(A) Generally. No person, except wholesalers and manufacturers to the extent authorized by law, shall deal in or dispose of by gift, sale or otherwise, or keep or offer for sale, any beer within the city without first having received a license as hereinafter provided. Licenses shall be of 3 kinds: regular, brewer taproom, on-sale licenses; temporary on-sale licenses; and brewer taproom, small brewer, and regular off-sale licenses.
(B) Regular on-sale. Regular on-sale licenses shall be granted only to beer stores, and restaurants and hotels where food is prepared and served for consumption on the premises. On-sale licenses shall permit the sale of beer for consumption on the premises only.
(C) Temporary on-sale. Temporary on-sale licenses shall be granted only to bona fide clubs and charitable, religious, and non-profit organizations for the sale of beer for consumption on the premises only.
(D) Off-sale. Off-sale licenses shall permit the sale of beer at retail, in the original package or growlers for consumption off the premises only.
(E) Brewer taproom (microbrewery) on-sale licenses.
(1) License authorized. Notwithstanding any provision of the City Code to the contrary, the Council may issue a brewer taproom license for the on-sale of malt liquor produced by the brewer for consumption on the premises of or adjacent to 1 brewery location owned by the brewer subject to the requirements contained in M.S. § 340A.26. The Council 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 brewer seeking the license or exercising control over the brewer seeking the license, is a brewer that brews more than 250,000 barrels of malt liquor annually or a winery that produces more than 250,000 gallons of wine annually.
(2) Applicant. The applicant for a license under this division (E) must be a brewer licensed under M.S. § 340A.301, subd. 6 (c), (i), or (j) as amended.
(3) Terms and conditions of license.
(a) No license is valid until approved by the Commissioner of Public Safety.
(b) The on-sale of malt liquor, permitted by this division (E), may only be made during the days and hours that on-sale of liquor may be made by holders of on-sale intoxicating liquor licenses issued pursuant to this chapter.
(c) A brewer may only hold 1 brewer taproom license under this section.
(d) The only alcoholic beverage that may be sold or consumed on the premises of the holder of a brewer taproom license will be the malt liquor produced by the brewer upon the brewery premises.
(e) No brewer taproom license shall be issued to a location across a public right-of-way such as a street or alley from the licensed brewery location.
(f) All other provisions of this chapter, and all other applicable laws, statutes, ordinances, rules and regulations shall be applicable to licenses issued pursuant to this division (E) and the licensees of such licenses unless inconsistent with the provisions of this division (E) or applicable law.
(g) Nothing in this division (E) precludes the holder of a brewer taproom license from also holding a license to operate a restaurant on the premises of the brewery.
(4) Fees. The city shall impose a licensing fee on a brewer holding a brewer taproom license under this division (E), subject to limitations applicable to license fees under M.S. § 340A.408, subd. 2(a). The annual license fee for a license issued pursuant to this division (E) shall be as established from time to time by the city council, as per M.S. § 36.04.
(5) No single entity may hold both a cocktail room and brewer taproom license, and a cocktail room and brewer taproom may not be co-located.
(6) M.S. § 340A.409 shall apply to any license issued under this division (F).
(F) Off-sale brewer taproom malt liquor license.
(1) License authorized. Notwithstanding any provision of the City Code to the contrary, the Council may issue an off-sale small brewer (taproom) malt liquor license to a brewer who holds a brewer license issued under M.S. § 340A.301, subd. 6 (c), (i), or (j) subject to the requirements contained in M.S. § 340A.28 for off-sale of malt liquor at the brewer's licensed premises that has been produced and packaged by the brewer. The Council 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 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.
(2) Applicant. The applicant for the license under this division (F) must be a brewer licensed under M.S. § 340A.301 subd. 6 (c), (i), or (j), as amended, in order to be licensed for the off-sale of malt liquor produced and packaged on the licensed premises.
(3) Terms and conditions of license.
(a) No license is valid until approved by the Commissioner of Public Safety.
(b) The amount of malt liquor sold at off-sale may not exceed 500 barrels annually.
(c) The off-sale of malt liquor, permitted by this division (F), may only be made during the days and hours that off-sale of liquor may be made as stated in this chapter, except that malt liquor in growlers only may be sold at off-sale on Sundays between the hours of 11:00 a.m. and 5:00 p.m.
(d) The malt liquor sold off-sale must be removed from the premises before the applicable off-sale closing time at exclusive liquor stores.
(e) The malt liquor for off-sale shall be packaged pursuant to M.S. § 340A.285 in 64-ounce containers commonly known as "growlers" or in 750 milliliter 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, snip, 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.
(f) 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 Minn. R. part 7515.1100.
(g) A brewer may, but is not required to, refill any container or bottle with malt liquor for off-sale at the request of a customer. A brewer refilling a container or bottle must do so at its licensed premises and the container or bottle must be filled at the tap at the time of sale. A container or bottle refilled under this division must be sealed and labeled in the same manner as described above.
(h) A brewer may only have one license under this division (F).
(i) The city shall impose a licensing fee on a brewer holding a small brewer license under this division (F), subject to limitations applicable to license fees under M.S. § 340A.408, subd. 3(a). The annual license fee for a license issued pursuant to this division (F) shall be as established from time to time by the City Council, as per § 36.04.
(Prior Code, § 6-41) (Am. Ord. 590, passed 5-28-2019)