy City
Clerk
Item Description Reviewed by
Ordinance Amendment Incorporating 2015 State Tina Allard, City Clerk
Law Changes Regarding Liquor into City Code Reviewed by
Cal Portner, City Administrator
Action Requested
Adopt,by motion, an ordinance amending Chapter 6 of the City Code regarding alcoholic beverages.
Background/Discussion
The recently approved Omnibus Liquor Act includes several provisions. Attached is an ordinance that
would include these changes in City Code. They are as follows:
Microdistillery Off-sale License
Allows microdistilleries,who make their own distilled spirits, such as rum or vodka, to sell their product
for off-sale consumption with a license from the city with certain restrictions.
Off-sale Growlers on Sunday
Our code was previously amended to allow the off-sale of growlers by taprooms. This ordinance allows
for the off-sale of growlers on Sundays.
Expansion of Temporary On-sale Intoxicating License
In the past, this license has been limited to club, charitable,religions, or non-profit organizations. Brewers
were also included recently. Now state law has expanded to allow a microdistillery to obtain this license.
An example of this type of license is the annual wine-tasting event sponsored by the Rotary.
Instructional Permit Used as Proof of Age
State law allows an instructional permit to be used as proof of age for purchasing alcohol.
Financial Impact
The fee schedule will need to be amended to include a fee for the microdistillery off-sale license. There is
no hurry to set this fee at the current time because we currently do not have any microdistilleries in the
city. The fee schedule is planned for its annual review this fall and this new fee will be included in the
schedule.
Attachments
■ Ordinance
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City of
Elk -�-�
River
Ordinance 15 -
An Ordinance Amending Chapter 6, Relating to 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§ 6-52,Types of Licenses, of the City of Elk River Code of Ordinances shall
be amended to read as follows:
(5) Temporary Licenses
a. Temporary on-sale licenses. The city may issue to a club, or charitable,religious, nonprofit
organization, microdistillery, 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 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
(11) Small brewer's off-sale malt license. May be granted to brewers licensed under Minn. Stats.
340A.301(c), (i), or (j).
a. Eligibility.
1. Off-sale shall be limited to 64-ounce 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 (subsection 6-94(d)). The off-sale growlers must be removed
from the premises before the applicable closing time of the municipal
dispensary, except that growlers may be sold at off-sale on Sundays
between the hours of 8:00 a.m. and 10:00 p.m., excluding Christmas Day
and after 8:00 p.m. on December 24.
4. A brewer may only have one license under this subsection.
5. The city can't issue a license under this subdiv. 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
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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 annually.
13 Microdistillery off-sale. An off-sale microdistillery license authorizes the off-sale of distilled
spirits by a licensed microdistiller
(a) Eligibility
1. Off-sale hours must conform to hours of sale for the municipal displensar
2. No brand may be sold from the microdistillery unless it is also sold through their
wholesaler to retails accounts.
SECTION 2. That §6-131, Proof of Age, of the City of Elk River Code of Ordinances shall be
amended as follows:
(a) Proof of age for purchasing or consuming alcoholic beverages may be established only by
one of the following:
1. A valid driver's license or identification card issues by Minnesota, another state, or a
province of Canada, and including the photograph and date of birth of the licensed
person;
2. A valid military identification card issued by the United States Department of
Defense;
3. A valid passport issued by the United States;or
4. A valid instructional permit issued under Minn. Stats 171.05 to a person of legal age
which includes a photograph and the date of birth of the person issued the permit;
or
4-.5.In the case of a foreign national, a valid passport.
SECTION 3. 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 Click here to enter day this will
be adopted day of Click here to enter month this will be adopted, 2015.
John J. Dietz,Mayor
ATTEST:
Tina Allard, City Clerk
MUR
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