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HomeMy WebLinkAbout1638"SING AN ORDINANCE REPEALING ORDINANCE NO. 1620 IN ITS ENTIRETY, BEING AN ORDINANCE THAT .MENDED CITY CODE OF 2005 RELATING TO ON -SALE BREWER TAPROOM AND OFF -SALE BREWER TAPROOM LICENSES AND REQUIREMENTS WITHIN THE CITY OF COLUMBIA HEIGHTS, ENACTED MARCH 23, 2015; AND, AMENDING SECTIONS OF ARTICLE 5, CHAPTER 5 OF THE CITY CODE RELATING TO LIQUOR AND BEER LICENSING; AND AMENDING SECTIONS 9.103, 9.107, 9.110, AND 9.111 OF ARTICLE 1, CHAPTER 9 RELATING TO LAND USE REGULATIONS. WHEREAS, On March 23, 2015, the City Council passed Ordinance No. 1620, relating to on -sale and off -sale brewer taprooms; and, WHEREAS, Community Development Staff have determined that Ordinance No. 1620 does not adequately address licensure, land use regulations, and specific requirements pertaining to operation of a brewery within the City of Columbia Heights; and, WHEREAS, the City of Columbia Heights desires to provide adequate licensure and land use regulations to effectively address breweries within the City of Columbia Heights; NOW, THEREFORE, BE IT RESOLVED the City Council (Council) of the City of Columbia Heights, Minnesota (City) does ordain: .,ECTION I: City Ordinance No. 1620, enacted March 23, 2015 upon 30 days after its passage is hereby repealed in its entirety. SECTION II: That Chapter 5, Article 5 of the City Code be amended to read as follows, to wit: § 5.501 DEFINITIONS. § 5.502 3.2% MALT LIQUORS (BEER). § 5.503 MALT LIQUORS. § 5 =502 5.504 ON -SALE CLUB LIQUOR. § 5,504 5.505 INTOXICATING LIQUOR. § 5.595 5.506 ON -SALE WINE LICENSES. § 5.506 5.507 LIMITED INTOXICATING LIQUOR LICENSES. § 5,507 5.508 SUNDAY ON -SALE LIQUOR LICENSES. § 5:508 5.509 SUNDAY CLUB LICENSES. § 5. 509 5.510 ON -SALE TEMPORARY LIQUOR LICENSES. § 5,50 5.511 POLICY FOR ALCOHOL LICENSE VIOLATIONS. § 5.512: 5.512 PENALTY. § 5.501 DEFINITIONS. Brewer Taproom. A facility on the premises of, or adjacent to, a malt liquor manufacturer intended for on -sale and consumption of malt liquor produced by the brewer. Brew Pub. A restaurant that conducts the retail of on -sale malt liquor consumed and brewed on the premise and who manufactures less than 3,500 barrels of malt liquor a year. Ordinance No. 1638 City of Columbia Heights — Ordinance 1638 5.503 MALT LIQUORS. Page 2 (A) No person except the holder of intoxicating liquor licenses wholesalers and manufacturers to the extent authorized by law, shall deal in or dispose of by gift sale or otherwise, or keep or offer for sale, any malt liquor within the city without first having received a license as hereinafter provided. Licenses shall be of three kinds: (1) On -Sale Brewer Taproom; (2) On -Sale Brew Pub; and (3) Off -Sale Malt Liquor. (B) On -Sale Brewer Taproom licenses maybe granted to a brewer licensed under Minn. Stat. §340A.301, Subd 6(c), 0) or (j) subject to the provisions of Minn. Statues 340A.26, as it may be amended from time to time and as followed: (1) A brewer may only hold one (1) On -Sale Brewer Taproom license; and (2) The license permits the sale of malt liquor produced by the brewer for consumption of the malt liquor on the premises of, or adjacent to a brewer taproom owned by the brewer. (C) On -Sale Brew Pub licenses may be granted to Hotels Clubs, Municipal Liquor Stores, Restaurants, and Non - Profit Organizations for sale and consumption of malt liquor produced on the licensed premise. (D) Off -Sale Malt Liquor licenses maybe granted to a licensee with either an On -Sale Brewer Taproom license or On -Sale Brew Pub licenses, which shall permit the off -sale of malt liquor on the licensee's premise, subiect to the provisions of Minn. Stat. 340A.24 or 340A.28, as it may be amended from time to time and as followed: (1) A brewer may only hold one (1) Off -Malt Liquor license; and (2) The off -sale of malt liquor shall only be permitted during the same days and hours of Municipal Liquor Stores, and between the hours of 10:00 a.m. on Sundays and 1:00 a.m. on Mondays; and (3) The only off -sale of malt liquor shall be the malt liquor produced by the licensee at the licensee's premise; and (4) The packaging of the off -sale malt liquor containers and bottles are subiect to Minn. Stat. 340A.285, as it may be amended from time to time. (E) Every application for a license to sell malt liquor shall be made on a form supplied by the City. Applications shall be filed with the Clerk. It shall be unlawful to make any false statement in an application By submitting an application, the applicant consents to any and all investigations the City deems appropriate and waives any claims the applicant may have. Copies of the application shall be submitted to such other City Departments as the Council shall deem necessary for verification and investigation of the facts set forth in the application. City of Columbia Heights — Ordinance 1638 Page 3 (F) Applications for malt liquor licenses shall state the following: (1) Whether the applicant is a natural person partnership, corporation or other form of organization; (2) Full legal name of applicant and applicant's spouse place and date of birth street residence address and length of time at that address of the applicant and applicant's spouse; and any other information deemed necessary by the Council or issuing authority. (3) Three character references. (4) The nature of any other business to be operated in conjunction with the sale of malt liquor and whether the applicant is the owner or operator of such other business, and if so, the length of time in such business. (5) In the case of corporations, partnerships and other organizations, such information relating to the identity of each officer, director and partner as required in division (F)(2). (G) All applications shall be referred to the Chief of Police. The Chief of Police or designee is empowered to conduct any and all investigations to verify the information on the application, including ordering a computerized criminal history inquiry obtained through the Criminal Justice System and /or a driver's license history inquiry as recorded by the State Department of Public Safety on the applicant. An investigation fee as set by Council resolution shall accompany each application. The application shall also be referred to the Chief of the Fire Department, the Building Official and the City Planning and Zoning Department for a report indicating whether said premises are in compliance with applicable ordinances and regulations. A public hearing shall then be held before the Council, at which time the application for a license shall be considered. Opportunity shall be given to any person to be heard for or against the granting of the license at a public hearing. The Council may accept or reject the license application in its discretion upon completion of the public hearing. (H) Each license shall be issued to the applicant only and shall not be transferable to another holder. Each license shall be issued only for the premises described in the application. (1) No license shall be granted to any person: (1) Who is under 21 years of age. (2) Who has been convicted of a felony, or any law of this state or local ordinance relating to the manufacture transportation or sale of 3.2% malt, malt liquor or of intoxicating liquors. (3) For the sale of malt liquor on any premises also occupied by a previous licensee who was convicted of a violation of this section. (4) Who is not a citizen of the United States or a resident alien, or upon whom it is impractical to conduct a background and financial investigation due to the unavailability of information. City of Columbia Heights — Ordinance 1638 (5) Who is not of good moral character and repute. (6) Who is or, during the period of this license becomes the holder of a federal retail liquor dealer's special tax stamp for the sale of intoxicating liquor at such place. (7) Who is not the proprietor of the establishment for which the license is issued. 0) Licenses granted pursuant to the provisions of this chapter shall be subiect to the following conditions: (1) No gambling, nor any gambling device allowed that is prohibited by law. Page 4 (2) All licensees under this section shall allow the business premises to be inspected by police or health officials at any time. (3) No sale of malt liquor may be made between 1:00 a.m. and 8:00 a.m. on the days of Monday through Saturday, nor between 1.00 a.m. and 10:00 a.m. on Sunday. (4) No licensee who is not also licensed to sell intoxicating liquor shall sell or permit the consumption or display of intoxicating liquors on the licensed premises or serve any liquids for the purpose of mixing with intoxicating liquor. The presence of intoxicating liquors on the premises of such a licensee shall be prima facie evidence of possession of intoxicating liquors for the purpose of sale; and the serving of any liquid for the purpose of mixing with intoxicating liquors shall be prima facie evidence that intoxicating liquor is being permitted to be consumed or displayed contrary to this section. (5) No person under 18 years of age shall be employed on the premises except that persons under 18 years of age may be employed as musicians bus boys and kitchen help. (6) No person or customer, other than the licensee and his employees, may remain on any licensed premises after 1:30 a.m. (7) No licensee or his agent shall serve malt liquor or permit the sale of malt liquor to any person under 21 years of age. (8) Every licensee shall be responsible for the conduct of his place of business and shall maintain conditions of sobriety and order. The act of any employee on the licensed premises authorized to sell malt liquor there is deemed the act of the licensee as well and the licensee shall be liable to all penalties provided by ordinance statute or regulation equally with the employee. (9) No licensee shall permit 18, 19 and 20 year olds to remain on the premises unless to perform work for the establishment including the sale or serving of alcoholic beverages, consume meals, and attend social functions that are held in a portion of the establishment where liquor is not sold. City of Columbia Heights — Ordinance 1638 Page 5 (10) No licensee shall permit in any licensed establishment or any adioining property owned or leased by the licensee any boxing, wrestling, or any other form of entertainment whose primary purpose is physical contact by striking or touching an opponent with hands, head, feet, or body. Team sports in which physical contact is incidental to the primary purpose of the game such as basketball, volleyball soccer, football baseball, hockey, and softball, are not included among activities prohibited by this section. (K) No license shall be granted for sale on any premises where a licensee has been convicted of any violation of this section, or of the state beer or liquor law, or where any license hereunder has been revoked for cause until one year has elapsed after such conviction or revocation. (L) No "on- sale" license shall be granted for a bona fide club which has not been in operation and eligible to receive a license for at least one year immediately preceding the application for a license. (M) Each application for a license must be accompanied by the applicable license and investigation fees payment in full As stated in §-5.103(E)(1): "Fees shall not be prorated unless specifically authorized herein, or by Council resolution and are not refundable for any reason, including license revocation suspension, denial or termination of the licensed activity." The annual fee for an "on- sale" and "off- sale" license shall be as set by Council resolution. (N) "On- sale" and "Off- sale" licenses shall expire on the last day of December in each year. Each such license shall be issued for a period of one year, except that if a portion of the license year has elapsed when the application is made, a license may be issued for the remainder of the year. (0) (1) At the time of filing an application for any on -sale or off -sale malt liquor license, the applicant shall file with the Clerk proof of financial responsibility for liability. The issuer or surety on any liability insurance policy or bond shall be duly licensed to do business in the State of Minnesota, and all documents shall be approved as to content, form and execution. The licensee and the City shall be named as ioint insured on the liability insurance policy. The policy shall be effective for the entire license year. (2) Proof of financial responsibility maybe provided by supplying to the Clerk any of the following items: (a) A certificate that there is in effect for the license period an insurance policy providing at least $50,000 of coverage because of bodily iniury to any one person in any one occurrence, $100,000 because of bodily iniury to two or more persons in any one occurrence, $10,000 because of iniury to or destruction of property of others in any one occurrence, $50,000 for loss of means of support of anyone person in any one occurrence and $100,000 for loss of means of support of two or more persons in any one occurrence; or (b) A bond of a surety company with minimum coverages as provided in subdivision (a); or City of Columbia Heights — Ordinance 1638 Page 6 (c) A certificate of the State Treasurer that the licensee has deposited with that office $100,000 in cash or securities which may legally be purchased by savings banks or for trust funds having a market value of $100,000. (P) Any liability insurance required by this section must provide that it may not be canceled for: (1) Any cause except for nonpayment of premium, by either the insured or the insurer unless the canceling party has first given 30 days' notice in writing to the issuing authority of intent to cancel the policy; and (2) Nonpayment of premium unless the canceling party has first given ten days' notice in writing to the issuing authority of intent to cancel the policy. (Q) The operation of an on -sale, off -sale malt liquor license without having on file at all times with the City the liability insurance policy or other evidence of financial responsibility required herein shall be grounds for immediate revocation of the license. Notice of cancellation of a current liquor liability policy serves as notice to the licensee of the impending revocation and unless evidence of compliance with the financial responsibility requirements of this section are presented to the Clerk before the termination is effective, the license will be revoked instantly upon the lapse in coverage. (R) Every license shall be granted subject to the conditions and provisions of this section and of other applicable ordinances of the City or State law. (S) All licensed premises shall have the license posted in a conspicuous place at all times. (T) No manufacturer or wholesaler of malt liquor shall have any ownership of or interest in an establishment licensed to sell at retail contrary to the provisions of Minn. Stat. § 340A.308, as it may be amended from time to time. No retail licensee and manufacturer or wholesaler of malt liquor shall be parties to any exclusive purchase contract. No retail licensee shall receive any benefits contrary to law from a manufacturer or wholesaler of malt liquor and no such manufacturer or wholesaler shall confer any benefits contrary to law upon a retail licensee. (U) Any peace officer shall have the unqualified right to enter, inspect and search the premises of a licensee during business hours without a search and seizure warrant and may, in the absence of a license to sell intoxicating liquor, seize all intoxicating liquors found on the licensed premises. Business hours shall be deemed any time when licensee or employees are present on the premises. Refusal to permit such inspection is a violation of this section and grounds for revocation of license. (V) Any person violating any provision of this section shall be guilty of a misdemeanor. (W) Any On -Sale or Off Sale license holder is subject to provisions of § 5.511 regarding penalties for license violations. City of Columbia Heights —Ordinance 1638 § 5,544 5.512 PENALTY. Page 7 FOR BEST PRACTICES LICENSE HOLDERS: Type of License 1st Violation 2nd Violation 3rd Violation 4th Violation On/Off Sale Malt Liquor $250 $500 and 3 day sus ep nsion $1,000 and 5 day suspension Revocation FOR OTHER LICENSE HOLDERS: Type of License 1st Violation 2nd Violation 3rd Violation 4th Violation On/Off Sale Malt Liquor $500 $750 and 5 day suspension $1,000 and 10 day suspension Revocation SECTION III: That Chapter 9, Article 1 of the City Code be amended to read as follows, to wit: § 9.103 DEFINITIONS. Brewer Taproom. A facility on the premises of, or adiacent to, a malt liquor manufacturer intended for on -sale and consumption of malt liquor produced by the brewer. Brew Pub. A restaurant that conducts the retail of on -sale malt liquor consumed and brewed on the premise and who manufactures less than 3,500 barrels of malt liquor a year. § 9.107 SPECIFIC DEVELOPMENT STANDARDS. (53) Brewer Taprooms and Brew Pubs. (a) All malt liquor production shall be within a completely enclosed structure. Mechanical equipment shall be placed and /or screened so as to minimize the visual impact on adjacent properties and from public streets. (c) In Zoning Districts where off street parking is required, a transportation management plan shall be submitted to address off - street parking, bus and freight loading, and traffic control. (d) Loading areas shall not be oriented toward a public street, nor shall loading docks be located on the side of any building facing an adjacent lot that is zoned residential. Where these districts or streets abut all sides of the property, the loading areas shall be screened by a solid wall or opaque fence with a minimum height of six (6) feet, in addition to any required landscape buffer. e) Trash and /or recycling collection areas shall be enclosed on at least three sides by an opaque screening wall or fence no less than six (6) feet in height. The open side of the enclosure shall not face any public street or the front yard of any adiacent property. City of Columbia Heights — Ordinance 1638 Page 8 (f) BV- products and waste from the production of malt liquor shall be properly disposed of off the property. JgJ The premises all adjacent streets, sidewalks and alleys, and all sidewalks and alleys within 100 feet of the use shall be inspected regularly for the purposes of removing litter found thereon. § 9.110 COMMERCIAL DISTRICTS. (D) LB, Limited Business District. (1) Purpose. The purpose of the LB, Limited Business District is to provide appropriate locations for limited retail sales and services for the convenience of adjacent residential neighborhoods. These areas are located along collector or arterial roadways in close proximity to residential neighborhoods, arranged and designed to be a functional and harmonious part of the neighborhood, and accessible by public sidewalks or trails as well as by roadways. (3) Conditional uses. Except as specifically limited herein, the following uses may be allowed in the LB, Limited Business District, subject to the regulations set forth for conditional uses in § 9.104, Administration and Enforcement, and the regulations for specific uses set forth in § 9.107, Specific Development Standards: (u) Brewer Taproom not exceeding 2,000. barrels of malt liquor a year. (v) Brew Pub not exceeding 2,000 barrels of malt liquor a year. (E) GB, General Business District. (1) Purpose. The purpose of the GB General Business District is to provide appropriate locations for general retail sales, services and other commercial developments that benefit from their proximity to other commercial uses. These areas are located away from residential neighborhoods, along arterial roadways and are accessible primarily by automobile. (2) Permitted uses. Except as specifically limited herein, the following uses are permitted within the GB, General Business District: (mm) Brewer Taproom not exceeding 3,500 barrels of malt liquor a year. (nn) Brew Pub. (F) CBD, Central Business District. (1) Purpose. The purpose of the CBD, Central Business District is to provide for the development and redevelopment of the established downtown core, including a mix of retail, financial, office, service and entertainment uses. Residential units are allowed within this district when located above a first floor commercial use. (2) Permitted uses. Except as specifically limited herein, the following uses are permitted within the CBD, Central Business District: City of Columbia Heights —Ordinance 1638 (gg) Brewer Taproom not exceeding 3,500 barrels of malt liquor .a year. (hh) Brew Pub. § 9.111 INDUSTRIAL DISTRICTS. (D) 14, fight Industrial District. Page 9 (1) Purpose. The purpose of the I -1, Light Industrial District is to provide appropriate locations for industrial enterprises engaged in activities such as assembly, storage, warehousing and light manufacturing and further processing of materials first handled by general industry. These areas are located with easy access to arterial roadways and should be separated from residential uses by natural or manmade barriers. (2) Permitted uses. Except as specifically limited herein, the following uses are permitted within the I- 1, Light Industrial District: (y) Brewer Taproom. (E) I -2, General Industrial District. (1) Purpose. The purpose of the I -2, General Industrial District is to provide appropriate locations for industrial enterprises engaged in activities such as manufacturing, processing, assembly, storage and warehousing, which, because of their size and /or nature, require isolation from non- industrial uses. These areas are located with easy access to arterial roadways or railroads and should be separated from non - industrial uses by natural or manmade barriers. (2) Permitted uses. Except as specifically limited herein, the following uses are permitted within the I- 2, General Industrial District: (y) Brewer Taproom. City of Columbia Heights — Ordinance 1638 This ordinance shall be in full force and effect from and after 30 days after its passage. First Reading: February 13, 2017 Offered by: Williams Seconded by: Buesgens Roll Call: All Ayes Second Reading: February 27, 2017 Offered by: Buesgens Seconded by: Williams Roll Call: All Ayes Date of Passage: February 27, 2017 0 J '4 ��L/41 m 4 , lAt" Donna Schmitt, Mayor Attest: �, AU 6-W&& "atie Bruno, City Clerk /Council Secretary Page 10 ORDINANCE SUMMARY ORDINANCE NO. 1638 BEING AN ORDINANCE REPEALING ORDINANCE NO. 16201N ITS ENTIRETY, BEING AN ORDINANCE THAT AMENDED CITY CODE OF 2005 RELATING TO ON -SALE BREWER TAPROOM AND OFF -SALE BREWER TAPROOM LICENSES AND REQUIREMENTS WITHIN THE CITY OF COLUMBIA HEIGHTS, ENACTED MARCH 23, 2015; AND, AMENDING SECTIONS OF ARTICLE 5, CHAPTER 5 OF THE CITY CODE RELATING TO LIQUOR AND BEER LICENSING; AND AMENDING SECTIONS 9.103, 9.107, 9.110, AND 9.111 OF ARTICLE 1, CHAPTER 9 RELATING TO LAND USE REGULATIONS. The City Council of the City of Columbia Heights has adopted Ordinance No. 1638. The purpose and intent of this ordinance is to provide adequate licensure, land use regulations, and specific development standards for the operation of Brewer Taprooms and Brew Pubs within the City of Columbia Heights. This is a summary of Ordinance 1638. The full text of Ordinance No. 1638 is available for public inspection at the office of the Community Development Department in City Hall during regular business hours, or by standard or electronic mail. rdinance No. 1638 was adopted by the City Council of the City of Columbia Heights, Minnesota this 27th day of February 2017. Offered by: Williams Seconded by: Murzyn, Jr. Roll Call: All Ayes Donna Schmitt, Mayor Attest: Katie Bruno, City Clerk /Council Secretary Public:. Notices Ordinances - CITY OF Published March 10, 2017 at 9:30 am COLUMBIA HEIGHTS ORDINANCE SUMMARY ORDINANCE NO. 1638 BEING AN ORDINANCE REPEALING ORDINANCE NO. 1620 IN ITS ENTIRETY, BEING AN ORDINANCE THAT AMENDED CITY CODE OF 2005 RELATING TO ON -SALE BREWER TAPROOM AND OFF -SALE BREWER TAPROOM LICENSES AND REQUIREMENTS WITHIN THE CITY OF COLUMBIA HEIGHTS, ENACTED MARCH 23, 2015; AND, AMENDING SECTIONS OF ARTICLE 5, CHAPTER 5 OF THE CITY CODE RELATING TO LIQUOR AND BEER LICENSING; AND AMENDING SECTIONS 9.103, 9.107, 9.110, AND 9.111 OF ARTICLE 1, CHAPTER 9 RELATING TO LAND USE REGULATIONS. The City Council of the City of Columbia Heights has adopted Ordinance No. 1638. The purpose and intent of this ordinance is to provide adequate licensure, land use regulations, and specific development standards for the operation of Brewer Taprooms and Brew Pubs within the City of Columbia Heights. This is a summary of Ordinance 1638. The full text of Ordinance No. 1638 is available for public inspection at the office of the Community Development Department in City Hall during regular business hours, or by standard or electronic mail. Ordinance No. 1638 was adopted by the City Council of the City of Columbia Heights, Minnesota this 27th day of February 2017. Offered by: Williams Seconded by: Murzyn, Jr. Roll Call: All Ayes Donna Schmitt, Mayor Attest: Katie Bruno, City Clerk /Council Secretary Published in the Columbia Hgts - Fridley Sun Focus March 10, 2017 Filed Under: OrdinaTIC(.�s