(A) It is unlawful for any person or entity, directly or indirectly, to operate a brewpub without the appropriate license issued by the Minnesota Commissioner of Public Safety in accordance with M.S. Chapter 340A, or to sell, barter, keep for sale or otherwise dispose of malt liquor on or from the premises on which the malt liquor is manufactured or brewed without an on-sale intoxicating liquor license or an off-sale license therefor from the city as provided herein. A brewer who holds a brewer license issued by the Minnesota Commissioner of Public Safety for the operation of a brewpub shall be subject to the provisions of this chapter, all other applicable provisions of the City Code, and other state and local laws relating to the operation of the licensee’s business.
(B) A licensed brewpub shall be subject to the following regulations:
(1) The brewpub shall be operated in and as a part of a restaurant establishment for which an on-sale intoxicating liquor license may be, and has been, issued.
(2) An off-sale license may be issued solely for the malt liquor produced and packaged on the licensed premises and only upon approval of the license by the Minnesota Commissioner of Public Safety. An off-sale license issued hereunder shall be subject to the payment of an annual off-sale malt liquor license fee as duly adopted and set forth in Chapter 35, Appendix Fee Schedule.
(3) The off-sale of malt liquor from the licensed premises shall be limited to the legal hours for off-sale intoxicating liquor and shall be removed from the premises before the off-sale closing time requirements. Off-sale of malt liquor on Sundays between the hours of 8:00 a.m. and 10:00 p.m. may occur provided the licensee has a valid Sunday sale permit from the city and only 64-ounce containers, commonly known as “growlers”, of malt liquor that was manufactured and brewed on the licensed premises may be sold. Malt liquor sold off-sale shall be packaged as required by state law set forth in M.S. Ch. 340A.
(4) Only malt liquor may be brewed or manufactured at the licensed premises and no more than 3,500 barrels of malt liquor in a year may be brewed or manufactured at the licensed premises.
(5) The entire production of malt liquor is solely for consumption on tap on the licensed premises or for off-sale for personal consumption from the licensed premises. No wholesale sale or sale for re-sale of the malt liquor shall be conducted.
(6) The malt liquor manufactured or brewed on the licensed premises and sold off-sale shall be packaged in 64-ounce containers, commonly known as “growlers”, or 750 milliliter bottles with a twist-type closure, cork, stopper, or plug as required by M.S. Chapter 340A.
(7) At the time of the 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.
(8) The container shall be identified as malt liquor, contain the name of the malt liquor, bear the name and address of the brewer selling the malt liquor, and shall be considered intoxicating liquors unless the alcohol content is labeled as otherwise in accordance with the provisions of Minnesota Rules.
(9) The brewpub’s total retail sales at on- and off-sale may not exceed 3,500 barrels per calendar year, provided that off-sales may not total more than 500 barrels. Commencing with a license renewal immediately following the first year which the license was initially issued, the licensee shall submit to the City Clerk a certified statement declaring the number of barrels of malt liquor produced and sold off-sale for the most recent preceding 12-month period beginning September 1 the preceding year and ending August 31 of the current license year.
(10) 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:
(a) As a brewpub as defined herein and limited to the regulations of a brewpub by this chapter;
(b) Manufactured in another state for consumption exclusively in a restaurant located in the place of manufacture or brewing; or
(c) 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.
(11) A brewpub holding an on-sale intoxicating liquor license shall be subject to all of the provisions and regulations for such license. A brewpub holding an off-sale license for the sale of malt liquor brewed on the premises shall be subject to all of the provisions and regulations for off-sale licenses set forth in this chapter.
(Ord. 999, passed 10-22-15) Penalty, see § 111.99