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HomeMy WebLinkAbout2474-15 - ADMIN Ordinance - City Council - 2015/09/08ORDINANCE NO. 2474-15 ORDINANCE AMENDING CHAPTER 3, SECTION 57 TO PERMIT HOLDERS OF BREWPUB AND BREWER OFF -SALE MALT LIQUOR LICENSES TO SELL GROWLERS ON SUNDAYS; ELIMINATE CERTAIN RESTRICTIONS ON HOURS OF OPERATION FOR ON -SALE OF MALT LIQUOR AT BREWER TAPROOMS; AND AMENDING CHAPTER 3 SECTION 59 TO SUBJECT LIQUOR LICENSE RENEWAL APPLICATIONS TO INVESTIGATION FEE THE CITY OF ST. LOUIS PARK DOES ORDAIN: SECTION 1. Chapter 3 is amended as follows: ARTICLE II. SALE, CONSUMPTION AND DISPLAY Sec. 3-57 Classifications (12) Breurpub off- sale 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 except an establishment that holds a brewoub off -sale malt liquor license may sell malt liquor off -sale between the hours of 8:00 a.m. and 10:00 p.m. on Sundays. The malt liquor shall be packaged in 64 -ounce containers commonly known as growlers only. 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 off -sale shall be packaged in 64 -ounce containers commonly known as "growlers" or in 750 milliliter bottles and shall have the following requirements for packaging: (Ord. No. 2388-10,8-13-10) 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. 2474-15 -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. (13) Brewer off sale malt liquor license. A brewer who has a license from the Commissioner of Public Safety to brew 20,000 barrels of malt liquor 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 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 except an establishment that holds a brewer off -sale malt liquor license may sell malt liquor off -sale between the hours of 8:00 a.m. and 10:00 p.m. on Sundays. The malt liquor shall be packaged in 64 -ounce containers commonly known as growlers only. c. The malt liquor sold off -sale shall be packaged in 64 -ounce containers corrunonly known as "growlers" or in 750 milliliter bottles and shall have the following requirements for packaging: Ordinance No. 2474-15 -3- xxx 1) The containers or bottles 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. (14) Breiver taproom license. A brewer who has a license from the Commissioner of Public Safety to brew up to 20,000 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. A restaurant is not allowed at a brewery with a taproom license. e. On -sale of malt liauor shall be limited to the leaal hours for on sale pursuant to section 3-105 except an establishment that a holds a brewer taproom license may sell malt liquor produced by the brewer on the licensed premises on -sale for consumption between the hours 10:00 a.m. on Sundays and 2:00 a.m. on Mondays. Ordinance No. 2474-15 -4- See. 3-59. Retail license fees. (a) Annual fees. The annual fee for all licenses shall be set by the city council, by resolution, in amounts no greater than those set forth in M.S.A. ch. 340A. (b) Prorated fees. If a license application under this division is made during the license year, the license shall be issued for the remainder of the year for a pro rata fee, with any unexpired fraction of a month being counted as one month. (c) Investigation fees. Investigation fees shall be determined by resolution of the city council. Investigation fees are nonrefundable. Ne investigation fee shall be charged for- apglieation.. At any time that an additional investigation is required because of a change in the control of a corporate license, change in manager, change in location or enlargement of the premises, the licensee shall pay an additional investigation fee. Where a new application is filed as a result of incorporation or a change of name by an existing licensee and the ownership control and interest in the license are unchanged, no additional investigation fee will be required. (d) Payment. All fees required to be paid in connection with a license under this section shall be paid at the time of the filing of the license application. License and permit fees shall be paid into the general fund. SECTION 2. This Ordinance shall take effect fifteen days after its passage and publication. Park. City Attest: First Reading August 17, 2015 Second Reading September 8, 2015 Date of Publication September 17, 2015 Date Ordinance takes effect October 2, 2015 this 8th day of September, 2015 by the City Council of the City of St. Louis the City Council September 8, 2015 Approved as to form and execution: ,L e C' Clerk City Attorney AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ) ss COUNTY OF HENNEPIN Charlene Vold being duly sworn on an oath, statesor affirms that he/she is the Publisher's Designated Agent of the newspaper(s) known as: SS St Louis Park with the known office of issue being located in the county of: HENNEPIN with a substantial portion of the circulation in the counties of: HENNEPIN 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 09/17/2015 and the last insertion being on 09/17/2015. 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, ubd. 1, clause (I) or (2). If the newspaper's known office of issue is located in 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: Ag4A" A&Or Designated Agent Subscribed and sworn to or affirmed before me on 09/17/2015. Notary Public DARLENE MARIE MACPHEASON !'h Notary Public -Minnesota ---, � My CominflWon Explres Joh 31, 2019 1te Information: ,r) Lowest classified rate paid by commercial users for comparable space: $68.50 per column inch Ad ID 447875 City of St. Louis Park (Official Publication) ORDINANCE NO. 2474-15 ORDINANCE AMENDING CHAPTER 3, SECTION 57 TO PERMIT HOLDERS OF BREWPUB AND BREWER OFF -SALE MALT LIQUOR LICENSES TO SELL GROWLERS ON SUNDAYS; ELIM- INATE CERTAIN RESTRICTIONS ON HOURS OF OPERATION FOR ON -SALE OF MALT LIQUOR AT BREWER TAPROOMS; AND AMENDING CHAPTER 3 SEC- TION 59 TO SUBJECT LIQUOR LICENSE RENEWAL APPLICA- TIONS TO INVESTIGATION FEE This ordinance amends Chapter 3 of the City Code to permit hold- ers of brewpub off -sale malt liquor licenses and brewer off -sale malt liquor licenses to sell growlers on Sundays; eliminate certain restric- tions an hours of operation for on - sale of malt liquor at brewer tap- rooms; and to subject liquor license renewal applications to an a vesti- gation fee. Adopted by the City Council September 8, 2015 Jeffrey W. Jacobs /s/ Mayor A copy of the full text of this or- dinance is available for inspection with the City Clerk. Published In the St. Louis Park Sailor: September 17, 2015 9/17/15, 3SS3, Ord 2474-15 Summary, 447875