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2015-14 BILL NO. 2015-14 AN ORDINANCE AMENDING SECTION 1202 OF THE CITY CODE PERTAINING TO LICENSES FOR MICRO-PRODUCTION FACILITIES AND ON-SALE TAPROOMS AND COCKTAIL ROOMS THE CITY OF RICHFIELD DOES ORDAIN: Section 1. Subsection 1202.01 of the Richfield City Code is amended as follows to add the following new definitions numbered as Subdivisions and in alphabetical order, with the remaining Subdivisions re-numbered accordingly: "Brewer"means a person who manufactures malt liquor for sale. "Brewpub" means a micro-brewery with a restaurant use operated on the same premises as the brewery. "Cocktail Room" means an area for the on-sale consumption of distilled spirits produced at the distillery for consumption on the premises of the distillery or distillery-owned property adjacent to the distillery. A cocktail room may also include sale for off-premises consumption of distilled spirits produced at the distillery, subject to Minnesota Statute 340A.22, subd. 4 or its successor. "Growler" means a specially-designed 64 ounce or 750 ml beer container for exclusive off-sale of micro-brewery facility beer. A growler shall be packaged subject to Minnesota Statute 340A.285, or its successor. "Malt Liquor" means any beverage made from malt by fermentation and containing not less than one-half of one percent alcohol by volume. "Micro-brewery" means a facility that produces for sale, distribution, and consumption beer, ale, malt liquor, or other beverages made from malt by fermentation and containing not less than one-half of one percent alcohol by volume, and which possesses the appropriate Federal, State, and Municipal licenses and which produces not more than 3,500 barrels of malt liquor in a calendar year. A micro-brewery may include a taproom. "Micro-distillery" means a facility that produces Ethyl Alcohol, hydrated oxide or ethyl, spirits of wine, rum, brandy, gin, or other distilled spirits, including all dilutions and mixtures thereof, for non-industrial use in total quantity not to exceed 40,000 gallons in a calendar year. A distillery may include a cocktail room. "Taproom" means an area for the on-sale consumption of malt liquor produced by the brewer for consumption on the premises of a brewery or an abutting property in common ownership of the brewer, which may include sales of malt 1 469034v3 MDT RC160-3 liquor produced and packaged at the brewery for off-premises consumption, subject to Minnesota Statute 340A.285, or its successor. Sec. 2. Subsection 1202.05, subdivision 3 of the Richfield City Code is amended as follows: Subd. 3. Types of licenses. The following types of licenses will be issued by the City: (b) Intoxicating liquor. (1) On-sale. The City may issue on-sale intoxicating liquor licenses only to hotels, restaurants, brew pubs, and clubs. No more than 15 licenses may be issued, excluding licenses issued to clubs. (c) Sunday Sales. (1) Hotels, restaurants, brew pubs and clubs that hold an on-sale intoxicating liquor license may obtain a Sunday sales license and serve alcoholic beverages between the hours of 8:00 a.m. Sunday and 2:00 a.m. Monday in conjunction with the serving of food. (e) Micro-brewery on-sale malt liquor license ("Taproom License"). (1) The City may issue an on-sale taproom license to the holder of a brewer's license issued by the Commissioner under Minn. Stat. § 340A.301, subd. 6, clause (c), (i), or(j). (2) The license authorizes the on-sale of malt liquor produced by the brewer for consumption on the premises of or adjacent to one brewery location owned or rented by the brewer, subject to the requirements of this Section and Minn. Stat. § 340A.26. (3) Total production of malt liquor shall not exceed 3,500 barrels annually. (4) Except as provided herein, all provisions of this Section that apply to on-sale intoxicating liquor licenses shall apply to on-sale taproom licenses, (5) Licensees must have food options available to patrons. Such options may include, but are not limited to, meals or snacks that are prepared or heated on- site; pre-packaged meals or snacks available for sale on-site; on-line ordering or take-out available from neighboring restaurants. Food sales are not subject to the requirements in subsection 1201.21, subd. 18(a). 2 469034v3 MDT RC160-3 (6) The City Council may authorize a taproom to conduct on-sale business on Sundays. (7) No more than two (2)taproom licenses may be issued. (f) Micro-brewery off-sale malt liquor license ("Growler" sales). (1) The City may issue an off-sale micro-brewery malt liquor license to the holder of a brewer's license issued b the Commissioner under Minn. Stat. • 340A.301 subd. 6 clause i or ' . The license authorizes the brewer to sell at off-sale, malt liquor that has been produced and packaged by the brewer at its licensed premises in sixty four (64) ounce containers commonly known as "Growlers", subject to Minn. Stat. § 340A.285. (2) The total production of malt liquor for off-sale shall not exceed 500 barrels annually, and the total production of on-sale and off-sale cannot exceed 3,500 barrels per year. (3) The license is subject to the requirements of this Section and Minn. Stat. § 340A.28. (4) The City Council may authorize a micro-brewery to conduct sales of •rowlers onl at off-sale on Sunda s with no additional license needed. (5) No more than two (2) micro-brewery off-sale malt liquor licenses may be issued. (g) Brew pub off-sale malt liquor license ("Brew pub"). (1) The City may issue an off-sale brew pub license to the holder of both a brewer's license issued by the Commissioner under Minn. Stat. § 340A.301, subd. 6, clause (d) and a City-issued on-sale intoxicating liquor license for a restaurant operation. (2) The license is subject to the requirements of this Section, and Minn. Stat. § 340A.24. (3) The City Council may authorize a brew pub to conduct sales of growlers onl at off-sale on Sundays with no additional license needed. (4) No more than two (2)brew pub malt liquor licenses may be issued. (h) Microdistillery off-sale license. (1) The Cit ma issue an off-sale microdistiller license to a microdistiller licensed by the Commissioner for the off-sale of distilled spirits. (2) The license allows the sale of one 375 milliliter bottle per customer per day of product manufactured on-site, subject to the following ref uirements: (a) Off-sale hours of sale must conform to hours of sale for retail off-sale licensees in the City; and (b) No brand may be sold at the micro-distillery unless it is also available for distribution by wholesalers. 3 469034v3 MDT RC160-3 (3) The license is subject to the requirements of this Section and Minn. Stat. § 340A.22. (4) No more than two (2)microdistillery off-sale licenses may be issued. (i) Microdistillery cocktail room license ("Cocktail Room"). (1) The City may issue a cocktail room license to the holder of a microdistillery license issued b the Commissioner. (2) A cocktail room license authorizes on-sale of distilled liquor produced by the distiller for consumption on the premises of or adjacent to one distillery location owned b the distiller. (3) This license is subject to the requirements of this Section and Minn. Stat. § 340A.22. Except as provided herein, all provisions of this section that apply to an on-sale intoxicating liquor license apply to a cocktail room license. (4) Licensees must have food options available to patrons. Such options may include, but are not limited to, meals or snacks that are prepared or heated on- site; pre-packaged meals or snacks available for sale on-site; on-line ordering or take-out available from neighboring restaurants. Food sales are not subject to the requirements in subsection 1201.21, subd. 18(a). (5) No more than two (2) cocktail room licenses may be issued. Sec. 3. Subsection 1202.17, subdivision 2 of the Richfield City Code is amended as follows: Subd. 2. Statement for food sales. At the time a restaurant, brew pub or hotel submits a renewal application for an on-sale license, the applicant must file with the Director a statement made by a certified public accountant that shows the total alcohol sales and the total food sales of the restaurant, brew pub or hotel for the 12-month period immediately preceding the date for filing the renewal application. Subd. 3. Production reports. At the time a micro-brewery or microdistillery submits a renewal application for an on-sale or off-sale license, the applicant must file with the Director a production report showing the total volume of alcoholic beverages •roduced for the 12-month period immediately preceding the date for filing the renewal an•lication. Sec. 4. Subsection 1202.21 of the Richfield City Code is amended as follows: 4 469034v3 MDT RC160-3 Subd. 6. No combination sales. (a) On-sale licensees may not sell alcoholic beverages off-sale,, except as otherwise allowed by this Section. Subd. 18. Food requirements. (a) Restaurants and brew pubs licensed under this chapter Section must be conducted such that of the total alcohol and food sales, more than 50 percent of that total is derived from business activities related to the serving of food. Subd. 20. Original package. 0) A licensee may not sell, offer for sale, or keep for sale, alcoholic beverages in any original package which has been refilled or partly refilled. This prohibition does not appl to the refilling and off-sale of growlers as allowed by this Section and Minn. Stat. § 340A.285. )b) No licensee may in any manner tamper with the contents of an original package so as to change its composition or alcoholic content while in the original package. Possession on the premises by the licensee of any alcoholic beverage in the original package differing in the composition or alcoholic content in the liquor when received from the manufacturer or wholesaler from whom it was purchased will be prima facie evidence that the contents of the original package has been diluted, changed or tampered with. Sec. 5. This Ordinance is effective in accordance with Section 3.09 of the Richfield City Charter. Adopted by the City Council of the City of Richfield, Minnesota this 10th day of November, 2015. Akomil ebbie Goettel, Mayor ATTEST: / A 1.1/Aft2A Elizabeth VanHoose, City Clerk 5 469034v3 MDT RC160-3 AFFIDAVIT OF PUBLICATION City of Richfield (Official Publication) STATE OF MINNESOTA )ss RESOLUTION NO.11140 COUNTY OF HENNEPIN RESOLUTION APPROVING SUMMARY PUBLICATION OF AN ORDINANCE PERTAINING Charlene Vold being duly sworn on an oath, TO LICENSES FOR states or affirms that he/she is the Publisher's MICRO-PRODUCTION Designated Agent of the newspaper(s)known FACILITIES AND ON-SALE TAP- as: ROOMS AND COCKTAIL ROOMS WHEREAS,the City has adopted SC Richfield the above referenced ordinance;and WHEREAS, the verbatim text of the ordinance is cumbersome,and with the known office of issue being located the expense of publication of the in the county of: complete text is not justified;and HENNEPIN WHEREAS, the following sum- HENNEPIN clearly informs the public of with additional circulation in the counties of: the intent and effect of the ordi- HENNEPIN nance. and has full knowledge of the facts stated NOW THEREFORE, BE IT RE- SOLVED by the City Council of the below: City of Richfield that the following (A)The newspaper has complied with all of summary is hereby approved for of- the requirements constituting qualifiea- ficial publication: tion as a qualified newspaper as provided SUMMARY PUBLICATION BILL NO.2015-14 by Minn. Stat.§331A.02. AN ORDINANCE AMENDING (B)This Public Notice was printed and pub- SECTION 1202 OF THE lished in said newspaper(s) once each CITY CODE PERTAINING week, for 1 successive week(s); the first TO LICENSES FOR insertion being on 11/19/2015 and the last MICRO-PRODUCTION g FACILITIES AND ON-SALE TAP- insertion being on 11/19/2015. ROOMS AND COCKTAIL ROOMS On November 10, 2015, the MORTGAGE FORECLOSURE NOTICES Richfield City Council adopted Naon. Pursuant to Minnesota Stat. §580.033 2015-14, desire of w ch Bill stated § 2015-14,the title of which is stated relating to the publication of mortgage above. This summary of the ordi- - foreclosure notices: The newspaper complies nance is published pursuant to Sec- with the conditions described in §580.033, t Richfield City Char- teion r.The 3.12 Ordinance of the permits the City subd. 1, clause(1) or(2). If the newspaper's to issue on-sale and off-sale liquor known office of issue is located in a county licenses, as applicable, to micro- adjoining the county where the mortgaged breweries, micro-distilleries and premises or some part of the mortgaged taprooms City. The ordinance and cocktail regulates rooms in the the premises described in the notice are located, operation of these establishments, a substantial portion of the newspaper's sets production limits and allows for circulation is in the latter county certain sales to occur on Sundays. The ordinance requires taprooms and cocktail rooms to provide food on-site or to allow patrons to bring in food or have access to food from By: © neighboring restaurants. The ordi- Designated Agent nance eliminates the requirement that restaurants'total sales must be Subscribed and sworn to or affirmed before more than 50 percent related to the me on 11/19/2015 by Charlene Vold. serving BET FURTHER RESOLVED,that the City Clerk is directed to keep a copy of the Ordinance in her office ��(� to City Hall for public inspection and (,/1 V�� in post a full copy in the Cityf for Ordinance `YYY in a public place in the City for a Notary Pu is period of two weeks.Copies of the Ordinance are also available upon request by calling 612-861-9738. Adopted by the City Council of o/1'"17.'€ DARLENE MARIE MACPHERSON the City of Richfield,Minnesota this °v = �sa..� 10th day of November,2015. '" , '_I Notary Public-Minnesota Debbie Goettel,Mayor 4. `.•yy My Commission Expires Jan 31,2019 ATTEST: Elizabeth VanHoose,City Clerk 11/19/15,3SC2, Resolution No.11140,475840 Rate Information: (1)Lowest classified rate paid by commercial users for comparable space: $34.45 per column inch Ad ID 475840