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Home My WebLink About2359-08 - ADMIN Ordinance - City Council - 2008/08/04• ORDINANCE NO. 2359-08 AN ORDINANCE AMENDING CHAPTER 3, SECTIONS 3-32, 3-57, 3-61 OF THE ST. LOUIS PARK CODE OF ORDINANCES CONCERNING ALCOHOLIC BEVERAGES THE CITY OF ST. LOUIS PARK DOES ORDAIN: SECTION 1. Section 3-32 of the City Code is hereby amended to read as follows by deleting stricken language and adding underscored language: Brewpub means an establishment in which malt liquor is brewed or manufactured for sale and consumption on tap on the premises where the malt liquor is brewed or for sale and personal consumption off the brewer's premises. SECTION 2. Section 3-57 of the City Code is hereby amended to read as follows by deleting stricken language and adding underscored language: • (2) Of -sale intoxicating liquor license. Off -sale intoxicating liquor licenses may be issued to an exclusive liquor store, and shall permit off -sale of intoxicating liquor and 3.2 percent malt liquor. (12) Brewpub offsale malt liquor license. A brew pub off -sale malt liquor license may be issued, with the approval of the commissioner, to a brewer who holds an on -sale intoxicating liquor or 3.2 percent malt liquor license issued by the city for a restaurant operated in the place of manufacture, 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 3-105. c. The malt liquor sold off -sale must be removed from the licensed premises before the applicable off -sale closing time pursuant to section 3-105. d. The malt liquor sold of sale shall be packaged in 64 -ounce containers commonly known as "growlers," 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 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. Ordinance No. 2359-08 -2- 4) The containers 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 at on -sale or off -sale 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 brewpub 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 is: 1) As a brewpub as defined herein and limited to the regulations of a brewpub 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. SECTION 3. Section 3-61 of the City Code is hereby amended to read as follows by deleting stricken language and adding underscored language: Except a stated otherwise in this division, all applicants for a liquor license or consumption and display permit must, as a condition to the issuance of such license or permit, demonstrate to the city proof of financial responsibility with regard to liability imposed by M.S.A. § 340A.801, by providing proof of liquor liability, dram shop, gcncral liability and worker's compensation insurance coverage. (1) Liability. Proof of financial responsibility shall be given by filing one of the following: a. A certificate stating that there is in effect for the license period an insurance policy issued by an insurer required to be licensed under M.S.A. 60A.07, subd. 4, or by an insurer recognized as an eligible surplus lines carrier pursuant to M.S.A. § 60A.206, or pool providing at least the insurance coverage amounts as shall be sct from timc to timc by the city and a schcdulc of such insurancc ratcs arc listed required by M.S.A. 4 340A.409. Ordinance No. 2359-08 -3- b. A certificate of the commissioner of finance stating that the licensee has deposited with the commissioner of finance $100,009 ifr cash or securities which may legally be purchased by savings banks or for trust funds having a market value of 00,000.00 in an amount required by M.S.A. 340A.409. (2) Dram shop. An annual aggregate policy limit for dram shop insurance of not less than the amounts as shall be sct form timc to timc by the city and a schedule of such insurancc ratcs arc listed in appcndix A to this Code required by M.S.A. 4 340A.409 may be included in the policy provisions. SECTION 4. Appendix A Fee Schedule, Chapter 3: Alcoholic Beverages, is hereby amended by adding the following language: Brewpub Off -Sale Malt Liquor License $100 SECTION 5. This ordinance shall be deemed adopted and take effect fifteen days after its publication. Revi - ,ed First Reading July 21, 2008 Second Reading August 4, 2008 Date of Publication August 14, 2008 Date Ordinance takes effect August 29, 2008 ministration /I` =ual ��I =MMI City Ma a!,! r' Attest: Adopted,by-tie City Council August 4, 2008 Mayor Appro as -to Form and Execution: ty Attorney _ IP .._, 0 newspapers AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ) ) ss COUNTY OF HENNEPIN ) Richard Hendrickson, being duly sworn on an oath, states or affirms that he is the Chief Financial Officer of the newspaper(s) known as St Louis Park Sun -Sailor 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 provid- ed by Minn Stat §331A 02, §331A 07, and other applicable laws as amended (B) The printed public notice that is attached was published in said newspaper(s) once each week, for one successive week(s), it was first published on Thurs- day, the 14 day of August 2008, and was thereafter printed and published on every Thursday to and in- cluding Thursday, the ___ day of 2008, and printed below is a copy of the lower case alpha- bet 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 BY abcdefghilklmnopgrstuvwxyz -4(L____'_ Subscribed and sworn to or affirmed before me on this 14 day of August , 2008 Notary Public MARY ANN CARLSON NOTARY PUBLIC — MINNESOTA MY COMMISSION EXPIRES 1-31-09 City of St. Louis Park (Official Publication) SUMMARY ORDINANCE NO 2359-08 AN ORDINANCE AMENDING CHAPTER 3, SECTIONS 3-32 3-57, 3-61 OF THE ST LOUIS PARK CODE OF ORDINANCES CONCERNING ALCOHOLIC BEVERAGES This ordinance amends the liquor licensing provisions for the City of Sl Louis Park to comply with state statute liquor license laws and regulations regarding brewpub off -sale malt liquor licensing and liquor liability This ordinance shall take effect 15 days after publication Adopted by the City Council August 4, 2008 Jeffrey W Jacobs /s/ Mayor A copy of the full text of this ordinance is available for in- spection with the City Clerk Published in St Lours Park Sailor August 14, 2008 (Aug 14, 2008) a3 -Ord 2359-08