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-
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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.
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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.