The city council of a city that does not have a municipal liquor store is authorized to issue the following licenses and permits, up to the number specified in section 3.06 of this chapter. The city council of a city which has a municipal liquor store is authorized to issue only those licenses specified in section 3.27 of this chapter or as allowed by Minnesota statutes 340A. (Ord. 87, 6th Series, eff. 6-6-2016)
A. 3.2 Percent Malt Liquor On-Sale License: 3.2 percent malt liquor on-sale licenses, which may be issued only to golf courses, restaurants, hotels, clubs, bowling centers, and establishments used exclusively for the sale of 3.2 percent malt liquor with the incidental sale of tobacco and soft drinks.
B. 3.2 Percent Malt Liquor Off-Sale License: 3.2 percent malt liquor off-sale licenses.
C. Temporary 3.2 Percent Malt Liquor License: Temporary 3.2 percent malt liquor licenses which may be issued only to a club, charitable, religious or nonprofit organization.
D. Off-Sale Intoxicating Liquor License: Off-sale intoxicating liquor licenses, which may be issued only to exclusive liquor stores or drugstores that have an off-sale license which was first issued on or before May 1, 1994. The fee for an off-sale intoxicating liquor license established by the city council under section 3.09 of this chapter shall be established by resolution or a greater amount which may be permitted by Minnesota statutes 340A.408, subdivision 3, as it may be amended from time to time.
E. On-Sale Intoxicating Liquor License: On-sale intoxicating liquor licenses, which may be issued to the following establishments as defined by Minnesota statutes 340A.101, as it may be amended from time to time, and this chapter: hotels, restaurants, bowling centers, theaters, clubs or congressionally chartered veterans organization, theaters and exclusive liquor stores. Club licenses may be issued only with the approval of the commissioner of public safety. The fee for club licenses established by the city council under section 3.09 of this chapter shall not exceed the amounts provided for in Minnesota statutes 340A.408, subdivision 2(b) as it may be amended from time to time. The city council may in its sound discretion authorize a retail on-sale licensee to dispense intoxicating liquor off the licensed premises at a community festival held within the city under the provisions of Minnesota statutes 340A.404, subdivision 4(b) as it may be amended from time to time. The city council may in its sound discretion authorize a retail on-sale licensee to dispense intoxicating liquor off the licensed premises at any convention, banquet, conference, meeting or social affair conducted on the premises of a sport, convention, or cultural facility owned by the city, under the provisions of Minnesota statutes 340A.404, subdivision 4(a) as it may be amended from time to time; however, the licensee is prohibited from dispensing intoxicating liquor to any person attending or participating in an amateur athletic event being held on the premises.
F. Sunday On-Sale Intoxicating Liquor License: Sunday on-sale intoxicating liquor licenses, only after authorization to do so by voter approval at a general election or special election as provided by Minnesota statutes 340A.504, subdivision 3, as it may be amended from time to time. Sunday on-sale intoxicating liquor licenses may be issued only to a "restaurant" as defined in section 3.03 of this chapter, club, bowling center, or hotel which has a seating capacity of at least thirty (30) persons, which holds an on-sale intoxicating liquor license, and which serves liquor only in conjunction with the service of food. The maximum fee for this license, which shall be established by the city council under the provisions of section 3.09 of this chapter, shall be established by resolution or the maximum amount provided by Minnesota statutes 340A.504, subdivision 3(c) as it may be amended from time to time.
G. Combination On-Sale/Off-Sale Intoxicating Liquor License: Combination on-sale/off-sale intoxicating liquor licenses if the city has a population less than ten thousand (10,000).
H. Temporary On-Sale Intoxicating Liquor License: Temporary on- sale intoxicating liquor licenses, with the approval of the commissioner of public safety, which may be issued only in connection with a social event sponsored by a club, charitable, religious, or other nonprofit corporation that has existed for at least three (3) years. No license shall be for longer than four (4) consecutive days, and the city shall issue no more than twelve (12) days' worth of temporary licenses to any one organization in one calendar year.
I. On-Sale Wine License: On-sale wine licenses, with the approval of the commissioner of public safety to: theaters, restaurants that have facilities for seating at least twenty five (25) guests at one time and meet the criteria of Minnesota statutes 340A.404, subdivision 5, as it may be amended from time to time, and which meet the definition of "restaurant" in section 3.03 of this chapter; to licensed bed and breakfast facilities which meet the criteria in Minnesota statutes 340A.4011, subdivision 1, as it may be amended from time to time and to theaters that meet the criteria of Minnesota statutes 340A.404(b) as it may be amended from time to time. The fee for an on-sale wine license established by the city council under the provisions of section 3.09 of this chapter shall not exceed one-half (1/2) of the license fee charged for an on-sale intoxicating liquor license. The holder of an on-sale wine license who holds an on-sale 3.2 percent malt beverage license is authorized to sell malt liquor with content over 3.2 percent (strong beer) without an additional license.
J. One Day Consumption And Display Permit: One day consumption and display permits with the approval of the commissioner of public safety to a nonprofit organization in conjunction with a social activity in the city sponsored by the organization.
K. Approval Of Consumption And Display Permit: Approval of the issuance of a consumption and display permit by the commissioner of public safety. The maximum amount of the additional fee which may be imposed by the city council on a person who has been issued a consumption and display permit under the provisions of section 3.09 of this chapter shall be established by resolution or the maximum amount permitted by Minnesota statutes 340A.414, subdivision 6, as it may be amended from time to time. Consumption and display permits shall expire on March 31 of each year.
L. Culinary Class Limited On-Sale License: Culinary class limited on-sale licenses may be issued to a business establishment not otherwise eligible for an on-sale liquor license that, as part of its business, conducts culinary or cooking classes for which payment is made by each participant or advance reservation required.
The license authorizes the licensee to furnish to each participant in each class, at no additional cost to the participant, up to a maximum of six (6) ounces of wine or twelve (12) ounces of intoxicating malt liquor, during and as a part of the class, for consumption on the licensed premises only.
M. Temporary Off-Sale Wine License: Temporary off-sale wine licenses, with the approval of the commissioner of public safety, may be issued for the off-sale of wine at an auction. A license issued under this subdivision authorizes the sale of only vintage wine of a brand and vintage that is not commonly being offered for sale by any wholesaler in Minnesota. The license may authorize the off-sale of wine for not more than three (3) consecutive days provided not more than six hundred (600) cases of wine are sold at any auction. The licenses are subject to the terms, including license fee, imposed by section 3.09 of this chapter. (Ord. 78, 6th Series, eff. 7-6-2015)
N. Brewpubs:
1. On-Sale License: A brewpub may be issued an on-sale intoxicating liquor or 3.2 percent malt liquor license by the municipality for a restaurant operating in the place of manufacture.
2. Off-Sale License: Notwithstanding Minnesota Statutes Annotated section 340A.405, a brewpub that holds an on-sale license issued pursuant to this section may, with the approval of the commissioner of public safety, 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 city in which the brewpub 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, except that malt liquor in growlers only may be sold at off-sale on Sundays. Sunday sales are as allowed by subsection T of this section. Packaging of malt liquor for off-sale under this subsection must comply with Minnesota statute 340A.285.
3. Total Retail Sales: A brewpub's total retail sales at on- or off-sale under this section may not exceed three thousand five hundred (3,500) barrels per year, provided that off-sales may not total more than five hundred (500) barrels.
4. Interest In Other Retail On-Sale Licenses: 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 brewpub 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. Manufacture licensed under Minnesota statute 340A.301, subdivision 6, clause (d);
b. Manufacture in another consumption exclusively in a restaurant located in the place of manufacture; or
c. Manufacture in another state for consumption primarily in a restaurant located in or immediately adjacent to the place of manufacture if the brewer was licensed under Minnesota statute 340A.301, subdivision 6, clause (d), on January 1, 1995.
5. Brewpub Licensed As Importer Prohibited: A brewpub licensed under this section may not be licensed as an importer under Minnesota statute 340A.302.
O. Brewery/Taproom License:
1. A brewer licensed under Minnesota statute 340A.301 may be issued an on-sale brewery/taproom license for the "on-sale" of malt liquor produced on the licensed premises, subject to the following conditions:
a. The on-sale of malt liquor may only be made during the days and hours that "on-sale" of liquor may be made, as prescribed by state law or within this chapter.
b. A brewer may only hold one brewery/taproom license within the city.
c. The only alcohol beverage that may be sold or consumed on the premises of a licensed brewery/taproom will be the malt liquor produced by the brewer upon the brewery/taproom premises.
d. The holder of a brewery/taproom license who also holds a brewpub off-sale license is permitted to sell "growlers", which is defined as a container with a capacity of up to sixty four (64) ounces or in seven hundred fifty milliliter (750 ml) bottles, for takeout or off-sale of craft beer. The growler must be sealed by a paper or adhesive band strip or sleeve that is applied over the top of the closure in such a manner that the seal must be broken in order to open the container. The adhesive band, strip or sleeve shall bear the name and address of the brewer.
e. Nothing in this subsection precludes the holder of a brewery/taproom license from also holding a license to operate a restaurant on the premises of the brewery.
2. A brewery/taproom license may not 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 or produces more than two hundred fifty thousand (250,000) barrels of malt liquor annually or a winery that produces more than two hundred fifty thousand (250,000) gallons of wine annually, as defined and prescribed by Minnesota statute 340.401.
P. Brewpub Off-Sale Intoxicating License: A brewpub off-sale intoxicating malt liquor license may be issued to a brewer who holds a brewer license issued by the Minnesota commissioner of public safety for the operation of a brewpub and shall be operated in and as a part of a restaurant establishment for which an on-sale intoxicating liquor license has been issued by the city.
1. 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.
2. Off-sale of malt liquor shall be limited to the legal hours for off-sale at exclusive liquor stores and must be removed from the licensed premises before the applicable off-sale closing time requirements.
3. Only malt liquor may be brewed or manufactured at the licensed premises and not more than three thousand five hundred (3,500) barrels of malt liquor in a calendar year may be brewed or manufactured at the licensed premises.
4. The malt liquor sold off-sale shall be packaged in sixty four (64) ounce containers commonly known as "growlers" or in seven hundred fifty milliliter (750 ml) bottles and shall have the following requirements for packaging:
a. The containers shall bear a twist type closure, cork, stopper or plug;
b. At the time of 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;
c. The adhesive band, strip or sleeve shall bear the name and address of the brewer/licensee selling the malt liquor;
d. The containers shall be identified as malt liquor, contain the name of the malt liquor, bear the name and address of the brewer/licensee selling the malt liquor, and the contents in the container packaged as required herein shall be considered intoxicating liquor unless the alcoholic content is labeled as otherwise in accordance with the provisions of Minnesota rules, part 7515.1100.
Q. Microdistillery Cocktail Room License:
1. The city may issue the holder of a microdistillery license under Minnesota statute 340A.22 a microdistillery cocktail room license. A microdistillery cocktail room license authorizes on- sale of distilled liquor produced by the distiller for consumption on the premises of or adjacent to one distillery location owned by the distiller. Nothing in this subsection precludes the holder of a microdistillery cocktail room license from also holding a license to operate a restaurant at the distillery. Minnesota statute 340A.409 shall apply to a license issued under this section. All provisions of this chapter shall apply to a license issued under this section unless the provision is explicitly inconsistent with this subsection.
2. A distiller may only have one microdistillery cocktail room license under this section and may not have an ownership interest in a distillery licensed under Minnesota statute 340A.301, subdivision 6, paragraph (a).
3. The city shall impose a licensing fee on a distiller holding a microdistillery cocktail room license under this section, subject to limitations applicable to the license fees under Minnesota statute 340A.408, subdivision 2, paragraph (a).
4. No single entity may hold both a microdistillery cocktail room and brewery/taproom license, and a cocktail room and taproom may not be collocated.
R. Microdistillery, Off-Sale: An off-sale of distilled spirits of the microdistillery may be issued by the city for the sale of one 375-milliliter bottle per customer per day of product manufactured on site, subject to the following requirements:
1. Off-sale hours of sale must conform to hours of sale for retail off-sale licensees as established in Minnesota statute 340A.504; and
2. No brand may be sold at the microdistillery unless it is also available for distribution by wholesalers.
S. Small Brewer Off-Sale Intoxicating: A "small brewer off-sale intoxicating" license authorizes a microbrewery that manufacturers 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" or in seven hundred fifty milliliter (750 ml) bottles as permitted by Minnesota statute 340A.301. The amount of malt liquor sold at off-sale may not exceed five hundred (500) barrels annually; off- sale shall be limited to the legal hours for off-sale at exclusive liquor stores, and the off-sale must be removed from the premises before the applicable off-sale closing time at exclusive liquor stores.
1. The malt liquor shall be packed in sixty four (64) ounce containers commonly known as "growlers" or in seven hundred fifty milliliter (750 ml) bottles. 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 provision of Minnesota rules, part 7515.1100.
2. A brewer may, but is not required to, refill any growler with malt liquor for off-sale at the request of a customer. A brewer refilling a growler must do so at its licensed premises and the growler must be filled at the tap at the time of sale. A growler refilled under this paragraph must be sealed and labeled in the manner described in subsection S1 of this section.
3. A brewer may only have one license under this subsection.
4. The city may not issue a license under this subsection 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 twenty thousand (20,000) barrels of its own brands of malt liquor annually or a winery that produces more than two hundred fifty thousand (250,000) gallons of wine annually.
T. Sunday Growler Off-Sale Intoxicating: Authorizes a small 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" or in seven hundred fifty milliliter (750 ml) bottles as permitted by Minnesota statute 340A.301, on Sundays between the hours of eight o'clock (8:00) A.M. to ten o'clock (10:00) P.M. (Ord. 87, 6th Series, eff. 6-6-2016)