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HomeMy WebLinkAbout2013-002 I i I Ordinance 2013-002 STATE OF MINNESOTA COUNTY OF RAMSEY CITY OF ARDEN HILLS ORDINANCE 2013-002 AN ORDINANCE AMENDING SECTIONS 500.1 and 500.3 OF CHAPTER 5 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: Chapter 5 Alcoholic Beverages Section 500 - General Provisions (revised: October 26, 2009) 500.1 Definitions. For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them: • 3.2% Malt Liquor. Malt liquor containing not less than 1/2 of 1% alcohol by volume, nor more than 3.2% alcohol by weight. • Alcoholic Beverage. Any beverage containing more than '/2 of 1% alcohol by volume. • Brewer. A person who manufactures malt liquor for sale and/or distribution. (added: October 29, 2012) • 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. • 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. (added: October 29, 2012) • Club. An incorporated organization organized under the laws of the State of Minnesota for civil, fraternal, social or business purposes, for intellectual improvement, or for the promotion of sports, and which has been in existence in the City for fifteen (15) years; or a congressionally chartered veterans' organization which has been in existence in the City for ten (10) years; and are organizations that: ► Have more than 30 members; Page 1 of 6 Ordinance 2013-002 ► Have owned or rented a building, or space in a building, for more than one year that is suitable and adequate for the accommodation of its members; ► Are directed by a board of directors, executive committee or other similar body chosen by the members at a meeting held for that purpose; ► Do not distribute profits to officers, agents, employees or members or their guests, from the sale of alcoholic beverages beyond a reasonable salary or wage fixed and voted each year by the governing body; and ► Sell alcoholic beverages only to members and to their guests. • Distilled Spirits. Ethyl alcohol, hydrated oxide of ethyl, spirits of wine, whiskey, rum, brandy, gin, and other distilled spirits, including all dilutions and mixtures thereof, for non industrial use. • Exclusive Liquor Store. An establishment used exclusively for the sale of alcoholic beverages; tobacco products; ice; beverages, either liquid or powder, specifically designated for mixing with intoxicating liquor; soft drinks; liqueur-filled candies; food products that contain more than 1/2 of 1% alcohol by volume; cork extraction devices, books and videos on the use of alcoholic beverages; magazines and other publications published primarily for the information and education on alcoholic beverages; and home brewing equipment. • Hotel. An establishment where food and lodging are regularly furnished to transients and which has: ► dining room serving the general public at tables and having facilities for seating at least thirty (30) guests at one time; and ► guest rooms for at least ten (10) guests. • Intoxicating Liquor. Ethyl alcohol, distilled, fermented, spirituous, vinous, and malt beverages containing more than 3.2% of alcohol by weight. • Licensed Premises. The compact and contiguous space described in the approved license application. • 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. • Off-Sale. The sale of alcoholic beverages in original packages for consumption off the licensed premises only. Page 2 of 6 Ordinance 2013-002 • On-Sale. The sale of alcoholic beverages for consumption on the licensed premises only. • Package. A corked or sealed container of alcoholic beverages as provided by the manufacturer or distiller. • Person. An individual, a body politic or corporate, a partnership, and other unincorporated associations. • Restaurant. An establishment, other than a hotel, under the control of a single proprietor or manager, where meals are regularly prepared on the premises and served at tables to the general public, and having a minimum seating capacity for thirty (30) guests. • Sale. To directly, or indirectly, on any pretense or by any device, sell, barter, keep for sale, charge for possession, or otherwise dispose of alcoholic beverages as part of a commercial transaction. • Wine. The product made from the normal alcoholic fermentation of grapes, including still wine, sparkling and carbonated wine, wine made from condensed must, wine made from other agricultural products than sound, red grapes, imitation wine, compounds sold as wine, vermouth, cider, perry and sake, in each instance containing not less than '/2 of 1%, nor more than 24% alcohol by volume for non-industrial use. Wine does not include distilled spirits. 500.2 License Required. No person may sell alcoholic beverages without having obtained the appropriate alcoholic beverage license. 500.3 Types of Licenses. The following types of alcoholic beverage licenses may be issued in the City of Arden Hills: • Off-Sale Intoxicating Liquor License. An Off-Sale Intoxicating Liquor License shall only be issued to exclusive liquor stores. • On-Sale Intoxicating Liquor License. On-Sale Intoxicating Liquor Licenses shall only be issued to hotels, restaurants, clubs, or exclusive liquor stores. • Temporary On-Sale Intoxicating Liquor License. A Temporary On-Sale Intoxicating Liquor License shall be issued only to a club or a charitable, religious, or other non profit organization that has been in existence for three (3) years; or a political committee registered under M.S. 10A.14; or a state university or college; in connection with a social event sponsored by the licensee within the City. The Temporary On-Sale Intoxicating Liquor License may not authorize the sale for more than four (4) consecutive days and may not authorize sales on premises other than the premises that the licensee owns or occupies within the City. • On-Sale 3.2% Malt Liquor License. On-Sale 3.2% Malt Liquor Licenses shall only be issued to restaurants, hotels, clubs, bowling centers, and establishments used exclusively for the sale of 3.2% malt liquor for consumption only on the Page 3 of 6 Ordinance 2013-002 premises. • Off-Sale 3.2% Malt Liquor License. Off-Sale 3.2% Malt Liquor Licenses shall permit the sale of 3.2% malt liquor in the original package for consumption only off of the premises. • Temporary On-Sale 3.2% Malt Liquor Licenses. A Temporary On-Sale 3.2% Malt Liquor License shall only be issued to charitable, religious and non-profit organizations and shall permit the consumption of 3.2% malt liquor only on the licensed premises. • On-Sale Wine. On-sale wine licenses shall only be issued to a restaurant. A wine license permits the sale of wine up to 14% alcohol by volume for consumption with the sale of food. In no event shall an on-sale license be issued to a fast food restaurant as defined in the City Code. • Sunday On-Sale Intoxicating Liquor License. Sunday On-Sale Intoxicating Liquor Licenses shall be only issued to a restaurant, club, bowling center, or hotel; which holds an On-sale Intoxicating Liquor License. An establishment serving intoxicating liquor on Sundays must obtain a Sunday Liquor License. • Brewer Taproom License (added: October 29, 2012). A brewer who has a license from the Commissioner of Public Safety to brew up to 250,000 barrels of malt liquor or wine per year may be issued a license by the City for on-sale of malt liquor or wine subject to the following conditions: ► The malt liquor or wine sold on sale for consumption must be produced by the brewer on the licensed premises. ► No other beverages containing alcohol may be sold or consumed on the licensed premises. ► A brewer may only have one taproom license. ► Hours of operation for on-sale of malt liquor or wine 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. ► 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. • Brewer Off-Sale Malt Liquor License (added: October 29, 2012). A brewer who has a license from the Commissioner of Public Safety to brew up to 3,500 barrels of malt liquor or wine per year may with the approval of the Commissioner of Public Safety be issued a license by the City for off-sale of malt liquor or wine subject to the following conditions: ► The malt liquor or wine sold off-sale must be produced and packaged on the licensed premises. Page 4 of 6 Ordinance 2013-002 ► Off-sale of malt liquor shall be limited to the legal hours for off-sale pursuant to section 500.3, Subdivision 9(d). ► The malt liquor or wine 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). ► The malt liquor or wine 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 or wine. 4) The containers or bottles shall be identified as malt liquor or wine, contain the name of the malt liquor or wine, bear the name and address of the brewer/licensee selling the malt liquor or wine, 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. ► 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. ► 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 may be an affiliate or subsidiary company of a brewer licensed in Minnesota or elsewhere if that brewer's only manufacture of malt liquor or wine 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 Page 5 of 6 Ordinance 2013-002 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 1 ltn Day of March, 2013. DAVID GRANT, MAYOR ATTEST: PATRICK KLAERS CITY ADMINISTRATOR Page 6 of 6 Received MAR 2 2 2013 Affidavit of Publication City of Arden Hills State of Minnesota SS County of Ramsey ANNE THILLEN being duly sworn, on oath, says that he/she is the publisher or authorized agent and employee of the publisher of the newspaper known as SHORF,VIF.W BI1T,I,FTIN and has full knowledge of the facts which are stated below: (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended. (B) The printed SUMMARY OF ORDINANCE NO. 2013-002 which is attached was cut from the columns of said newspaper, and was printed and published once each week, for 1 successive weeks; it was first published on WEDNESDAY , the 20T11 day of MARCH 20 13 , and was thereafter printed and published on every to and including , the day of , 20 ; and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice: *ABCDEFGHIJKLMNOPQRSTUVWXYZ *ABCDEFGHIJKLMNOPQRSTUVWXYZ *abcdofghijklmnopgrstuvwxyz Subscribed and sworn to before me on TITLE LEGAL COORDINATOR this 20Tx day of MARCH 20 13 c Notary Public *Alphabet should be in the same size and kind of type as the notice. li� RATE INFORMATION „: My Commission Expires Jan 31,2615 (1) Lowest classified rate paid by commercial users for comparable space................................................................$25.00 per col. inch (2) Maximum rate allowed by law for the above matter..............................................$25.00 per col. inch (3) Rate actually charged for the above matter...........................................................$ per col. inch 1/13 CITY OF ARDEN HILLS COUNTY OF RAMSEY STATE OF MINNESOTA !;SUMMARY OF ORDINANCE i NO.2013-002 On the 11th day of March, 62013, the Arden Hills City (Council adopted Ordinance No. 2013-002, and by four 'affirmative votes pursuant to 'Minn. Stat. §412.191, Subd. 4, +directed that a summary of ;Ordinance 2013-002 be opublished. Ordinance 2013-002 is entitled "'Amendments to Chapter 5 of ,the City Code Regarding 'Brewers and Taprooms in the City" A full copy of Ordinance 12013-002 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 R .ci ofardenhills.org. '(Bulletin:Mar.20,2013) r