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03-749Council File # �3 �� \ Green Sheet # D �o GCC/'11 I ITIlIIJ Presented by Referred To Committee Date 1 Requesting Planning Commission Study and Report on Proposed Zoning Code 2 Amendment Related to Off-sale of "Growlers" 3 WHEREAS, the Minnesota Legislature, during its 2003 Session, amended Sec. 340A301 Subd. 6(d) of State's 4 liquor licensing statute to pernut municipalities to issue licenses to brewers with on-sale licenses that would 5 permit off-sale of malt liquor produced and packaged on the licensed premises (Minnesota Session Laws, 6 Chapter 126); and 7 WHEREAS, the malt liquor shall be packaged in 64-ounce containers commonly known as"growlers," the 8 specifications of which are detailed in the statute; and 9 WHEREAS, the City Council of the City of Saint Paul is considering making provision for such a license; and 10 WHEREAS, the off-sale of "growlers" is not permitted by the Saint Paul Zoning Code in micro-breweries; and 11 WHEREAS, there is a public purpose in strengthening the increasingly popular micro-breweries by allowing the 12 off-sale of "growlers;" and 13 WHEREAS, the attached amendments to the Zoning Code would permit off-sale of "growlers" at duly licensed 14 establishments; 15 WHEREAS, Minnesota Statutes Sec. 462357 Subd. 4 provides that amendments to a zoning ordinance may be 16 initiated by the governing body and that any amendment so initiated shail be referred to the planning agency for 17 study and report; 18 NOW, THEREFORE, BE IT RESOLVED, that the City Council transmits the attached atnendment to the Saint 19 Paul Planning Commission for its study and report; and 20 BE IT FURTHER RESOLVED that the City Council requests that the report be completed within 60 days of the 21 passage of this resolution. 03-�`�i Requested by Deparhnent of: ii3'� Form Approved by City Attomey � Approved by Mayor for Submission to Council Adopted by Council: Date f/ii� �/3 �Op� Adoption Certified by Council Secretary Council File # �� Green Sheet # ORDINANCE CITY OF SAINT PAUL, M{NNESOTA Presented Referred To Committee Date 1 An ordinance regulating the use of land for off=sale of "growlers" 2 THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN: 3 4 Sec. 60.201. A. is hereby amended: 5 Sec. 60.201. A. Section 1 6 Accessory use ar accessory. A use which is clearly incidental to, customazily found in connection with, and 7(except as provided in section 62104) located on the same zoning lot as, the principal use to which it is related. 8 When "accessory" is used in the text, it shall have the same meaning as "accessory use." 9 An accessory use includes, but is not limited to, the following: 10 (13) A small brewery operated in conjunction with a baz or restaurant provided the beer is sold for consumption 11 on the premises and not sold to other bazs, restaurants or wholesalers:, except that an establishment licensed 12 under Minn. Stat. §340A301, subd. 6(dl may sell "erowlers" off-sale with appropriate citv license. 13 14 Section 2 15 This ordinance is effective thirty (30) days followina its passage, approval and publication. Yeas Na s Absent Benanav Blakey Bostrom Coleman Harris Lanhy Reiter Adopted by Council: Date Adoption Certified by Council Secretary By: Approved by Mayor: Date By: ReGuested by Department oE By: Form Approved by City Attomey F� Approved by Mayor for Submission to Council By: DEPARI'MENT/OFFICE/COUNCIL: DATE INYI'IATED � S— ,�� Councilmember Coleman 8/13/03 GREEN SHEET No.: 40264 � 1NI77AL/DATE Il`11'1'fAUDATE _DEPAR'IMEN"f DII2. Cl'R' COUNCII. MUST BE ON COUNCII. AGENDA BY (DATE) ASSIGN CITY ATTORNEY _ CITY CLERK NUMBER —��CIAL SERV DIl2. FINANCL9L SERV/ACCTG FOR _MAZ'OR (OR ASST.) _ CIVII, SERVICE COMIvIISSION ROU'1'II`3G R'�TTEAM(Keishaw) ORDER TOTAL # OF SIGNATURE PAGES _(CLIP ALL LOCATIONS FOR SIGNAI'URE) ACiTON REQUESTED: Approve resolution referring Zoning Amendment to pernut off-sale of "growlers" to the Plauning Commission. RECOMIvff.NDATTON5: Approve (A) or Reject (R) PERSONAL SERVICE CON'1'RACfS M[JST ANSWER TfiE FOLLOWING QUESTIONS: PI..ANNING COMIvIISSION 1. Has this person/fum ever worked under a cont[act for this departatent? CIB COMiltiI`I�EE Yes No CIVQ. SERVICE COMbIISSION 2. Has Uvs persoNfirm ever been a city employee? Yes No 3. Does this person/firm possess a skiil not normaily possessed by any cursent city employee? Yes No Explain all yes answers on separate sheet and attach to green sheet INTTIATING PROBLEM, ISSUE, OPPORTIINITY (Who, Whay When, Where, Why): The Minnesota Legislature provided for licenses for the ofF sale of "growlers" subject to local governments granting appropriate licenses. Saint Paul is considering the adoption of such a license, but the off-sale of "growlers" in micro-breweries is not permitted under the provisions of the Zoning Code. An amendment to the Zoning Code is proposed which, by law, must be referred to the Planning Commission for study. This resolution refers the proposed amendment to the Planning Commission. ADVANTAGESIFAPPROVED: The Zoning Code amendment would be appropriately reviewed by the Planning Commission. DISADVANTAGES IF APPROVED: None. DISADVAN"I'AGES IF NOT APPROVED: Locallicensed micro-breweries would not be able to take advantage of the new State law permitting off-sale of "growlers." TOTAL AMOUN'I' OF'PRANSACTION: $ COST/REVENUE BUDGETED: FIJNDING SOURCE: ACTIVITY NUMBER: FINANCIAI, IlVTORMATION: (EXPLAl� G\Uuss�}IOMANS\growlu gscwpd