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HomeMy WebLinkAboutOrdinance No. 4210 - HoursofOperate.BrewerOffSale.BrewPubOffSale.licenses ORDINANCE NO. AN ORDINANCE AMENDING AND REENACTING CLAUSE H OF SUBDIVISION 1 OF SECTION 125B.04, CLAUSE K OF SUBDIVISION 1 OF SECTION 125B.04, SUBDIVISION 4 OF SECTION 125B.04, AND SUBDIVISION 5 OF SECTION 125B.21 OF THE ROCHESTER CODE OF ORDINANCES, RELATING TO THE HOURS OF OPERATION FOR SMALL BREWER OFF-SALE AND BREW PUB OFF-SALE LICENSEES. THE COMMON COUNCIL OF THE CITY OF ROCHESTER DO ORDAIN: Section 1. 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 0), 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 on 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 as provided in section 125B.21, subd. 5 (G) except that malt liquor in growlers only may be sold at off-sale on Sundays. Section 2. Clause K of Subdivision 1 of Section 125B.04 of the Rochester Code of Ordinances is hereby amended and reenacted 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 as provided in section 125B.21, subd. 5 (G) except that malt liquor in growlers only may be sold at off-sale on Sundays. Section 3. 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, 1 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 10:00 p.m. Section 4. 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. except as provided in clause G, 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; G. for Brew-Pub — Off-Sale or Small Brewer — Off-Sale licenses, before 8:00 a.m. or after 10:00 p.m., Monday through Sunday. Section 5. This ordinance shall become effective as of the date of its publication. 2 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) Ord 15/125B.21(5) 3 gnOINAIME!10.4210 AN ORDINANCE AMEND ers between the hours of ING AND REENACTING 8:00 a,m, and 10:00 p.m. CLAUSE H OF SUBDI- Secllon 4, Subdivision 6 VISION 4 OF SECTION of'Section `12613.21 of 1258.04, CLAUSE K OF tho Ordinances s Cido f SUBDIVISION 1 OF SEC- — y TION 1258.04, SUBDI �.FF'IDA�1 I'I' OF PLT�LICATIOI� amended and reenacted to VISION 4 OF SECTION ' read ris follows, 1259.04, AND SUBDI• subd.6. intoxfoatfng VISION 5 OF SECTION 11 uor; off-sate. No sale 1258,21 OF THE ROCH.i of Inloxfcaling liquor may ESTER CODE OF ORDI-I State of Minnesota, County of Olmsted be made by an..off•sale It. NANCES, RELATING TO consee: THE HOURS OF OPERA- : A,on Sundays, except for TION FOR SMALL BREW- Site Lovejoy, being duly sworn, on oath that she is the publisher or authorized mall b liquor sold 1n.growl ER OFF-SALE AND y brewers:Possess- BREW PUB OFF-SALE agent and employee of the publisher of the newspaper known as the Post- fog Brow-Pub—O .saleor LICENSES, Small Brawer Off-Sale li. THE COMMON COUNCIL; Bulletin, and has full knowledge of the facts which are stated below: senses; OF THE CITY OF ROCH- B before B:OD a.m. ESTER DO ORDAIN; I C, exdosl as providsd In ) newspaper as comp Section 1, Clause H of A The news a hlied with all the requirements constitutingclause G alar:8,00 p.m. Subdivision 1 of Section on the says Of Monday 125B4O4 of the Roches- qualifications as a legal newspaper, as provided by Minnesota Statute through, Thursday; after 9:00p m.on Friday;.or af- ter Code of Ordinances Is 331A.02, 331A,07 and other applicable€aws, as amended. ter,10.00. ,m..on. Salur- hereby amended and reen- acted to read as follows: day;an es ablisftmani may H. "Small Brewer— Off- se11 lntoxteating liquor until Salo" license authorizes tB) The printed notice 10;00�.m. on the evening a brewer licensed un- race dingeceer 3and Thanks givin ay,on g D . rnb1 - der Minn. Slat. 340A,301,i Jul yy 3 uniass olhenv;Be subd. B, clause (c), (?, or. Which is attached was cut from the columns of said newspaper, and was pro hibitedunder clause A; 0), with the approval of D.en Thanksgiving Da the commissioner, to sell printed and published 1 time(s); it was printed and published on the following E,on Christmas Da yoe• mall liquor at Its 1lcansed camber brl Y� remises that has been dates: premises and packaged by !,after 8:00 p.m,on Chds! 1ho brewer In compliance PB 09/12/2015 ryas Eve.December 24- with state law. A brewer G� for Brow-Pub - -.6ff• may have on small Brow- (PB 09/12/2015 Sale a Sc risesewer — before er Off-Salo license and tS:00 a.m, or eller iq;p0 the amount of mall liquor I p,m„Monday through Sun- sold at off-sale may not Printed below is a copy of the lower case alphabet from a to z, both inclusive, day. ,Section 5: This exceed 600 barrels annu• or Fnanco shelf begonia cis ally. 011-sato of mall liquor which is hereby acknowledged as being the size and kind of type used in the ordJne as of all date.a its shall beti limited as provided composition and publication of the notice: publication. In section 1258.21,subd. p 5 (G) except that malt II- PASSED AND ADOPT. ED quer In growlers only may abcdef9bgkimnopgrsluvuxyz COUNCIL BTOF THCOMMON TY bo sold al 0l1•sato on Sun- OF ROCHESTER, MIN- days. POSTlB LLET . COMPANY L.L.C. NESOTA, THIS 9th DAY Section .2, Clause K of Subdivision 1 of Section BY:.. OF September,2015, 1258,04 of the Roches- /s/Randy Slaver ter code of Ordinances Is PRESIDENT OF SAIL) hereby emended and reen• TITLE: Media Inside Sales Manager acted to road as follows; K, 'Brew Pub—Off-Sala" COMMON COUNCIL license authorizes a brow ATTEST: Subscribed and sworn to me on — JEAN BUDLITZ Pub iiia!holds an on-sale ' ISI Aaron S.peeves canso, with the approv- This day of ty 20� CITY CLERK e[ of the commissioner, to NOTARY PUBLIC•KIINNESQTA APPROVED THIS 101h sell malt liquor produced DAY OF September,2015, and packaged on the It- ,r, v+ My Conirn,Exp,Jan.31,2020 /S/Ardell F,Breda sensed premises In cam- MAYOR OF SAID CITY pllance with state law. Off- WWI Public (Seal of the City of sale of mall liquor shafl be RATE INFORMAN N ocbesler.Minnesota) limited as provided in sec- (9112)1 tion 126B,21,subd.6(Q) extent [hat mall liquor in 1) Lowest classined rate paid by commercial user $21.95 _J growlers only may tie sold For comparable space (per inch/per day/display rate) at off-sata on Sundays. Section 3, Subdivision 2) Publication Fee $351.34 4 of Section 1268.04 of the Rochester Code of Ordinances Is hereby amended and reenacted to All N 146069:ORDINANCE NO,4210 AN ORDINANCE AMEN read as follows: Subd. 4. Special Sunday Llcanso, Hotels, roslau- rants, and clubs, holdingg an on-sale Intoxicating It- quor Ilcenso may apply for a Special Sunday ftense authorizing the establish- ment to sell Intoxicating li- 1uor for consumpilon on a licensed promises In conjunction with the sale of food between tho hours of 8;0o a.m.on Sundays and 1:00 am. on Mondays. A licensee holding a Brow Pub—On-Safe or Brower Taproom --- On-Sale li- cense may apply for a spa- cial Sunday license au- thorizing the sale of mall liquor between the hours' of 8:00 a.m.and 11:00 a.m. on Mondays. A Ifcensee holdingg a Brew Pub — off-Sale or Small Brewer off-Sale license may apply for a Special Sundayy !!cense authorizing the oif- Salo of malt liquor growl.