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HomeMy WebLinkAboutOrdinance 925 ORDINANCE 925 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE AMENDING TITLE 500, CHAPTER 502, TO ADD MICROBREWERIES, DISTILLED SPIRITS, MICRODISTILLERIES AND TAPROOMS BUSINESS LICENSING TO THE LIQUOR CODE The City of Mounds View ordains: SECTION 1. The Mounds View City Council hereby amends Chapter 502 of the Mounds View City Code by deleting the stricken language and adding the underlined text as follows: CHAPTER 502 INTOXICATING LIQUOR SECTION: 502.01: Definitions 502.02: License Required 502.03: License Classifications 502.04: Eligibility for License 502.05: Application for License 502.06: License Fees 502.07: Proof of Financial Responsibility 502.08: License Hearing 502.09: Review and Investigation of Application; Issuance or Denial 502.10: Effective Date of License 502.11: Conduct of Business; Conditions of License 502.12: Hours and Days of Sales 502.13: Prohibited or Restricted Acts and Conditions 502.14: Minors 502.15: Zoning Restrictions 502.16: Suspension or Revocation of License 502.17: Violation of Provisions 502.01: DEFINITIONS: When used in this Chapter, the following words and phrases shall have the meanings ascribed to them: (Amended, Ord. 843, 5-20-10) Ordinance 925 Page 2 Subd. 1. 3.2 Percent (3.2%) MALT LIQUOR: Malt liquor containing not less than onehalf (1/2) of one (1%) percent alcohol by volume nor more than 3.2 Percent (3.2%) alcohol by weight. (Added, Ord. 843, 5-20-10) Subd. 2. ALCOHOLIC BEVERAGE: Any beverage containing more than one-half (1/2) of one percent (1%) alcohol by volume. (Added, Ord. 843, 5-20-10) Subd. 3. BREWER: A person who manufactures malt liquor for sale. (Added, Ord. 843, 5-20-10) Subd. 4. CABARET: A restaurant, night club or other place of amusement where dancing is permitted incidentally but is not operated primarily as a business to provide dancing facilities for a charge. (Amended, Ord. 843, 5-20-10) Subd 5. COCKTAIL ROOM: a Microdistillery licensed by the Minnesota Department of Public Safety; and is licensed by the City for on-sale and/or off- sale of distilled liquor produced by the distiller for consumption on the premises of or adjacent to one distillery location owned by the distiller. A Cocktail Room may include a restaurant at the Microdistillery. Subd. 5 6. COMMISSIONER: The Commissioner of the Minnesota Department of Public Safety except as otherwise provided. (Added, Ord. 843, 5-20-10) Subd. 6 7. CLUB: An incorporated organization organized under the laws of the state for civic, fraternal, social, or business purposes, for intellectual improvement, or for the promotion of sports, or a congressionally chartered veterans' organization, which; (Added, Ord. 843, 5-20-10) a. Has more than thirty (30) members; (Added, Ord. 843, 5-20-10) b. Has owned or rented a building or space in a building for more than one (1) year that is suitable and adequate for the accommodation of its members; and (Added, Ord. 843, 5-20-10) c. Is directed by a board of directors, executive committee or other similar body chosen by the members at a meeting held for that purpose. No member, officer, agent, or employee shall receive any profit from the distribution or sale of beverages to the members of the club, or their guests, beyond a reasonable salary or wages fixed and voted each year by the governing body. (Added, Ord. 843, 5-20-10) Subd. 8. 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. (Added, Ord. 843, 5-20-10) Ordinance 925 Page 3 Subd. 8 9. EXCLUSIVE LIQUOR STORE: An establishment used exclusively for the sale of: alcoholic beverages; tobacco products; ice; beverages (liquid or powder) specifically designed for mixing with intoxicating liquor; soft drinks; liqueur-filled candies; food products that contain more than one-half (1/2) of one percent (1%) alcohol by volume; cork extraction devices; books and videos on the use of alcoholic beverages; magazines and other publications published primarily for information and education on alcoholic beverages; multiple-use bags designed to carry purchased items; devices designed to ensure safe storage and monitoring of alcohol in the home to prevent access by underage drinkers' and home brewing equipment. (Added, Ord. 843, 5-20- 10) Subd. 10. GAMBLING DEVICE: A contrivance the purpose of which is that for a consideration a player is afforded an opportunity to obtain something of value, other than free plays, automatically from the machine or otherwise, the award of which is determined principally by chance, whether or not the contrivance is actually played. A gambling device includes a video game of chance as defined by Minnesota Statutes, Section 609.75, subdivision 8. (Added, Ord. 843, 5-20-10) Subd. 11. GROWLER a container used in the package and sale of malt liquor, sixty-four (64) ounces in size 9 or one-half gallon). Subd. 10 12. HOTEL: An establishment where food and lodging are regularly furnished to transients and which has: (Added, Ord. 843, 5-20-10) a. A dining room serving the general public at tables and having facilities for seating at least thirty (30) guests at one (1) time; and (Added, Ord. 843, 5-20-10) b. A minimum of ten (10) guest rooms. (Added, Ord. 843, 5-20-10) Subd. 13. INTOXICATING LIQUOR: Ethyl alcohol, distilled, fermented, spirituous, vinous and malt beverages containing more than 3.2 Percent (3.2%) of alcohol by weight. (Added, Ord. 843, 5-20-10) Subd. 12 14. LICENSED PREMISES: The premises described in the approved license application, subject to the space limitations set forth in Minnesota Statutes, Section 340A.410, subdivision 7. In the case of a restaurant, club or exclusive liquor store licensed for on-sales of alcoholic beverages and located on a golf course, "licensed premises" means the entire golf course except for areas where motor vehicles are regularly parked or operated. (Added, Ord. 843, 5-20-10) Subd. 13 15. MALT LIQUOR: Any beer, ale, or other beverage made from malt by fermentation and containing not less than one-half of one percent alcohol by volume. (Added, Ord. 843, 5-20-10) Ordinance 925 Page 4 Subd. 1-4 16. MANUFACTURER: A person who, by a process of manufacture, fermenting, brewing, distilling, refining, rectifying, blending or by the combination of different materials, prepares or produces intoxicating liquor for sale. (Added, Ord. 843, 5-20-10) Subd. 17. MICROBREWERY: a facility operated by a person licensed by the Minnesota Department of Public Safety as a Minnesota Micro Brewer, Small Minnesota Brewer or Minnesota Brewer producing not more than 250,000 barrels of malt liquor annually. Subd 18. MICRODISTILLERY a distillery operated within the state producing premium distilled spirits in total qualtity not to exceed 40,000 proof gallons in a calendar year. Subd. 4-5 19. PREMISES: All buildings and structures, as well as all parking lots, driveways, landscaped areas, steps, passageways and vestibules, located outside of said building or structure. (Amended, Ord. 843, 5-20-10) Subd. 20. TAPROOM: a Microbrewery licensed by the Minnesota Department of Public Safety; and is licensed by the City for on-sale and/or all-sale of malt liquor produced by the brewer for consumption on the premises of or adjacent to one brewery location owned by the brewer. A Taproom may include a restaurant at a Microbrewery. Subd. 16 21. WHOLESALER: A person who sells alcoholic beverages to persons to whom sale is permitted under Minnesota Statutes, Section 340A.310 from a stock maintained in a warehouse in the State of Minnesota. (Added, Ord. 843, 5-20-10) Subd. 17 22. WINE: The product made from the normal alcoholic fermentation of grapes, including still wine, sparkling and carbonated wine, sine made from condensed grape must, wine made from other agricultural products than sound, ripe grapes, imitation wine, compounds sold as wine, vermouth, cider, perry and sake, in each instance containing not less than one-half of one percent nor more than twenty four percent (24%) alcohol by volume for non-industrial use. Wine does not include distilled spirits. (Added, Ord. 843, 5-20-10) 502.03: LICENSE CLASSIFICATIONS: Subd, 8. Brewery Taproom License. A brewer who has a license from the Commissioner of Public Safety to brew up to 250,000 barrels of malt per year may be issued a license by the City for on-sale of malt liquor subject to the following conditions: Ordinance 925 Page 5 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. The brewer would, however, be allowed to sell simple pre-package snacks (chips, peanuts, popcorn, etc) for consumption on-site. e. The holder of a Brewery Taproom License who also holds a Brewery Off- Sale Malt Liquor License is permitted to sell Growlers, with a capacity of up to sixty-four (64) ounces, for the take-out or off-sale of craft beer. Subd. 9. Brewery Off-Sale Malt Liquor License. A brewer who has a license from the Commissioner of Public Safety in accordance with Minnesota State Statute §340A.285 may with the approval of the Commissioner of Public Safety be issued a license by the City of off-sale of malt liquor. Off-sale of liquor shall be limited to the legal hours for off sale pursuant to §502.12 of the City Code. Subd, 10. Microdistillery with cocktail room license: The owner of the micro distillery qualifies for and receives a micro distillery license from the State of Minnesota, according to Minnesota Statutes Section 340A. a. Microdistillery cocktail room — on-sale license: the owner of the micro distillery qualifies for and receives a micro distillery cocktail room — on- sale license from the City. b. Microdistillery Off-sale. Off-sale of liquor produced in the microdistillery shall require a micro distillery license for off-sale of liquor. Subd. 11. Sunday Growler Off-Sale: Authorizes a brewer that manufactures less than twenty thousand (20,000) barrels of malt liquor per year to sell malt liquor to the public in sixty-four (64) ounce containers, commonly known as Growlers as permitted by Minnesota Statutes §340A.301, on Sundays between the hours of 8:00 a.m. to 10:00 p.m Ordinance 925 Page 6 502.04: ELIGIBILITY FOR LICENSE: Subd. 2. Places Ineligible for License: b. No intoxicating liquor or wine license shall be granted for any premises that is within has a property lino five hundred (500) feet of Edgewood or Pinewood schools a property line of any school or within two hundred (200) feet of any permanently sited church located in Mounds View, as measured from the front door or outdoor seating area of the licensed premises and the closest point of the school or church principal structure. except that the The five hundred (500) or two hundred (200) foot feet restriction shall not apply and a license may be granted for any licensed premises that receives at least sixty percent (60%) of its annual gross sales revenue from the sale of food. The licensee must provide evidence to the City on an annual basis as part of the license renewal process that the licensee has complied with the minimum sixty percent (60%) food sales requirement of this Section. Failure to comply with the minimum sixty percent (60%) food sales requirement of this Section shall be cause for suspension, revocation or denial of renewal of the license. 502.12: HOURS AND DAYS OF SALES: Subd. 1. General Restrictions: No sale of intoxicating liquor for consumption on the licensed premises shall be made between the hours of two o'clock (2:00) A.M. and eight o'clock (8:00) A.M. on the days of Monday through Saturday. No sale of intoxicating liquor shall be made by an off-sale licensee before eight o'clock (8:00) A.M. or after eight o'clock (8:00) P.M. on any day except Friday and Saturday, on which days sales may be made until ten o'clock (10:00) P.M. No sale of intoxicating liquor shall be made by an off-sale licensee on Sundays. No off-sale of intoxicating liquor shall be made on Thanksgiving Day, Christmas Day or after eight o'clock (8:00) P.M. on December 24th. (Amended, Ord. 717, 7-28-03; Ord. 843, 5-20-10) Subd. 2. Sunday Sales: Notwithstanding the provisions of subdivision 1 of this Section, and unless the business has obtained a Sunday Growler Off Sale License, restaurants, clubs, bowling centers and hotels with seating capacities for at least thirty (30) persons and which hold an on-sale intoxicating liquor license may serve intoxicating liquor between the hours of eight o'clock (8:00) A.M. and two o'clock (2:00) A.M. on Sundays in conjunction with the sale of food upon obtaining a Sunday Sales license from the City. (Ord. 475, 10-9-89; Amended, Ord. 717, 7-28-03; Ord. 843, 5-20- 10; Ord. 851, 10-7-10; Ordinance 911, 01-25-16) Subd. 3. Sunday Growler Off-Sale: Pursuant to §502.03, subd., 11, of the City Code, a brewer that manufactures less than twenty thousand (20,000) barrels of Ordinance 925 Page 7 malt liquor per year is authorized to sell malt liquor to the public in sixty-four (64) ounce containers, commonly known as Growlers as permitted by Minnesota Statutes §340A.301, on Sundays between the hours of 8:00 a.m. to 10:00 p.m, upon obtaining a Sunday Growler Off-Sale License. SECTION 2. In accordance with Section 3.07 of the City Charter, City staff shall have the following summary printed in the official City newspaper in lieu of the complete ordinance: On August 22, 2016, the City Council adopted Ordinance 925 that amends Title 500, Chapter 502 of the City Code to add Micro Breweries, National Breweries, Regional Breweries, Brewpubs, Distilled Spirits, Microdistilleries, and Taprooms Business Licensing to the City's Liquor Code. A printed copy of the ordinance is available for inspection during regular business hours at Mounds View City Hall and is available on line at the City's web site located at www.ci.mounds-view.mn.us. SECTION 3. This ordinance shall take effect and be in force on October 2, 2016, in accordance with Sections 2.07 and 3.09 of the City Charter. Introduction and First Reading by the Mounds View City Council on August 8, 2016. Second Reading and Adoption by the Mounds View City Council on August 22, 2016. Publication Date: September 2, 2016 Joe Flaherty, ayor ATTEST: arA--Vv•--LA James Ericson, City Administrator (seal)