ORD 22-24ver
Ordinance 22 - 24
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
P O x E R E A B 1
NATURE
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
!01 ERpI1 IY
NA 1 URE
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:
(0 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.
ATTEST:
Tina Allard, City Clerk
Last Updated January 2019
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P 0 If E R E A 6 1
i"N'ATUREI
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA ) ss
COUNTY OF SHERBURNE
Rhonda Herberg being duly sworn on an
oath, states or affirms that he/she is the
Publisher's Designated Agent of the newspa-
per(s) known as:
Star News
with the known office of issue being located
in the county of:
SHERBURNE
with additional circulation in the counties of:
WRIGHT
and has full knowledge of the facts stated
below:
(A) The newspaper has complied with all of
the requirements constituting qualifica-
tion as a qualified newspaper as provided
by Minn. Stat. §331A.02.
(B) This Public Notice was printed and,pub-
lished in said newspaper(s) once each
week, for 1 successive week(s); the first
insertion being on 10/22/2022 and the last
insertion being on 10/22/2022.
MORTGAGE FORECLOSURE NOTICES
Pursuant to Minnesota Stat. - §580.033
relating to the publication of mortgage
foreclosure notices: The newspaper complies
with the conditions described in §580.033,
subd. 1, clause (1) or (2). If the newspaper's
known office of issue is located iti a county
adjoining the. county where the mortgaged
premises or some part of the mortgaged
premises described in the notice are located,
a substantial portion of the newspaper's
circulation is in the latter county
By:
Designated
Subscribed and sworn to or affirmed before
me on 10/22/2022 by Rhonda Herberg.
Notary Public
DARLENE MARIE MACPHERSON
NOTARY PUBLIC - MINNESOTA
My Commission Expim Jan 31, 2024
Rate Information:
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for comparable space: .
$25.25 per column inch
Ad ID 1267400
CITY OF ELK RIVER
ORDINANCE 22 - 24
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, Defini-
tions, 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 meet-
ing the definition of malt liquor.
Malt Liquor means any beverage
made from malt by fermentation, or
by the fermentation of malt substi-
tutes, 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:
(A A city may not issue more
than three 4 day, four 3 day, six 2
-day, or twelve 1 day temporary li-
censes 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.
SEOTION 3 That § 6-52(5),
Temporary Licenses, of the City
of Elk River Code of Ordinances is
amended to add new subsection
(a) as follows:
(a) The City may issue one 7 day
temporary license per year to the
Sherburne County Agricultural So-
ciety 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 para-
graph thereof as:
(I) Insurance.
SECTION 5. That §6-52(11),
Small Brewer's off -sale malt li-
cense, 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 brew-
ers, including Brewpubs and Micro -
brewers, licensed under Minnesota
statutes.
(a) Eligibility
1. A brewer that produces 7,500
t
barrels or less of malt liquor an-
nually 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 statu-
tory provisions. The license must
be approved by the State of Min-
nesota.
2. Off sale may not exceed 750
barrels annually.
3. Off -sale hours shall be limit-
ed 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, ex-
cept 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 li-
cense under this section to a brew-
er 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 Ordi-
nances is stricken.
SECTION 7. That § 6 94, Hours
and days of sales, of the City of
Elk River Code of Ordinances is
amended by adding new subdivi-
sion (f) as follows:
(f) Notwithstanding the restric-
tions on the days and hours for
liquor licensing in the City of Elk
River, the City may issue spe-
cial permits for service of alcohol
through extended hours when au-
thorized by state statute to do so.
The permits may only authorize
extended hours for the sale of al-
coholic beverages as authorized by
the state statute. The fee for an ex-
tended hours pennit 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
Published in the
Star News
October 22, 2022
1267400