03-886:.
ORDINANCE
F
Presented by
Referred To
Committee Date
1
An ordinance regulating the use of land for off-sale of "growlers"
2 THE COUNCTL OF THE CITY OF SAINT PAUL DOES ORDAIN:
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4 Sec. 60.201. A. is hereby amended:
5 Sec. 60.201. A.
Section 1
6 Accessory use or accessory. A use which is clearly incidental to, customarily found in connection with, and
7(except as provided in section 62.104) 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 lunited to, the following:
10 (13) A small brewery operated in conjunction with a bar or restaurant provided the beer is sold for consumption
11 on the premises and not sold to other bars, restaurants or wholesalersc, except that an establishment licensed
12 under Minn. Stat. §340A301. subd. 6�d1 mav sell "gxowlers" off-sale with a�propriate city license.
13
14
Section 2
15 This ordinance is effective thiriy (30) days following its passage, approval and publication.
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Adopted by Council: Date /� S d�
Adoption
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by Council Secretary
Council File # �4
Green Sheet # =�-
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Form Approved by City Attorney
By: ��, �w^`►� q.t'1-e
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DEPARTMENC/OFFTCE/COUNCII,: DATE INITIATED GREEN SHEET No.: 3005314
PED 9-12-03
CONTAGT PERSON & PHONE: INITIAL/DATE IM'(7A],�pATE
Larry 5oderholm 266-6575 � 2 DEPARTMENT DIli. s crrx co�rrc¢.
M[JST BE ON COUNCII, AGENDA BY (DATE) '�I '�' 3 CTIY AITORNEY -('!-07 _�y l'i FRK
10-1-03 xon�FSe �rnxc�u. ssxv Dm _ an ssxviaccrG
FOR 4MAyOA(ORASST.� _C:IVII,SERVICEWMIvIISSION
ROU'CING I PLANNING ADMAI.
ORDER
TOTAL # OF SIGNATURE PAGES i(CLIP ALL LOCATIONS FOR SIGNA'1'URE)
ACl'ION REQUESTED:
Approve "growlers" zoning amendment.
RECObIIviENDA1TONS: Approve (A) or Reject �) PERSONAI. SERVICE WNTI2ACT'S M[JST AIVSWER TfIE FOLLOWING
QUESTIONS:
A PI,ANNING COMIvIISSION 1. Has this person/fvm ever worked under a contract for this depaztmenY?
CIB COMhIl'ITEE Yes No
CIVII, SERVICE CONiMISSION 2. Has this person/fitm ever been a city employee?
A PED staff � Yes No
3.. Does tivs person/fum possess a skill not nolmally possessed by any current city etnployee?
Yes No
Eaplain all yes ausrvers on separate sheet and attacL to green sheet
INITIATING PROBLEM, LSSUE, OPPORTONII'P (Who, What, When, Where, Why):
City Council Resolution # 03-749 requested the Planning Commission to review proposed zoning amendments that
would a11ow brew pubs to do ofF sale of their own beers in reusable jugs called "growlers".
ADVANTAGES IF APPROVED:
A 2003 change in state law to allow off-sale "growlers" would be implemented for Saint Paul brew pubs and micro
breweries. The Council has already amended the license code to allow sales of "growlers"; a corresponding zoning
code amendmen2 is also necessary. �--� ;,� � � � �;��� �
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DISADVANTAGES IF APPROVED: � �,+ ��
Given the restrictions in state law and the new licensing provisions, the Planning Co�s�idn �es� ����
disadvantages in the proposed zoning amendment.
DISADVAN'CAGES IF NOT APPROVED:
Saint Paul brew pubs and micro breweries will be at a disadvantage with competitors in Mimieapolis and many
suburbs that have already acted on the recent change in state law that allows off-sale of "growlers".
TOTALAMOUNTOFTRANSACTION: NA COST/REVENUEBUDGEI'F,D: q q���,��P�h � Qnter
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FONDING SOURCE: ACfIVITY NUMBER:
�'�'��°RM"TT°N: SEP 19 2003
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PLAM�iING COIvIDiIISSION
CITY OF SAINT PAUL
Rmuly G Kelly, Mayor
September 12, 2003
President Bostrom and Members of the City Council
Room 300
City Hall - County Courthouse
25 W. Kellogg Blvd.
Saint Paul, MN 55012
Gladys Mortan, Chair
25 West Fowzh Street
Saint Paul. MNSSIO2
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Telephone: 651-266-6565
Facsdmi7e: 651-228-3374
RE: Planning Commission recommendation on "growlers" zoning amendment for off-sale beer
at brew pubs
Dear President Bostrom and Members of the City Council:
City Council Resolution #03-749 requested the Planning Commission to review and comment on the
proposed zoning amendment that would allow the off-sale of "growlers" by brew pubs. The Planning
Commission received a short report from City staff but did not think it was necessary to hold a public
hearing on the matter. Based on the discussion, the Commission concluded that permitting the sale of
growlers would be beneficial to restaurants in the city and would not have negative effects on any
neighborhoods.
The Planning Commission supports the proposed "growlers" amendment to the Zoning Code definition of
accessory use as it applies to bazs and restaurants that include their own small brewery. If you have any
questions, please call Larry Soderholm of the PED staff at 651-266-6575.
Sincerely,
1�
Gladys Morton
Chair
cc: Dennis Flaherty, DepuTy Mayor
Mary Erickson, Council Reseazch
Lany Soderholm, PED
Tony Schertler, PED
Peter Warner, CAO
Wendy Lane, LIEP Zoning
Christine Rozek, LIEP Licensing
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DEPAR'Lr�NT OF PLANNING
& &CONOMIC DEVELOPMENT
Martha G. FuZler, Directo�
CITY OF SAINT PAUL
Randy C. Kelly, Mayor
DATE:
T0:
FROM:
RE:
September 4, 2003
Pla.tming Commission
Larry Soderho3mi Y7
W
25 West Fourth Street
SaintPaul, M1Ni5702
"Growlers" Zoning Amendment: Off-sale Beer at Brew Pubs
Authoritv for Planning Commission Review
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TeZephone: 657-266-6626
Facsimi Ze: 651-228-3341
The City Council has requested the Planning Commission to comment on a proposed amendment to the
Zoning Code's defmition of accessory use as applied to "a small brewery operated in conjuncfion with a
bar or restaurant." The definition requires that their beers be consumed on the premises. The
amendment would allow for the sale of take-out "growlers" of beer, pursuant to a 2003 change in state
law. Attachment A is Council Resolution 03-749, which requests the Planning Commission's report on
the growler amendment.
Backaround on Pronosed "Growler" Amendment
A"growler" is a 64-oz. (half-gallon) reusable, screw-top jug for beer that is filled from the tap at a micro
brewery. A growler can be refilled at the same brew pub where it was originally purchased. Appuently
the term "growler" comes from a century ago, before Prohibition and before modern bottling processes.
A husband or father would arrive home from work and gr�owl at his wife or child to run down to the
neighborhood tavern and fetch him a bucket of beer.
The 2003 session of the Minnesota legislature enacted a law that permits the sale of growlers subject to
local licensing (Attachment B).
Staff has been told that the City is lagging behind other places. Wisconsin (naturally) and Iowa ha�e
permitted off-sale growlers at brew pubs for several yeazs. Within Minnesota, the cities of Minneapolis,
Eden Prairie, Maple Grove, Mankato, and St. Cloud, among others, have akeady responded to the new
Minnesota law and permitted the sale of growlers.
On September 3, 2003, the City Council adopted amendments to the licensing code to permit the sale of
growlers by brew pubs.
Who is Affected
Micro breweries will be able to sell their own beers as off-sale products in growlers dwing the hours
when off-sale liquor stores are open. Currently there aze four brew pubs (i.e., micro brewery/restaurant
combinations) in Saint Paul: Great Waters at St. Peter and Seventh Place; Vine Pazk Brewery at W.
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Seventh neaz Chesmut; Green Mill at Grand and Hamline; and O'Gaza's at Snelling and Selby. Brew
pubs with on-sale consumption ue treated differently from brew-on-premises micro-breweries where
customers brew their own beer to take home, which is what happens in the east half of the Vine Pazk
Brewery.
Relationshi�to Comprehensive Plan
The Comprehensive Plan is generally supportive of restaurants and night life without being so specific as
to talk about brew pubs or growlers. Permitting off-sale growlers will not significantly affect land use or
neighborhood development one way or the other.
Staff Recommendation
PED and LIEP staff recommend approval of the proposed "growlers" amendment as drafted. Since the
Planning Commission has looked at the question only superficially, staff recommends that the
Commission report back to the City Council by means of a letter instead of a formal resolution. A draft
letter for Chair Morton's signature is Attachment C.
cc: Peter Warner, City Attorney's Office
Wendy Lane, LIEP
Christine Rozek, LIEP
A1 Torstenson, PED
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Presented
Referred To
os -���
Council File # �3'� -
Committee Date
Requesting Planning Commission Study and Report on Proposed Zoning Code
Amendment Related to Off-sale of "Growlers"
WHEREAS, the Minnesota Legislature, during its 2003 Session, amended Sec. 340A301 Subd. 6(d) of State's
liquor licensing statute to permit municipalities to issue licenses to brewers with on-sale licenses that would
perxnit off-sale of malt liquor produced and packaged on the licensed premises (Minnesota Session Laws,
Chapter 126); and
WIIEREAS, the malt liquor shall be packaged in 64-ounce containers commonly known as "growlers," the
specifications of which ue 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 populaz micro-breweries by allowing the
12 off-sale of "growlers;" and
li 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 thaf any amendment so irutiated shall be referred to the planning agency for
17 study and report;
18 NOW, THEREFORE, BE IT RESOLVED, that the City Council transmits the attached amendment 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.
- Green Sheet # O (o
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Requested by Deparhnentof:
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Form Approved by City Attorney
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Approved by Mayor for Submission to Council
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Adopted by Council: Date �q�� s� /3, �OO_3
Adoption Certified by Council Secretary