HomeMy WebLinkAboutX-E-02 Approve First Reading of the Proposed Amendment to City Code Regarding Alcoholic Beverages
City Council Memorandum
To: Mayor Fasbender & City Councilmembers
From: Emily King, Deputy City Clerk
Date:
Item:
Council Action Requested:
Approve the first reading for the purposes of considering a proposed amendment to City Code
Chapters 111,94.05, and 34 regarding alcoholic beverages.
Background Information:
Governor Walz signed the Omnibus Liquor Bill into law in May, 2022. In response, Staff is
asking for Council to consider amending City Code in several Chapters to allow new liquor
licenses as written in the Omnibus Liquor Bill. The bill allows a municipality to expand liquor
licensing as follows:
• Allowing a brewer licensed under Minnesota Statutes, section 340A.301 that produces
7,500 barrels or less of malt liquor annually to be issued a license by a municipality for
off-sale of up to 128 ounces per customer per day.
• Allowing growler sales by breweries that produce as many as 150,000 barrels annually,
up from the previous limit of 20,000 barrels.
• Allowing a municipality to issue an on-sale wine and an on-sale malt liquor license to a
baseball team competing in a league established by the Minnesota Baseball Association,
or to a person holding a concessions or management contract for beverage sales at a
ballpark for the purposes of summer town ball games.
• Allowing a municipality to issue the holder of a microdistillery license or distilled spirits
manufacturer license a microdistillery or distilled spirits manufacturer cocktail license.
• Allowing a municipality to issue an on-sale intoxicating liquor license to resorts as
defined in Minnesota Statutes, section 157.15, subdivision 11.
• Allowing a municipality to issue special permits for service of alcohol through extended
hours associated with the FIFA Women’s World Cup competition and FIFA World Cup
competition.
Additional edits to this ordinance are in an effort to streamline, clarify, or include language from
related ordinances.
Financial Impact:
N/A
Advisory Commission Discussion:
N/A
Council Committee Discussion:
N/A
Attachments:
• Ordinance Amendment
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July 5, 2022
Approve First Reading of the Proposed Amendment to City Code Regarding
Alcoholic Beverages
ORDINANCE NO. XXX
AN ORDINANCE FOR THE CITY OF HASTINGS, MINNESOTA, AMENDING
VARIOUS PROVISIONS OF HASTINGS CITY CODE CHAPTER 111, 94.05 AND
CHAPTER 34 REGARDING ALCOHOLIC BEVERAGES
The City Council of the City of Hastings, Dakota County, Minnesota, does hereby ordain
as follows:
SECTION 1. AMENDMENT. The Code of the City of Hastings, County of Dakota, State
of Minnesota, Chapter 111.04 Types of Licenses shall be amended as follows:
111.04 Types Of Licenses
A. Generally. The following licenses may be issued after compliance with this chapter and
state law.
B. Specifically.
1. On-sale intoxicating liquor license. On-sale intoxicating liquor licenses shall be
issued only to restaurants, brew pubs, and hotels and resorts, where food is prepared
and served for consumption on the premises and shall permit the on-sale of
intoxicating liquor or wine, if approved by the City Council.
2. On-sale 3.2% malt liquor license. On-sale 3.2% malt liquor licenses may be issued
only to clubs, restaurants, and hotels where food is prepared and served for
consumption on the premises and to baseball teams competing in a league
established by the Minnesota Baseball Association or to a person holding a
concessions or management contract for beverage sales at a ballpark for the purpose
of summer town ball games. On-sale 3.2% malt liquor licenses shall only permit
the sale for consumption on the premises.
3. On-sale wine license.
a. On-sale wine licenses may be issued for the sale of wine not exceeding 14%
alcohol by volume, for consumption on the licensed premises only, in
conjunction with the sale of food. An on-sale wine license may be issued
only to a restaurant having facilities for seating at least 25 guests at one
time.
b. The city may issue an on-sale wine license to a state-licensed bed and
breakfast facility for sale only to registered guests of the facility.
c. On-sale wine licensees who also hold an on-sale 3.2% malt liquor license,
and whose gross receipts are at least 60% attributable to the sale of food,
are authorized to also sell intoxicating malt liquor at on-sale. The license
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holders, as a further condition of their license, must provide to the city, upon
demand, the documentation that the city deems to be necessary to
demonstrate the amount of annual sales related to food. License holders who
sell intoxicating malt liquor must further comply with all insurance
requirements imposed by city code and state statute for the on-sale of
intoxicating liquor.
c.d. On sale wine licenses may be issued to baseball teams competing in a league
established by the Minnesota Baseball Association or to a person holding a
concessions or management contract for beverage sales at a ballpark for the
purpose of summer town ball games.
4. Club license. Club on-sale intoxicating liquor licenses shall be issued only to clubs
which have been in existence for 3 years or more and which meet requirements of
M.S. Chapter 340A, as it may be amended from time to time; or to congressionally
chartered veterans’ organizations which have been in existence for 3 years or more,
and which meet the requirements of M.S. Chapter 340A, as it may be amended
from time to time.
5. Sunday liquor license. On-sale Sunday liquor licenses shall be issued only to hotels,
restaurants, microdistilleries, or clubs which have facilities for serving food to not
less than 30 guests at one time and which have been issued an on-sale intoxicating
liquor license, on-sale brew pub license, or on-sale cocktail room license. On-sale
Sunday liquor licenses may be issued to brewery taprooms which have been issued
an on-sale brewery taproom license. Brew pubs holding a valid off-sale brew pub
license may sell off-sale on Sundays during the hours allowed for Sunday off-sale
of intoxicating malt liquor produced on-site and shall be subject to all conditions
and restrictions contained in M.S. § 340A.24. Small brewers holding a valid off-
sale brewery taproom license may sell off-sale on Sundays during the hours allowed
for Sunday off-sale of intoxicating malt liquor produced on-site and shall be subject
to all conditions and restrictions contained in M.S. § 340A.28 and M.S. § 340A.285.
6. Bottle club license. Bottle club licenses may be issued to establishments as allowed
by M.S. Chapter 340A, as it may be amended from time to time, for the
consumption or display of intoxicating liquor or the serving of any liquid for the
purpose of mixing with intoxicating liquor. This provision shall not apply to any
person or premises otherwise licensed by the city for the sale of intoxicating liquor.
7. Off-sale intoxicating liquor license. Off-sale intoxicating liquor licenses may be
granted for the off-sale of intoxicating liquor.
8. Off-sale 3.2% malt liquor license. Off-sale 3.2% malt liquor licenses shall permit
only the sale of 3.2% malt liquor at retail, in the original package, for consumption
off the premises.
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9. Temporary on-sale intoxicating liquor license. A temporary on-sale intoxicating
liquor license may be granted as provided herein.
a. Applicant. A club or charitable, religious, or nonprofit organization, duly
incorporated as a nonprofit or religious corporation under the laws of
Minnesota, and having its registered office and principal place of activity
within the city, may qualify for a temporary on-sale intoxicating liquor
license in connection with a social event within the city, sponsored by the
applicant.
b. Term. The city may authorize the on-sale of intoxicating liquor for not more
than 3 consecutive days, and may authorize sales on premises other than
premises the applicant owns or permanently occupies.
c. Insurance. No temporary on-sale intoxicating liquor license shall be issued
for the sale of liquor until the applicant provides the city with proof of
liability insurance in the minimum amounts required by M.S. Chapter
340A, as it may be amended from time to time, now in effect. An applicant
for a temporary on-sale liquor license for the sale of wine only shall not be
required to provide the city with proof of liability insurance.
d. Other restrictions. Any temporary license issued under this chapter is
subject to all state laws and rules, and city ordinances governing the sale of
intoxicating liquor. All temporary licenses issued by the city under this
chapter shall not be valid until approved by the Commissioner of Public
Safety of the State of Minnesota.
10. Temporary on-sale 3.2% malt liquor license.
a. Applicant. A club or charitable, religious, or nonprofit organization, duly
incorporated as a nonprofit or religious corporation under the laws of
Minnesota, and having its registered office and principal place of activity
within the city, may qualify for a temporary on-sale 3.2% malt liquor
license.
b. Other restrictions. The applicant for a temporary on-sale 3.2% malt liquor
license shall comply with all other state laws and rules and city ordinances
governing the sale of 3.2% malt liquor within the city.
c. Certificate of insurance. A certificate of insurance evidencing liquor
liability (dram shop) coverage as outlined in § 111.09. (Prior Code, § 3.4)
Penalty, see § 10.99
11. On-sale brew pub license. On-sale brew pub licenses may be issued for a restaurant
operated in the place of manufacture and shall be subject to all conditions and
restrictions contained in M.S. § 340A.24. A brew pub holding a valid on-sale
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intoxicating liquor license need not also obtain an on-sale brew pub license for on-
sale of malt liquor produced on-site provided all such sales and operations shall be
subject to all conditions and restrictions contained in M.S. § 340A.24.
12. Off-sale brew pub license. Off-sale brew pub licenses may be issued to brew pubs
holding a valid on-sale brew pub license and shall be subject to all conditions and
restrictions contained in M.S. § 340A.24 and M.S. § 340A.285.
13. On-sale brewery taproom license. On-sale brewery taproom licenses may be issued
for the on-sale of malt liquor produced by the brewer for consumption on the
premises of or adjacent to one brewery location owned by the brewer and shall be
subject to all conditions and restrictions contained in M.S. § 340A.26.
14. Off-sale brewery taproom license. Off-sale brewery taproom licenses may be
issued to small brewers subject to all conditions and restrictions contained in M.S.
§ 340A.28 and M.S. § 340A.285.
15. Off-sale microdistillery license. Off-sale microdistillery licenses may be issued to
microdistilleries for the off-sale of one 375 750 milliliter bottle per customer per
day of product manufactured on-site and shall be subject to all conditions and
restrictions contained in M.S. § 340A.22.
16. On-sale cocktail room license. On-sale cocktail room licenses may be issued to
microdistilleries or distilled spirits manufacturing licensees, for the on-sale of
distilled liquor produced by the distiller for consumption on the premises of or
adjacent to one distillery location owned by the distiller and shall be subject to all
conditions and restrictions contained in M.S. § 340A.22.
16.17. Off-sale malt liquor small brewer licenses. A small brewer off-sale malt
liquor license may also be issued, with approval of the commissioner, to a holder
of a brewer’s license under Minn. Stat. § 340A.301, subd. 6(c), (i) or (j) and meeting
the criteria established by Minn. Stat. § 340A.29 as may be amended from time to
time. The amount of malt liquor sold at off-sale under this license may not exceed
128 ounces per customer per day. The malt liquor sold off-sale must be removed
from the premises before the applicable off-sale closing time. Packaging of malt
liquor for off-sale under this license must comply with the provisions of Minnesota
Rules, parts 7515.1080 to 7515.1120.
SECTION 2. AMENDMENT. The Code of the City of Hastings, County of Dakota, State
of Minnesota, Chapter 111.05 J. License Applications for Sidewalk Cafés and Parklets shall be
amended as follows:
J. Applications For Sidewalk Cafés and Parklets.
1. Any restaurant issued a license under this chapter may also apply for a sidewalk
café or parklet license pursuant to Chapter 110 90 to expand the operation of that
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restaurant onto a part, and only that part, of the public sidewalk or parking area that
is compact and contiguous with the licensed premises in the manner authorized by
and subject to the restrictions of this chapter and Chapter 110 90 for sidewalk cafés
and parklets.
2. An application for a sidewalk café may be submitted at the time of making an initial
application or renewal application for a license under this chapter, or at any other
time.
3. An applicant for a sidewalk café license shall file a sidewalk caféan application
pursuant to Chapter 110 90 on forms provided by the City Clerk which shall
include, in addition to other information required by the City, all additional
information required of applicants who intend to serve alcohol within the sidewalk
café or parking area.
4. While a licensee under this chapter also holds a valid and unsuspended sidewalk
café or parklet license under Chapter 110 90 for the same licensed premises, the
licensee’s license to serve liquor, wine or beer shall extend to the compact and
contiguous space licensed under the sidewalk café or parklet license. No licensee
shall serve, or allow to be served, liquor, wine or beer within any sidewalk
cafédesignated areas while the applicable sidewalk café licenses or license issued
under this chapter is expired, suspended or revoked.
SECTION 3. AMENDMENT. The Code of the City of Hastings, County of Dakota, State
of Minnesota, Chapter 111.05 shall be amended as follows:
K. Applications for World Cup Permit. On-sale intoxicating liquor license holders and 3.2
percent malt liquor license holders may apply for a special permit for service of alcohol
during extended hours during a live broadcast of a World Cup match. The permit
authorizes the sale of alcoholic beverages for up to 30 minutes before, during and up to
30 minutes after a broadcast of a live World Cup match. This special permit expires Sept
1, 2023.
SECTION 4. AMENDMENT. The Code of the City of Hastings, County of Dakota, State
of Minnesota, Chapter 111.06 License Fees shall be amended by adding a new license as follows:
19. Off-sale malt liquor small brewer license. The annual fee for an off-sale malt liquor
small brewer license will be established by ordinance.
SECTION 5. AMENDMENT. The Code of the City of Hastings, County of Dakota, State
of Minnesota, Chapter 111.11.A. Hours and Days of Sale shall be amended as follows:
A. Generally. Liquor licenses issued under this chapter are subject to the hours and days of
sale as outlined in M.S. § 340A.504, as applicable, and as it may be amended from time to
time or as allowed by a special license or permit issued by the Council for a live World
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Cup broadcast. Hours and days not specified in state statute will be set by Council
resolution. The closing hours listed below are assuming the licensee has obtained the
necessary approvals from the state for a 2:00 a.m. closing. If required approvals are not
received, then the closing shall be at 1:00 a.m. for closing times listed in divisions (B),
(C)(1), and (C)(2) below.
SECTION 6. AMENDMENT. The Code of the City of Hastings, County of Dakota, State
of Minnesota, Chapter 111.25 Consumption of Beer or Liquor on Streets and Public Property shall
be amended as follows:
111.25 Consumption Of Beer Or Liquor On Streets And Public Property
Except as hereinafter provided, it is unlawful for any person to consume or to possess in an
unsealed container, beer or liquor, as those terms as defined in this code, on any street or other
public property except within licensed sidewalk cafés or parklets or city parks during the hours
when the parks are open to the public or except when specifically prohibited by other ordinance of
the City of Hastings as to particular parks. Provided, that this section shall not apply to the
possession of an unsealed container in a motor vehicle on streets or public property when the
container is kept in the trunk of the vehicle if it is equipped with trunk, or kept in some other area
of the vehicle not normally occupied by the driver or passengers, if the motor is not equipped with
a trunk. For the purpose of this section, a utility or glove compartment shall be deemed to be within
the same area occupied by the driver or passengers. Provided, further, that the City Council may
grant, at its sole discretion, permits for the conduct of single occasions of variance from the terms
of this section to bona fide, nonprofit civic organizations having their principal place of business
within the City of Hastings for the sole purpose of allowing community civic festivals and
celebrations and entertainment in connection therewith. The permits shall be issued only for a
particularly designated street or public way and shall be valid for the activities only within the area
so limited by the terms of the permit. The permit shall be issued only upon due application to the
City Council, through its clerk, no less than 30 days prior to the anticipated date of use of the
permit by the organization, and shall be accompanied by the information and material concerning
the proposed use of the permit from the organization as the City Council, through its Clerk, shall
deem appropriate. The Council may, at its sole and exclusive discretion, impose the conditions the
limitations upon the uses allowed under the permit for the protection of the public health, safety,
and welfare.
SECTION 7. AMENDMENT. The Code of the City of Hastings, County of Dakota, State
of Minnesota, Chapter 94.05 Additional Unlawful Acts in Parks shall be amended as follows:
A. Build or maintain a recreational fire in any park except in places or facilities provided;
B. Drive or operate any motorized vehicle of any type whatsoever in any area of a park other
than parking lots and designated roadways, it being specifically prohibited hereby to
operate any motorized vehicles on any bicycle path, hiking trail, or walkway;
C. It is unlawful for any person to consume or be in possession of intoxicating liquor in any
City park at any time. It is unlawful for any person to consume or be in possession of
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intoxicating malt liquor, wine or 3.2% malt liquor, wine or 3.2% malt liquor in any City
park between the hours of 10:00 p.m. and 8:00 a.m.; the following provisions also apply:
1. Veterans Athletic Complex where possession or consumption of intoxicating liquor
is prohibited at all times, however; wine or intoxicating malt liquor shall be
permitted between the hours of 8:00 a.m. and 11:00 p.m. Such hours may be
extended if conducted in conjunction with an on-sale wine or 3.2 malt liquor license
issued for a town ball game, pursuant to City Code Section 111.04.B.
2. Special Events in any City park; sales, possession or consumption of intoxicating
liquor is prohibited at all times, however; wine or intoxicating malt liquor shall be
permitted between 8:00 a.m. and 11:00 p.m. when such sales, possession and
consumption are in conjunction with the issuance of a temporary on-sale wine and
beer liquor license issued to a qualified entity as part of a community wide festival;
such sale, possession and consumption is in a confined area approved by the City
Council; and in compliance with all other conditions the council reasonably deems
necessary to protect the public health, safety and welfare.
SECTION 8. AMENDMENT. The Code of the City of Hastings, County of Dakota, State
of Minnesota, Chapter 34 Fees shall be amended by adding the following fees under “Liquor
License”:
World Cup Special Permit $250.00
Off-sale license fee (includes Brew Pub, Brewery Taproom, Microdistillery, Small Brewer)
SECTION 9. SUMMARY PUBLICATION. Pursuant to Minnesota Statutes Section
412.191, in the case of a lengthy ordinance, a summary may be published. While a copy of the
entire ordinance is available without cost at the office of the City Clerk, the following summary is
approved by the City Council and shall be published in lieu of publishing the entire ordinance.
The text amendment adopted by the Hastings City Council on
, 2022 modifies the City Ordinance to allow legislatively authorized licenses for
town ball baseball games, live broadcast of World Cup soccer, a new off-sale malt liquor
small brewer license, and authorization to issue intoxicating liquor licenses to resorts, as
well as other minor clarifications of the liquor ordinances.
SECTION 10. EFFECTIVE DATE. This ordinance shall be in full force and effect from
and after its passage and publication according to law.
Passed this day of , 2022.
Mary Fasbender, Mayor
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Attest:
Kelly Murtaugh, City Clerk
Published in the _________ on [Date].
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