8.1 SR 10-17-2022
Request for Action
To Item Number
Mayor and City Council 8.1
Agenda Section Meeting Date Prepared by
General Business October 17, 2022 Tina Allard, City Clerk
Item Description Reviewed by
Ordinance Amendment: Incorporate 2022 State Cal Portner, City Administrator
Liquor Regulations
Reviewed by
Action Requested
Adopt, by motion, an ordinance amendment incorporating 2022 state liquor regulations into city code.
Background
The 2022 Legislature passed new laws that make changes to liquor licensing and rules. Elk River has typically
followed state law but could be more restrictive if desired.
Following is suggested changes proposed in the ordinance:
no longer restricts the city from issuing more than one temporary license to one organization or for one
location within a 30-day period
allows a seven-day temporary license to the county agricultural society for a county fair
authorizes extended hours for the FIFA World Cup and other future events approved by the legislature
new license that can be issued to a small brewer to sell up to 128 ounces per customer per day in take
home product (small brewers were originally limited to growlers and could now sell their canned product
with the additional license). Staff recommends a $100 fee to cover administrative/police costs.
some items stricken as they are no longer in state law
Changes to the ordinance should be positive to our local businesses. Staff will notify qualified establishments of
the World Cup extended hours, so they have time to apply if they have any interest. Aegir expressed interest last
week in the small brewer off sale/128 oz license.
Financial Impact
N/A
Mission/Policy/Goal
City mission
Attachments
Draft Ordinance
The Elk River Vision
A welcoming community with revolutionary and spirited resourcefulness, exceptional
service, and community engagement that encourages and inspires prosperity.
Updated: August 2020
Ordinance 22 - ____
An Ordinance Amending Chapter 6, 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 § 6-1, Definitions, of the City of Elk River Code of Ordinances shall be
amended by replacing the definitions of “Beer” and “Malt Liquor” with the following new
definitions:
Beer means any beverage meeting the definition of malt liquor.
Malt Liquor means any beverage made from malt by fermentation, or by the fermentation of
malt substitutes, including rice, grain of any kind, glucose, sugar, molasses, or other malt
substitute that has not undergone distillation, and what contains not less than one-half of
one percent alcohol by volume.
SECTION 2. That § 6-52(5), Temporary Licenses, of the City of Elk River Code of Ordinances
is amended to replace the following language:
“License restrictions.
(a) The City may not issue more than three 4-day, four 3-day, six 2-day or twelve 1-day
temporary licenses in any combination not to exceed twelve days per year for the sale of
alcoholic beverages to any one organization or for any one location, within a 12-month
period.
(b) 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.”
With new Subsection 6-52(5)(d), as follows:
(d) A city may not issue more than three 4-day, four 3-day, six 2-day, or twelve 1-day
temporary licenses in any combination not to exceed twelve days per year for the sale of
alcoholic beverages to any one organization or registered political committee, for any one
location, within a 12-month period.
Last Updated January 2019
SECTION 3. That § 6-52(5), Temporary Licenses, of the City of Elk River Code of Ordinances
is amended to add new subsection (e) as follows:
(e) The City may issue one 7-day temporary license per year to the Sherburne County
Agricultural Society for alcoholic beverage sales at the Sherburne County Fair.
SECTION 4. That § 6-52(5), Temporary Licenses, of the City of Elk River Code of Ordinances
is amended to denote the last paragraph thereof as:
(f) Insurance.
SECTION 5. That § 6-52(11), Small Brewer’s off-sale malt license, of the City of Elk River
Code of Ordinances is amended to read:
(11) Small brewer’s off-sale malt license. May be granted to brewers, including Brewpubs
and Microbrewers, licensed under Minnesota statutes.
(a) Eligibility
1. A brewer that produces 7,500 barrels or less of malt liquor annually may be issued a
license for off-sale at its licensed premises of up to 128 ounces per customer per day of malt
liquor that has been produced and packaged by the brewer in accordance with statutory
provisions. The license must be approved by the State of Minnesota.
2. Off sale may not exceed 750 barrels annually.
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 may not issue a license under this section to a brewer if the 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
150,000 barrels of its own brands of malt liquor annually or a winery that produces more
than 250,000 gallons of wine annually.
SECTION 6. That § 6-52(12), of the City of Elk River Code of Ordinances is stricken.
Last Updated January 2019
SECTION 7. That § 6-94, Hours and days of sales, of the City of Elk River Code of Ordinances
is amended by adding new subdivision (f) as follows:
(f) Notwithstanding the restrictions on the days and hours for liquor licensing in the City of
Elk River, the City may issue special permits for service of alcohol through extended hours
when authorized by state statute to do so. The permits may only authorize extended hours
for the sale of alcoholic beverages as authorized by the state statute. The fee for an extended
hours permit shall be $50, or as authorized by state statute.
SECTION 8. 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 17th day of October, 2022.
______________________________
John J. Dietz, Mayor
ATTEST:
_______________________________
Tina Allard, City Clerk
Last Updated January 2019