HomeMy Public PortalAbout582 Ordinance - Amending Section 625 of the Code of Ordinances Regarding Alcoholic Beverage LicensesCITY OF MEDINA
ORDINANCE NO.582
An Ordinance Amending Section 625 of the Code of Ordinances
Regarding Alcoholic Beverage Licenses
The city council of the city of Medina ordains as follows:
SECTION I: Medina Code Section 625.02 is amended by adding the double underlined
material as follows:
Brewer Taproom. "Brewer Taproom" means the on -sale of malt liquor produced by a brewer
for consumption on the premises of or adjacent to one brewery location owned by the brewer.
The holder of a brewer taproom license may also operate a restaurant at the brewery.
Brew Pub. "Brew Pub" means 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
remises, the entire production of which is solely for consumption on tap on any licensed
premises owned b the brewer or for off -sale from those licensed premises as 'ermined b this
Section.
Required Packagin ;. "Required Packaging" means that malt liquor authorized for off -sale
pursuant to this Section must be packaged in 64-ounce containers, commonly known as
"growlers" or in 750 milliliter bottles The containers or bottles must bear a twist -type closure,
cork, stopper. or plug. At the time of sale, a paper or elastic adhesive band, stria, or sleeve
must be applied to the container or bottle and extended over the to of the twist -type closure.
cork, stopper, or plug forming a seal that must be broken upon openin 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, and
bear the name and address of the brewpub or brewer selling the malt liquor.
Small Brewer. "Small Brewer" means a brewer who manufactures fewer than 3,500 barrels in
a year.
After the above paragraphs are inserted into this Section, all other paragraphs in this Section shall be
renumbered accordingly.
SECTION II: Medina Code Section 625.03 is amended by deleting the stricken material and
adding the double underlined material as follows:
Section 625.03. License Required.
Subd. 1. Except as provided in this ordinance, no person may directly or indirectly, on any
pretense or by any device, sell, barter, keep for sale, charge for possession, allow the display
or consumption, or otherwise dispose of alcoholic beverages as part of a commercial or
retail transaction without having first obtained the appropriate license or permit.
Ordinance No. 582 1
July 7, 2015
Subd. 2. Notice to Commissioner. Within 10 days of the issuance of a license for
intoxicating liquor, wine or 3.2 percent malt liquor, the City shall inform the commissioner,
on the form the commissioner prescribes, of the licensee's name and address and trade
name, the effective date and expiration date of the license. The City shall also inform the
commissioner of a license transfer, cancellation, suspension, or revocation during the license
period.
Subd. 3. Types of Licenses: Intoxicating Liquor. The following licenses may be issued by
the City:
(a) Intoxicating liquor:
(1) "On Sale" license may be granted to hotels, restaurants, bowling centers, or
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least three years and liquor sales will only be to members and bona fide
guests, for the sale of intoxicating liquor for consumption on the premises.
(2) "Off Sale" license may be granted with the approval of the commissioner to an
exclusive liquor store for the salt of intoxicating liquor for consumption off
the premises.
(3) "Temporary On Sale License" may be granted to a club or charitable, religious or
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consumption off the premises.
Ordinance No. 582 2
July 7, 2015
(3) "Temporary On Sale License" for the sale of 3.2 percent malt liquor may be
granted to a club or charitable, religious, or nonprofit organization. Temporary
license may authorize the sale of 3.2 percent malt liquor in any school or
school building. The license will not be issued for a period greater than 72
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shall not be required to obtain a license under this section and may sell 3.2
percent malt liquor off sale or on sale without further license.
(c) Wine License. "Wine License" shall permit the on premise sale and consumption of
wine only.
(d) "Combination License". An on sale and an off sale intoxicating liquor license may
be issued to the same licensee or, in lieu of separate licenses, a combination on
sale and off sale license may be issued.
(e) On Sale Brewer Taproom License. An on sale brewer taproom license may be issued
to a brewer who has a license from the Commissioner under Minnesota Statutes
340A.301, Subdivision 6, clause (c), (i), or (j) in accordance with the
a Statues 310A.301, Subdivision 6b.
(f) Off Sale Small Brewer License. An off sale small brewer license may be issued to a
310A.301, Subdivision 6, clause (c), (i), or (j) in accordance with the
requirements of Minnesota Statutes 340A.301, Subdivision 6d.
(g) Microdistillery Cocktail Room License. A microdistillery cocktail room license may
be issued to a holder of a microdistillery license from the Commissioner under
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requirements of Minnesota Statutes 340A.22, Subdivision 2.
(a) Off -Sale Licenses.
(1) Exclusive Liquor Store. The city may issue an off -sale intoxicating liquor
license to an exclusive liquor store as authorized by Minnesota Statutes
Section 340A.405, subdivision 1.
(2) Off -Sale 3.2 Percent Malt Liquor. The city may issue an off -sale 3.2
percent malt liquor license as authorized by Minnesota Statutes Section
340A.403, subdivision 1. Any person licensed to sell intoxicating liquor at
off -sale shall not be required to obtain an off -sale 3.2 percent malt liquor
license under this section and may sell 3.2 percent malt liquor at off -sale
without obtaining an additional license.
(3) Small Brewer. The city may issue an off -sale malt liquor license to a
Ordinance No. 582 3
July 7, 2015
small brewer as authorized by Minnesota Statutes Section 340A.28 for the
off -sale of malt liquor at its licensed premises that has been produced and
packaged by the brewer. The license must be approved b_ the
Commissioner of Public Safety. The amount of malt liquor sold at off -
sale may not exceed 500 barrels annually. Malt liquor sold at off -sale
under this license must be packaged in the required packaging
(4) Brew Pub. The city may issue an off -sale malt liquor license to a brew pub
as authorized by Minnesota Statutes Section 340A.24 for the off -sale of
malt liquor at its licensed premises that has been produced and packa l ed
on the licensed premises. Malt liquor sold at off -sale under this license
must be packaged in the required packaging.
(5) Microdistillery. The city may issue an off -sale intoxicating liquor license
to a microdistillery as allowed by Minnesota Statutes Section 340A.22 for
the off -sale of distilled spirits. The license may allow the sale of one 375
milliliter bottle per customer per day of product manufactured on -site. No
brand of distilled spirits may be sold at the microdistillery unless it is also
available for distribution by wholesalers.
(b) On -Sale Licenses.
(1) Intoxicating Liquor. The city may issue an intoxicating liquor license as
authorized by Minnesota Statutes Section 340A.404, subdivision 1.
(2) Wine. The city may issue an on -sale license to sell wine as authorized by
Minnesota Statutes Section 340A.404, subdivision 5.
(3)
3.2 Percent Malt Liquor. The city may issue an on -sale 3.2 percent malt
liquor license as authorized by Minnesota Statutes 340A.403, subdivision
1. Any person licensed to sell intoxicating liquor at on -sale shall not be
required to obtain an on -sale 3.2 percent malt liquor license under this
section and may sell 3.2 percent malt liquor at on -sale without further
license.
(4) Brew Pub. The city may issue an on -sale intoxicating liquor license or a
3.2 percent malt liquor license as authorized by Minnesota Statutes
Section 340A.24 for a restaurant operated by a brewpub in the place of
manufacture.
(5) Brewer Taproom. The city may issue a brewer taproom license as
authorized by Minnesota Statutes Section 340A.26 for the 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. A holder of a
brewer taproom license may operate a restaurant at the brewery. A brewer
taproom license will not be issued to a brewer or anyone having an
Ordinance No. 582 4
July 7, 2015
economic interest in the brewer seeking the license or exercising control
over the brewer seeking the license that 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. No single entity shall hold both a
microdistillery cocktail room and brewer taproom license. A
microdistillery cocktail room and a brewer taproom must not be co -
located.
Microdistillery Cocktail Room. The citx may issue a microdistiller
cocktail room license as authorized by Minnesota Statutes Section
340A.22 for the 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. The holder of a microdistillery cocktail room
license may also operate a restaurant at the distillery. No single entity
shall hold both a microdistillery cocktail room and a brewer taproom
license. A microdistillery cocktail room and a brewer taproom must not
be co -located.
(7) Culinary Classes. The city may issue a limited on -sale intoxicating liquor
license to a business establishment for culinary or cooking classes as
authorized by Minnesota Statutes Section 340A.4041.
(c) Temporary Licenses.
(1) Social Event Sponsored by a Club, Charitable, Religious or Nonprofit
Organization. The city may issue a temporary on -sale license to sell
intoxicating liquor to a club or to a charitable, religious, or other nonprofit
organization in existence for at least three years in connection with a
social event within the city sponsored by such organization as authorized
by Minnesota Statutes Section 340A.404.
(2) 3 2 Percent Malt Liquor Served by Club, Charitable, Religious or
Nonprofit Organization. The city may issue a temporary license to a club
or to a charitable, religious, or nonprofit organization for the on -sale of 3.2
percent malt liquor as authorized by Minnesota Statutes Section
340A.403, subdivision 2.
(3Social Event Sponsored by a Small Brewer or Microdistillerv. The city
may issue a temporary on -sale intoxicating liquor license to a small
brewer or microdistillery in connection with a social event sponsored by
such entity as authorized by Minnesota Statute Section 340A.404,
subdivision 10 (c).
(4) Farm Winery at a County Fair. The city may issue a temporary license to a
farm winery for the on -sale of intoxicating liquor at a county fair as
authorized by Minnesota Statute Section 340A.404, subdivision 10a.
Ordinance No. 582 5
July 7, 2015
(5)
Wine Auction. The city may issue a temporary license for the off -sale of
wine at an auction as authorized by Minnesota Statute Section 340A.405,
subdivision 4.
(6) Wine Festival. The city may issue a temporary license to a bona fide
association of owners and operators of wineries sponsoring an annual
festival to showcase wines produced by members of the association as
authorized by Minnesota Statutes Section 340A.4175.
(7) Community Festivals. The city council may authorize a holder of a retail
on -sale intoxicating liquor license issued by the city to dispense
intoxicating liquor off premises at a community festival held within the
city as authorized by Minnesota Statutes Section 404, subdivision 4 Cb).
Ld) Sunday Licenses. The city may issue licenses to sell intoxicating liauor on -sale on
Sundays to a hotel, restaurant, club or bowling center as allowed by Minnesota Statute
340A.504, subdivision 3.
Subd. 4. "Consumption and Display Permit" shall allow a bottle club the on -premise
consumption or display of intoxicating liquor. The permit does not authorize the sale of
intoxicating liquor. The permit may be issued by the commissioner but must be approved
by the city council. All permits issued under this section expire on March 31 of each
year.
Subd. 5. License Classes: Intoxicating Liquor.
(a) The on -sale licenses under which intoxicating liquor may be sold shall be divided into
the following four classes, which shall be based upon the size of the licensed premises:
(1) Class A: A licensed premises of 20,000 square feet or greater in area;
(2) Class B: A licensed premises of at least 12,000 square feet, but less than 20,000
square feet in area; or
(3) Class C: A licensed premises of at least 6,000 square feet, but less than 12,000
square feet in area; or
(4) Class D: A licensed premises less than 6,000 square feet in area.
(b) In the case of a restaurant or club licensed for on -sale of alcoholic beverages and
located on a golf course, the licensed premises means the entire golf course except for
areas where motor vehicles are regularly parked or operated.
Subd. 6. Outdoor Areas. A licensee whose license permits the on -sale of alcoholic beverages
shall be permitted to sell, serve and allow consumption of alcoholic beverages in an outdoor
area, provided that the following conditions are met:
Ordinance No. 582 6
July 7, 2015
(a) the outdoor area is immediately adjacent to the building or structure comprising the
remainder of the licensed premises and such outdoor area is specifically described as
part of the licensed premises in the approved license application;
(b) the outdoor area is completely enclosed by a fence or other barrier preventing any
external ingress or egress from the area;
(c) access to the outdoor area is available only through the interior portions of the licensed
premises;
(d) no bars or pass -through windows shall be permitted in the outside area;
(e) there shall be no music audible off the property and exterior lighting shall be designed
and installed so that the globe is recessed and enclosed on all sides except the bottom
and no light is cast directly on any other property;
(f) no alcoholic beverages shall be served after 10:00 p.m. nor consumed after 10:30 p.m. in
the outside area; and
(g) outside area shall be compact in size and shall not exceed an area as may be considered
reasonably by city council.
For the purpose of determining the appropriate on -sale license class, the outdoor area shall be
included in the licensed premises but at a rate equal to one-half the actual square footage of the
outdoor area.
SECTION III: Medina Code Section 625.26 is amended by deleting the stricken material and
adding the double underlined material as follows:
Sections 625.26. Hours and Days of Sale.
Subd.1.
on the licensed premises may be made:
(a) between 2:00 a.m. and 8:00 a.m. on the days of Monday through Saturday; or
(b) after 2:00 a.m. on Sundays, except as provided by Subd. 3.
All licenses. Licensees must strictly comply with the hour and day sale limitations set forth in
Minnesota Statutes Section 340A.504 for each type of license held by the licensee. In addition,
the following provisions apply to Sunday sales:
(a) On -Sale of Intoxicating Liquor. Except as provided in paragraph (b) below, the on -sale
of intoxicating liquor on a Sunday requires a Sunday sales license.
(b) On -Sale Brewer Taproom. The holder of an on -sale brewer taproom license is authorized
Ordinance No. 582 7
July 7, 2015
(c)
to conduct on -sale business on Sundays between the hours of 8;00 a.m. and 11_:59 p.m.
without having to obtain a separate Sunday sales license.
Off -Sale Growlers. Malt liquor in growlers only may be sold by brew pubs, brewer
taprooms and small brewers at off -sale on Sundays between the hours of 8:00 a.m. on
Sunday and 11:59 p.m. without having to obtain a separate Sunday sales license.
Growlers must meet the definition of "required packaging" that is set forth in this
Section.
between 2:00 a.m. and 8:00 a.m. on the days of Monday through Saturday, nor between
2:00 a.m. and 10:00 a.m. on Sunday.
Subd. 3. Sunday On salts. A club, hotel, bowling ccntcr or restaurant which holds an on sale
intoxicating liquor license may sell intoxicating liquor or 3.2 percent malt liquor for
10:00 a.m. on Sundays and 2:00 a.m. on Mondays, provid-d a Sunday license has been
obtained for the licensed premises..
Subd. 4. Off salt. No sale of intoxicating liquor, 3.2 percent malt liquor or wine may be
made by an off sale licensee:
(a) on Sundays;
(b) before 8:00 a.m. on Monday through Saturday;
(c)after 10:00 p.m on Monday through Saturday;
(d) on Thanksgiving Day;
(e) on Christmas Day, December 25; or
(f) after 8:00 p.m. on Christmas Eve, December, 24.
Subd. 5-2. Consumption and Display Permit. No establishment holding a consumption and
display permit may permit a person to consume or display intoxicating liquor, and no person
may consume or display intoxicating liquor, between 2:00 a.m. and 10:00 a.m. on Sundays,
and between 2:00 a.m. and 8:00 a.m. on Monday through Saturday.
Subd. 6 3. Permission Required.
(a) All licensees must obtain a permit from the commissioner to sell intoxicating liquor
or 3.2 percent malt liquor between the hours of 1:00 a.m. and 2:00 a.m. Permits
are effective for a year after issuance.
Ordinance No. 582 8
July 7, 2015
(b) A holder of a consumption and display permit must obtain authorization from the
commissioner to allow the consumption and display of intoxicating liquor
between the hours of 1:00 a.m. and 2:00 a.m. The authorization may be provided
in a document issued to the permit holder by the commissioner, or by a notation
on the permit holder's permit. Authorizations are valid for one year from the date
of issuance.
Subd. 7 4. Evacuation. Any licensed premise named in any on -sale license, and every part
thereof except those portions used exclusively for food service, shall be closed and be kept
closed to the public within 30 minutes after the stated time of prohibited sales begins. It
shall be unlawful for any person or customer, other than the licensee or his or her
employees, to remain on the premises after closing. The licensee and his or her employees
may remain after closing for the purposes only of cleaning, repair, maintenance and security,
but there shall be no consumption of alcoholic beverages by the licensee or employees
during all times of prohibited sale.
SECTION IV. This ordinance shall become effective upon its adoption and publication.
Adopted by the city council of the city of Medina this 7th day of July, 2015.
ATTEST:
By:
.S
cott T. Jo son, City Administrator -Clerk
By:
Bob Mitchell, Mayor
Published in the Crow River News this 16th day of July, 2015.
Ordinance No. 582 9
July 7, 2015