HomeMy WebLinkAboutOrdinance - 8-2015 - Amending City Code Chapter 4 Relating to Taprooms and Growler Licenses - 06/25/2015 CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 8-2015
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY
CODE CHAPTER 1 RELATING TO REFERENCES TO STATUTES; AMENDING CITY
CODE CHAPTER 4 RELATING TO TAPROOM AND GROWLER LICENSES AND
ADMINISTRATIVE AND CLARIFICATION MATTERS; AND ADOPTING BY
REFERENCE CITY CODE CHAPTER 1 AND SECTION 4.99 WHICH, AMONG OTHER
THINGS, CONTAIN PENALTY PROVISIONS
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA ORDAINS:
Section 1. City Code Chapter 1 is hereby amended by inserting a new Section 1.10 to read as
follows:
SECTION 1.10. MINNESOTA STATUTES.
As used in this City Code, references to Minnesota Statutes and Rules shall refer to such
statues and rules as may be amended from time to time.
Section 2. City Code Chapter 4, Section 4.01 is hereby amended by: (i) relocating the definition of
"Bowling center" in its entirety from subdivision 22 to subdivision 5; (ii) in the definition of
"Intoxicating Liquor and Liquor" deleting the word "beverage" and replacing it with the word
"liquor" in the second line; and (iii) in the definition of"Wine" deleting the "d" from the end of the
word "agricultured" in the second line.
Section 3. City Code Chapter 4, Section 4.01 is hereby amended by inserting the following
definitions in alphabetical order and renumbering the existing definitions as appropriate:
"Brew pub" is 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 premises,
the entire production of which is solely for consumption on tap on any licensed premises
owned by the brewer, or for off-sale from those licensed premises as permitted by
Minnesota Statutes Section 340A.24, subdivision 2.
"Brewer" has the meanings given it in Minnesota Statutes Section 340A.101.
"Brewer Taproom" is a brewer licensed under section 340A.301, subdivision 6, clause (c),
(i), or 0) who also holds a retail license to sell on-sale malt liquor produced by the brewer
for consumption on the premises of or adjacent to a brewery location owned by the brewer.
"Growler" is malt-liquor sold off-sale by a small brewer or brew pub, which has been
produced and packaged by the brewer in 64-ounce containers commonly known as growlers
or in 750 milliliter bottles.
"Malt Liquor" means any beer, ale, or other beverage made from malt by fermentation and
containing not less than one-half of one percent alcohol by volume.
"Small Brewer" is a brewer licensed under section 340A.301, subdivision 6, clause (c), (i),
or 0) who also holds a retail license to sell off-sale malt liquor at its licensed premises which
has been produced and packaged by the brewer.
Section 4. City Code Chapter 4 is hereby amended by renumbering Sections 4.02 through 4.08 to
Sections 4.03 to 4.09 and inserting a new Section 4.02 to read as follows:
SECTION 4.02. LICENSE REQUIRED.
It is unlawful for any person to directly or indirectly, on any pretense or by any device, sell,
barter, keep for sale, charge for possession, or otherwise dispose of alcoholic beverages as
part of a commercial transaction without having obtained the license or permit required by
this Chapter and/or Minnesota Statutes Chapter 340A. The licenses permitted under this
Chapter are as follows: Beer (4.20), Temporary Beer (4.21), Brewer Taproom and Small
Brewer (4.22), Brew pub (4.23), Intoxicating Liquor (4.30), Temporary Intoxicating Liquor
(4.31), and Wine (4.40).
This Section shall not apply to (1) to possession or handling for sale or otherwise of
sacramental wine or to any representative of any religious order or for use in connection
with a legitimate religious ceremony; (2) to such potable liquors as are prescribed by
licensed physicians and dentists for therapeutic purposes; (3) to industrial alcohol and its
compounds not prepared or used for beverage purposes; (5) to sales by manufacturers to
wholesalers duly licensed as such by the State of Minnesota and to sales by wholesalers to
persons holding on-sale or off-sale licenses from the City.
Section 5. City Code Chapter 4, renumbered Section 4.03 "License Applications" is hereby
amended by deleting Subd. 3 in its entirety and replacing it with the following:
Subd. 3. Application and Investigation Fees.
A. Investigation Fee. At the time of the initial application, applicants for on-sale liquor
licenses, beer licenses, on-sale wine licenses, brewer taproom licenses and on-sale brew
pub licenses shall pay a fee to the City which shall be considered an investigation fee,
not refundable to applicant, to cover the costs of the City in the investigation of the
application. No such fee shall be required of an applicant for a temporary beer or liquor
license, a small brewer license or an off-sale brew pub license. An application is not
complete until payment of the investigation fee.
B. License Fee. Prior to issuance of a license, all applicants for a license issued under this
Chapter shall pay a fee to the City which shall be considered an application fee, not
refundable to applicant except as provided in Section 4.07, Subd. 7 of this Chapter, to
cover the costs of the City in administering the license. If the license issued is for less
than a full year, the license fee shall be prorated based on the date of issuance of the
license.
Section 6. City Code Chapter 4, renumbered Section 4.03 "License Applications", Subd. 6 is
hereby amended by deleting the year"1990," in the second line.
Section 7. City Code Chapter 4, renumbered Section 4.04 "Financial Responsibility of Applicants
and Licensees", Subd. 1 is hereby amended by: (i) deleting the phrase "beer, wine or liquor" in the
first line and replacing it with the phrase "alcoholic beverage"; and (ii) deleting the year "1990," in
the second line.
Section 8. City Code Chapter 4, renumbered Section 4.04 "Financial Responsibility of Applicants
and Licensees", is hereby amended by deleting Subd. 2 in its entirety and replacing it with the
following:
Subd. 2. Exception. This Section does not apply to licensees identified in Minnesota
Statutes Section 340A.409, Subd. 4. An applicant seeking to use this exception shall, prior
to issuance of a license, provide to the City a copy of the affidavit required by statute.
Section 9. City Code Chapter 4, renumbered Section 4.05 "Processing of Application", Subd. 1 is
hereby amended by deleting the final two sentences.
Section 10. City Code Chapter 4, renumbered Section 4.05 "Processing of Application", Subd. 3 is
hereby amended by deleting the third sentence.
Section 11. City Code Chapter 4, renumbered Section 4.06 "Standards" is hereby amended by
deleting Subd. 3 in its entirety and replacing it with the following:
Subd. 3. No license shall be granted to an applicant who has a direct or indirect interest in a
manufacturer, brewer or wholesaler, except to a brew pub, brewer taproom, or small brewer,
as defined in this Chapter.
Section 12. City Code Chapter 4, renumbered Section 4.06 "Standards" is hereby amended by
deleting Subd. 7 in its entirety and renumbering Subd. 8 as Subd. 7.
Section 13. City Code Chapter 4, renumbered Section 4.07 "General Provisions Regarding
Licenses" is hereby amended by deleting Subd. 4 in its entirety and replacing it with the following:
Subd. 4. Principal Part of Business.
A. Restaurant: A licensed restaurant, including a brew pub, shall be conducted in such
manner that the principal part of the business for a license year is the serving of food.
For restaurants, "principal part" shall mean forty percent (40%) or more of the gross
receipts.
B. Hotel. A hotel shall be conducted in such manner that, in relation to that part of the total
business attributable to or derived from the serving of food and intoxicating liquors, the
principal part of the business for a license year is the serving of food. For hotels,
"principal part" shall mean forty percent (40%) or more of the gross receipts.
C. Bowling Center. A bowling center shall be conducted in such manner that the principal
part of the business for a license year is composed of food, beverage, vending machine
sales, bowling activity and other recreational activities and sales including, but not
limited to, bowling, bowling equipment, arcade games, and billiards. For bowling
centers, "principal part" shall mean seventy percent (70%) or more of gross receipts.
Section 14. City Code Chapter 4, renumbered Section 4.07 "General Provisions Regarding
Licenses", Subd. 7 is hereby amended by: (i) inserting the word "Fee" after the word "License" in
the heading; (ii) deleting the word "Refundment" and replacing it with the word "Refund" in the
heading; (iii) inserting the phrase "only under the following circumstances:" after the words
"licensee's estate" in the second line; and (iv) deleting the word "if' at the beginning of each item
in the list in the second sentence.
Section 15. City Code Chapter 4, renumbered Section 4.08 "Restrictions and Regulations", Subd. 1
is hereby amended by deleting C. in its entirety and replacing it with the following:
C. Licensee to fail, where doubt could exist, to require adequate proof of age of a person
upon licensed premises for the purpose of consuming, purchasing or procuring alcoholic
beverages. Such proof of age may be established only as set forth in Minnesota Statutes
Section 340A.503, Subd. 6.
Section 16. City Code Chapter 4, renumbered Section 4.08 "Restrictions and Regulations", Subd. 1
J. is hereby amended by inserting the phrase ", except for the off-sale of malt liquor by a brew pub
or small brewer as permitted by this Chapter" at the end of the sentence.
Section 17. City Code Chapter 4, renumbered Section 4.09 "Revocation, Suspension or Fine",
Subd. 2 B. is hereby amended by deleting the year "(1990)" in the second line.
Section 18. City Code Chapter 4, Section 4.20 is hereby deleted in its entirety and replaced with
the following:
SECTION 4.20. BEER LICENSE REQUIRED.
An applicant may apply for an on-sale and/or off-sale beer license required under this
Chapter.
Section 19. City Code Chapter 4, Section 4.21, Subd. 1 is hereby amended by: (i) deleting the
phrase "under the laws of the State of Minnesota" after the phrase "religious corporation" in the
second line; (ii) deleting the phrase "shall qualify" and replacing it with the phrase "may apply" in
the third line; and (iii) inserting the word"required" prior to the word temporary in the third line.
Section 20. City Code Chapter 4, Section 4.22 is hereby deleted in its entirety and replaced with
the following:
SECTION 4.22. BREWER TAPROOM AND SMALL BREWER (GROWLER)
LICENSES REQUIRED.
Subdivision 1. A brewer taproom may apply for a malt liquor on-sale brewer taproom
license required under this Chapter. Brewer taproom licenses are subject to all conditions
and restrictions contained in Minnesota Statutes § 340A.26.
Subdivision 2. A small brewer may apply for a malt liquor off-sale small brewer license
required under this Chapter. Small brewer, licenses are subject to all conditions and
restrictions contained in Minnesota Statutes Sections 340A.28 and 340A.285.
Section 21. City Code Chapter 4, Section 4.23 is hereby deleted in its entirety and replaced with
the following:
SECTION 4.23. BREW PUB ON-SALE AND OFF-SALE (GROWLER) LICENSES
REQUIRED
Subdivision 1. A brew pub may apply for an intoxicating liquor or 3.2 malt liquor on-sale
brew pub license for a restaurant operated in the place of manufacture required under this
Chapter. On-sale brew pub licenses are subject to all conditions and restrictions contained
in Minnesota Statutes Section 340A.24.
Subdivision 2. A brew pub that holds an on-sale brew pub license may apply for a malt
liquor off-sale brew pub license required under this Chapter. Off-sale brew pub licenses are
subject to all conditions and restrictions contained in Minnesota Statutes Sections 340A.24
and 340A.285.
Section 22. City Code Chapter 4, Section 4.30 is hereby deleted in its entirety and replaced with
the following:
SECTION 4.30. LIQUOR LICENSE REQUIRED.
An applicant may apply for an on-sale intoxicating liquor license required under this
Chapter for a hotel, restaurant, bowling center, club, or congressionally chartered veteran's
organization.
Section 23. City Code Chapter 4, Section 4.31, Subd. 1 is hereby amended by: (i) deleting the
phrase "The Council may issue to a" and replacing it with the word "A" at the beginning of the first
sentence; (ii) inserting the phrase "may apply for" after the word "("organization")" in the first
sentence; and (iii) inserting the word "required" after the phrase "temporary license" in the first
sentence.
Section 24. City Code Chapter 4, Section 4.32 is hereby repealed.
Section 25. City Code Chapter 4, Section 4.33 is hereby repealed.
Section 26. City Code Chapter 4, Section 4.40 is hereby deleted in its entirety and replaced with
the following:
SECTION 4.40. ON-SALE WINE LICENSE REQUIRED.
Subd. 1. An applicant may apply for an on-sale wine license required under this Chapter for
a restaurant which has appropriate facilities for seating not less than fifty (50) guests at one
time.
Subd. 2. Notwithstanding the prohibition contained in Section 4.02 hereof, the holder of an
on-sale wine license who also holds an on-sale beer license may sell malt liquor containing
in excess of 3.2% of alcohol by weight at on-sale without an additional license.
Section 27. City Code Chapter 4, Section 4.41 is hereby repealed.
Section 28. City Code Chapter 4, Section 4.50 is hereby amended by replacing the reference to
"Section 4.05" in line one with a reference to "Section 4.06".
Section 29. City Code Chapter 4 is hereby amended by inserting a new Section 4.71 to read as
follows:
SECTION 4.71. DAYS AND HOURS OF SALES.
Subdivision 1. Beer/Non-Intoxicating Malt Liquor. Sale of beer/non-intoxicating malt liquor
may be made only during those hours permitted by Minnesota Statutes Section 340A.504,
Subd. 1.
Subdivision 2. Intoxicating Liquor on-sale. On-sale of intoxicating liquor may be made only
during those hours permitted by Minnesota Statutes Section 340A.504, Subd. 2.
Subdivision 3. Intoxicating Liquor off-sale. Off-sale of intoxicating liquor may be made
only during those hours permitted by Minnesota Statutes Section 340A.504, Subd. 4.
Subdivision 4. 2 a.m. The hours during which alcoholic beverages may be sold are extended
to 2:00 a.m. for licensees who obtain a permit from the Commissioner of Public Safety
pursuant to Minnesota Statutes § 340A.504, subd. 7.
Subdivision 5. Sunday on-sale. Brew pubs, hotels, bowling centers, restaurants and clubs
may apply for Sunday on-sale liquor licenses subject to, and for the hours set forth in,
Minnesota Statutes Section 340A.504, Subd. 3. Taprooms may apply for Sunday on-sale
malt liquor licenses subject to Minnesota Statutes Section 340A.26 for the hours set forth in
Minnesota Statutes Section 340A.504, Subd. 3 for other Sunday sales.
Subdivision 6. Sunday off-sale. Brew pubs and small brewers may apply for Sunday off-
sale growler licenses subject to Minnesota Statutes Chapter 340A for the hours set forth in
Minnesota Statutes Section 340A.504, Subd. 3 for Sunday on-sale.
Section 30. City Code Chapter 4, Section 4.90 is hereby amended by deleting the word "and" after
the phrase "off-sale liquor" in the second line and inserting the phrase "on-sale and off-sale
brewpub, brewer taproom, and small brewer" after the phrase "on-sale of wine" in the second and
third line.
Section 31. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the
Entire City Code Including Penalty for Violation" and Section 4.99 entitled "Violation a
Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim
herein.
Section 32. This ordinance shall become effective from and after its passage and publication.
FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 16t" day of
June, 2015, and finally read and adopted and ordered published at a regular meeting of the City
Council of said City on the 161" day of June, 2015.
thleen Porta, City Clerk ncy a- ens, ay
Published in the Eden Prairie News on the 25t" day of June, 2015.
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
SUMMARY OF ORDINANCE NO. 8-2015
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY
CODE CHAPTER 1 RELATING TO REFERENCES TO STATUTES; AMENDING CITY
CODE CHAPTER 4 RELATING TO TAPROOM AND GROWLER LICENSES AND
ADMINISTRATIVE AND CLARIFICATION MATTERS; AND ADOPTING BY
REFERENCE CITY CODE CHAPTER 1 AND SECTION 4.99 WHICH,AMONG OTHER
THINGS, CONTAIN PENALTY PROVISIONS.
The following is only a summary of Ordinance No. 8-2015. The full text is available for public
inspection by any person during regular office hours at the Office of the City Clerk.
SUMMARY: The Ordinance adds City Code Section 1.10 relating to references to Statutes;revises
City Code Chapter 4 primarily relating to taprooms and growler sales but also incorporating a
number of administrative type revisions for clarification of issues that the Police Department has
indicated have raised questions over the years;and incorporates,by reference, City Code Chapter 1
and City Code Section 4.99, which contain provisions relating to penalties.
EFFECTIVE DATE. This Ordinance shall take effect upon publication.
ATTEST:
Kat Teen Porta, City Clerk 4Nay
PUBLISHED in the Eden Prairie News on June 25, 2015.
Affidavit of Publication
Southwest Newspapers
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,
MINNESOTA State of Minnesota
SUMMARY OF ORDINANCE )SS.
NO.8-2015
AN ORDINANCE OF THE
CITY OF EDEN PRAIRIE, County of Hennepin
MINNESOTA AMENDING
CITY CODE CHAPTER 1
RELATING TO REFERENCES
CI STATUTES; AMENDING Laurie A.Hartmann, being duly sworn, on oath says that she is the authorized agent of the
CITY CODE CHAPTER 4 g y y g
RELATING TO TAPROOM publisher of the newspapers known as the Eden Prairie News and Lakeshore Weekly News and
AND GROWLER LICENSES has full knowledge of the facts herein stated as follows:
AND ADMINISTRATIVE
AND CLARIFICATION (A) This newspaper has complied with the requirements constituting qualification as a legal
MATTERS; AND ADOPTING newspaper,as provided by Minnesota Statute 331A.02,331A.07,and other applicable laws,as
BY REFERENCE CITY CODE amended.
CHAPTER 1 AND SECTION
4.99 WHICH, AMONG OTHER (B)The printed public notice that is attached to this Affidavit and identified as No.
THINGS, CONTAIN PENALTY published on the date or dates and in the newspaper stated in the attached Notice and said
PROVISIONS. was P
The following is only a Notice is hereby incorporated as part of this Affidavit.Said notice was cut from the columns of
summary of Ordinance No.8-2015. the newspaper specified.Printed below is a copy of the lower case alphabet from A to Z,both
The full text is available for public inclusive,and is hereby acknowledged as being the kind and size of type used in the composition
inspection by any person during and publication of the Notice:
regular office hours at the Office
of the City Clerk. abcdefghijklmnopgrstuvwxyz
SUMMARY. The Ordinance
adds City Code Section 1.10 n
relating to references to Statutes;
revises City Code Chapter 4 iBy:
primarily relating to taprooms Laurie A.Hartmann
and growler sales but also
incorporating a number of
administrative type revisions for
clarification of issues that the Subscribed and sworn before me on
Police Department has indicated
have raised questions over the
years; and incorporates, by
reference, City Code Chapter 1 �y C10-
and City Code Section 4.99,which thisQ J day of 2015
contain provisions relating to
penalties.
EFFECTIVE DATE. This
Ordinance shall take effect upon Z. �N
r
publication. �� ' ' `� �'� ����
Nancy Tyra-Lukens,Mayor G'CTl ' 'l E�UC VNNESO?A
ATTEST: Kathleen Porta,CityN ublic " G "
.1'��R�l�iS51� R.S Gl !'.8
Clerk "
(Published in the Eden Prairie
News on Thursday,June 25,2015;
No.3865)
RATE INFORMATION
Lowest classified rate paid by commercial users for comparable space...$31.20 per column inch
Maximum rate allowed by law for the above matter...................................$31.20 per column inch
Rate actually charged for the above matter...............................................$12.59 per column inch