HomeMy WebLinkAboutOrdinance No. 4195 - Ordinance125B:SundayGrowlerSalesOrdinance ORDINANCE NO.
AN ORDINANCE CREATING AND ENACTING SUBDIVISION 3a OF
SECTION 125B.01, AND CLAUSE J AND K OF SUBDIVISION 1 OF
SECTION 125B.04, AND AMENDING AND REENACTING CLAUSE
H AND I OF SUBDIVISION 1 OF SECTION 125B.04, SUBDIVISION 4
OF SECTION 125B.04, CLAUSE F AND G OF SUBDIVISION 1 OF
SECTION 125B.081, SUBDIVISIONS 1, 2, 3 AND 5 OF SECTION
125B.21, AND SUBDIVISION 10 OF SECTION 125B.23, OF THE
ROCHESTER CODE OF ORDINANCES, RELATING TO BREW
PUBS AND SMALL BREWER AND TAPROOM LICENSES, DAYS
AND HOURS OF SALE OF ALCOHOLIC BEVERAGES, AND
IDENTIFICATION REQUIRED FOR PURCHASE OF ALCOHOLIC
BEVERAGES.
THE COMMON COUNCIL OF THE CITY OF ROCHESTER DO ORDAIN:
Section 1. Subdivision 3a of Section 125B.01 of the Rochester Code of Ordinances is
hereby created and enacted to read as follows:
Subd. 3a. "Brew pub" 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 by state law.
Section 2. Clause J of Subdivision 1 of Section 125B.04 of the Rochester Code of
Ordinances is hereby created and enacted to read as follows:
J. "Brew Pub — On-Sale" license authorizes a brew pub to sell malt liquor
for consumption at a restaurant operated in the place of manufacture.
Section 3. Clause K of Subdivision 1 of Section 125B.04 of the Rochester Code of
Ordinances is hereby created and enacted to read as follows:
K. "Brew Pub — Off-Sale" license authorizes a brew pub that holds an on-
sale license, with the approval of the commissioner, to sell malt liquor
produced and packaged on the licensed premises in compliance with
state law. Off-sale of malt liquor shall be limited to the legal hours for
off-sale at exclusive liquor stores, except that malt liquor in growlers
only may be sold at off-sale on Sundays.
Section 4. Clause H of Subdivision 1 of Section 125B.04 of the Rochester Code of
Ordinances is hereby amended and reenacted to read as follows:
H. "Small Brewer— Off-Sale" license authorizes a brewer licensed under
Minn. Stat. 340A.301, subd. 6, clause (c), (i) or (j), with the approval of
the commissioner, to sell malt liquor at its licensed premises that has
been produced and packaged by the brewer in compliance with state
law. A brewer may have one Small Brewer— Off-sale license and the
amount of malt liquor sold at off-sale may not exceed 500 barrels
annually. Off-sale of malt liquor shall be limited to the legal hours for
off-sale at exclusive liquor stores, except that malt liquor in growlers
only may be sold at off-sale on Sundays.
Section 5. Clause I of Subdivision 1 of Section 125B.04 of the Rochester Code of
Ordinances is hereby amended and reenacted to read as follows:
1. "Brewer Taproom — On-Sale" license authorizes the holder of a
brewer's license under Minn. Stat. 340A.301, subd. 6, clause (c), (i) or
(j) to sell malt liquor produced by that brewer for consumption on the
premises of or adjacent to one brewery location owned by the brewer.
Section 6. Subdivision 4 of Section 125B.04 of the Rochester Code of Ordinances is
hereby amended and reenacted to read as follows:
Subd. 4. Special Sunday License. Hotels, restaurants, and clubs, holding an
on-sale intoxicating liquor license may apply for a Special Sunday license
authorizing the establishment to sell intoxicating liquor for consumption on the
licensed premises in conjunction with the sale of food between the hours of 8:00
a.m. on Sundays and 1:00 a.m. on Mondays. A licensee holding a Brew Pub — On-
Sale or Brewer Taproom — On-Sale license may apply for a Special Sunday license
authorizing the sale of malt liquor between the hours of 8:00 a.m. and 1:00 a.m. on
Mondays. A licensee holding a Brew Pub — Off-Sale or Small Brewer — Off-Sale
license may apply for a Special Sunday license authorizing the off-sale of malt liquor
growlers between the hours of 8:00 a.m. and 8:00 p.m.
Section 7. Clause F of Subdivision 1 of Section 125B.081 of the Rochester Code of
Ordinances is hereby amended and reenacted to read as follows:
F. Small Brewer— Off-Sale or Brew Pub— Off-Sale Licenses: $36.00 per
year.
Section 8. Clause G of Subdivision 1 of Section 125B.081 of the Rochester Code of
Ordinances is hereby amended and reenacted to read as follows:
G. Brewer Tap Room or Brew Pub — On-Sale Licenses: $300.00 per
year.
Section 9. Subdivision 1 of Section 125B.21 of the Rochester Code of Ordinances is
hereby amended and reenacted to read as follows:
Subdivision 1. 3.2 percent malt liquor. No sale of 3.2 percent malt liquor
may be made between 1:00 a.m., or 2:00 a.m. if licensee has obtained state
approval of extended closing period, and 8:00 a.m. on the following day. No on-sale
licensee shall permit any person to consume any 3.2 percent malt liquor on the
premises except within the hours when the sale of such 3.2 percent malt liquor is
permitted and for a period of one and one-half hours later; no person shall consume
any 3.2 percent malt liquor on the licensee's premises except within the hours when
the sale of such malt liquor is permitted or within the period of one and one-half
hours after said sales are permitted.
Section 10. Subdivision 2 of Section 125B.21 of the Rochester Code of Ordinances is
hereby amended and reenacted to read as follows:
Subd. 2. Intoxicating liquor; on-sale. No sale of intoxicating liquor for
consumption on the licensed premises may be made between 1:00 a.m., or 2:00
a.m. if licensee has obtained state approval of extended closing period, and 8:00
a.m. the following morning.
Section 11. Subdivision 3 of Section 125B.21 of the Rochester Code of Ordinances is
hereby amended and reenacted to read as follows:
Subd. 3. Intoxicating liquor; Sunday sales; on-sale. A restaurant, club, or
hotel with a seating capacity for at least 15 persons and which holds a Special
Sunday license or a Wine licensee may sell intoxicating liquor or wine, as their
alcoholic beverage license otherwise permits, for consumption on the premises in
conjunction with the sale of food between the hours of 8:00 a.m. on Sundays and
1:00 a.m., or 2:00 a.m. if licensee has obtained state approval of extended closing
period, on Mondays. Brewers holding a Brew Pub — On-Sale or Brewer Tap Room
licenses may sell malt liquor for consumption on the premises between the hours of
8:00 a.m. on Sundays and 1:00 a.m., or 2:00 a.m. if licensee has obtained state
approval of extended closing period, on Monday.
Section 12. Subdivision 5 of Section 125B.21 of the Rochester Code of Ordinances is
hereby amended and reenacted to read as follows:
Subd. 5. Intoxicating liquor; off-sale. No sale of intoxicating liquor may be
made by an off-sale licensee:
A. on Sundays, except for malt liquor sold in growlers by brewers
possessing Brew-Pub— Off-Sale or Small Brewer— Off-Sale licenses;
B. before 8:00 a.m.;
C. after 8:00 p.m. on the days of Monday through Thursday; after 9:00
p.m. on Friday; or after 10:00 p.m. on Saturday; an establishment may
sell intoxicating liquor until 10:00 p.m. on the evening preceding
Thanksgiving Day, on December 31 and July 3 unless otherwise
prohibited under clause (a);
D. on Thanksgiving Day;
E. on Christmas Day, December 25;
F. after 8:00 p.m. on Christmas Eve, December 24.
Section 13. Subdivision 10 of Section 12513.23 of the Rochester Code of Ordinances is
hereby amended and reenacted to read as follows:
Subd. 10. No person shall enter or attempt to enter a premises licensed for
the sale of intoxicating liquor without having in their possession valid identification.
For purposes of this subdivision, the term "valid identification" means:
A. A valid driver's license or identification card issued by Minnesota,
another state, or a province of Canada, and including the photograph
and date of birth of the license person;
B. A valid military identification card issued by the United States
Department of Defense;
C. A valid passport issued by the United States;
D. A valid instructional permit issued under Minn. Stat. section 171.05 to
a person of legal age to purchase alcohol which includes a
photograph and date of birth of the person issued the permit; or
E. In the case of a foreign national, by a valid passport.
Section 14. This ordinance shall be effective as of the date of its publication.
PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS DAY OF , 2015.
PRESIDENT OF SAID COMMON COUNCIL
ATTEST:
CITY CLERK
APPROVED THIS DAY OF , 2015.
MAYOR OF SAID CITY
(Seal of the City of
Rochester, Minnesota)
Ord15/125B.01 et seq