Section
Brew Pubs, Breweries and the Like
110.01 State law adopted
110.02 City may be more restrictive than state law
110.03 License required
110.04 Application for license
110.05 License fees
110.06 Granting licenses
110.07 Persons ineligible for license
110.08 Places ineligible for license
110.09 Conditions of license
110.10 Restrictions on purchase and consumption
110.11 Suspension and revocation of license
Intoxicating and 3.2% Malt Liquor
110.25 Provisions of state law adopted
110.26 City may be more restrictive than state law
110.27 Municipal liquor store established
110.28 License required
110.29 On-sale intoxicating liquor licenses
110.30 Application for license
110.31 License fees
110.32 Granting of licenses
110.33 Person ineligible for license
110.34 Places ineligible for license
110.35 Conditions of license
110.36 Restriction on purchase and consumption
110.37 Suspension and revocation
110.38 Intoxicating liquor; off-sale
110.99 Penalty
BREW PUBS, BREWERIES AND THE LIKE
The provisions of M.S. Ch. 340A, as it may be amended from time to time, with reference to the definition of terms, conditions of operation, restrictions on consumption, provisions relating to sales, hours of sale and all other matters pertaining to the retail sale, distribution and consumption of intoxicating liquor and 3.2% malt liquor are hereby adopted by reference and are made part of this subchapter as if set out in full. It is the intention of the City Council that all future amendments to M.S. Ch. 340A, as it may be amended from time to time, are hereby adopted by reference or referenced as if they had been in existence at the time this subchapter is adopted.
(Ord. 381, passed 1-9-2017)
The Council is authorized by the provisions of M.S. § 340A.509, as it may be amended from time to time, to impose, and has imposed in this subchapter, additional restrictions on the sale and possession of alcoholic beverages within its limits beyond those contained in M.S. Ch. 340A, as it may be amended from time to time.
(Ord. 381, passed 1-9-2017)
(A) General requirement. No person may directly or indirectly manufacture or sell wholesale intoxicating liquor or 3.2% malt liquor without obtaining an appropriate license from the Commissioner, except where otherwise provided in this subchapter. The following types of licenses may be issued in the city.
(B) Classification of licenses.
(1) Brew pub. BREW PUB is a brewer who also holds one or more retail on-sale licenses and who manufactures fewer than 3,500 barrels of malt liquor in a year, at any one licensed premises, the entire production of which is solely for consumption on tap on any licensed premises owned by the brewer, or for off-sale from those licensed premises as permitted in M.S. § 340A.24, subd. 2, as it may be amended from time to time.
(a) On-sale license. A brew pub may be issued an on-sale intoxicating liquor or 3.2% malt liquor license by the city for a restaurant operated in the place of manufacture.
(b) Off-sale license. Notwithstanding M.S. § 340A.405, as it may be amended from time to time, a brew pub that holds an on-sale license issued pursuant to this section may, with the approval of the Commissioner, be issued a license by the city for off-sale of malt liquor produced and packaged on the licensed premises. Off-sale of malt liquor shall be limited to the legal hours for off-sale at exclusive liquor stores in the jurisdiction in which the brew pub is located, and the malt liquor sold off-sale must be removed from the premises before the applicable off-sale closing time at exclusive liquor stores. Packaging of malt liquor for off-sale under this division (B)(1)(b) must comply with M.S. § 340A.285, as it may be amended from time to time.
(c) Total retail sales. A brew pub’s total retail sales at on- or off-sale under this section may not exceed 3,500 barrels per year; provided that, off-sales may not total more than 500 barrels.
(2) Brewer taprooms.
(a) Brewer taproom license.
1. The city may issue the holder of a brewer’s license under M.S. § 340A.301, subd. 6(c), (6)(i) or (6)(j), as it may be amended from time to time, a brewer taproom license. A 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. Nothing in this division (B)(2)(a) precludes the holder of a brewer taproom license from also holding a license to operate a restaurant at the brewery. M.S. § 340A.409, as it may be amended from time to time, shall apply to a license issued under this division (B)(2)(a). All provisions of this chapter that apply to a retail liquor license shall apply to a license issued under this division (B)(2)(a) unless the provision is explicitly inconsistent with this division (B)(2)(a).
2. A brewer my only have one taproom license under this division (B)(2)(a), and may not have an ownership interest in a brew pub.
(b) Sunday on-sale. Notwithstanding M.S. § 340A.504, subd. 3, as it may be amended from time to time, a taproom may be open and may conduct on-sale business on Sundays.
(3) Small brewer off-sale.
(a) License limitations. A brewer licensed under M.S. § 340A.301, subd. 6(c), (6)(i) or (6)(j), as it may be amended from time to time, may be issued a license for off-sale of malt liquor at its licensed premises that has been produced and packaged by the brewer. The license must be approved by the Commissioner. A brewer may only have one license under this division (B)(3)(a). The amount of malt liquor sold at off-sale may not exceed 500 barrels annually. Off-sale of malt liquor shall be limited to the legal hours for off-sale at exclusive liquor stores in the jurisdiction in which the brewer is located. The malt liquor sold off-sale must be removed from the premises before the applicable off-sale closing time at exclusive liquor stores. Malt liquor in growlers may be sold at off-sale on Sundays. Packaging of malt liquor for off-sale under this division (B)(3)(a) must comply with M.S. § 340A.285, as hereinafter adopted and as may be amended from time to time.
(b) Prohibition. The city may not issue a license under this section to a brewer if the brewer seeking the license, or any person having an economic interest in the license or exercising control over the brewer seeking the license, is a brewer that brews more than 20,000 barrels of its own brands of malt liquor annually or a winery that produces more than 25,000 gallons of wine annually.
(4) Brewer temporary on-sale. Brewer temporary on-sale intoxicating liquor licenses may be issued, with the approval of the Commissioner of Public Safety, to brewers who manufacture fewer than 3,500 barrels of malt liquor in a year and are licensed for the on-sale of intoxicating liquor in connection with a social event within the city sponsored by the brewer.
(Ord. 381, passed 1-9-2017)
(A) Form. Every application for a license to sell liquor shall state the name of the applicant, age, representations as to character (with such references as the Council may require), citizenship, the type of license applied for, the business in connection with which the proposed license will operate and its location, whether the applicant is owner and operator of the business, how long he or she has been in that business at the place and such other information as the Council may require from time to time. Every application shall also include a copy of each summons received by the applicant under M.S. § 340A.802, as it may be amended from time to time, during the preceding year. Per M.S. § 340A.409,, as it may be amended from time to time, in addition to containing such information, the application shall be in the form prescribed by the Department of Public Safety and shall be verified and filed with the City Administrator. No person shall make a false statement in an application. Proof of liquor liability insurance must accompany the application.
(B) Financial responsibility. No liquor license may be issued, maintained or renewed unless the applicant demonstrates proof of financial responsibility as defined in M.S. § 340A.409, as it may be amended from time to time, with regard to liability under M.S. § 340A.801 (dram shop laws), as it may be amended from time to time. Such proof shall be filed with the Department of Public Safety and the City Administrator. Any liability insurance policy filed as proof of financial responsibility under this division (B) shall conform to M.S. § 340A.409, as it may be amended from time to time. Notwithstanding the foregoing, this section shall not apply to licensees who by affidavit establish that:
(1) They are on-sale 3.2% malt liquor licensees with sales of less than $25,000 of 3.2% malt liquor for the preceding year;
(2) They are off-sale 3.2% malt liquor licensees with sales of less than $50,000 of 3.2% malt liquor for the preceding year;
(3) They are holders of an on-sale wine license with sales of less than $25,000 for wine for the preceding year; or
(4) They are holders of temporary wine licenses issued under law.
(Ord. 381, passed 1-9-2017)
(A) Fees. The fee for a liquor license shall be as set forth in the Fee Schedule in § 33.01 of this code of ordinances.
(B) Payment. Each application for a license shall be accompanied by a receipt from the City Administrator for payment in full of the license fee and the fixed investigation fee required under § 110.07(A) of this chapter, if any. All fees shall be paid into the General Fund. If an application for a license is rejected, the City Administrator shall refund the amount paid as the license fee.
(C) Term; pro rata fee.
(1) Each license, except temporary licenses, shall be issued for a period of one year; except that, if the application is made during the license year, a license may be issued for the remainder of the year for a pro rata fee, with an unexpired fraction of a month being counted as one month.
(2) Every license, except temporary licenses, shall expire on June 30.
(D) Refunds. No refund of any fee shall be made, except as authorized by statute.
(Ord. 381, passed 1-9-2017)
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