WORKSHOP ITEM - Cathy Sorensen, City Clerk
Title
PROPOSED AMENDMENTS TO CHAPTER 6 - ALCOHOLIC BEVERAGES, ARTICLE II. - INTOXICATING LIQUOR AND 3.2 PERCENT MALT LIQUOR
Background
Off-Sale Intoxicating Liquor - Sunday Sales
On March 7, 2017, Governor Dayton signed into law HF No. 30 permitting off-sale of intoxicating liquor on Sundays. The law becomes effective July 1, 2017, and will allow liquor stores to sell on Sundays between the hours of 11:00 a.m. and 6:00 p.m. While cities cannot be more restrictive in allowing Sunday sales we can be more restrictive with hours. In other words, Blaine could not adopt an ordinance that requires liquor stores be closed on Sundays but we could adopt an ordinance that liquor stores are only open on Sundays between 2:00-4:00 p.m. for example.
Current City ordinance states that hours and days of sale are set by Statute so unless the Council wishes to have more restrictive hours of Sunday sales no ordinance amendment is needed. Staff confirmed with the City Attorney that while there was no clear intention by the legislature it is reasonable to interpret that growler sales are an exception and can remain as stated:
Sec. 6-49. - Hours and days of sale.
(a) The hours of operation and days of sale shall be those set by Minn. Stat. § 340A.504, as it may be amended from time to time. All Sunday growler and 750 milliliter bottle sales must be made between the hours of 8:00 a.m. and 10:00 p.m.
If Council concurs with allowing Sunday off-sale hours from 11:00 a.m. to 6:00 p.m. as outlined in Statute staff will contact the license holders to confirm for the Police Department which locations intend to be open and if so what hours.
Temporary On-Sale Liquor Licenses
Currently City Code allows temporary on-sale liquor licenses to be issued only to clubs or charitable, religious or nonprofit organizations. With the increasing popularity of craft beer and the opening of Invictus brewing and possibly other brewers, staff anticipates requests from brewers to serve their craft beer off-site at special events. State Statute does allow cities to issue a temporary on-sale malt liquor license to a brewer who manufactures fewer than 3,500 barrels of malt liquor in a year in connection with a social event sponsored by the brewery so staff is proposing a code amendment that temporary on-sale liquor licenses include small brewers. The same terms for clubs and nonprofit organizations would apply to a brewer; proof of required liquor liability insurance, name the City as additional insured, and abide by the limits on the number of days allowed not to exceed four consecutive days and no more than 12 days in one calendar year.
In 2016 City Council approved an amendment that expanded the definition of a temporary on-sale license to include intoxicating liquor as well as 3.2 malt liquor and no concerns have occurred as a result of that addition. Staff will also be bringing forth a minor code correction to include wine as a temporary license to clarify what was originally intended.
If Council concurs staff will bring forward a proposed code amendment for consideration at a future meeting.
Recommendation
Council direction is requested.