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HomeMy WebLinkAbout1184 Ord (Chapter 43-65 and 43-126, Liquor License Types and Chapter 43-66 Subd. 10, Hours of Operation)City of Stillwater Washington County, Minnesota ORDINANCE NO. 1184 AN ORDINANCE AMENDING STILLWATER CITY CODE CHAPTER 43-65 AND 43-126 REGARDING LIQUOR LICENSE TYPES AND CHAPTER 43-66 SUBD. 10 REGARDING HOURS OF OPERATION The City Council of Stillwater does ordain: SECTION 1 AMENDMENT. Stillwater City Code Chapter 43-65, subd. 1, 3, 5, 10, 11 Liquor License Types is hereby amended as follows: Subd. 1. On -sale licenses. An on -sale intoxicating liquor license may be issued to clubs, resorts, restaurants, theaters, hotels and bowling centers. Subd. 3. On -sale wine licenses. Except as otherwise provided in this section and by law, on -sale wine licenses may be granted and issued to restaurants, bed and breakfasts, theaters and baseball teams competing in a league established by the Minnesota Baseball Association or to a person holding a concessions or management contract for beverage sales at a ballpark for the purposes of summer town ball games. Subd. 5. Temporary on -sale licenses. (1) General rule. Notwithstanding any other provision of this section, a club (as defined in Minn. Stat. § 340A.101, Subd. 7) or charitable, religious or other nonprofit organization may obtain a temporary on -sale license to sell intoxicating liquor for consumption on the licensed premises only and in connection with a social event within the city sponsored by the licensee. The license may provide that the licensee may contract for intoxicating liquor catering services with the holder of an on -sale intoxicating liquor license issued by the city. (2) Caterer. The license may provide that the licensee must contract with the holder of an intoxicating liquor license issued by the city who also has a state -issued caterer's permit for dispensing intoxicating liquor. The caterer must provide the city with a valid certificate of insurance for the event. (3) A separate license fee shall be due for each application submitted. However, if the applicant applies for more than one event in a single application, only one license fee shall be required. (4) Number of days per event. The license will not authorize any temporary on -sale intoxicating liquor license for more than four consecutive days. (5) Number of events per year. The city will not authorize more than three four -day, four three-day, six two-day or 12 one -day temporary licenses, in any combination not to exceed 12 days per year for the sale of intoxicating liquor to any one organization or for any one location within the city for a 12-month period. (6) Application. Application for a temporary license may be made on forms provided by the city clerk and must include the following information: a. The name, address and purpose of the organization, together with the names and addresses of its officers, and evidence of nonprofit status or of its status as a club as defined in this section; b. The purpose for which the temporary license is sought, together with the location, dates and hours during which wine or intoxicating liquor will be sold; c. Consent of the owner or manager of the premises or person or group with lawful responsibility for the premises; d. Evidence that the manager or director has received alcohol awareness training as required in section 43-66 subd. 11; and e. A security plan approved by the police chief or his or her designee. (7) Reasonable conditions. The city council may impose reasonable conditions to protect the health, safety and general welfare of the public. Subd. 10. Brewer license. (1) On -sale brewpub license. On -sale intoxicating or on -sale 3.2 percent malt liquor may be issued to brewers who operate a restaurant in their place of manufacture and who meet the criteria of Minn. Stat. § 340A.24. (2) Off -sale malt liquor brewer license (off -sale brewpub). A brewer with an on -sale brewpub license may be issued an off -sale malt liquor brewer license which shall permit the off -sale of malt liquor at the brewer's licensed premises subject to the provisions of Minn. Stat. § 340A.24. a. A brewer may only hold one brewer off -sale malt liquor license. b. The only malt liquor sold on the licensed premises shall be malt liquor produced by the brewer at the brewery premises. (3) Brewer taproom license. A brewer taproom license may be issued to a holder of a brewer's license, which authorizes 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 brewer may only have one taproom license and may not have an ownership interest in a brewpub. (4) Brewer temporary on -sale intoxicating liquor license. A brewer temporary on -sale intoxicating liquor license may be issued to brewers who manufacture fewer than 3,500 barrels of malt liquor in a year for the on -sale of intoxicating liquor in connection with a social event within the city that is sponsored by the brewer. (5) Off -sale malt liquor small brewer licenses. A small brewer off -sale malt liquor license may also be issued, with approval of the commissioner, to a holder of a brewer's license under Minn. Stat. § 340A.301, subd. 6(c), (i) or (j) and meeting the criteria established by Minn. Stat. § 340A.29 as 2 may be amended from time to time. The amount of malt liquor sold at off -sale under this license may not exceed 128 ounces per customer per day. The malt liquor sold off -sale must be removed from the premises before the applicable off -sale closing time. Packaging of malt liquor for off -sale under this license must comply with the provisions of Minnesota Rules, parts 7515.1080 to 7515.1120. Subd. 11. Microdistiller license. (1) Cocktail room license. The holder of a microdistiliery license or a distilled spirits manufacturing license under Minn. Stat. § 340A.22 may be issued a cocktail room license. a. A cocktail room license authorizes 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. b. A distiller may only have one cocktail room license. (2) Microdistiller off -sale license. A microdistiller off -sale license may be issued to the holder of a state microdistiliery license if at least 50 percent of the annual production of the licensee is processed and distilled on premises. An off -sale license herein authorizes off -sale of one 750 milliliter bottle per customer per day of product manufactured on -site provided the product is also available for distribution to wholesalers. (3) Microdistiller temporary on -sale intoxicating liquor license. A microdistiller temporary on -sale intoxicating liquor license may be issued to the holder of a state microdistiliery license. A temporary on - sale license herein authorizes on -sale of intoxicating liquor in connection with a social event within the city that is sponsored by the microdistiliery. SECTION 2 AMENDMENT. Stillwater City Code Chapter 43-66 — General conditions, Subd. 10 (1). Hours of operation, is hereby amended as follows: Subd. 10. Hours of operation and consumption time limit. (1) Hours of operation. a. Sales of intoxicating liquor shall be governed by the provisions of Minn. Stat. § 340A.504, except as provided below. b. On -sale intoxicating license holders may apply for a license to sell intoxicating liquor until 2:00 a.m., except that for license holders with a Sunday on -sale intoxicating liquor license the hours shall be between 8:00 a.m. on Sundays and 1:00 a.m. on Mondays. c. On Sundays, license holders with a 2:00 a.m. license and with seating capacity for at least 30 people, may sell intoxicating liquor in conjunction with the sale of food between the hours of 8:00 a.m. on Sundays and 2:00 a.m. on Mondays only when a Sunday is followed by the Monday observing Memorial Day, July 4 th or Labor Day. d. The off -sale of malt liquor may only be made during the same days and hours permitted at exclusive liquor stores. 3 e. The on -sale of distilled liquor may only be made during the days and hours that the sale of on -sale intoxicating liquor is permitted. f. On -Sale intoxicating license holders may apply for a special permit for service of alcohol during extended hours during a live broadcast of a World Cup match. The permit authorizes the sale of alcoholic beverages for up to 30 minutes before, during and up to 30 minutes after a broadcast of a live World Cup match. This special permit expires Sept 1, 2023. SECTION 3 AMENDMENT. Stillwater City Code Chapter 43-126 — 3.2 Percent Malt Liquor is hereby amended as follows: Subd. 1. It is unlawful to sell 3.2 percent malt liquor at wholesale or retail without a license. The fee for such licenses shall be as established by city council resolution. Subd. 2. Definitions. Terms used in this section have the meanings given them by Minn. Stat. ch. 340A. Subd. 3. Conditions. (1) On -sale licenses permit the licensee to sell 3.2 percent malt liquor for consumption on the premises. On -sale licenses will be granted only to restaurants, hotels, drug stores, to clubs for social or business purposes or for intellectual improvement or for the promotion of sports, where the serving of such 3.2 percent malt liquor is incidental and not the major purpose of the club, to baseball teams competing in a league established by the Minnesota Baseball Association or to a person holding a concessions or management contract for beverage sales at a ballpark for the purposes of summer town ball games. In addition, 3.2 percent malt liquor license holders may apply for a special permit for service of alcohol during extended hours during a live broadcast of a World Cup match. The permit authorizes the sale of 3.2 percent malt liquor beverages for up to 30 minutes before, during and up to 30 minutes after a broadcast of a live World Cup match. This special permit expires Sept 1, 2023. (2) Off -sale licenses permit the licensee to sell 3.2 percent malt liquor in the original package for consumption off the premises only. (3) Temporary on -sale licenses may be granted to clubs, charitable, religious or non-profit organizations for the sale of 3.2 percent malt liquor. the term of a temporary on -sale license shall not exceed three days. On -sale licenses shall be subject to special terms and conditions as the council may prescribe. 4 SECTION 4 SAVING. In all other ways, the Stillwater City Code shall remain in full force and effect. SECTION 5 SUMMARY PUBLICATION. Pursuant to Minnesota Statutes, Section 412.191, in the case of a lengthy ordinance, a summary may be published. While a copy of the entire ordinance is available without cost at the office of the City Clerk, the following summary is approved by the City Council and shall be published in lieu of publishing the entire ordinance. The ordinance regarding liquor license types and hours of operation has been amended to reflect the passage of a new law, Minnesota Statute 340A.29, during the 2022 Minnesota Legislature session. SECTION 6 EFFECTIVE DATE. This Ordinance shall not be published until approved by the City Council, and after its passage and publication according to law. Approved this 21 st day of June, 2022. Beth Wolf, City C CITY OF1 LWATER Ted Kozlowski, Mayor 5 AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ) ss COUNTY OF WASHINGTON Rhonda Herberg being duly sworn on an oath, states or affirms that he/she is the Publisher's Designated Agent of the newspa- per(s) known as: Stillwater Gazette with the known office of issue being located in the county of: WASHINGTON with additional circulation in the counties of: WASHINGTON and has full knowledge of the facts stated below: (A) The newspaper has complied with all of the requirements constituting qualifica- tion as a qualified newspaper as provided by Minn. Stat. §331A.02. (B) This Public Notice was printed and pub- lished in said newspaper(s) once each week, for 1 successive week(s); the first insertion being on 06/24/2022 and the last insertion being on 06/24/2022. MORTGAGE FORECLOSURE NOTICES Pursuant to Minnesota Stat. §580.033 relating to the publication of mortgage foreclosure notices: The newspaper complies with the conditions described in §580.033, subd. 1, clause (1) or (2). If the newspaper's known office of issue is located in a county adjoining the county where the mortgaged premises or some part of the mortgaged premises described in the notice are located, a substantial portion of the newspaper's circulation is in the latter county. Designated A, Subscribed and sworn to or affirmed before me on 06/24/2022 by Rhonda Herberg. Notary Public DARLENE MARIE MACPHERSON NOTARY PUBUC- MINNESOTA My CanlnlssiOn Eaplres Jan 31 2024 Rate Information: (1) Lowest classified rate paid by commercial users for comparable space: $40.00 per column inch CITY OF STILLWATER ORDINANCE NO. 1184 AN ORDINANCE AMENDING STILLWATER CITY CODE CHAPTER 43-65 AND 43-126 REGARDING LIQUOR LICENSE TYPES AND CHAPTER 43-66 SUBD. 10 REGARDING HOURS OF OPERATION The City Council of the City of Stillwater does ordain: The ordinance regarding liquor license types and hours of operation has been amended to reflect the passage of a new law, Minnesota Statute 340A.29, during the 2022 Minnesota Legislature session. Approved this 21st day of June, 2022. Do not hesitate to contact the City Clerk's Office (651) 430-8802 if you have any questions or need further information. Signed: Beth Wolf, City Clerk Published in the Stillwater Gazette June 24, 2022 1238953 Ad ID 1238953