HomeMy WebLinkAbout8A, Planning Case 12-015 - Zoning Code Amendment and CUP Application at 1260 Red Fox Road to Allow a Microbrewery with Taproom ,- lZENHILLS
Request for Council Action
8A
Prepared By: Meagan Beekman, City Planner Council Meeting Date: October 29, 2012
Planning Case 12-015—Zoning Code Amendment and CUP Application at 1260 Red Fox
Road to Allow a Microbrewery with Taproom
Budgeted Amount: Actual Amount: Funding Source:
NA NA NA
Recommendation:
1. Approve Ordinance 2012-008 in Planning Case 12-015 to amend Sections 1305.04 and
1325.05 of the Zoning Code regarding Micro Breweries, Micro Distilleries, and
Brewpubs in the City, as presented in the October 29, 2012, report to the City Council.
2. Approve publishing a summary of Ordinance 2012-008.
3. Approve Ordinance 2012-009 in Planning Case 12-015 to amend Chapter 5 of the City
Code regarding brewer and taproom liquor licenses, as presented in the October 29, 2012,
report to the City Council.
4. Approve publishing a summary of Ordnance 2012-009.
5. Approve Planning Case 12-015 for a conditional use permit (CUP) at 1160 Red Fox Road
to allow a micro brewery and micro distillery with taproom, based on the findings of fact
and submitted plans, as amended by the conditions of approval as presented in the
October 29, 2012 report to the City Council.
Supporting Documents:
1. Memorandum dated October 29,2012, from Meagan Beekman, City Planner.
2. October 3, 2012, Draft Planning Commission Minutes
3. Ordinance 2012-008 and Publication Summary
4. Ordinance 2012-009 and Publication Summary
5. October 3, 2012,Report to the Planning Commission
'It
EN HILLS
MEMORANDUM
DATE: October 29, 2012
TO: Honorable Mayor& City Councilmembers
Patrick Klaers, City Administrator
FROM: Meagan Beekman, City Planner �,V� :
SUBJECT: Planning Case#12-015
Applicant: Bartley Blume
Property Location: 1160 Red Fox Road
Request: Zoning Code Amendment and Conditional Use Permit
Requested Action
1. Approve Ordinance 2012-008 in Planning Case 12-015 to amend Sections 1305.04 and
1325.05 of the Zoning Code regarding Micro Breweries, Micro Distilleries, and
Brewpubs in the City, as presented in the October 29, 2012, report to the City Council.
2. Approve publishing a summary of Ordinance 2012-008.
3. Approve Ordinance 2012-009 in Planning Case 12-015 to amend Chapter 5 of the City
Code regarding brewer and taproom liquor licenses, as presented in the October 29, 2012,
report to the City Council.
4. Approve publishing a summary of Ordnance 2012-009.
5. Approve Planning Case 12-015 for a conditional use permit (CUP) at 1160 Red Fox Road
to allow a micro brewery and micro distillery with taproom, based on the findings of fact
and submitted plans, as amended by the conditions of approval as presented in the
October 29, 2012 report to the City Council.
City of Arden Hills
City Council Meeting for October 29, 2012
Page 1 of 6
Background
1. Overview of Request:
The City has received a proposal from Bent Brewstillery (Attachment D) to obtain a CUP to
open a brewery and distillery in a 2,500 square foot bay in the B-4 Zoning District at 1160
Red Fox Road. Bent Brewstillery would like to include a taproom for the consumption of on-
sale beer brewed on site, as well as off-sale sales of growlers and 750 ml. bottles.
This application includes four distinct requests:
1. Zoning Code Amendment request from applicant to create two new land use definitions;
micro brewery and micro distillery, and allow the new uses in the B-4 District as
Conditional Uses.
2. Zoning Code Amendment originating from the City to further allow micro breweries and
micro distilleries in the B-2, B-3, GB, I-Flex, and MB Districts as Conditional Uses; and
to create a further new land use definition of Brewpuds, which would be allowed in the
B-2, B-3, B-4, and MB Districts as conditional uses.
3. City Code Amendment to create two new liquor licenses for on and off-sale sales of
microbrews brewed on site in a micro brewery
4. Approval of a Conditional Use Permit to allow a micro brewery and micro distillery with
taproom at 1160 Red Fox Road.
2. Legal Background
In 2011, the State Legislature amended State Law to allow taprooms in microbreweries in
Minnesota. This bill was commonly referred to as the "Surly Bill", and was first proposed by
the owner of Surly Brewery. The law allows microbreweries that produce fewer than
250,000 barrels of beer a year to have a taproom where they can sell beer for on site
consumption which is brewed on site. The law also allows sampling of beer which is
produced on site.
State law also allows microbreweries which produce fewer than 3,500 barrels of beer a year
to provide off-sale sales of 64 ounce "Growlers" and 750 milliliter bottles; however, off-sale
sales of beer by the bottle, case, or keg is not permitted by State law.
The sale of on and off sale products brewed on site is allowed for microbreweries but not
micro distilleries (manufacturers of spirits). Distilleries are allowed to manufacture spirits by
State Statute, but cannot provide on-sale or off-sale, sales of their products at the location in
which the spirits are produced. The spirits must be distributed to another site for on and off
sale sales.
Municipal ordinances may be more restrictive than State law in terms of the sale of alcohol.
City of Arden Hills
City Council Meeting for October 29, 2012
Page 2 of 6
At the August 20, 2012 City Council work session, Staff were directed to research amending
the zoning code to allow microbreweries and micro distilleries as conditional uses to the
maximum extent allowable under state law. These recommendations were brought to the
September 5, 2012 planning commission work session where it was recommended to staff
that brewpubs also be included as a new, and separate, land use from micro breweries and
micro distilleries. Brewpubs are microbreweries that have a restaurant component with on-
sale sales of products brewed on site, and can also serve alcoholic products other than those
brewed on site.
The Planning Commission also discussed allowed prepackaged food to be served on site
within a taproom, as opposed to food that is prepared on site. The distinction is important
because establishments that have food prepared on site would be considered brewpubs rather
than taprooms, and have different legal requirements within State Statute.
Currently, Arden Hills' Zoning Code allows breweries and distilleries, as well as distributors
of alcohol, in zoning districts that allow manufacturing and processing.
Since amendments to State Statute in 2011, microbreweries with taprooms have become
more common in the metro area. Currently, New Ulm, Stillwater, St. Louis Park, Excelsior,
Lino Lakes and Roseville allow taprooms.
Staff has prepared proposed Code amendments (Attachments B and C) that reflect work
session discussions with the Planning Commission and City Council. The proposed
amendments create new land uses for microbreweries, micro distilleries and brewpubs.
Microbrewery and micro distillery land uses would allow the manufacture and distribution of
intoxicating alcohol, as currently allowed by State Statute, in the assigned zoning districts.
Microbreweries would also be permitted to have a retail component. A land use for brewpubs
has been created to differentiate microbreweries that do not have a food component and
brewpubs that do have a food service component.
Applications for micro breweries, micro distilleries and brewpubs would be approved
through the conditional use permit process. The applicant has submitted information
addressing their request for a Zoning Code Amendment and CUP (Attachment D)
Conditional Use Permit Evaluation Criteria—Section 1355.04 Subd 3
If the Zoning Code Amendments are approved the following CUP criteria would apply to
micro breweries and micro distilleries in the B-4 District:
Section 1355.04 Subd 3 of the Arden Hills Zoning Code lists the criteria for evaluating a
Conditional Use Permit Amendment. The Planning Commission and City Council should
consider the effect of the proposed use upon the health, safety, convenience and general
City of Arden Hills
City Council Meeting for October 29, 2012
Page 3 of 6
welfare of the owners and occupants of the surrounding land, in particular, and the
community as a whole, in general, including but not limited to the following factors:
1. Existing and anticipated traffic and parking conditions;
2. Noise, glare, odors, vibration, smoke, dust, air pollution, heat, liquid or solid
waste, and other nuisance characteristics;
3. Drainage;
4. Population density;
5. Visual and land use compatibility with uses and structures on surrounding land;
adjoining land values;
6. Park dedications where applicable; and the
7. Orderly development of the neighborhood and the City within the general purpose
and intent of this ordinance and the Comprehensive Development Plan for the
City.
Staff has been in contact with other cities that currently have micro breweries. Staff at St. Louis
Park stated that they have had micro breweries in their city for many years and have never had an
issue with odor. As a result they did not choose to regulate odor emissions more rigidly than the
State already does.
Findings of Fact
The Planning Commission offers the following findings of fact for the Council's consideration.
1. The applicant has shared parking agreements with the property to the south which will
mitigate any parking impacts.
2. The proposal will have minimal impacts on noise, glare, odors, vibration, smoke, dust, air
pollution, heat, liquid and solid waste.
3. The proposal is not anticipated to have an impact on odors because the State regulates
odor emissions and other micro breweries have not adversely affected communities that
they are located in.
4. The proposal will not affect drainage on the property.
5. The proposal will not affect the population density on the property.
6. The proposal would not be incompatible with the other buildings in the B-4 Zone.
7. The proposal is unlikely to significantly affect land values on the subject property or on
neighboring properties.
8. The park dedication requirement does not apply in this application.
Recommendation
The Planning Commission reviewed this application at their October 3, 2012, regular meeting,
and held a public hearing. Based on the findings of fact and the plans submitted,the Planning
City of Arden Hills
City Council Meeting for October 29, 2012
Page 4 of 6
Commission voted unanimously(4-0)to recommend approval of the application subject to the
following three conditions:
1. The applicant shall abide by all state laws regarding the manufacturing, distribution and
sale of alcohol.
2. The project shall be completed in accordance with the plans submitted as amended by the
conditions of approval. Any significant changes to these plans, as determined by the City
Planner, shall require review and approval by the Planning Commission.
3. Nuisance odors shall be kept in compliance with State Law.
Requested Action
1. Approve Ordinance 2012-008 in Planning Case 12-015 to amend Sections 1305.04 and
1325.05 of the Zoning Code regarding Micro Breweries, Micro Distilleries, and
Brewpubs in the City, as presented in the October 29, 2012, report to the City Council.
2. Approve publishing a summary of Ordinance 2012-008. (4/5 Vote)
3. Approve Ordinance 2012-009 in Planning Case 12-015 to amend Chapter 5 of the City
Code regarding brewer and taproom liquor licenses, as presented in the October 29, 2012,
report to the City Council.
4. Approve publishing a summary of Ordnance 2012-009. (4/5 Vote)
5. Approve Planning Case 12-015 for a conditional use permit (CUP) at 1160 Red Fox Road
to allow a micro brewery and micro distillery with taproom, based on the findings of fact
and submitted plans, as amended by the conditions of approval as presented in the
October 29, 2012 report to the City Council.
Options
1. Approve the proposal as submitted.
2. Approve the proposal with conditions (Recommended Action).
3. Deny the application with reasons for denial.
4. Table for additional information.
The motions to approve Code Amendments are not dependent on approval of the CUP; however,
approval of the CUP is dependent on approval of both Code Amendments.
City of Arden Hills
City Council Meeting for October 29, 2012
Page 5 of 6
Deadline for Agency Actions
The City of Arden Hills received the completed application for this request on September 11,
2012. Pursuant to Minnesota State Statue,the City must act on this request by November 11,
2012 (60 days), unless the city provides the petitioner with written reasons for and additional 60
day review period. The City may, with the consent of the applicant, extend the review period
beyond the initial 120 days.
Attachments
A. October 3, 2012, Draft Planning Commission Minutes
B. Ordinance 2012-008 and Publication Summary
C. Ordinance 2012-009 and Publication Summary
D. October 3, 2012, Report to the Planning Commission
City of Arden Hills
City Council Meeting for October 29, 2012
Page 6 of 6
Attachment
October 3, 2012, Draft Planning
Commission Meeting Minutes
The Planning Commission voted unanimously (4-0) to
recommended approval for Planning Case 12-015 at their
October 3, 2012, meeting
-ARPEN HILLS
City of Arden Hills
City Council Meeting for October 29, 2012
October 3, 2012, Draft Planning Commission Minutes
Planning Case 12-015 — Zoning Code Amendment and CUP; Bartley Blume, Bent
Brewstillery; 1160 Red Fox Road—Public Hearing
City Planner Meagan Beekman reviewed the Planning Commission is requested to
consider approval of Planning Case 12-015 including a conditional use permit (CUP) for
Bent Brewstillery for a micro brewery and micro distillery at 1160 Red Fox Road, as well
as, amendments to Sections 1305.04 and 1320.05 of the Zoning Code to allow for the
inclusion of microbreweries, micro distilleries and brewpubs as land uses.
City Planner Meagan Beekman stated the City has received a proposal from Bent
Brewstillery to obtain a CUP to open a brewery and distillery in a 2,500 square foot bay
in the B-4 Zoning District at 1160 Red Fox Road. Bent Brewstillery would like to
include a taproom for the consumption of on-sale beer brewed on site, as well as off-sale
sales of growlers and 750 ml bottles.
The applicant proposes the large retail space and tap room will serve the following
purposes:
1. Sell beer growlers (64-oz bottles) and bombers (22-oz bottles) for off-premise
consumption as allowed by Minnesota law,
2. Sell pints for on-premise consumption in accordance with the Minnesota Pint Law,
3. Sell spirits for on-premise consumption (when legal) in accordance with Minnesota
Law,
4. Sell company swag,
5. Provide free beer (and bourbon when legal) samples,
6. Start and end point for Brewstillery tours,
7. Serve as a gathering spot to discuss beer, bourbon, and other poignant topics of the
day.
This application includes three distinct requests:
1. Zoning Code Amendment to create three new land uses; micro brewery, micro
distillery, and brewpub; and allow the new uses in the B-4 District as Conditional
Uses.
2. City Code Amendment to create two new liquor licenses for on and off-sale sales of
microbrews brewed on site in a micro brewery.
3. Approval of a Conditional Use Permit to allow a micro brewery and micro distillery
with taproom at 1160 Red Fox Road
City Planner Meagan Beekman presented the legal background stating in 2011, the State
Legislature amended State Law to allow taprooms in microbreweries in Minnesota. This
bill was commonly referred to as the "Surly Bill" and was first proposed by the owner of
Surly Brewery. The law allows microbreweries that produce fewer than 250,000 barrels
of beer in a year to have a taproom where they can sell beer for on site consumption,
which is brewed on site. The law also allows sampling of beer, which is produced on
site.
State law also allows microbreweries which produce fewer than 3,500 barrels of beer a
year to provide off-sale sales of 64 ounce "Growlers" and 750 milliliter bottles; however,
off-sale sales of beer by the bottle, case or keg is not permitted by State law.
The sale of on and off sale products brewed on site is allowed for microbreweries but not
micro distilleries (manufacturers of spirits). Distilleries are allowed by State Statute, but
cannot provide on-sale, off-sale, and sales of their products at the location in which the
spirits are produced. The spirits must be distributed to another site for on and off sale
sales.
Municipal ordinances may be more restrictive than State law in terms of the sale of
alcohol.
City Planner Meagan Beekman reviewed the proposed land use definitions.
Staff was directed at the August 20, 2012 City Council work session, to research
amending the zoning code to allow microbreweries and micro distilleries as conditional
uses to the maximum extent allowable under state law. These recommendations were
brought to the September 5, 2012 planning commission work session where it was
recommended to staff that brewpubs also be included as a new, and separate, land use
from micro breweries and micro distilleries. Brewpubs are microbreweries that have a
restaurant component with on-sale sales of products brewed on site. Brewpubs also
provide food and can also serve alcoholic products other than those brewed on site.
City Planner Meagan Beekman continued the Planning Commission also discussed
allowed prepackaged food to be served on site within a taproom, as opposed to food that
is prepared on site. The distinction is important because establishments that have food
prepared on site would be considered brewpubs rather than taprooms and have different
legal requirements within State Statute.
Staff has prepared draft amendments to the zoning code that reflect these
recommendations.
City Planner Meagan Beekman reviewed currently Arden Hills Zoning Code allows
breweries and distilleries, as well as distributors of alcohol, in zoning districts that allow
manufacturing and processing.
The draft zoning code amendments create new land uses for microbreweries, micro
distilleries and brewpubs. Microbrewery and micro distillery land uses would allow the
manufacture and distribution of intoxicating alcohol, as currently allowed by State
Statute, in the assigned zoning districts. Microbreweries would also be permitted to have
a retail component. A land use for brewpubs would also be created to differentiate
microbreweries that do not have a food component and brewpubs that do have a food
service component.
Applications for micro breweries, micro distilleries and brewpubs would be approved
through the conditional use permit process. The application has submitted information
addressing their request for a Zoning Code Amendment and CUP.
Rather than make adjustments to the existing land uses within the Code, Staff is
recommending creating three new land uses that would then be added to appropriate
districts throughout the City. The new land uses would be micro-breweries, micro
distilleries, and brew pubs. Staff is recommending that micro breweries and micro
distilleries be allowed as Conditional Uses in the B-2, B-3, B-4, GB, I-FLEX and MB
zoning districts. Staff is also recommending that brewpubs be allowed as Conditional
Uses in the B-2, B-3, B-4 and MB zoning districts.
City Planner Meagan Beekman reviewed the following CUP criteria would apply to
micro breweries, micro distilleries in the B-4 District:
Section 1355.04 Subd. 3 of the Arden Hills Zoning Code lists the criteria for evaluating a
Conditional Use Permit Amendment. The Planning Commission and City Council
should consider the effect of the proposed use upon the health, safety convenience, and
general welfare of the owners and occupants of the surrounding land, in particular, and
the community as a whole, in general, including but not limited to the following factors:
1. Existing and anticipated traffic and parking conditions;
2. Noise, glare, odors, vibration, smoke, dust, air pollution, heat, liquid or solid waste,
and other nuisance characteristics;
3. Drainage;
4. Population density;
5. Visual and land use compatibility with uses and structures on surrounding land;
adjoining land values;
6. Park dedications where applicable; and the
7. Orderly development of the neighborhood and the City within the general purpose
and intent of this ordinance and the Comprehensive Development Plan for the City.
City Planner Meagan Beekman reviewed the Planning Commission must make a finding
as to whether or not the proposed application would adversely affect the surrounding
neighborhood or the community as a whole based on the aforementioned factors. The
following findings assume that the Zoning Code is amended to allow micro breweries
and micro distilleries as Conditional Uses in the B-4 District. Staff offers the following
findings for consideration:
Conditional Use Permit Evaluation Findings:
1. The applicant has shared parking agreements with the property to the south, which
will mitigate any parking impacts.
2. The proposal will have minimal impacts on noise, glare, odors, vibration, smoke,
dust, air pollution, heat liquid, and solid waste.
3. The proposal is not anticipated to have an impact on odors because the State regulates
odor emissions and other micro breweries have not adversely affected communities
that they are located in.
4. The proposal will not affect drainage on the property.
5. The proposal will not affect the population density on the property.
6. The proposal would not be incompatible with the other buildings in the B-4 Zone.
7. The proposal is unlikely to significantly affect land values on the subject property or
on neighboring properties.
8. The park dedication requirement does not apply in this application.
City Planner Meagan Beekman stated no letters, e-mails or telephone calls from property
owners or occupants have been received regarding this planning case.
Staff Recommendations
Based on the submitted plans and findings of fact, Staff recommends approval of
Planning Case #12-015 for a Zoning Code Amendment and Conditional Use Permit at
1160 Red Fox Road. Staff recommends the following three conditions be included with
the approval:
1. The applicant shall abide by all state laws regarding the manufacturing, distribution
and sale of alcohol.
2. The project shall be completed in accordance with the plans submitted as amended by
the conditions of approval. Any significant changes to these plans, as determined by
the City Planner, shall require review and approval by the Planning Commission.
3. Nuisance odors shall be kept in compliance with State Law.
Commissioner Holewa asked about the land use chart presented and requested Ms.
Beekman go through the zoning areas the micro-breweries would not be allowed. Ms.
Beekman stated the City has no land in the I-2 District. The 1-1 District is encompassed
by Land O'Lakes and Boston Scientific corporate campuses. City Planner Beekman
provided the definition of Brew Pubs.
Mr. Bartley Blume 3287 Owasko Heights Road, Shoreview appeared before the
Commission and explained his plan for craft beers and craft spirits. He would like to be
the pioneer in the production of craft spirits. He wants his facility to be a tourist
attraction where people would come to visit his business and have tours of the facility.
He also plans a taproom where people can relax and have a beer. The on-sale/off-sale
license is unique. Only the beers and spirits produced there can be sold there. The hours
of operation would be very different from the surrounding businesses and would most
likely be 4— 10 p.m. This is a very high traffic area and he is hoping to get business from
the traffic that is already there. There would be no odors. Mr. Blume stated the Blue Fox
is possibly concerned about competition but he has spoke with a manager and they are
very interested in carrying his line in their bar/restaurant. This business would be a
family owned business that would bring tax monies into the City. He feels it would be an
advantage to the City.
Commissioner Holewa asked when the business would be operational and Mr. Blume
stated hopefully by the first of the year with the taproom opening 3-4 months after that.
Commissioner Holewa asked about the food requirement. Mr. Blume stated most
licenses require with a liquor license food be served that is prepared onsite.
Commissioner Holewa asked who signed the memorandum of understanding regarding
parking and Mr. Blume stated Roberts Development Co.
Vice Chair Thompson opened the public hearing at 6:55 p.m.
No one appeared to address the Commission.
Vice Chair Thompson closed the public hearing at 6:56 p.m.
The City of Arden Hills received the completed application for this request on September
11, 2012. Pursuant to Minnesota State Statue, the City must act on this request by
November 11, 2012 (60 days) unless the city provides the petitioner with written reasons
for and additional 60 day review period. The City may, with the consent of the applicant,
extend the review period beyond the initial 120 days.
Vice Chair Thompson asked about the liquor license. City Planner Beekman stated the
application for the liquor license will go to the Council at their October 29, 2012 City
Council Meeting
Commissioner Holewa moved, seconded by Commissioner Zimmerman, to
recommend approval of amendments to Sections 1305.04 and 1320.05 of the Zoning
Code to allow for the inclusion of micro breweries, micro distilleries, and brewpubs
as land uses as presented in the October 3, 2012, report to the Planning
Commission. The motion carried unanimously (4-0).
Commissioner Zimmerman moved, seconded by Commissioner Holewa, to
recommend approval of a conditional use permit (CUP) to allow a micro brewery
and micro distillery at 1160 Red Fox Road, based on the findings of fact, as
amended by the Conditions of Approval presented in the October 3, 2012, report to
the Planning Commission. The motion carried unanimously (4-0).
This planning case will be on the October 29, 2012, City Council meeting agenda.
Attachment
Ordiance 2012-008 and Publication
Summary
-flAZEN�HILLS
City of Arden Hills
City Council Meeting for October 29, 2012
ORDINANCE 2012-008
STATE OF MINNESOTA
COUNTY OF RAMSEY
CITY OF ARDEN HILLS
ORDINANCE NO.2012-008
AMENDMENTS TO SECTIONS 1305.04 AND 1325.05 OF THE ZONING CODE REGARDING MICRO
BREWERIES,MICRO DISTILLERIES,AND BREWPUBS IN THE CITY.
The Arden Hills City Council Ordains:
Section 1305- Definitions
1305.04 Definitions
Microbrewery.A facility that manufactures and distributes intoxicating malt liquor or wine in total quantity
not to exceed 250,000 barrels a year.A microbrewery may have space dedicated as a taproom to distribute
on-sale and off-sale alcohol in compliance with MN state statute 340A.301, subd.6b.
Microdistillery.A facility that manufactures and distributes premium,distilled spirits in total quantity not
to exceed 40,000 proof gallons in a calendar year.
Brewpub.A restaurant that also has a facility that manufactures and distributes intoxicating malt liquor or
wine in total quantity not to exceed 250,000 barrels a year on the premises.
Section 1320—District Provisions
1320.05 Land Use Chart.
Zoning Districts'
,Uses: R-1 R-2 R-3 R-4 NB B-I B-2 B-1 B-4 CC GB 1-1 I-2 1-FLEX MR
iccobrewery C___.G....... C.... __ ._ ._. C._.........
Mrerodistillery C C C C C C
Brewpub
ORDINANCE 2012-008
Effective Date. This Ordinance shall be effective the day following its publication or on the day following the
publication of an Ordinance Summary approved by the Arden Hills City Council.
Adoption Date. Passed by the Arden Hills City Council on this 29`h day of October,2012.
DAVID GRANT,MAYOR
ATTEST:
PATRICK KLAERS, CITY ADMINISTRATOR
Publication Date: November 7th,2012
CITY OF ARDEN HILLS
COUNTY OF RAMSEY
STATE OF MINNESOTA
SUMMARY OF ORDINANCE NO. 2012-008
On the 291h day of October, 2012, the Arden Hills City Council adopted Ordinance No.
2012-008, and by four affirmative votes pursuant to Minn. Stat. §412.191, Subd. 4, directed that
a summary of Ordinance 2012-008 be published.
Ordinance 2012-008 is entitled"Amendments to Sections 1305.04 and 1325.05 of the
Zoning Code Regarding Micro Breweries, Micro Distilleries, and Brewpubs in the City."
A full copy of Ordinance 2012-008 is available for inspection by any person during
regular business hours at the office of the City Administrator, 1245 West Highway 96, Arden
Hills, Minnesota 55112. The Ordinance is also available online at http://www.ci.arden-
hills.mn.us.
Attachment
Ordinance 2012-009 and Publication
Summary
-AVEN�HMLS
City of Arden Hills
City Council Meeting for October 29, 2012
Ordinance 2012-009
STATE OF MINNESOTA
COUNTY OF RAMSEY
CITY OF ARDEN HILLS
ORDINANCE 2012-009
AN ORDINANCE AMENDING SECTIONS 500.1 and 500.3 OF THE CITY CODE
The Arden Hills City Council hereby ordains that Chapter 5, Sections 500.1 and 500.3 of the City
Code shall hereby be amended as follows:
500.1 Definitions.
Subd. 16 Brewer. A person who manufactures malt liquor for sale and/or distribution.
Subd. 17 Brewer Taproom. A facility on the premises of and accessory to a licensed
brewery intended for the on-sale consumption and limited off-sale of beer produced on
site by the brewer as authorized by Minnesota statutes section 340A.301, subdivision 6b.
500.3 Types of Licenses.
9. Brewer taproom license. A brewer who has a license from the Commissioner of
Public Safety to brew up to 250,000 barrels of malt liquor per year may be issued
a license by the City for on-sale of malt liquor subject to the following conditions:
a. The malt liquor sold on sale for consumption must be produced by the
brewer on the licensed premises.
b. No other beverages containing alcohol may be sold or consumed on the
licensed premises.
C. A brewer may only have one taproom license.
d. Hours of operation for on-sale of malt liquor at a brewer taproom. No sale
of intoxicating liquor for consumption on the licensed premises may be
made before 8:00 a.m. or after 10:00 p.m. on Monday through Sunday.
e. A restaurant is not allowed at a brewery with a taproom license. The
brewer would, however, be allowed to sell simple pre-packaged snacks (chips,
peanuts, popcorn, etc.) for consumption on-site.
10. Brewer Off-Sale Malt Liquor License. A brewer who has a license from the
Commissioner of Public Safety to brew up to 3,500 barrels of malt liquor per year
Page 1 of 3
Ordinance 2012-009
may with the approval of the Commissioner of Public Safety be issued a license
by the City for off-sale of malt liquor subject to the following conditions:
a. The malt liquor sold off-sale must be produced and packaged on the
licensed premises.
b. Off-sale of malt liquor shall be limited to the legal hours for off-sale
pursuant to section 500.3, Subdivision 9(d).
C. The malt liquor sold off-sale must be removed from the licensed premises
before the applicable off-sale closing time pursuant to section 500.3,
Subdivision 9(d).
d. The malt liquor sold off-sale shall be packaged in 64-ounce containers
commonly known as "growlers" or 750 milliliter containers commonly
known as "bombers" and shall have the following requirements for
packaging:
1. The containers shall bear a twist type closure, cork, stopper or
plug.
2. At the time of sale, a paper or plastic adhesive band, strip or sleeve
shall be applied to the container or bottle and extend over the top
of the twist type closure, cork, stopper or plug forming a seal that
must be broken upon opening of the container or bottle.
3. The adhesive band, strip or sleeve shall bear the name and address
of the brewer/licensee selling the malt liquor.
4. The containers or bottles shall be identified as malt liquor, contain
the name of the malt liquor, bear the name and address of the
brewer/licensee selling the malt liquor, and the contents in the
container packaged as required herein shall be considered
intoxicating liquor unless the alcoholic content is labeled as
otherwise in accordance with the provisions of Minnesota Rules,
part 7515.1100.
e. The retail sales for a brewer/licensee under this subsection may not exceed
3,500 barrels per year, provided that off-sales may not total more than 50
percent of the brewer/licensee's production or 500 barrels, whichever is
less.
f. A brewer operating a brewer taproom may hold or have an interest in
other retail on-sale licenses, but may not have an ownership interest in
whole or in part, or be an officer, director, agent or employee of, any other
manufacturer, brewer, importer, or wholesaler or be an affiliate thereof,
whether the affiliation is corporate or by management, direction or control.
Notwithstanding this prohibition, a brewer licensed under this provision
Page 2 of 3
Ordinance 2012-009
may be an affiliate or subsidiary company of a brewer licensed in
Minnesota or elsewhere if that brewer's only manufacture of malt liquor
is:
1. As a brewer taproom as defined herein and limited to the
regulations of a brewer taproom by this chapter;
2. Manufactured in another state for consumption exclusively in a
restaurant located in the place of manufacture or brewing; or
3. Manufactured in another state for consumption primarily in a
restaurant located in or immediately adjacent to the place of
manufacture, if the brewer was licensed subject to the regulations
herein on January 1, 1995.
Effective Date. This Ordinance shall become effective the day following its publication.
Adoption Date. Passed by the City Council of the City of Arden Hills the 29th Day of October,
2012.
DAVID GRANT, MAYOR
ATTEST:
PATRICK KLAERS
CITY ADMINISTRATOR
Publication Date:
Page 3 of 3
CITY OF ARDEN HILLS
COUNTY OF RAMSEY
STATE OF MINNESOTA
SUMMARY OF ORDINANCE NO. 2012-009
On the 291h day of October, 2012,the Arden Hills City Council adopted Ordinance No.
2012-008, and by four affirmative votes pursuant to Minn. Stat. §412.191, Subd. 4, directed that
a summary of Ordinance 2012-009 be published.
Ordinance 2012-009 is entitled"Amendments to Chapter 5 of the City Code Regarding
Brewers and Taprooms in the City."
A full copy of Ordinance 2012-009 is available for inspection by any person during
regular business hours at the office of the City Administrator, 1245 West Highway 96, Arden
Hills, Minnesota 55112. The Ordinance is also available online at http://www.ci.arden-
hills.mn.us.
Attachment
October 3 , 2012, Report to the Planning
Commission
http://www.ci.ardenhills.mn.us/planningcase
,AMEN HILLS
City of Arden Hills
City Council Meeting for October 29, 2012