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HomeMy WebLinkAbout2016-08-22 PACKET 06.1.STAFF REPORT CASE: TA2016-039A ITEM: 6.1 PUBLIC MEETING DATE: 8/22/16 TENTATIVE COUNCIL REVIEW DATE: 9/21/16 APPLICATION APPLICANT: City of Cottage Grove REQUEST: A zoning text amendment to establish reasonable performance standards for breweries, brew pubs, tap rooms, distilleries, microdistilleries, microdistillery cocktail rooms, and farm wineries, and to allow the new uses in certain appropriate zoning districts. SITE DATA LOCATION: NIA ZONING: N/A GUIDED LAND USE: N/A LAND USE OF ADJACENT PROPERTIES: CURRENT NORTH: EAST: SOUTH: WEST: SIZE: N/A DENSITY: NIA RECOMMENDATION Approval, 71/1 GUIDED Cottage COTTAGE GROVE PLANNING DIVISION j Grove dere Pride -n 4,OSPeJty Meet Planning Staff Contact: John M. Burbank, Senior Planner; 651-458-2825; 0burbank(aDcottage-grove. org Application Accepted:. N/A 60 -Day Review Deadline: N/A City of Cottage Grove Planning Division • 12800 Ravine Parkway South • Cottage Grove, MN 55016 Planning Staff Report Breweries, Distilleries, Wineries, Etc. Planning Case No. TA2016-039A August 22, 2016 Proposal The City of Cottage Grove has initiated a zoning text amendment to establish performance standards for breweries, brew pubs, tap rooms, distilleries, microdistilleries, microdistillery cock- tail rooms, and farm wineries to allow the new uses in certain zoning districts. Background In 2015, new legislation was enacted related to breweries, brew pubs, tap rooms, distilleries, microdistilleries, microdistillery cocktail rooms, and farm wineries. MN Statute 340A is attached for reference. The City's current ordinances are silent on these uses. This zoning amendment is proposed in order to align City zoning ordinances with state statute, designate allowable zoning districts, and establish appropriate reasonable performance standards. Planning Considerations The City's Technical Review Committee and the Planning Commission have been reviewing this topic for several months. A component of the previous review and research has been the crea- tion of a survey on this topic as well as on food trucks. The survey was completed to gauge the general public's standing on the newly permitted uses and the potential modification of the ordi- nances to regulate them in Cottage Grove. The detail below is a summary of the 1,109 survey responses received. Planning Staff Report — TA2016-039 Breweries, Distilleries, Wineries, Etc. August 22, 2016 Page 2 of 3 Review Period The application was initiated by the City, so the required 60 -day review period is not applicable. Discussion Since this is a zoning text amendment, the standard site plan review criteria are not applicable to this report. Comprehensive Plan — Future Land Use Designation The zoning text amendment will allow the different uses within specific commercial and indus- trial guided land use districts. Planning Staff Report — TA2016-039 Breweries, Distilleries, Wineries, Etc. August 22, 2016 Page 3 of 3 Zoning The zoning text amendment will allow the different uses within specific commercial and indus- trial zoning districts. Zoning Text Amendment Ordinance Criteria See the attached draft ordinance. Public Hearing Notices The public hearing notice was published in the South Washington County Bulletin on July 13, 2016. Summary • The uses are permitted by statute. • The current City ordinance is silent on the permitted uses. • The proposed ordinance criteria are reasonable. • The response to the survey identified public support for the proposed uses. Recommendation That the Planning Commission recommend that the City Council adopt an ordinance to establish performance standards for breweries, brew pubs, tap rooms, distilleries, microdistilleries, micro - distillery cocktail rooms, and farm wineries and to allow the new uses in certain zoning districts. Prepared by: John M Burbank, AICP Senior Planner Attachments: City Attorney Ordinance Memo Draft Ordinance State Statute Chapters 340A.28 and 340A.301 TO: Cottage Grove Planning Commission FROM: Bridget McCauley Nason, Assistant City Attorney DATE: August 17, 2016 RE: Amendments to Zoning Ordinance Related to Breweries, Distilleries, Microdistilleries, Cocktail Rooms, Tap Rooms, and Brew Pubs Overview With the explosion in popularity of craft beers, numerous small breweries have been opening around the Twin Cities. From the enormously popular Surly beer hall and restaurant in Minneapolis to smaller Wabasha Brewing Company and Taproom in St. Paul, new breweries and distilleries seem to be opening every month. In order to ensure that Cottage Grove is well positioned to accommodate the location of breweries and distilleries within the City, the attached ordinance amends the City's zoning ordinance to allow brewers, distilleries, microbrewers, and brew pubs as permitted or conditional uses within the City's commercial and industrial districts. Action The Planning Commission is asked to review the proposed amendments to the City's zoning ordinance and provide recommendation regarding the proposed changes. 633 SOUTH CONCORD STREET • SUITE 400 • SOUTH SAINT PAUL, MINNESOTA 55075 •651-451-1831 • FAX 651-450-7384 OFFICE ALSO LOCATED IN SPOONER, WISCONSIN TIMOTHY L KUNTZ LEVANDER,BEESON DANIEL, MEMO .ROGUE 'KENNETH J. ROGUE GILLEN aSTEPfIEN H. FOCHLER LJAM. & ANGELA M. LUTZ AMANN LUTZ AMANN MILLER, P.A. 'KORINE L. LAND ARCY .ERICKON DARCY M. ERICKSON DAVID S. KENDALL - -- - -- - -= •BRIDGET McCAULEY NASON ATTORNEYS AT LAW TONAT.DOVE BRADLEY R. HUTTER ARIF,L A. PI'rrNER HAROLD LEVANDER 1910-1992 TO: Cottage Grove Planning Commission FROM: Bridget McCauley Nason, Assistant City Attorney DATE: August 17, 2016 RE: Amendments to Zoning Ordinance Related to Breweries, Distilleries, Microdistilleries, Cocktail Rooms, Tap Rooms, and Brew Pubs Overview With the explosion in popularity of craft beers, numerous small breweries have been opening around the Twin Cities. From the enormously popular Surly beer hall and restaurant in Minneapolis to smaller Wabasha Brewing Company and Taproom in St. Paul, new breweries and distilleries seem to be opening every month. In order to ensure that Cottage Grove is well positioned to accommodate the location of breweries and distilleries within the City, the attached ordinance amends the City's zoning ordinance to allow brewers, distilleries, microbrewers, and brew pubs as permitted or conditional uses within the City's commercial and industrial districts. Action The Planning Commission is asked to review the proposed amendments to the City's zoning ordinance and provide recommendation regarding the proposed changes. 633 SOUTH CONCORD STREET • SUITE 400 • SOUTH SAINT PAUL, MINNESOTA 55075 •651-451-1831 • FAX 651-450-7384 OFFICE ALSO LOCATED IN SPOONER, WISCONSIN ARTHUR GILLEN 1919-2005 MEMO ROGER C MILLER9242 9242009 ALSO"Nfl PO IN WISCONSIN >A SO ADMITTED MNORTII DAKOTA OALSOADMITTED INMASSACHIISMS -ALSO ADMITTED IN OKLAHOMA ,Also ADMITMD IN ARIZONA TO: Cottage Grove Planning Commission FROM: Bridget McCauley Nason, Assistant City Attorney DATE: August 17, 2016 RE: Amendments to Zoning Ordinance Related to Breweries, Distilleries, Microdistilleries, Cocktail Rooms, Tap Rooms, and Brew Pubs Overview With the explosion in popularity of craft beers, numerous small breweries have been opening around the Twin Cities. From the enormously popular Surly beer hall and restaurant in Minneapolis to smaller Wabasha Brewing Company and Taproom in St. Paul, new breweries and distilleries seem to be opening every month. In order to ensure that Cottage Grove is well positioned to accommodate the location of breweries and distilleries within the City, the attached ordinance amends the City's zoning ordinance to allow brewers, distilleries, microbrewers, and brew pubs as permitted or conditional uses within the City's commercial and industrial districts. Action The Planning Commission is asked to review the proposed amendments to the City's zoning ordinance and provide recommendation regarding the proposed changes. 633 SOUTH CONCORD STREET • SUITE 400 • SOUTH SAINT PAUL, MINNESOTA 55075 •651-451-1831 • FAX 651-450-7384 OFFICE ALSO LOCATED IN SPOONER, WISCONSIN ORDINANCE NO. XXX AN ORDINANCE FOR THE CITY OF COTTAGE GROVE, MINNESOTA, AMENDING COTTAGE GROVE CITY CODE SECTION 11-1, SECTION 11-10 B, SUBSECTION 1(C); SECTION 11-11-2 AND SECTION 11 -BA -4 RELATED TO BREWERIES, BREW PUBS, TAP ROOMS, DISTILLERIES, MICRODISTILLERIES, MICRODISTILLERY COCKTAIL ROOMS, AND FARM WINERIES The City Council of the City of Cottage Grove, Washington County, Minnesota, does hereby ordain as follows: SECTION 1. AMENDMENT. The Code of the City of Cottage Grove, County of Washington, State of Minnesota, Title 11, Chapter 1, shall be amended to include the following definitions: BREWERY: A place where malt liquor is manufactured. DISTILLERY: A place where distilled spirits are manufactured; MICRODISTILLERY: A distillery operated Within the state producing premium, distilled spirits in total quantity not to exceed 40,000 proof gallons.in a calendar year. SECTION 2. AMENDMENT. TheCode of the City of Cottage Grove, County of Washington, State of Minnesota; ,Title 11, Chapter 10, Article B, Subsection 1(C) shall be amended to include the following use types and zoning classifications for the use types: Zoning District References Use Type B-1 I B-2 �B-3 FP -13 N -B � Brew Pub C C F—F C C Title 3, Chapter 3 Microdistillery C C C – FC C Title 3, Chapter 3 Microdir stillery cocktail roomy' �C C FC F C Title 3, Chapter 3 ... Brewe manufacturin less than 250,000 barrels of malgt liquor m a yearT���� C C C C Title 3, Chapter 3 f p Taproom F C F Title 3, Chapter 3 SECTION 3. AMENDMENT. The Code of the City of Cottage Grove, County of Washington, State of Minnesota, Title 11, Chapter 11, Section 2 shall be amended to include the following use types and zoning classifications for the use types: Ordinance No. XXX Page 2 of 2 Principal Uses Permitted in Zones i Use Type F 1-1 1-2 1-3 1-41-5 I Brew Pub 1-4—FF-F- P P Microdistillery FPI P r P F P Microdistillery Cocktail I P-� Room it 11 1 Brewery I P I P I P I I P Taproom P I P I P I I P SECTION 4. AMENDMENT. The Code of the City of Cottage Grove, County of Washington, State of Minnesota, Title 11, Chapter 8A, Section 4 shall be amended by adding the following use as a conditional use in the AGA and AG -2 zoning districts: 9. Farm wineries. SECTION 5. 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 modifies the City Ordinances to allow for breweries, brew pubs, tap rooms, distilleries, microdistilleries, microdistillery cocktail rooms, and farm wineries to locate in various zoning districts by conditional use permit. SECTION 6. 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 , 2016. Myron Bailey, Mayor Attest: Joseph Fischbach, City Clerk Published in the South Washington County Bulletin on [Date]. a O z z O N m r 0 N W O w 0 LU c� H O V MINNESOTA STATUTES 2015 340A.301 340A.301 MANUFACTURERS, BREWERS, AND WHOLESALERS LICENSES. Subdivision 1. Licenses required. No person may directly or indirectly manufacture or sell at wholesale intoxicating liquor, or 3.2 percent malt liquor without obtaining an appropriate license from the com- missioner, except where otherwise provided in this chapter. A manufacturer's license includes the right to import. A licensed brewer may sell the brewer's products at wholesale only if the brewer has been issued a wholesaler's license. The commissioner shall issue a wholesaler's license to a brewer only if (1) the com- missioner determines that the brewer was selling the brewer's own products at wholesale in Minnesota on January 1, 1991, or (2) the brewer has acquired a wholesaler's business or assets under subdivision 9, paragraph (c) or (d). A licensed wholesaler of intoxicating malt liquor may sell 3.2 percent malt liquor at wholesale without an additional license. Subd. 2. Persons eligible. (a) Licenses under this section may be issued only to a person who: (1) is of good moral character and repute; (2) is 21 years of age or older; (3) has not had a license issued under this chapter revoked within five years of the date of license application, or to any person who at the time of the violation owns any interest, whether as a holder of more than five percent of the capital stock of a corporation licensee, as a partner or otherwise, in the premises or in the business conducted thereon, or to a corporation, partnership, association, enterprise, business, or firm in which any such person is in any manner interested; and (4) has not been convicted within five years of the date of license application of a felony, or of a willful violation of a federal or state law, or local ordinance governing the manufacture, sale, distribution, or possession for sale or distribution of alcoholic beverages. The Alcohol and Gambling Enforcement Division may require that fingerprints be taken and may forward the fingerprints to the Federal Bureau of Inves- tigation for purposes of a criminal history check. (b) In order to determine if an individual has afelony or willful violation of federal or state law governing the manufacture, sale, distribution, or possession for sale or distribution of an alcoholic beverage, the applicant for a license to manufacture or sell at wholesale must provide the commissioner with their signed, written informed consent to conduct a background check. The commissioner may query the Minnesota criminal history repository for records on the applicant. If the commissioner conducts a national criminal history record check, the commissioner must obtain fingerprints from the applicant and forward them and the required fee to the superintendent of the Bureau of Criminal Apprehension. The superintendent may exchange the fingerprints with the Federal Bureau of Investigation for purposes of obtaining the applicant's national criminal history record information. The superintendent shall return the results of the national criminal history records check to the commissioner for the purpose of determining if the applicant is qualified to receive a license. Subd. 3. Application. An application for a license under this section must be made to the commissioner on a form the commissioner prescribes and must be accompanied by the fee specified in subdivision 6. If an application is denied, $100 of the amount of any fee exceeding that amount shall be retained by the commissioner to cover costs of investigation. Subd. 4. Bond. The commissioner may not issue a license under this section to a person who has not filed a bond with corporate surety, or cash, or United States government bonds payable to the state. The proof of financial responsibility must be approved by the commissioner before the license is issued. The bond must be conditioned on the licensee obeying all laws governing the business and paying when due all Copyright 0. 2015 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. 340A.301 MINNESOTA STATUTES 2015 2 taxes, fees, penalties and other charges, and must provide that it is forfeited to the state on a violation of law. This subdivision does not apply to a Minnesota farm winery, licensed under section 340A.315, that is in existence as of January 1, 2010. Bonds must be in the following amounts: Manufacturers and wholesalers of intoxicating liquor except as provided in this subdivision $ 10,000 Manufacturers and wholesalers of wine up to 25 percent $ 3,000 alcohol by weight $ 5,000 Manufacturers and wholesalers of beer of more than 3.2 percent alcohol by weight $ 1,000 Manufacturers and wholesalers of fewer than 20,000 proof gallons $ 2,000 Manufacturers and wholesalers of 20,000 to 40,000 proof gallons $ 3,000 Subd. S. Period of license. Licenses issued under this section are valid for one year except that to coordinate expiration dates initial licenses may be issued for a shorter period. Subd. 6. Fees. The annual fees for licenses under this section are as follows: (a)Manufacturers (except as provided in clauses (b) and (c)) $ 30,000 Duplicates $ 3,000 (b)Manufacturers of wines of not more than 25 percent alcohol by $ 500 volume (c)Brewers who manufacture more than 3,500 barrels of malt liquor $ 4,000 in a year (d)Brew pubs. A brew pub licensed under this clause must obtain a $ 500 separate license for each licensed premises where the brew pub produces malt liquor (e) Wholesalers (except as provided in clauses (t), (g), and (h)) $ 15,000 Duplicates $ 3,000 (f)Wholesalers of wines of not more than 25 percent alcohol by $ 3,750 volume (g)Wholesalers of intoxicating malt liquor $ 1,000 Duplicates $ 25 (h)Wholesalers of 3.2 percent malt liquor $ 10 Copyright 0 2015 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. MINNESOTA STATUTES 2015 340A.301 (i)Brewers who manufacture fewer than 2,000 barrels of malt $ 150 liquor in a year (i)Brewers who manufacture 2,000 to 3,500 barrels of malt liquor $ 500 in a year If a business licensed under this section is destroyed, or damaged to the extent that it cannot be carried on, or if it ceases because of the death or illness of the licensee, the commissioner may refund the license fee for the balance of the license period to the licensee or to the licensee's estate. Subd. 6a. [Renumbered subd 7] Subd. 6b. [Repealed by amendment, 2015 c 9 art 1 s 71 Subd. 6c. [Repealed by amendment, 2015 c 9 art 1 s 71 Subd. 6d. [Repealed by amendment, 2015 c 9 art I s 71 Subd. 7. [Renumbered subd 81 Subd. 7. Permits and identification cards; fees. Any person engaged in the purchase, sale, or use for any purpose other than personal consumption of intoxicating alcoholic beverages or ethyl alcohol shall obtain the appropriate regulatory permit and identification card from the commissioner as provided in this subdivision. The fee for each permit, other than one issued to a state or federal agency, is $35 and must be submitted together with the appropriate application form provided by the commissioner. Identification cards and permits must be issued for a period coinciding with that of the appropriate state or municipal license and are not transferable. In instances where there is no annual license period, cards and permits expire one year after the date of issuance. The authority to engage in the purchase, sale, or use granted by the card or permit may be revoked by the commissioner upon evidence of a violation by the holder of such a card or permit of any of the provisions of this chapter or any rule of the commissioner made pursuant to law. Subd. 7a. [Renumbered subd 91 Subd. 8. [Renumbered subd 10] Subd. 8. Interest in other business. (a) Except as provided in this subdivision, a holder of license as a manufacturer, brewer, importer, or wholesaler may not have any ownership, in whole or in part, in a business holding a retail intoxicating liquor or 3.2 percent malt liquor license. The commissioner may not issue a license under this section to a manufacturer, brewer, importer, or wholesaler if a retailer of intoxicating liquor has a direct or indirect interest in the manufacturer, brewer, importer, or wholesaler. A manufacturer or wholesaler of intoxicating liquor may use or have property rented for retail intoxicating liquor sales only if the manufacturer or wholesaler has owned the property continuously since November 1, 1933. A retailer of intoxicating liquor may not use or have property rented for the manufacture or wholesaling of intoxicating liquor. (b) Except as provided in subdivision 9, no brewer as defined in subdivision 9 or importer may have any interest, in whole or in part, directly or indirectly, in the license, business, assets, or corporate stock of a licensed malt liquor wholesaler. Subd. 9. [Renumbered subd 11] Copyright 0 2015 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. 340A.301 MINNESOTA STATUTES 2015 Subd. 9. Permitted interests in wholesale business. (a) A brewer may financially assist a wholesaler of malt liquor through participation in a limited partnership in which the brewer is the limited partner and the wholesaler is the general partner. A limited partnership authorized in this paragraph may not exist for more than ten years from the date of its creation, and may not, directly or indirectly, be recreated, renewed, or extended beyond [hat date. (b) A brewer may financially assist a malt liquor wholesaler and collateralize the financing by taking a security interest in the inventory and assets, other than the corporate stock, of the wholesaler. A financial agreement authorized by this paragraph may not be in effect for more than ten years from the date of its creation and may not be directly or indirectly extended or renewed. (c) A brewer who, after creation of a financial agreement authorized by paragraph (b), or alter creation of a limited partnership authorized in paragraph (a), acquires legal or equitable title to the wholesaler's business which was the subject ofthe agreement or limited partnership, or to the business assets; must divest the business or its assets within two years of the date of acquiring them. A malt liquor wholesaler whose business or assets are acquired by a brewer as described in this paragraph may not enter into another such financial agreement, or participate in another such limited partnership, for 20 years from the date of the acquisition of the business or assets. (d) A brewer may have an interest in the business, assets, or corporate stock of a malt liquor wholesaler as a result of (1) ajudgment against the wholesaler arising out of a default by the wholesaler or (2) acquisition of title to the business, assets, or corporate stock as a result of a written request of the wholesaler. A brewer may maintain ownership of or an interest in the business, assets, or corporate stock under this paragraph for not more than two years and only for the purpose of facilitating an orderly transfer of the business to an owner not affiliated with the brewer. (e) A brewer may continue to maintain an ownership interest in a malt liquor wholesaler if it owned the interest on January 1, 1991. (f) A brewer that was legally selling the brewer's own products at wholesale in Minnesota on January 1, 1991, may continue to sell those products at wholesale in the area where it was selling those products on that date. (g) A brewer that manufactures no more than 20,000 barrels of malt liquor or its metric equivalent in a calendar year may own or have an interest in a malt liquor wholesaler that sells only the brewer's products, provided that a brewer that manufactures between 20,000 and 25,000 barrels in any calendar year shall be permitted to continue to own or have an interest in a malt liquor wholesaler that sells only the brewer's products if: (1) that malt liquor wholesaler distributes no more than 20,000 barrels per calendar year; and (2) the brewer has not manufactured 25,000 barrels in any calendar year. Notwithstanding the foregoing, a brewer that manufactured between 20,000 and 25,000 barrels in 2012 shall be permitted to continue to own or have an interest in a malt liquor wholesaler that sells only the brewer's products until that brewer manufactures 25,000 barrels in a calendar year. (h) When the commissioner issues a license to a malt liquor wholesaler described in paragraph (a) or (b), the commissioner may issue the license only to the entity which is actually operating the wholesale business and may not issue the license to a brewer that is a limited partner under paragraph (a) or providing financial assistance under paragraph (b) unless the brewer has acquired a wholesaler's business or assets under paragraph (c) or (d). (i) For purposes of this subdivision and subdivision 8, paragraph (b), "brewer" means: Copyright © 2015 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. MINNESOTA STATUTES 2015 340A.301 (1) a holder of a license to manufacture malt liquor; (2) an officer, director, agent, or employee of such a license holder; and (3) an affiliate of such a license holder, regardless of whether the affiliation is corporate or by management, direction, or control. Solid. 10. Sales without license. A licensed brewer or brew pub may without an additional license sell malt liquor to employees or retired former employees, in amounts of not more than 768 fluid ounces in a week for off -premise consumption only. A collector of commemorative bottles, those terms are as defined in section 297G.01, subdivisions 4 and 5, may sell them to another collector without a license. It is also lawful for a collector of beer cans to sell unopened cans of a brand which has not been sold commercially for at least two years to another collector without obtaining a license. The amount sold to any one collector in any one month shall not exceed 768 fluid ounces. A licensed manufacturer of wine containing not more than 25 percent alcohol by volume nor less than 51 percent wine made from Minnesota -grown agricultural products may sell at on -sale or off -sale wine made on the licensed premises without a further license. Solid. 11. Unlicensed manufacture. (a) Nothing in this chapter requires a license for the natural fer- mentation of fruit juices or brewing of beer in the home for family use. (b) Naturally fermented fruit juices or beer made under this subdivision may be removed from the premises where made for use at organized affairs, exhibitions, or competitions, including, but not limited to, homemaker's contests, tastings, orjudging. (c) For purposes of this subdivision, "tastings" means an event where the general public may sample unlicensed naturally fermented fruit juices or beer. (d) Beverages produced pursuant to this subdivision may be sampled or used in tastings provided that the beverage is made and transported in containers and equipment that shall not allow the migration of toxic substances. (e) Public notice meeting the requirements of this paragraph must be given in writing or signage at any tasting. The notice shall include disclosure that the unlicensed naturally fermented fruit juices or beer being offered is homemade and not subject to state inspection, and may be consumed by persons over the age of 21 at their own risk. The notice must include the name and address of the person who processed and bottled the beverage. (f) Naturally fermented fruit juices or beer removed under this subdivision may not be sold or offered for sale. History: 1985 c 305 art 5 s 1; 1985 c 308 s 1; 1 Sp1985 c 16 art 2 s 3 subd 1; 1986 c 330 s 4;1987 e 152 art I s 1;1987 c 249 s 1,2; 1990 c 554 s 4-6; 1991 c 249 s 1,31; 1992 c 513 art 3 s 53; 1993 e 350 s 7; 1994 c 611 s 7-9; 1995 e 198 s 4,5; 1996 c 418 s 1; 1997 c 179 art 2 s 2; 2002 c 321 s 5; 2003 c 126 s 2,3; 1 Sp2003 c 2 art 4 s 23; 2005 c 25 s 1,2; 2005 c 131 s 1,2; 2005 c 136 art 8 s 12; 2006 c 210 s 3; 2007 c 89 s 3; 2009 c 120s2; 2011 c 55 s 3-5; 2013 c 42 s 1-5; 2013c82s34; 2014 c 240 s 6-10; 2015c9art I s 7,8; w -t 2 s 2,3 Copyright 0 2015 by du Revisor of Statutes, State of Minnesota. All Rights Reserved. MINNESOTA STATUTES 2015 340A.28 340A.28 SMALL BREWER OFF -SALE. Subdivision 1. License; limitations. A brewer licensed tinder section 340A.301, subdivision 6, clause (c), (i), or 0), may be issued a license by a municipality for off -sale of malt liquor at its licensed premises that has been produced and packaged by the brewer. The license must be approved by the commissioner. A brewer may only have one license under this subdivision. 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 in the jurisdiction in which the brewer is located, and the malt liquor sold off -sale must be removed from the premises before the applicable off -sale closing time at exclusive liquor stores, except that malt liquor in growlers only may be sold at off -sale on Sundays. Sunday sales must be approved by the licensing jurisdiction and hours may be established by those jurisdictions. Packaging of malt liquor for off -sale under this subdivision must comply with section 340A.285. Subd. 2. Prohibition. A municipality may not issue a license under this section to a brewer if the brewer seeking the license, or any person having an economic interest in the brewer seeking the license or exercising control over the brewer seeking the license, is a brewer that brews more than 20,000 barrels of its own brands of malt liquor annually or a winery that produces more than 250,000 gallons of wine annually. Subd. 3. Fee. The municipality shall impose a licensing fee on a brewer holding a license underthis sub- division, subject to limitations applicable to license fees under section 340A.408, subdivision 3, paragraph (a). History: 2015 e 9 art I s 5,8; art 2 s 2 Copyright 0 2015 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.