ORD 15-29of
Ordinance 15 - 29
to be removed
Underlines to be added
An Ordinance Amending Chapter b, 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. Temporag 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 ycar 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 of -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
PUNEAEO Bi
Last Updated March 2014
Strikethfough,s to be removed
Un_dethnes to be added
brewer that brews 1-nore. than 20,000 barrels of its own brands of malt
liquor annually or a winery that produces more than 250,000 gallons of
witic annually.
(13) Microdistillery off -sale. An off -sale nuicrodistillery license authorizes the off -sale of distilled
spirits by a licensed microdistiHery.
(a) Eligibility
1. Off -sale hours must conform to hours of sale for the municipal displensary.
2. No brand may be sold from the mictodistillery 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, ora
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;
4. A valid instructional permit issued under Minn. Stars 171.05 to a person of legal age
which includes a photograph and the date of birth of the person issued the permit;
or
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 8" day'Rf September, 2015.
DWtz, MaYL\�
ATIJ-a',ST:
Tina Allard, City Clerk
Last Updated March 2014
AFFIDAVIT OF PUBLICATION CITY OF ELK RIVER (a)Eligibility
ORDINANCE 15-29 1. Off-sale hours must conform
STATE OF MINNESOTA )ss AN ORDINANCE AMENDING to hours of sale for the municipal
COUNTY OF SHERBURNE CHAPTER 6,RELATING TO displensary.
ALCOHOLIC BEVERAGES, 2. No brand may be sold from
OF THE CITY OF ELK RIVER, the microdistillery unless it is also
Charlene Vold being duly sworn on an oath, MINNESOTA,CITY CODE sold through their wholesaler to re-
states or affirms that he/she is the Publisher's The City Council of the City of tails accounts.
Designated Agent of the newspapers}known Elk River does hereby ordain as SECTION 2.That§6-131,Proof
follows: of Age,of the City of Elk River Code
as: SECTION 1.That§6-52,Types of Ordinances shall be amended as
of Licenses, of the City of Elk follows:
Star News River Cade of Ordinances shall be (a) Proof of age for purchasing
amended to read as follows: or consuming alcoholic beverages
(5) Temporary Licenses may be established only by one of
with the known office of issue being located a. Temporary on-safe licenses, the following:
in the county of: The city may issue to a club, or 1.A valid driver's license or iden-
SHERBURNE charitable, religious, nonprofit or- tification card issues by Minnesota,
Can-
with a substantial portion of the circulation ganization, microdistillery, or a another state,or a province of Can-
state licensed brewer who manu- ada,and including the photograph
in the counties of: factures fewer than 3,500 barrels and date of birth of the licensed
WRIGHT of malt liquor in a year for the on- person;
and has full knowledge of the facts stated safe of intoxicating liquor in ex- 2.A valid military identification
below: istence for at least three years a card issued by the United States
temporary license for the on-sale Department of Defense;
(A)The newspaper has complied with all of of intoxicating liquor in connec- 3.A valid passport issued by the
the requirements constituting qualifiea- tion with a social event within the United states;
tion as a qualified newspaper as provided city sponsored by the licensee.The 4.A valid instructional permit is-
by Minn. Stat.§331A,02. license may authorize the sale of in- sued under Minn.Stats 171.05 to a
toxicating liquor for not more than person of legal age which includes
(B)This Public Notice was printed and pub- four consecutive days and may a photograph and the date of birth
lished in said newspaper(s) once each allow on-sales an premises other of the person issued the permit;or
week, for 1 successive week(s); the first than premises the licensee owns or 5. In the case of a foreign na-
insertion being on 09/12/2015 and the last Permanently occupies.The license tional,a valid passport.
insertion being on 0911 2/20 1 5. may provide that the licensee may SECT ION 3.That this ordinance
$ contract for intoxicating liquor ca- shall take effect upon adoption and
tering services with the holder of a be published as provided by law.
MORTGAGE FORECLOSURE NOTICES full-year on-sale intoxicating liquor Passed and adopted by the City
Pursuant to Minnesota Stat. 580.033 license issued by any municipal- Council of the City of Elk River this
fty.Temporary on-safe intoxicating 8th day of September,2015.
relating to the publication of mortgage liquor licenses require approval of John J.Dietz,Mayor
foreclosure notices: The newspaper complies the commissioner of public safety. ATTEST:Tina Allard,City Clerk
with the conditions described in §580.033, Licenses are subject to terms and Published in the
license fees normally Star News
subd. 1, clause (1) or(2). If the newspaper's (11)Small brewer's off-sale malt September 12,2015
known Office of issue is located in a county license.May be granted to brewers 446685
adjoining the county where the mortgaged licensed under Minn.Stats.§
remises or some 340A-301(c),(i),or(0.
p part of the mortgaged a.Eligibility.
premises described in the notice are located, 1. Off-sale shall be limited to
a substantial portion of the newspaper's 64-ounce containers known as
circulation is in the latter county. °growlers"of
malt liquor produced and pack-
aged on the licensed premises
in which have
been labeled and sealed in accar-
By. � dance with statutory specifications;
Designated Agent 2.Off-sale may not exceed 500
barrels per year;
Subscribed and sworn to or affirmed before 3- Off-sale hours shall be gim-
me on 09/12/2015. ited to the hours of operation of
the municipal dispensary(subsec-
tion 6-94(d)).The off-sale growlers
must be removed from the prem-
ises before the applicable closing
4{V� L time of the municipal dispensary,
✓ except that growlers may be sold
Notary Public at off-sale on Sundays between the
hours of 8:00 a.m,and 10:00 p.m.,
excluding Christmas Day and after
k. 8A0 p.m.on December 24_
°"°.... ARLENE MARIE MACPHERSON y y
4,A brewer may only have one
§, license under this subsection.
<' Notary Public-Mirlmsota 5.The city can't issue a license
¢. My Commission Expires Jan 31,2018 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 brewer
that brews more than 20,000 bar-
rels of its own brands of malt liquor
Rate Information: annually or a winery that produces
(1)Lowest classified rate paid by commercial users more than 250,000 gallons of wine
for comparable space: annually.
$23.00 per column inch (13) Microdistillery off-sale. An
off-sale microdistillery license au-
thorizes the off-sale of distilled
spirits by a licensed microdistillery.