HomeMy WebLinkAbout2019-13 FINAL1
CITY OF BROOKLYN CENTER
ORDINANCE NO. 2019-13 AN ORDINANCE AMENDING CHAPTER 11 OF THE CITY CODE OF ORDINANCES REGARDING LIQUOR AND LIQUOR LICENSING
THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: ARTICLE I. Definitions. Section 11-103 of the Brooklyn Center City Code is hereby amended
as follows and the paragraphs renumbered as appropriate:
1. Applicant, means any person making an application to the City for a license under this Chapter.
2. Application, means a City form an applicant must complete and submit to the City
to request a license under this Chapter. An incomplete form, including one that is not accompanied by the required fees or additional documents, shall not be considered an application for the purposes of this Chapter and will not be processed.
3. Brewer taproom, means the on sale of malt liquor produced by a brewer for
consumption on the premises of or adjacent to one brewery location owned by the brewer. The holder of a brewer taproom license may also hold a license to operate a restaurant at the brewery.
7. Display, means the presence of liquor in a glass, bottle, can, or other container that
is located on a table, bar, railing, stool, or other place on a licensed premises accessible by customers, or where customers are otherwise served or consume liquor. The presence of liquor in containers behind a bar, or other areas of the license premises limited to employees and where access by customers is prohibited,
is not considered the display of liquor. This definition does not limit the scope of
activities requiring a consumption and display permit under state law or this Chapter. 8. 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. 10. Intoxicating liquor, means ethyl alcohol, distilled, fermented, spirituous, vinous and malt liquors containing in excess of 3.2% of alcohol by weight.
11. License, means an approval issued by the City under this Chapter authorizing the licensee to sell liquor within the City in accordance with this Chapter and all other applicable federal, state, and local laws, rules, regulations, and ordinances.
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12. Licensed premises or premises, means the portion of a building or area described
in the approved license in which the City permits the sale and consumption of
liquor. The term does not include outside areas, such as patios or parking lots, unless such areas are specifically listed in the license, or the licensee obtains special written permission from the city to temporarily allow an outside area to be considered part of the licensed premises, subject to such conditions as may be
placed on the temporary permission.
13. 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. Unless the context clearly indicates otherwise, this term is intended to be a
general reference to alcoholic beverages and includes the term “alcoholic beverage”
as defined in Minnesota Statutes, Section 340A.101, subdivision 2. 14. 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.
15. Manufacturer, means a person who, by any process of manufacture, fermenting, brewing, distilling, refining, rectifying, blending, or by the combination of different materials, prepares or produces intoxicating liquor for sale.
16. Microdistillery, means a distillery as defined by Minnesota Statutes, Section 340A.101 operated within a state producing premium, distilled spirits in total quantity not to exceed 40,000 proof gallons a calendar year.
17. Minor, means a person under the age specific in Minnesota Statutes, Section
340A.503. 18. Off-Sale, means the retail sale of liquor in original packages for consumption only off or away from the premises where sold.
19. On-Sale, means the retail sale of liquor for consumption on the premises where sold only. 20. Package and original package, mean any container or receptacle holding liquor
which the container or receptacle is corked, capped, or sealed by a manufacturer or
wholesaler. ARTICLE II. Types of Liquor Licenses. Section 11-107 of the Brooklyn Center City Code is hereby amended as follows:
15. Optional 2 A.M. Closing Special Liquor License. This license may be issued only to an establishment that holds an on-sale liquor license and has obtained a permit from the Commissioner of Public Safety under Minnesota Statutes, Section 340A.504, subdivision 7 to sell or serve alcohol until 2:00 a.m.
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ARTICLE III. Places Ineligible for Liquor Licenses. Section 11-117, subdivision 6 of the
Brooklyn Center City Code is hereby amended as follows: Subdivision 6. No Liquor license shall be granted if the Premises is located within 300 feet of, or another on-sale Liquor establishment. This prohibition shall not apply, and a
liquor license may be granted, if the proposed licensed premises and the listed use within
300 feet are located within the same zoning district. ARTICLE IV. Conditions of Liquor Licenses. Section 11-118, paragraph 6 of the Brooklyn Center City Code is hereby amended as follows and the paragraphs renumbered as appropriate:
6. It is unlawful for a licensee to sell liquor during the times when the sale of liquor is prohibited by state law or this Chapter. For on-sale licensed premises, no sale of liquor shall occur after 1:00 a.m. If the licensed premises obtains a 2:00 a.m. closing special liquor license, it may sell liquor after 1:00 a.m., but in no case after
2:00 a.m.;
7. The consumption or display of liquor by anyone, including the licensee and its employees, at an on-sale licensed premises after 1:15 a.m., or after 2:00 a.m. for a licensed premises issued a 2:00 a.m. closing special liquor license, is prohibited.
By the indicated closing time, all customers must have vacated the licensed
premises and all glasses, bottles, cans, and all other liquor containers must be removed from all tables, bars, railings, stools, or other places on the premises accessible by customers. If the licensed premises is a restaurant that continues regular food service after the applicable closing time, customers eating at the
restaurant may continue to be on the licensed premises, but the consumption or
display of liquor after the indicating closing time is prohibited. A licensed premises containing a portable bar or serving station shall, by the applicable closing time, remove all liquor from such bar or station, or place it in a locked container, so it is not accessible by customers;
ARTICLE V. Hours of Operation. Section 11-119 of the Brooklyn Center City Code is hereby 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. A licensed premises shall not sell liquor before or after its authorized hours of operation.
Subdivision 2. 2 A.M. Closing Special Liquor License. No Liquor licensee shall sell on-
sale liquor between the hours of 1 a.m. and 2 a.m., unless the licensee has obtained an optional 2 a.m. liquor permit from the Commissioner of Public Safety and has been issued the 2 a.m. closing special liquor license by the City.
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Article VI. Effective Date. This ordinance shall become effective after adoption and upon
thirty days following its legal publication.
Adopted this 9th day of December, 2019. Mike Elliott
Mayor
ATTEST: Barbara Suciu City Clerk Date of Publication: December 19, 2019
Effective Date: January 18, 2020