VI.3. First Reading: Ordinance Amending Section 1200 of the Hopkins City Code: Sale, Consumption and Display of Alcoholic Beverages; Domeier (CR 2015-065)
May 19, 2015 Council Report 2015-065
Approve Ordinance Amending to Section 1200 of the Hopkins City Code:
Sale, Consumption and Display of Alcohol Beverages
Proposed Action
Staff recommends adoption of the following motion: Move to adopt for first reading Ordinance 2015-
1096, An Ordinance Amending Section 1200 Sale, Consumption and Display of Alcoholic Beverages.
Adoption of this motion will begin the process of amending Section 1200 of the Hopkins City Code to
allow for growler sales on Sunday and change the hours and days of sales and definitions to reference
state statute.
Overview
New liquor laws were adopted during the 2015 legislative session and became effective May 1. Two of
the changes included the growler sales on Sundays and the new “Bloody Mary” law, which permits any
th
on-sale license holder to begin their Sunday sales at 8 a.m. At the May 5 Regular Council Meeting,
LTD Brewery requested that the Council consider allowing Sunday sales as part of their off-sale brewer
malt license. The Council and staff also discussed the “Bloody Mary” law. The Council directed staff
to prepare an ordinance incorporating these changes.
Most of the state statutes regarding breweries are relatively new and are generally more restrictive than
other states. The industry is continuing to lobby the legislature to pass legislation similar to other states.
For this reason, staff is recommending that the Council adopt language referencing state statute as much
as possible so that the City would not need to amend its ordinances with every change.
Staff is also requesting that the Council adopt state statute for setting and regulating the hours and days
of sale for all types of liquor licenses.
Primary Issues to Consider
Should the Hopkins City Code Chapter 12 be amended to add Sunday Sales with Off-Sale Malt
Brewer licenses?
Should the Hopkins City Code Chapter 12 be amended to follow state statutes on hours of sales?
Supporting Documents
Proposed Ordinance 2015-1096
Minn. Stat. 340A.504 Hours and Days of Sale
Amy Domeier, City Clerk
Financial Impact: $____________Budgeted: Y/N ____ Source: ________________
Related Documents (CIP, ERP, etc.): _______________________________________
Background
Minnesota Statute 340A.301, subdivision 6d, now allows for municipalities to issue Sunday sales liquor
licenses to off-sale brewer malt liquor license holders within its jurisdiction. Under that statute, in order
to engage in off-sales, the establishment must obtain a Sunday License, issued by the governing body for
a period of one year. Because the local brewer already has an off-sale license (to sell growlers), the City
must simply approve Sunday growler sales in general, as well as the hours off-sale can occur. Upon
publication of an ordinance doing this, the licensed brewer may sell growlers on Sunday.
The City already permits Sunday sales for licensees that qualify under Section 1200.15 during the hours
of 10:00 a.m. on Sundays to 1:00 a.m. on Mondays. With the adoption of the “Bloody Mary” law, any
on-sale intoxicating license holder with a Sunday liquor license may now serve intoxicating liquor
beginning at 8 a.m. on Sunday.
Staff is proposing language that will make the hours of sale reference the hours laid out in Minnesota
Statute 340A.504. The only change between the current City Code and the statute is the hours of sale
on Sundays. Staff is suggesting that the brewery off-sale hours on Sunday be from 8 a.m. to 10 p.m.
For all other days, the brewery off-sale is required to follow the intoxicating liquor off-sale hours as
listed in Subd. 4.
The draft ordinance is in the process of final review by the City Attorney.
Alternatives
1. Approve Ordinance 2015-1096 for first reading.
2. Continue the item for additional information.
Staff recommends alternative one.
CITY OF HOPKINS
COUNTY OF HENNEPIN
ORDINANCE NO. 2015-1096
ORDINANCE AMENDING SECTION 1200 SALE, CONSUMPTION AND DISPLAY OF
ALCOHOLIC BEVERAGES OF THE HOPKINS CITY CODE TO ALLOW SUNDAY SALES
WITH OFF-SALE BREWER LICENSES, CHANGE THE HOURS OF SUNDAY SALES FOR
ON-SALE LIQUOR LICENSES AND UPDATE ON-SALES BREWER TAPROOM AND OFF-
SALE MALT BREWER LIQUOR LICENSE DEFINITIONS
THE COUNICL OF THE CITY OF HOPKINS HEREBY ORDAINS AS FOLLOWS:
Section 1. That Section 1200.23 is amended by adding the following underlined language and deleting
the strikethrough language:
On-Sales Brewer Taproom License. Subdivision 1. Taproom licenses shall be granted only to a brewery
licensed under Minn. Stat. Section 340A.301 for any on sale of malt liquor produced by brewer for the
consumption of the premises of or adjacent to one brewery location owned by the brewer. The only
alcoholic beverage that may be sold or consumed on the premises shall be malt liquor produced by the
brewer. A brewer who has a license from the Commissioner of Public Safety to brew up to 3,500 barrels
of malt liquor per year may be issued a license by the City for on-sale of malt liquor subject to the
following conditions:
Subd. 2. The malt liquor sold on sale for consumption must be produced by the brewer on the
licensed premises.
Subd. 3. No other beverages containing alcohol may be sold or consumed on the licensed
premises.
Subd. 4. Hours of operation for on-sale of malt liquor at a brewer taproom should be pursuant to
section 1200.46.
(Added Ord. 2013-1063)
Section 2. That Section 1200.24 is amended by adding the following underlined language and deleting
the strikethrough language:
Off-Sale Brewer Malt License. Subdivision 1. Brewer Malt licenses shall be granted only to a brewery
licensed under Minnesota Stat. Section 340A.301. A brewer off-sale malt liquor license may be issued
with the approval of the commissioner, to a brewer and subject to the requirements of Minnesota Stat.
Section 340A.301 and the following conditions: A brewer who has a license from the Commissioner of
Public Safety to brew fewer than 3,500 barrels of malt liquor per year may with the approval of the
Commissioner of Public Safety be issued a license by the City for off-sale of malt liquor subject to the
following conditions:
Subd. 2. Off-Sale Brewer Malt License holders are allowed Sunday off-sale of growlers of malt
liquor produced and packaged by the brewer on the licensed premises. No Sunday sales are
allowed before 8 a.m. or after 10 p.m. For all other days, the hours of the sales are the same as
intoxicating liquor off-sales pursuant to provisions of Minnesota Statutes Section 340A.504, subd.
4. Subd. 2. The malt liquor sold off-sale must be produced and packaged on the licensed
premises.
Subd. 3. Off-sale of malt liquor shall be limited to the legal hours for off-sale pursuant to section
1200.46 Subd. 5.
Subd. 4. The malt liquor sold off-sale must be removed from the licensed premises before the
applicable off-sale closing time pursuant to section 1200.46 Subd 5.
Subd. 5. The malt liquor sold off-sale shall be packaged in 64-ounce containers commonly
known as “growlers” or in 750 milliliter bottles and shall have the following requirements for packaging:
1.The containers or bottles shall bear a twist type closure, cork, stopper or plug.
2.At the time of sale, a paper or plastic adhesive band, strip or sleeve shall be applied to the
container or bottle and extend over the top of the twist type closure, cork, stopper or plug
forming a seal that must be broken upon opening of the container or bottle.
3.The adhesive band, strip or sleeve shall bear the name and address of the brewer/licensee
selling the malt liquor.
4.The container or bottles shall be identified as malt liquor, contain the name of the malt
liquor, bear the name and address of the brewer/licensee selling the malt liquor, and the
contents in the container packaged as required herein shall be considered intoxicating liquor
unless the alcohol content is labeled as otherwise in accordance with the provisions of
Minnesota Rules, part 7515.1100.
Section 3. That Section 1200.46 is amended by adding the following underlined language and deleting
the strikethrough language:
Hours of operation. Subdivision 1. The provisions of Minnesota Statutes Section 340A.504 with
reference to the hours of sale are hereby adopted and made a part of this chapter as fully set out herein.
No sale of 3.2 percent 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, except as stated in
Section 1200.46, Subd. 4. (Amended by Ord. 2005-957)
Subd.2. Intoxicating liquor; on-sale. No sale of intoxicating liquor for consumption on the
licensed premises may be made:
(1) between 1:00 a.m. and 8:00 a.m. on the days of Monday through Saturday;
(2) after 1:00 a.m. on Sundays, except as provided by section 1200.46, Subd. 3. (Amended by
Ord. 2003-899)
except as stated in Section 1200.46, Subd. 4. (Amended by Ord. 2003-906)
Subd. 3. Intoxicating liquor; Sunday sales; on-sale. A licensee that holds a special Sunday on-sale
intoxicating liquor license may sell intoxicating liquor for consumption on the premises between the
hours of 10:00 a.m. on Sundays and 1:00 a.m. on Mondays except as stated in Section 1200.46, Subd.
4. A holder of an On-Sale Taproom License for Sunday Sales under Section 1200.15 may conduct on-
sale business on Sundays between the hours of 10:00 a.m. on Sundays and 1:00 a.m. on Monday.
(Amended by Ordinance 2014-1072) (Amended Ord. 2005-957)
Subd. 4. When a licensee has made application to the City of Hopkins and the Commissioner of
Alcohol and Gambling for extended hours, and the application has been approved by the Hopkins City
Council and the Commissioner of Alcohol and Gambling, and all fees have been paid to the City of
Hopkins and the Commissioner of Alcohol and Gambling, said licensee may sell intoxicating liquor,
wine, or 3.2 percent malt liquor between 1:00 a.m. and 2:00 a.m. on Friday, Saturday and Sunday and
the following holidays:
1. between 1:00 a.m. and 2:00 a.m. on January 1
2. between 1:00 a.m. and 2:00 a.m. November 1
3. between 1:00 a.m. and 2:00 a.m. on March 18
4. between 1:00 a.m. and 2:00 a.m. on December 24
5. between 1:00 a.m. and 2:00 a.m. on Thanksgiving Day
a). Fees for extended hours will be set from time to time in Chapter 10 of the Hopkins City Code
by resolution. (b. deleted by Ord. 2004-918)
Subd. 5. Intoxicating liquor; off-sale. No sale of intoxicating liquor may be made by an off-sale
licensee:
1.on Sundays;
2.before 8:00 a.m. on Monday through Saturday;
3.after 9:00 p.m. on Monday through Thursday and after 10:00 p.m. on Friday and Saturday.
An off-sale licensee may sell intoxicating liquor until 10:00 p.m. on December 31 and July 3,
and on the day preceding Thanksgiving day, unless otherwise prohibited.
4.on Thanksgiving Day;
5.on Christmas Day, December 25; or
6.after 8:00 p.m. on Christmas Eve, December 24.
Section 4. The effective date of this ordinance shall be the date of publication.
First Reading: May 19, 2015
Second Reading: June 2, 2015
Date of Publication: June 11, 2015
Date Ordinance Takes Effect: June 11, 2015
By: ____________________________
Eugene J. Maxwell, Mayor
ATTEST:
______________________________
Amy Domeier, City Clerk
APPROVED AS TO FORM AND LEGALITY ON JUNE 2, 2015:
______________________________
City Attorney Signature