(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)