(A) It is unlawful for any person or entity to sell, barter, keep for sale or otherwise dispose of malt liquor, directly or indirectly, on or from the premises on which the malt liquor is manufactured or brewed for off-site consumption without an off-sale malt liquor license from the city. This section does not apply to the disposal of home brewed or manufactured of malt liquor which is defined as brewed malt liquor in quantities of ten gallons or less.
(B) An off-sale malt liquor license may be issued only to a brewer who holds a brewer license issued by the Minnesota Commissioner of Public Safety under M.S. § 340A.301, subdivision 6, clause (c), (i) or (j). An off-sale malt liquor license shall be subject to the following requirements:
(1) An off-sale malt liquor license shall be issued exclusively for the premises on which the malt liquor is brewed and packaged.
(2) Only malt liquor brewed and packaged by the brewer on the licensed premises may be sold from the licensed premises.
(3) The off-sale malt liquor license issued by the city must be approved by the Minnesota Commissioner of Public Safety to be valid and effective.
(4) The amount of malt liquor sold at off-sale may not exceed 500 barrels annually. Commencing with a license renewal immediately following the year in 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 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.
(5) 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.
(6) The malt liquor sold off-sale under the off-sale malt liquor license shall be packed in 64-ounce containers, commonly known as “growlers”, or in 750 milliliter bottles, except only “growlers” may be sold off-sale on Sundays provided a Sunday sale permit has been issued. The containers or bottles shall bear a twist-type closure, cork, stopper, or plug. At the time of the sale, a paper or plastic adhesive band, strip, or sleeve shall be applied to the container or bottle and extended over the top of the twist-type closure, cork, stopper, or plug forming a seal that must be broken upon opening of the container or bottle. The adhesive band, strip, or sleeve shall bear the name and address of the brewer. The containers or bottles 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 liquor unless the alcoholic content is labeled as otherwise in accordance with the provisions of Minnesota Rules, part 7515.1100.
(7) A brewer may only have one license under this section.
(8) No off-sale malt liquor license may be issued to a brewer if the brewer seeking the license, or any person having an economic interest in the brewer seeking 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 250,000 gallons of wine annually.
(9) The license hereunder is 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.
(10) The license hereunder shall be subject to all the provisions under M.S. Chapter 340A (2015 and as may be hereafter amended) as applicable to brewer off-sale malt liquor licenses.
(Ord. 999, passed 10-22-15) Penalty, see § 111.99