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HomeMy WebLinkAbout2024-010 and Summary .It -SRPEN HILLS ORDINANCE NO. 2024-010 CITY OF ARDEN HILLS RAMSEY COUNTY, MINNESOTA AN ORDINANCE AMENDING CHAPTER 5, ALCOHOLIC BEVERAGES OF THE ARDEN HILLS CITY CODE CONCERNING EVENT CENTERS THE CITY COUNCIL OF THE CITY OF ARDEN HILLS, MINNESOTA, ORDAINS: SECTION 1. Chapter 5 — Alcoholic Beverages, Section 500 — General Provisions, Subsection 500.1 —Definitions and Subsection 500.3 —Types of Licenses, are hereby amended by adding the underlined language as follows: Chapter 5 - Alcoholic Beverages Section 500 - General Provisions 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 10/29/12) • 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. (added 3/11/13) • 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 10/29/12) • 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: Page 1 of 6 Have more than 30 members; 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. Event Center. An establishment which is rented by individuals or groups to host scheduled private events including but not limited to weddings, cultural celebrations, corporate functions, and banquets. Such use may or may not include 1) kitchen facilities for the preparation or catering of food; 2) the sale of alcoholic beverages for on-premises consumption onlduring scheduled events and not open to the eg neral public; and 3) outdoor gardens, patios or outdoor gathering areas. (added 9/23/24) • 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 'h 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. (added 3/11/13) Page 2 of 6 Microdistillery. A facility that manufactures and distributes premium, distilled spirits in total quantity not to exceed 40,000 proof gallons in a calendar year. (added 3/11/13) • Off-Sale. The sale of alcoholic beverages in original packages for consumption off the licensed premises only. 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 sprits. 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. o A restaurant operating_within an Event Center may apply for an On-Sale Intoxicating Liquor License that will be issued to the restaurant, with liquor service within the Event Center space allowed only during regular operating business hours of the restaurant as the licensee. (added 9/23/24) o An Event Center may utilize a State licensed caterer license for liquor service during an event in lieu of obtaining an On-Sale Intoxicating Liquor License through an on-site restaurant. (added 9/23/24) Temporary On-Sale Intoxicating Liquor License. A Temporary On-Sale Intoxicating Liquor License shall be issued only to a micro distillery, small brewer, 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 Page 3 of 6 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. (Revised 12/12/2022) • 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 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 a micro distillery, small brewer, or charitable, religious and non- profit organizations and shall permit the consumption of 3.2%malt liquor only on the licensed premises. (Revised 12/12/2022) • 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 10/29/12). 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: (revised 3/11/13) • The malt liquor or wine sold on sale for consumption must be produced by the brewer on the licensed premises. (revised 3/11/13) • 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. (revised 3/11/13) • 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 10/29/12). 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: (revised 3/11/13) Page 4 of 6 • The malt liquor or wine sold off-sale must be produced and packaged on the licensed premises. (revised 3/11/13) • Off-sale of malt liquor or wine shall be limited to the legal hours for off-sale pursuant to section 500.3, Subdivision 9(d). (revised 3/11/13) • 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). (revised 3/11/13) • 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: (revised 3/11/13) 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. (revised 3/11/13) 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. (revised 3/11/13) • 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: (revised 3/11/13) 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. Page 5 of 6 SECTION 2. Pursuant to Minn. Stat. §412.191, in the case of a lengthy ordinance, a summary may be published. While a copy of the entire ordinance is available without cost at the office of the City Clerk, the following summary is approved by the City Council and shall be published in lieu of publishing the entire ordinance: • Section 500.1 is amended by adding language to define an Event Center; • Section 500.3 is amended by adding an Event Center as a location that may utilize an On- Sale Intoxicating Liquor License in the following conditions: o A restaurant operating within an Event Center may apply for an On-Sale Intoxicating Liquor License that will be issued to the restaurant, with liquor service within the Event Center space allowed only during regular operating business hours of the restaurant as the licensee. o An Event Center may utilize a State licensed caterer license for liquor service during an event in lieu of obtaining an On-Sale Intoxicating Liquor License through an on-site restaurant. A printed copy of the whole ordinance is available for inspection by any person during the City's regular office hours at the City of Arden Hills, 1245 West Highway 96, Arden Hills, MN 55112. The Ordinance is also available on the City's website at http://www.cityofardenhills.com. SECTION 3. This Ordinance shall become effective immediately upon its passage and publication according to law. A Summary of this Ordinance will be published in accordance with state statute. PASSED and ADOPTED this 23rd day of September, 2024, by the City Council of the City of Arden Hills, Minnesota. CITY OF ARDEN HILLS By David Grant, Mayor ATTEST: J e Hanson, City Clerk Published in the Pioneer Press on sykt►6walb , 2024 To view the final document,access adopted Ordinances via Arden Hills Public Laserfiche Weblink by visiting cityofardenhills.org and clicking on Archived Documents under Helpful Links on our main webpage Page 6 of 6