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HomeMy WebLinkAboutOrdinance - 18-2015 - Amending City Code Chapter 4 Relating to Microdistillelries - 11/26/2015 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 18-2015 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE CHAPTER 4 RELATING TO MICRODISTILLERIES 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 4, Section 4.01 is amended by inserting the following definitions in alphabetical order and renumbering the existing definitions as appropriate: "Distilled Spirits" is ethyl alcohol, hydrated oxide of ethyl, spirits of wine, whiskey, rum, brandy, gin, and other distilled spirits, including all dilutions and mixtures thereof, for nonindustrial use. "Microdistillery" is a distillery operated within the state producing premium, distilled spirits in total quantity not to exceed 40,000 proof gallons in a calendar year, which distillery is licensed under Minn. Stat. Chap 340A. "Cocktail Room" is an establishment on the premises of or adjacent to one distillery location owned by a distiller for the on-sale of distilled liquor produced by the distiller. Section 2. City Code Chapter 4, Section 4.02 is amended by inserting the words "Cocktail Room and Microdistillery Off-Sale (4.24)," after the words "Brew pub (4.23)," in the final sentence of the first paragraph. Section 3. City Code Chapter 4, Section 4.03, Subd. 3 A is amended by inserting the phrase cocktail room licenses," after the words "on-sale wine licenses," in the first sentence. Section 4. City Code Chapter 4, Section 4.03, Subd. 3 A is amended by inserting the phrase ", a microdistillery off-sale license," after the words "or liquor license," in the second sentence. Section 5. City Code Chapter 4, Section 4.06, Subd. 3 is amended by inserting the word "microdistillery,"after the words "except to a". Section 6. City Code Chapter 4 is amended by inserting a new Section 4.24 to read as follows: SECTION 4.24. COCKTAIL ROOM AND MICRODISTILLERY OFF-SALE LICENSES REQUIRED. Subdivision 1. A microdistillery may apply for a microdistillery cocktail room license for the on-sale of distilled spirits required under this Chapter. Cocktail room licenses are subject to all conditions and restrictions contained in Minnesota Statutes § 340A.22. Subdivision 2. A microdistillery may apply for a microdistillery off-sale license for the off-sale of distilled spirits required under this Chapter. Microdistillery off-sale licenses are subject to all conditions and restrictions contained in Minnesota Statutes Sections 340A.22. Section 7. City Code Chapter 4, Section 4.90 is hereby amended by inserting the phrase "cocktail room and microdistillery off-sale," after the phrase "on-sale of wine," in the first sentence. Section 8. 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 or Petty Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim herein. Section 9. 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 20th day of October, 2015, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 171h day of November, 2015. Ka Teen Porta, City Clerk Na c 64-L e a7;,-3 a or PUBLISHED in the Eden Prairie News on the 26th day of November, 2015. CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA SUMMARY OF ORDINANCE 18-2015 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CHAPTER 4, TO PROVIDE FOR THE ISSUANCE TO A MICRODISTILLERY AN ON- SALE MICRODISTILLERY COCKTAIL ROOOM LICNESE AND AN OFF-SALE LICENSE FOR DISTILLED SPIRITS MANUFACURED ON-SITE AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 4.99 WHICH, AMONG OTHER THINGS, CONTAINS PENALTY PROVISIONS The following is only a summary of Ordinance No. 18-2015. The full text is available for public inspection by any person during regular business hours in the office of the City Clerk. SUMMARY: This ordinance amendment allows for the issuance to the holder of a microdistillery licensed under state law an on-sale microdistillery cocktail room license and an off-sale license for the sale of distilled spirits. The off-sale hours of the sale must conform to hours of sale for retail off-sale licensees in the licensing municipality. No brand may be sold at the microdistillery unless it is also available for distributor by wholesalers. EFFECTIVE DATE: This Ordinance shall take effect upon publication. ATTEST: 414. leen Porta, City Clerk Nat y T -Lu n , or ath PUBLISHED in the Eden Prairie News on November 26, 2015. Affidavit of Publication c CITY OF EDEN PRAIRIE Southwest Newspapers HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE State of Minnesota 18-2015 AN ORDINANCE OF THE )SS. CITY OF EDEN PRAIRIE, MINNESOTA AMENDING County of Hennepin CHAPTER 4, TO PROVIDE FOR THE ISSUANCE TO A MICRODISTILLERY AN ON- SALE MI ROOM LI LERY SE Laurie A. Hartmann, being duly sworn, on oath says that she is the authorized agent of the COCKTAIL ROOOM LICNESE g y y g AND AN OFF-SALE LICENSE publisher of the newspapers known as the Eden Prairie News and Lakeshore Weekly News and FOR DISTILLED SPIRITS has full knowledge of the facts herein stated as follows: MANUFACURED ON-SITE AND ADOPTING BY REFERENCE (A) This newspaper has complied with the requirements constituting qualification as a legal CITY CODE CHAPTER 1 AND newspaper,as provided by Minnesota Statute 331A.02,331A.07,and other applicable laws,as SECTION 4.99 WHICH,AMONG amended. OTHER THINGS, CONTAINS PENALTY PROVISIONS The following is only a (B)The printed public notice that is attached to this Affidavit and identified as No. summary of Ordinance No. 18- was published on the date or dates and in the newspaper stated in the attached Notice and said 2015. The full text is available for Notice is hereby incorporated as part of this Affidavit.Said notice was cut from the columns of public inspection by any person the newspaper specified.Printed below is a copy of the lower case alphabet from A to Z,both during regular business hours in inclusive,and is hereby acknowledged as being the kind and size of type used in the composition the office of the City Clerk. and publication of the Notice: SUMMARY: This ordinance amendment allows for the issuance abcdefghijkhnnopgrstuvwxyz to the holder of a microdistillery licensed under state law an on- sale microdistillery cocktail room B l license and an off-sale license for B:� the sale of distilled spirits. The Laurie A.Hartmann off-sale hours of the sale must conform to hours of sale for retail off-sale licensees in the licensing municipality. No brand may be Subscribed and sworn before me on sold at the microdistillery unless it is also available for distributor by wholesalers. ��yy � EFFECTIVE DATE: This this-4 y day of 2015 Ordinance shall take effect upon publication. Nancy Tyra-Lukens,Mayor ATTEST: Kathleen Porta,City ) .YV,Ri. J E/k��� E W Kr\ Clerk (Published in the Eden Prairie N0 AJiY r nJC•VN�,NEXTIA News on Thursday,November 26, " Y Ct�a,P� ! ',RS 01�3 1118 2015•No 3936) N a b is 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