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HomeMy WebLinkAboutOrdinance No. 4211 - HoursofOperate.OffSaleBrewPubs.SmallBrewers 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, AND REPEALING ORDINANCE NO. 4210, 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 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 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 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 3. Subdivision 4 of Section 125B.04 of the Rochester Code of Ordinances is hereby amended and reenacted to read as follows- 1 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 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. 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 5. Ordinance No. 4210 is hereby repealed. Section 6. 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) Ord15/125B.21(5)amd1 3 ORDINANCE 119.4211 AN ORDINANCE AMEND• =for a Special Sunday INR AND REENACTING Ifcenso:authorizing the off=i CLAUSE H OF SUSDI-� salo-of malt liquor growlers VISION 1 OF SECTION between the hours of 8:00. 112613;04 CLAUSE K OF. a,m,and 0:00 p.m, . SUBDIVISION 1 OF SEC- Section 4. subdivision b TION. 12613.04, SU8DI•' of Section 1260.21 of VISION 4 OF SECTION the Rochester Code 01 1268.04, AND SUBDI-! Ordinances Is hereby VISION 5 OF SECTION AFFIDAVIT OF PUBLICATION amended and reenacted to 126B,21 OF THE ROCH- read as follows: ESTER CODE OF ORDI Subd.4.lnloxicalipg 11 701: NANCES,AND REPEAL_- State of Minnesota County of Olmsted oft sale: No sale of 16 oxi- ING ORDINANCE NO., r eating liquor maybe made 4210, RELATING TO I by an off sale licensee: THE HOURS OF OPERA- A.on.Sundays, except for TION FOR SMALL BREW-, Site Lovejoy, being duty sworn, on oath that she Is the publisher or authorized mall Jiquar.said fn growl ER. OFF- SALE AND i agent and employee of the publisher of the newspaper known as the Post- ors ley.brewers:ppassess- BREW PUB OFF-SALE Lt. 1 0 Brow•Pub—Oil•Sale or. CENSEES, Bulletin,and has full knowledge of the facts which are stated below: all Brower—Off.sato lk ! THE COMMON COUNCIL censes; OF THE CITY OF ROCH- B.before 8:00 a.m.;C.at- I✓STERDOORDAIN: (A) The newspaper has complied with all the requirements constituting ler 8:00 p.m. on the days . Seclton.1. Clause H of of Monday through:Thurs- Subdivision 1 of Section qualifications as a legal newspaper, as provided by Minnesota Statute day;after s:00 p.rn on f d 1268.04 of rd Roches 331A.02 331A•07 and other applicable laws as amended, day; or dater to:sla p.m. tar Cads of Ordlnanoas Is � . an Saturday;an eslabltsh• + hereby amended and roon- ment may sell: Intoxlcat- I acted to read as follows: Ing t[gyor until:1.Q OO,p,m. ' li, "Small Brewer— oar (B) The printed notice on 11116 evabIng` pprecede i Sale, license authorizes In Thanks' Day, on a brewer licensed un- Decomber 31 and Juiy 3 der Minn. Slat. 340A.301, Which Is attached was cut from the Columns of said newspaper, and was unless: othetwlso prohibit- subd. B, ciause (o), (i}, of ed undor claose A; D), with the approval of printed and published 1 time(s); It was printed and published on the following D.on'rhahks>3lving Do the'commissloner, to sell F. on Chrtsimas Day, De mall liquor at Its Ilcensed; dates: comber 25; promises that has been F.altar 800 p.m.an Christi reduced and packaged by PB 09/28/2015mas Eve,December 24. p the brewer In compliance IPB 0912$12015 Section 6. Ordinance.No, with slate law. A brower 4210;Is herabyy repealed. may have on Small Brew- Seclton 6, This ordinance or Olf-sale license and shall become-effective as the amount of mall liquor Printed below is a copy of the lower case alphabet from a to z, both inclusive, of the date of Ila publ€ca• sold at off-sale may not ex- which is herebyacknowledged as being the size and kind of type used in the tion, ceed 600 barrels annually. g g yp PASSED :AND ADOPTa. composition and publication of the notice; ED BY THE COMMON COUNCIL OF THE. CITY Off-sale of mail liquor shall OF ROCHESTER, MIN- be limited to the legal hours ebWsfghiign=pgrstuvwxvr NESOTA, THIS 21st DAY for olfv sale at exclusive IPO ST LLET OMPANY L.L.C.Ilquor`slarea, except that lel Randy Slaver malt liquor In growlers,[ BY: PRESIDENT OF SAID only may be sold at off,sale 1 COMMON COUNCIL on Sunclays. ATTEST: Section 2• Clause K of TITLE: Media Inside Salesanager ISI Aaron S.Reeves. Subdivision 1 of'Secilon, CITY CLERK... 12613.04 of the Roches- APPROVED THIS 241h ler Code.of Ordinances Is DAY OF Seplornber,2015. hereby amended and re- k Subscribed and sworn to me on JEAN OUBLITZ /atArdoli F.Breda enacted to read as(allows: Tt31S �} da of 9 20 MAYOR OF SAID CITY K. °Brow Pub---Off- I --�� t �— NOTARY PUBLIO-MINNE80TA --�— {Sealot the city of Salo" license authorizesRochester,Minnesota a brew pub that holds aniy,,._.. •,rs+a My Comm.Exp,Jan.31,2020 (912a) on-sato license, with [tie .01 a pwval of the commis- I Nqt$ Public stoner, to sell malt liquor : RATE INFO ATION produced and packaged E on the Ilcensed promises f In compllance w ih stale 1 1) Lowest classified rate paid by commercial user $21.95 law. Off sale of malt liquor For comparable space (per Inch/per day/display rate) shall be limited to the legal hours for off-sale at exclu- sive liquor stores, except : 2) publication Fee $347.31 that mail liquor In.growlers only of may be sold oll-sale on Sundays, Section 3. Subdivision Ad A 147678:ORDINANCE NO,4211 AN ORDINANCE AMEN 4 o1 Soc1€on 1258,04 of the Rochester Code I of Ordinances Is hereby amended and reenacted to I read as follows- Subd. 4. Special Sunday License, Hotels, faslau•° rants, and clubs, holdingg an on-sale Intoxicating II quor license may apply a Special Sunday license authorizing the eslabllsh• ment to sell intoxicating III: Ivor for consumpltan on 3 the licensed premises In 1 conjunction with the sale of food between the hours of 8:00 a.m. on Sundays and 1:00 a.m. on Mon- days.A licensee holding a Brow Pub — On-Sole or Brewor Taproom — On- ` Sale license may ep ly for a Special Sunday license 1 authorizing the sale of map liquor between the hours of 8:00 a,m.and 1:0o a.m.on Mondays.A licensee hold- LLa Brew Pub --- Off- , o_ii n.m,rn.