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HomeMy WebLinkAbout2011-023 Council Ordinanceslst Reading: 12/12/11 Publication: tL1 711 2 Reading: 1/9/12 Effective: 2/ 1 6/ 1 2 Council Member Roeser ordinance: moved for adoption of the following CITY OF LINO LAKES ORDINANCE NO. 23-11 AMENDING TITLE 700, CHAPTERS 701 AND 702 OF THE LINO LAKES CODE OF ORDINANCES RELATING TO LIQUOR LICENSING AND BEER LICENSING. The City Council of the City of Lino Lakes, Anoka County, Minnesota, does ordain: Section 1. That Section 701.02 (1)(a) of the Lino Lakes Code of Ordinances be amended as follows: 701.02 LICENSE REQUIRED (1) General requirements. (a) No person, except a wholesaler or manufacturer, to the extent authorized under state license, shall directly or indirectly deal in, sell or keep for sale in the city any intoxicating liquor without first obtaining a license to do so as provided in this chapter. Each license shall be issued for a maximum period of one year, expiring on June 30 of each year. All licenses shall expire on the same date except temporary licenses that shall expire according to their terms. Liquor licenses shall be of seven eight kinds: 1. On -sale; 2. On -sale wine; 3. Off -sale; 4. Club license; 5. Sunday on -sale; 6. Temporary set-up license; and 7. Temporary on -sale,; and 8. On -sale brewer taproom. Section 2. That Section 701.02 of the Lino Lake Code of Ordinances be amended by adding a new Subdivision 9 to read as follows: (9) On -Sale Brewer taproom. On -sale brewer taproom license authorizes on -sale �,, of malt liquor produced by the brewer for consumption on the premises of or adjacent to one brewery location owned by the brewer, subject to the restrictions of this Chapter and Minnesota Statutes, Section 340A.301, subd. 6b, as it may be amended from time to time. Section 3. That Section 702.02 (1) of the Lino Lakes Code of Ordinances be amended as follows: (1) Licenses. No person, except wholesalers and manufacturers to the extent authorized by law, and except brewers with an on -sale brewer taproom license, shall deal in or dispose of by gift or otherwise, or keep or offer for sale, any beer within the city without first having received a license as hereinafter provided. Licenses shall be of three kinds: (a) Regular on -sale (b) Temporary on -sale; and (c) Off -sale. Section 4. That the City Fee Schedule be amended as follows: ALCOHOLIC BEVERAGES On -Sale Brewer Taproom e t: Julianne B . -11, 1 y Clerk Jeff Rei ► ert, ayor Adopted by the Lino Lakes City Council this 9th day of January, 2012. The motion for the adoption of the foregoing ordinance was duly seconded by Council Member Rafferty and upon a vote being taken thereon, the following voted in favor thereof: Roeser, Rafferty, O'Donnell, Stoesz, Reinert The following voted against same: none Whereupon said ordinance was declared duly passed and adopted. 2 CITY COUNCIL AGENDA ITEM 3C STAFF ORIGINATOR: Julie Bartell, City Clerk MEETING DATE: January 9, 2012 TOPIC: Second Reading and Adoption of Ordinance No. 23-11, Amending Title 700, Chapters 701 and 702 of the Lino Lakes Code of Ordinances, regarding Liquor and Beer Licensing, adding On -Sale Brewer Taproom License VOTE REQUIRED: 3/5 INTRODUCTION The Minnesota Legislature recently enacted legislation that allows state licensed breweries to offer their product on -sale at their brewery facility. The impetus of this change was a local based brewing company, Surley Brewing Company, who has proposed the development of a new brewery in Minnesota that would include a restaurant, beer garden and event center. The new legislation allows this type of on -sale activity only if the municipality in which the brewery is located allows it. BACKGROUND The Lino Lakes City Council directed staff to prepare an amendment to the city's Code of Ordinances to include this new type of license, an On -Sale Brewer Taproom License. The attached Ordinance No. 23-11 would add On -Sale Brewer Taproom as a city issued liquor license and would also add language to the Beer Code recognizing this type of sales. The On - Sale Brewer Taproom license would only be available for a brewery licensed by the state that meets both the overall requirements of the city code and the requirements of the Minnesota Statutes and after city council approval. One requirement of obtaining a city liquor license is location within an appropriately zoned area. Consideration of city zoning code amendments for brewer taproom activities has been reviewed by the Planning and Zoning Board and is currently being forwarded to the council by the Community Development Department. Related to adding this new license to the City Code is the establishment of an appropriate license fee. The established fee should correlate to the city's cost of licensing and enforcement. The background check requirement for a liquor license and the fee associated with that will also apply. t RECOMMENDATION The council approved the first reading of this ordinance on December 12, 2011. Staff recommends that the City Council approve the second reading and adoption of Ordinance No. 23-11, Amending Title 700, Chapters 701 and 702 of the Lino Lakes Code of Ordinances relating to Liquor Licensing and Beer Licensing, adding On -Sale Brewer Taproom License and establishing an annual license fee of $500.