Loading...
HomeMy WebLinkAbout2017-03 12-11 CCOCITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 11th day of December, 2017, at 7:00 p.m. or as soon thereafter as the matter may be heard at City Hall, 6301 Shingle Creek Parkway, to consider an ordinance related to liquor licensing. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please notify the City Clerk at 763-569-3306 to make arrangements. ORDINANCE NO. 2017-03 AN ORDINANCE AMENDING CHAPTER 11 OF THE CITY CODE OF ORDINANCES REGARDING LIQUOR LICENSES THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Article I. Brooklyn Center City Code, Section 11-103 is amended as follows: 1.Brew Pub, as used in this Chapter, 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 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 in Minnesota Statutes, Section 340A.24, Subdivision 2. 2.Brewer, as used in this Chapter, means a person who manufactures malt liquor for sale. 3. Club, as used in this Chapter, means an incorporated organization organized under the laws of Minnesota for civic, fraternal, social, or business purposes, for intellectual improvement, or for the promotion of sports, or a congressionally chartered veterans' organization, which: (1) has more than 30 members: (2) has owned or rented a building or space in a building for more than one year that is suitable and adequate for the accommodation of its members; and (3) is directed by a board of directors, executive committee, or other similar body chosen by the members at a meeting held for that purpose. No member, officer, agent, or employee shall receive any profit from the distribution or sale of beverages to the members of the Club, or their guests, beyond a reasonable salary or wages fixed and voted on each year by the aoverninu body. 44. Hotel, as used in this Chapter, means and includes any establishment having a resident proprietor or manager where, in consideration of payment therefor, food and lodging are regularly furnished to transients, which maintains for the use of its guests not less than 100 guest rooms with bedding and other usual, suitable, and necessary furnishings in each room, which is provided at the main entrance ORDINANCE NO. 2017-03 with a suitable lobby, desk, and office for the registration of its guests on the ground floor, which employs an adequate staff to provide suitable and usual service, and which maintains under the same management and control as the rest of the establishment and has, as an integral part thereof, a dining room with appropriate facilities for seating not less than 100 guests at one time, where the general public are, in consideration of payment therefor, served with meals at tables. In the case of an on- sale-Class E liceise-the--Hote1-sha11-hae and which has a dining room with appropriate facilities for seating not less than 30 guests at one time where guests are provided with food and beverages. 25. Liquor, as used in this Chapter, without modification by the words "intoxicating" or "3.2 percent malt," includes intoxicating liquor, 3.2 percent malt liquor, and malt liquor. 3. Premises, as used in this Chapter, shall mean the inside of the building or the leased space inside a building as shown on the plan submitted to the City Manager's designee with the original license. Outside areas, such as patios or parking lots, shall not be included in the definition of "Premises" unless specifically listed on the license or special permission is obtained in writing from the City for a limited period of time under certain conditions. 47. Restaurant, as used in this Chapter, means an eating facility, other than a Hotel, under the control of a single proprietor or manager, where meals are regularly prepared on the Premises, where full waitress/waiter table service is provided, where a customer orders food from printed menus and where the main food course is served and consumed while seated at a single location and that has at least 30% of its applicable revenue derived from the serving of food for consumption on the Premises. It shall have a license from the State as required by Minnesota Statutes, Section 157.16, as it may be amended from time to time, which has been delegated to and is issued by Hennepin County. and shall meet the definition of either a "small establishment," "medium establishment," or "large establishment" as defined in Minnesota Statutes, Section 157.16, Subdivision 3(d), as it may be amended from time to time. An establishment that serves prepackaged food that receives heat treatment and is served in the package or frozen pizza that is heated and served, shall not be considered to be a "Restaurant" for purposes of this Chapter unless it meets the definitions of "small establishment," "medium establishment," or "large establishment." Article II. Brooklyn Center City Code, Section 11-104 is amended as follows: Section 11-104. MUNICIPAL LIQUOR STORE. Subdivision 1. Municipal Liquor Store. A municipal liquor store that was previously established is hereby continued to be operated within the city for the off-sale of intoxicating liquor. Except as provided in Section 11-107444-), no intoxicating liquor shall be sold or caused to be sold at off-sale within the city by any person or entity other than that at the ORDINANCE NO. 2017-03 municipal liquor store. Article III. Brooklyn Center City Code, Section 11-107 is amended as follows: Section 11-107. TYPES OF LIQUOR LICENSES AND PERMITS. The following are the types of Liquor licenses and permits that may be issued by the City pursuant to this Chapter: On-Sale 3.2 Percent Malt Liquor License s . The City may issue On-Sale 3.2 Percent Malt Liquor Licenses, which shall permit the consumption of 3.2 percent malt liquor on the licensed Premises only. This license is s ubject to Minnesota Statutes, Section 340A.403, and shall be issued only to a Restaurant, elub, bowling center or Hotel where food is prepared and served for consumption on the Premises or to the City of Brooklyn Center for City facilities and events. 2. Off-Sale 3.2 Percent Malt Liquor License s . The City may issue Off-Sale 3.2 Percent Malt Liquor Licenses. This license is subject to Minnesota Statutes. Section 340A.403, and allows which shall permit the sale of 3.2 percent malt liquor in its original package for consumption off the licensed Premises only. Temporary On-Sale 3.2 Percent Malt Liquor License 3, The City may issue Temporary On-Sale 3.2 Percent Malt Liquor Licenses, but which shall be issued only to a club or charitable, religious, or nonprofit organization. Temporary On Sale 3.2 Percent Malt Liquor Licenses shall be This license is subject to Minnesota Statutes, Section 340A.403, and any special terms and conditions the City Council may prescribe. 4. On-Sale Intoxicating Liquor License. The City may issue On-Sale Intoxicating Liquor Licenses, which are subject to Minnesota Statutes, Section 340A.404, to the following establishments: a.A Restaurant must have with a dining room that is open to the general public, with a total minimum floor area of 1,800 square feet and seat seating for not less than 440 30 guests at one time in order to obtain an On Sale Intoxicating Liquor License. The following are the classes of 01 +- Intoxicating Liquor Licenses that may be issued by the City: b.A Hotel with a dining room that is an integral nart thereof, is under the same management and control as the Hotel, with appropriate facilities for seating not less than 30 guests at one time, and where the general public is, in consideration of payment therefor, served with meals at tables. c. A Club that has been in existence for at least three years that sells Liquor only to members and bona fide guests. This license may be issued only with the approval of the Commissioner of Public Safety. d. A business establishment that is not otherwise eligible for an on-sale ORDINANCE NO. 2017-03 intoxicating liquor license and that, as part of its business, conducts culinary or cooking classes for which payment is made by each participant or advance reservation required. This license is subject to Minnesota Statutes. Section 340A.4041. C. In accordance with Minnesota Laws 1990, Chapter 554, Section -2-0--j—he City may issue one on-sale intoxicating liquor license for the Earle Brown Heritage Center that authorizes the sale and serving of liquor to persons attending events at the center. This license is in addition to the number of on-sale intoxicating liquor licenses the City is authorized to issue. a. On Sale Class A Intoxicating Liquor License. A Hotel or Restaurant that ,.. ;+r. 'PTV111T 1-rnr. flO/, to 70 0 4 ofit ,4 inn1irnlil rivniie derived f4-A420 th servina of food JJIitrJnT11flItIf 1I11Ill]U1 • :mJiimh1PiiJdl1E&L1(ITIuJiOM - VL1IHIllII!1IIJ1il flIJlfl IIIIIIIiiULLLbfffflhIUiLJI[i1IjJN:JlLIOI 'lulL -ItflhIiIiUJ[[IllEllC1i!PtMiIEII][VllIJiJAIW!kIiIi1UI1LIIIIWIMi1RITl' It ir rruta:iiiiwiiTi ijiiirinii' rIlllliflJu1J1JtflT1J1 FLIJffl1TII LLI1 IL 0 ORDINANCE NO. 2017-03 ITJJiFIW1JIllhiJiiJJ iwiiaii iiUiiiilJiIIiIflflllEI1UW wm; sm nama S; my, i;rj a M ngw_ oil t[IIITlllu!j1J 1TUJ[llflu1iE1UjTll1iR1ilWflllllfLffU1I11itEtLI]IiiVfi gf, Special Provision; Special Event Permit. The holder of an On-Sale Intoxicating Liquor License may be granted a Special Event Permit by either the City Council or by the City Manager's designee for a temporary expansion of the licensed Premises for wedding receptions, parties, promotional activities, or other special events. A Special Event Permit may be issued by the City only for specified areas of the same lot, piece or parcel of land on which the Premises lies, or a contiguous lot, piece or parcel of land. Application shall be made to the City Manager's designee on a form provided by the City and all information requested by the City Manager's designee shall be submitted therewith. A Special Event Permit may be granted for a period of no more than 10 days, and permits may not be granted for a total of more than 40 days in any one license year. In acting on an application, consideration shall be given by the City to such factors as noise, nature of entertainment to be provided, potential difficulties with law enforcement or security, proximity of residential or other sensitive land uses, effect on parking or other zoning or land use controls, and the nature of the event proposed. The Special Event Permit may specify conditions with which the licensee must comply, and the sale of Liquor pursuant to the permit shall be deemed a consent and agreement to the imposition of such conditions. Violations of any such conditions or any other provisions of law are grounds for suspension or revocation of the Special Event Permit and of the licensee's Liquor license. 5. Sunday On Sale Intoxicating Sales Liquor License. This license may be issued only to an establishment that holds an On Sale Intoxicating Liquor License and ORDINANCE NO. 2017-03 that serves Liquor only in conjunction with the service of food and to holders of a brewer taproom license. This license may only be issued to establishments that hold an: a.On-Sale Intoxicating Liquor License and that serves Liquor only in conjunction with the service of food - b.On-Sale Brewer Taproom License; C. On-Sale Brew Pub License and that serves Liquor only in conjunction with the service of food - d.Off-Sale Brew Pub License; e.Off-Sale Small Brewer License - e.Off-Sale Microdistillery License, but only if the City's municipal liquor stores are open on Sunday, and then only during the same hours: or f On-Sale Microdistillery Cocktail Room License. An establishment that obtains a Sunday Sales License for Sunday sales under one license is not required to obtain a Sunday Sales License for any other license the establishment holds that allows sales on Sundays for the same Premises. 6. Temporary On-Sale Intoxicating Liquor License. This license may be issued only upon receiving the approval from the Commissioner of Public Safety. The license may be issued only in connection with a social event within the city that is sponsored by a club or charitable, religious, or other nonprofit organization that has existed for at least three years or to a brewer who manufactures fewer than 3,500 barrels of malt liquor in a year. The license may authorize the sale of intoxicating liquor to be consumed on the Premises for not more than three consecutive days, and the City shall issue no more than twelve days' worth of temporary licenses to any one organization or for any one location within a 12- month period. The temporary license may authorize the sale of intoxicating liquor to be consumed on Premises other than Premises the licensee owns or permanently occupies. The temporary 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 any municipality. On Sale Club Liquor License. This license may be issued only with the approval of the Commissioner of Public Safety. This license may be issued only to clubs that have been in existence for at least three years and that shall sell Liquor only to members and bona fide guests. 2. On-Sale Wine License. This license may be issued only with the approval of the ORDINANCE NO. 2017-03 Commissioner of Public Safety. This license may be issued only to a Restaurant that has a dining area that is open to the general public and has seating for not less than 74 25 guests at one time. The Restaurant's business must be conducted in such a manner that a significant part of the revenue for a license year is the sale of food. Only the sale of wine not exceeding 14 percent alcohol by volume for consumption on the licensed Premises in conjunction with the sale of food shall be permitted. A Restaurant with an On-Sale Wine License is not required to obtain a Sunday Sales License for on-sale of wine on Sundays. 221 1=22 1.1-1 - 1-08. Consumption and Display Permit. This permit may be issued to an applicant for an establishment that complies with the requirements of Minnesota Statutes, Section 340A.414, and has obtained a permit from the Commissioner of Public Safety. IMP __., p fl .pflpp .2. WA WA I t-nfl21 p 9.On-Sale Brew Pub License. This license may be issued to a Brew Pub that op erates a Restaurant in the place of manufacture of malt liquor. This license is subject to Minnesota Statutes, Section 340A.24, and allows the City to issue an On-Sale Intoxicating Liquor License or a 3.2 Percent Malt Liquor License for the Brew Pub. Sales on Sundays may only occur if a Sunday Sales License is obtained from the City. 10.Off-Sale Brew Pub License. This license may be issued to a Brew Pub that holds an On-Sale Brew Pub License with the approval of the Commissioner of Public Safety. This license is subject to Minnesota Statutes, Section 340A.24, and allows off-sale of malt liquor produced and packaged on the licensed Premises during the legal hours for off-sale at the City's liquor stores and the malt liq uo r sold off-sale must be removed from the Premises before closing time of such liquor stores. Growlers only may be sold off-sale on Sundays if a Sunday Sales License is obtained from the City. Packaging of malt liquor for off-sale rntsi comply with Minnesota Statutes, Section 340A.285. 4-211. On-Sale Brewer Taproom License. This license may be issued to the holder of a blirewer's license under Minnesota Statutes Sction 340A.301, Subdivision 6(c), (i), or (j). A brewer taproom license This license is subject to Minnesota Statut es Section 340A.26, and authorizes on-sale of malt liquor produced by the 1Brewer for consumption on the premises of or adjacent to one brewery location owned by ORDINANCE NO. 2017-03 the brewer. A bBrewer may only have one blirewer tlaproom lLicense and may not have an ownership interest in a Brew Pu — licensed under Minnesota Statutes 30A.301, Subdivision 6(d). A bBrewer tlaproom lLicense may not be issued to a bBrewer if the bBrewer seeking the license, or any person having an economic interest in the brewer seeking the license or exercising control over the bllrewer seeking the license, is a bBrewer that brews more than 250,000 barrels of malt liquor annually or a winery that produces more than 250,000 gallons of wine annually. Sales on Sundays may only occur if a Sunday Sales License is obtained from the City. 12.Off-Sale Microdistillery License. This license may be issued to a microdistillery for the off-sale of distilled spirits. This license is subject to Minnesota Statutes, Section 340A.22, and allows the sale of one 375 milliliter bottle per customer per day of product manufactured on-site. Off-sale of distilled spirits is limited to the hours of off-sale liquor as set forth in this Chapter. No brand may be sold at the microdistillery unless it is also available for distribution by wholesalers. At least 50 percent of the annual production of the distiller must be processed and distilled on premises. Sales on Sundays may only occur if a Sunday Sales License is obtained from the City. 13.On-Sale Microdistillery Cocktail Room License. This license may be issued to the holder of an Off-Sale Microdistillerv license. This license is subject to Minnesota Statutes, Section 340A.22, and allows 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. At least 50 percent of the annual production of the distiller must be processed and distilled on premises. Sales on Sundays may only occur if a Sunday Sales License is obtained from the City. EL Off-Sale Small Brewer License. This license may be issued to a Brewer licensed under Minnesota Statutes, Section 340A.301, Subdivision 6(c). (i, or ifi. This license is subject to Minnesota Statutes, Section 340A.28, and allows the off-sale of malt liquor at its licensed premises that has been produced and packaged by the brewer. The license must be approved by the Commissioner of Public Safety. The City may not issue an Off-Sale Brewer License to a Brewer if the Brewer seeking the license, or any person having an economic interest in the Brewer seeking the license or exercising control over the Brewer seeking the license, is a Brewer that brews more than 20,000 barrels of its own brands of malt liquor annually or a winery that produces more than 250,000 gallons of wine annually. Packaging of malt liquor for off-sale must comply with Minnesota Statutes, Section 340A.285. Sales on Sundays may only occur if a Sunday Sales License is obtained from the City. Article IV. Brooklyn Center City Code, Section 11-1 10, Subdivisions 1 and 4 are amended as follows: Section 11-110. LICENSE AND PERMIT FEES; PRO RATA. ORDINANCE NO. 2017-03 Subdivision 1. License Fees. The fees for all Liquor licenses and permits shall be set by City Council resolution. The amount of the fees shall not exceed any limit establishediby Minnesota Statutes, Chapter 340A. The City Council shall not increase a fee unless notice of the proposed increase is mailed to all affected licensees at least 30 days before a public hearing held on the proposed increase as provided in Minnesota Statutes, Section 340A.408, Subdivision 31a1. Subdivision 4. Pro Rata Fees. The fee for all Liquor licenses, except temporary Liquor licenses, that are granted after the commencement of the license year shall be prorated for the remainder of the year. In computing such pro rata license fee, the fee shall be prorated on a monthly basis for an On Sale or Off Sale 3.2 Percent Malt Liquor License s and except that the fee shall be prorated on a daily basis for an On-Sale Intoxicating Liquor License. When the Liquor license is for a property on which the building is not ready for occupancy, the commencement date for computation of the license fee for the initial license period shall be the date on which a certificate of occupancy is issued. Article V. Brooklyn Center City Code, Section 11-118 is amended as follows: 4. No on-sale Liquor establishment shall sell intoxicating liquor off-sale unless the establishment is authorized under this Chapter to sell off-sale and obtains the required license; Article VI. Brooklyn Center City Code, Section 11-119 is amended as follows: Section 11-119. HOURS OF OPERATION. Subdivision 1. Hours of Operation. The hours of operation and days of sale shall be those set by Minnesota Statutes, Section 340A.504, as it may be amended from time to time. fl,tfl.fl.J.IbLWppUtflh Article VII. Brooklyn Center City Code, Section 11-121, Subdivision 1 is amended as follows: Section 11-121. LIABILITY INSURANCE AND PROOF OF FINANCIAL RESPONSIBILITY. Subdivision 1. Insurance Required. All applicants for any Liquor license or a Consumption and Display Permit must, as a condition to the issuance of the license or permit, provide proof of Liquor liability insurance to the City Manager's designee, which shall be subject to the approval of the City Council. The required insurance shall satisf ORDINANCE NO. 2017-03 the requirements of Minnesota Statutes, Section 340A.409, and of this Chapter. The issuer or surety on any liability insurance policy or bond shall be licensed to do business in the State of Minnesota, and all documents shall be approved as to content, form, and execution by the City Attorney. The licensee and shall have the City shall be named as e4nt an additional insureds on the liability insurance policy. The policy shall be effective for the entire license year. Article VIII. Brooklyn Center City Code, Section 11-121 is amended by adding the following subdivision descriptions: Subdivision 3. Notice of Cancellation. Subdivision 4. Temporary On-Sale Licenses. Article IX. Effective Date. This Ordinance shall become effective as follows: a.Article II deleting paragraph 9 of Section 11-107 and Article III deleting subdivision 2 of Section 11-119 eliminating the 2 A.M. Closing Special Liquor License is effective on July 1, 2018. All 2 A.M. closing special liquor licenses shall expire at 2 a.m. on July 1, 2018; and b.All other provisions of this ordinance are effective after adoption and upon thirty (30) days following its legal publication. Adopted this 11 th day of December 2017. Mayor ATTEST: 4j1M 'iidp& City Clerk Date of Publication: December 21, 2017 Effective Date: January 20, 2018 (Strikeout indicates matter to be deleted, double underline indicates new matter.)