Ordinance - 16-04 - Amend Chapter 4 - Alcoholic BeveragesCITY OF SPRING PARK
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 16-04
AN ORDINANCE AMENDING SPRING PARK CITY CODE CHAPTER 4,
ALCOHOLIC BEVERAGES TO ESTABLISH A LICENSE FOR BREWERY,
TAPROOM, AND GROWLER SALES WITHIN THE CITY OF SPRING PARK
THE CITY COUNCIL OF THE CITY OF SPRING PARK, MINNESOTA
ORDAINS AS FOLLOWS:
Section 1. Chapter 4 Alcoholic Beverages, Section 4.1 Definitions, is hereby amended to
read as follows:
Brewer is a person who manufactures malt liquor for sale.
Brewery is a facility that manufactures malt liquor for wholesale distribution, or sale and
consumption at a taproom.
Growler means a 64 oz. container or 750 ml container sold in a taproom for off -sale
consumption.
Taproom means a room that is ancillary to the production of beer at a production brewery where
the public can purchase and /or consume only the beer produced on site.
Section 2. Chapter 4 Section 4-31 Types of Licenses is hereby amended to read as
follows:
(a) Off -sale licenses shall permit the sale of intoxicating liquor or 3.2 percent malt liquor
as specified in the approved license at retail in the original package for consumption
off the premises only. The fact that dinner dancing is conducted in a hotel, motel,
club or restaurant shall not make such place ineligible to receive an off -sale license.
(b) Brewery Growler License for Off -Sale of Malt Liquor. Brewerslicensed under
Minnesota Statute 340A.301 Subd.6, clause (c), (i) or 0), may be issued a license for off -
sale of growlers of malt liquor at its licensed premises that has been produced and
packaged by the brewer as provided in Article II, Division 4.
(4)(c) On -sale licenses shall permit the sale of intoxicating liquor or 3.2 percent malt liquor
as specified in the approved license for consumption on the licensed premises only.
In the case of on -sale intoxicating liquor licenses, such licenses shall be issued only
for use in conjunction with the operation of a bona fide restaurant except for
taprooms licensed under this section. The licensee's operations shall be conducted in
such a manner that, of the part of the total business attributable to or derived from the
serving of food and intoxicating liquor each license year, no less than 50 percent of
all the gross revenues is derived from the sale of food. In the case of on -sale 3.2
percent malt liquor licenses, such licenses shall be issued only to bona fide clubs,
taverns, drugstores, restaurants and hotels.
(d) A brewery taproom license 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, as provided in Article II, Division 4.
(e)(e) Sunday intoxicating liquor licenses shall permit the holder of an on -sale intoxicating
liquor license to sell intoxicating liquor for consumption on the licensed premises on
Sundays as provided in Article V.
W(f) Set-up licenses.
(O(g) Wine licenses shall permit the sale of wine as provided in article II, division 3 of this
chapter.
Section 3. Chapter 4 Section 4-68 is hereby amended to delete the strikeout and add the
underlined text:
No on -sale intoxicating liquor license shall be granted to any applicant unless the building and
land to be used as the licensed premises has a market value of $525,000.00 $250,000 or more,
exclusive of land efixtures. The market value of the building shall be determined by the
valuation, closest in time to the license application date, placed on it by the county assessor.
Section 4. Chapter 4 Section 4-98 (3) License Restrictions for On -Sale Wine is hereby
amended to read as follows:
The business of a licensee shall be conducted in such a manner that at least 74 50 percent of the
gross sales of the business for any license year shall be for the serving of food. The business of a
restaurant which is part of a greater operation, such as a hotel or motel, shall be conducted in
such a manner that at least 75 50 percent of the gross sales of the total operation attributable to
the serving of food, wine and beer for any license year shall be for the serving of food. Holders
of on -sale wine licenses shall be responsible for keeping accurate books and records showing
that they are operating in compliance with this subsection and shall, upon reasonable notice,
make all such books and records available for inspection and audit by the city or its agents at the
licensed premises during the regular business hours of the city to ensure compliance with this
subsection.
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Section 5. Chapter 4, Article II is hereby amended to include Division 4, Taproom and
Growler Sales as follows:
Division 4 Taprooms / and Growler Sales
Section 4-101. —Brewery Taproom License. A brewery taproom license authorized on -sale malt
liquor produced by the brewer for consumption of the premises of or adjacent to one brewery
location owned by the brewer.
Section 4-102. — Taproom Off -Sale Growler License. A growler license allows for the off -sale
of malt liquor produced on site by a brewer growler container as defined in Chapter 4, Section
4.1 of this code.
Section 4-103. — License Fee. The annual license fee for taproom shall follow the same process,
procedures, fee amounts, and license expirations as Section 4-34 of this code.
Section 4-104. — Conditions of Licenses for Taproom.
(a) Applicant. This license may be issued to the holder of brewer's license under Minnesota
Statutes 340.A301.
(b) Conditions.
(1) A brewer may hold only one (1) brewer taproom license under this section, and
may not have an ownership of another brewery.
(2) The on -sale of malt liquor may only be sold Monday through Saturday, unless a
Sunday sales license is attained, and during the hours that "on -sale" of liquor may
be made.
(3) A brewery must demonstrate compliance with all zoning ordinance standards
pertaining to breweries and taprooms.
(4) A other provisions of this chapter shall be applicable to such licenses and
licensees unless inconsistent with the provisions of this section.
(c) Nothing in this section shall preclude the holder of a brewer taproom license from also
holding a license to operate a restaurant at the taproom location. Taprooms are exempt
from the food sales restriction of Section 4-31 (b) and Section 4-98 of this Ordinance.
Section 4-105. — Brewery License for Off -Sale of Malt Liquor in Growlers. Brewery Licensed
under Minnesota Statutes 340.301 Subd. 6, clause (c), (i) or 0), may be issued a license for off -
sale of malt liquor at its licensed premises that has been produced and packaged by the brewer.
(a) The amount of malt liquor sold at off -sale may not exceed 500 barrels annually.
(b) Off sale of malt liquor shall be limited to the legal hours for off -sale at exclusive liquor
stores in the jurisdiction in which the brewer 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.
(c) The malt liquor must be packaged in 64 ounce containers known as growlers and may
have the following packaging requirements:
(1) Growlers must bear a twist -type closure, cork, stopper or plug
(2) At time of sale, paper or plastic adhesive band, strip, or sleeve shall be applied to
the container and extend over the top of the closure, forming a seal.
(3) The band, strip or sleeve must bear the name and address of the brewer, and the
container must be identified as malt liquor, contain the name of the malt liquor,
and bear the name and address of the brewer selling the malt liquor, and shall be
considered intoxicating liquor unless labeled otherwise.
(d) A brewer may only have one license under this subdivision.
Section 4-106. — Operations. Taproom growler sales shall abide by the sales restrictions of
Article IV of this code.
Section 4-107. — Required Securities.
(a) Prior to the issuance of an taproom / growler license, an applicant shall file with the city
administrator/clerk/treasurer proof of financial responsibility. The minimum requirement
for proof of financial responsibility shall be given by filing:
(1) Evidence of public liability insurance coverage and liquor liability insurance
coverage with minimum bodily injury limits of $100,000.00 per person and
$300,000.00 per occurrence and with minimum property damage limits of
$50,000.00 per occurrence, which also complies with the requirements of Minn.
Stat. § 340A.409, subd. 1;
(2) A bond of a surety company acceptable to the city with minimum coverages as
provided in subsection (a)(1) of this section; or
(3) A certificate of the state treasurer that the licensee has deposited with the state
treasurer $300,000.00 in cash or securities, which may be legally purchased by
savings banks or trust funds having a market value of $300,000.00.
(b) The security offered to meet the requirements of this section shall be approved by the city
council and the state commissioner of public safety. All surety bonds and liability
insurance policies also shall be approved as to form by the city attorney. Operation of a
business licensed under this division without, at all times, having on file with the city
4
evidence of effective security as required in this section shall be cause for revocation of
the license.
Section 6. Chapter 4 Article V, Hours of Operation is hereby amended to read as
follows:
Sec. 4-231. - Off -sale, on -sale, setup licenses.
(a) No sale of intoxicating liquor may be made by the holder of an off -sale intoxicating
liquor license at any of the following times:
(1) On Sunday. Growler sales associated on approved taproom licenses may be
sold on Sunday during the on -sale hours of operation.
(2) Before 8:00 a.m. on Monday —Saturday;
(3) After 8:00 p.m. on Monday —Thursday and after 10:00 p.m. on Friday and
Saturday, provided that an establishment may sell intoxicating liquor until
10:00 p.m. on December 31 and July 3 and on the day preceding
Thanksgiving Day unless otherwise prohibited under subsection (a)(1) of this
section;
(4) On Thanksgiving Day;
(5) On Christmas Day, December 25; or
(6) After 8:00 p.m. on Christmas Eve, December 24.
(b) No sale of intoxicating liquor may be made by the holder of an on -sale intoxicating
liquor license at any of the following times:
(1) Between 1:00 a.m. and 8:00 a.m. on the days of Tuesday —Saturday.
(2) Between 12:00 midnight and 8:00 a.m. on Mondays.
(3) After 1:00 a.m. on Sundays; except where December 31 of any year occurs on
Sunday, intoxicating liquor may be sold for consumption on a licensed
premises between 12:00 midnight and 1:00 a.m. on Monday, January 1.
(4) Between 8:00 p.m. on December 24 and 8:00 a.m. on December 25 unless
otherwise prohibited under subsection (b)(3) of this section.
(c) Holders of a setup/and taproom license shall be permitted to operate from 12:00 noon to
Sundays to 1:00 a.m. on Mondays and from 8:00 a.m. to 1:00 a.am of any weekday.
Section 7. Effective Date. This ordinance shall be in full force and effective
immediately upon its passage and publication.
ADOPTED by the City Council of Spring Park this 17th day of October, 2016.
CITY OF SPRING PARK
By
BraCe'Williams'son, mayor
ATTEST:
By4UtJf'�-51
Thevj6a Schyma, City Clerfl
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CITY OF SPRING PARK
A SUMMARY ORDINANCE
AMENDING THE SPRING
PARK CITY CODE, CHAPTER
4, ALCOHOLIC BEVERAGES
TO ESTABLISH LICENSING
AND REGULATIONS FOR
BREWERIES/TAPROOMS
ON -SALE, AND GROWLERS
OFF- SALE WITHIN
THE CITY OF SPRING
PARK, MINNESOTA
NOTICE IS HEREBY GIVEN that
on October 17, 2016, Ordinance
No. 16-04 to establish licens-
ing and regulations for breweries/
taprooms on -sale and growlers
off -sale was adopted by the City
Council of Spring Park, Minnesota.
Due to the length of the ordinance,
the following summary ordinance
has been prepared for publication.
NOTICE IS FURTHER GIVEN
that the adopted amendment in-
cludes the following components:
Chapter 4, Article 1, Section 4-1,
Definitions.
Chapter 4, Article II Licenses,
Section 4-31, Types of License.
Add off -sale growler sales and tap-
room on -sales to the list of liquor
licenses allowed in Spring Park.
Chapter 4, Article II Licenses,
Section 4-68, Building Required.
Amend this section to include land
in the value requirement. Reduce
the minimum value from $525,000
to $250,000.
Chapter 4, Article II Licenses,
Section 4-98, On -Sale Wine Re-
striction. Reduce required food
sales from 75% of total gross busi-
ness sales to 50% of total gross
business sales.
Chapter 4, Article II Licenses,
Division 4. Taprooms and Growler
Sales. This amendment added a
new ordinance division outlining
the licensing, fees and operation
requirements for taproom on -sale
and growler off -sale for brewery
taprooms.
Chapter 4, Article V, Section
4-231, Hours of Operation, Off-
-Sale, On -Sale, Set up Licenses.
This section amended sales times
to include taprooms and growler
sales.
A copy of the entire ordinance is
available for inspection on the City
of Spring Park website or a printed
copy is available at Spring Park
City Hall. Any person may review
the entire printed ordinance during
regular City Hall office hours.
ADOPTED by the City Council
of Spring Park, Minnesota this 24th
day of October, 2016
/s/ Theresa Schyma, City Clerk
Published in
The Laker
October 29, 2016
614747
Ad ID 614747