HomeMy WebLinkAbout4.F.5. City Code Amendment to Permit Sunday Growler Sales Consent Business 4. F. 5.
SI-IAKOPEE
TO: Mayor and City Council
FROM: Kris Wilson, Acting City Administrator
DATE: 05/19/2015
SUBJECT: City Code Amendment to Permit Sunday Growler Sales (F)
Action Sought
The Council is asked to adopt Ordinance No. 904, Fourth Series, an Ordinance of
the City of Shakopee amending Shakope City Code Section 5.42, allowing small
brewers to sell malt liquor in growlers on Sundays.
Background
The State of Minnesota recently enacted a law that permits small brewers to sell
malt liquor in growlers on Sundays, with a license from the municipality where they
are located. In order to facilitate this, the City Code needs to be amended. City
Attorney Jim Thomson has created the attached ordinance, amending Section 5.42
of the City Code.
The state also passed a law that expands Sunday on-sale hours up to 8:00 a.m.
instead of the previous 10:00 a.m. However, no City action is required in regards to
this change, because our local ordinances allow Sunday on-sale during all hours
authorized by state law.
Requested Action
The Council is asked to adopt Ordinance No. 904, Fourth Series, an Ordinance of
the City of Shakopee amending Shakope City Code Section 5.42, allowing small
brewers to sell malt liquor in growlers on Sundays.
Attachments: Ordinance 904
ORDINANCE NO. 904, Fourth Series
AN ORDINANCE OF THE CITY OF SHAKOPEE AMENDING
SHAKOPEE CITY CODE SECTION 5.42 ALLOWING SMALL BREWERS TO SELL
MALT LIQUOR IN GROWLERS ON SUNDAYS
THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS:
Section 1. Section 5.42, Subdivision 2 of the Shakopee City Code is amended to read as follows:
SEC. 5A2 SMALL BREWER LICENSE.
Subd. 2. Small Brewer License Restrictions.
A. The amount of malt liquor sold at off-sale for purchase may not exceed 500 barrels
annually.
B. Off sale mMalt liquor sold at off-sale shall be limited to the legal hours for off-sale at
exclusive liquor stores in the City, except that a small brewer may also sell malt liquor off-
sale from 8:00 a.m. until 10:00 p.m. on Sunday. and tThe malt liquor sold off-sale must
be removed from the premises before the applicable off-sale closing time at exclusive
liquor stores.
C. The malt liquor sold off-sale shall be packed in 64-ounce containers commonly known as
"growlers"or in 750 milliliter bottles. The containers shall bear a twist-type closure, cork,
stopper, or plug. At the time of the sale, a paper or plastic adhesive band, strip or sleep
shall be applied to the container or bottle and extended over the top of the twist-type
enclosure, cork, stopper, or plug forming a seal that must be broken upon opening of the
container or bottle. The adhesive band, strip, or sleeve shall bear the name and address
of the brewer. The containers or bottles shall be identified as male liquor, contain the
name of the malt liquor, bear the name and address of the brewer selling the malt liquor,
and shall be considered intoxicating liquor unless the alcoholic content is labeled as
otherwise in accordance with the provisions of Minnesota Rules, part 7515.1100, as
amended from time to time.
D. A brewer may, but is not required to, refill any growler with malt liquor for off-sale at the
request of a customer. A brewer refilling a growler must do so at its licensed premises
and the growler must be filled at the tap at the time of sale. A growler refilled under this
subparagraph must be sealed and labeled in the manner described in Subparagraph (C)
of this Subdivision.
E. A brewer may only have one small brewer license issued by the City.
F. A small brewer license will not be issued 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 brand of malt liquor annually or a winery that produces more than
250,000 gallons of wine annually.
G. It is unlawful for a small brewer licensee, or an employee of a licensee to sell malt
liquor on any day, or during any hour,when sales of liquor are not permitted by
Minnesota Statutes.
Section 2. Effective Date. This ordinance becomes effective from and after its passage and publication.
Passed in regular session of the City Council of the City of Shakopee,Minnesota held this day
of ,2015.
Mayor of the City of Shakopee
Attest:
Acting City Clerk