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06-822S��S�"S�Ui'� �i�3/ ORDINANCE SAINT PAUL, MINNESOTA Presented By Council FSIe # � � ' 0 � 2 Green Sheet # 3�'S� a� An ordinance amending chapter 409 of the Saint Paul Legislarive Code to allow licensing of off-sale breweries in accordance with amendments to Minnesota Statutes § 340A.301. THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN: �� "`�' Section 1. �� ,(� Section 409.02 of the Saint Paul Legislative Code is hereby amended to read as follows: Sec. 409.02. Definitions. As used in this chapter, the following terms shall have the meanings ascribed to them in this section: Catering permit shall mean that permit provided for in Minnesota Statutes, Section 340A.404, subdivision 12. Club shall mean a corporation organized under the laws of the state far civic, fraternal, social or business purposes or for intellectual improvement or promotion of sports which has more than fifty (50) members and for more than a year owned, hired ar leased a building or space in a building of such extent and character as may be suitable and adequate for the reasonable and comfortable accommodation of its members, and whose affairs and management are conducted by a board of directors, executive committee or other similar body chosen by the members at a meeting held for that purpose, none of whose members, officers, agents or employees are paid, directly or indirectly, any compensation by way of profit from the distribution or sale of beverages to the members of the club or to its guests beyond the amount of such reasonable salary or wage as may be fixed and voted each year by the directors or other goveming body. A club shall also, in order to be licensed, meet the provisions of Minnesota Statutes, Section 340A.404, subdivision 1(4), which requires that the organization shall have been in existence for at least three (3) years, and liquor sales will be only to members and bona fide guests. The above term will include private clubs licensed under former Chapter 404 of this Code, so long as they meet the above requirements upon application for an on-sale license. Downtown business district shall mean that portion of the City of Saint Paul lying within and bounded by the following streets: Beginning at the intersection of Shepard Road with Chestnut Street, Chestnut Street to Interstate Freeway 35E, Interstate Freeway 35E to Tenth Street, Tenth Street to Interstate Freeway 94, Interstate Freeway 94 to Lafayette Bridge, Lafayette Bridge to where the bridge crosses over Warner Road, Warner Road to Wabasha Bridge, Wabasha Bridge across the Mississippi River to the water line on the south bank of the river, thence in a westerly direction along the shore line to the point at which it intersects with "Line A," and then in a straight line across the Mississippi River to the intersection of Chestnut Street with Shepard Road. The location and legal description of "Line A" is indicated on the map attached hereto, and incorporated and adopted herein by reference. Exclusive liquor store shall mean an establishment used only for off sale and on sale sales of intoxicating liquor, except that, upon obtaining proper state or city licenses for such sales, cigars, cigarettes, all forms of tobacco and nonintoxicating malt beverages and soft drinks may also be sold in said exclusive liquor store at retail; provided, further, that such nonintoxicating malt beverages and soft drinks, when sold pursuant to an off sale liquor license, shall be sold for consuxnption off the premises only. d� " ��a General food store shall mean any place of business carrying a stock of food supplies and primarily engaged in selling food and grocery supplies to the public. Hotel shall mean an establishment with resident proprietor or manager, where, for payment, food and lodging aze regularly fumished to transients, and which maintains, for use of its guests, no fewer than fifty (50) guest rooms with bedding and other suitable and necessary fixmishings in each room, and which has a mam entrance with suitable lobby, desk and office for the regisiration of guests on the ground floor and which employs an adequate staff to provide suitable and usual service, and which maintains, under the same management and control as the rest of the establishment and as an integral part thereof, a diviug room with appropriate facilities for seating not less than thiriy (30) guests at one (1) time, where the general public is, in consideration of payment, served with meals at tables, whose gross receipts from the sales of food and liquor are at least sixty (60) percent attributable to the sale of food during each and every calendaz month, and having a full service kitchen and a menu, offering meals and full menu service on a daily basis to at least 11:00 p.m. or to the closing time of the entire establishment. A full service kitchen shall meet the definition of full service kitchen under the definition of restaurant below. Intoxicating liquor or Ziquor shall mean and include ethyl alcohol, and any distilled, fermented, spirituous, vinous or malt liquid of any kind potable as a beverage, which contains an alcoholic content in excess of three and two-tenths (3.2) percent thereof by weight or four (4) percent by volume. Medicines shall mean and include only such potable liquids as prescribed by licensed physicians and dentists for therapeutic purposes and United States Pharmacopoeia and National Formulary preparations and preparations used for the mitigation of disease for external and internal purposes which are usually sold in drug stores and intended far therapeutic purposes and not for beverage purposes. Off-sale sha11 mean the sale of liquor in original packages in retail stores for consumption off or away from the premises where sold. Off-sale/brew pub shall mean a brewer licensed under Minn. Stat. § 340A301, subd. 6(d) who sells malt liquor produced and packaged on the licensed premises for consumption off or away from the premises. Package or original package shall mean and include any container or receptacle holding liquor, which container or receptacle is corked or sealed. Person shall include individuals, corporations, partnerships and associations. Restaurant shall mean an establishment other than a hotel, whose food and liquor services are under the control of a single proprietor or manager, having appropriate facilities for the serving of ineals for no fewer than fifty (50) guests at one (1) time, having a full service kitchen and a menu, offering meals and full menu service on a daily basis to at least 11:00 pm. or to the closing time of the entire establishment, and whose gross receipts are at least sixty (60) percent attributable to the sale of food during each and every calendar month. A fixll service kitchen for the purpose of this chapter shall include at the least a cooking line with mechanical ventilation, having two (2) ar more ovens and ranges; food preparation areas having sinks, cutting boards, and facilities and equipment for the preparation, holding at safe temperatures, and processing of food on site; refrigerators and/or coolers for the safe storage of food; and mechanical dishwashing facilities and equipment; all of the foregoing meeting the requirements of Chapter 331 of the Legislative Code and NSF International standards. On-sale shall mean the sale of liquor by the glass for consumption on the premises only. Sale and sell shall mean and include all barters and all manner or means of furnishing �/ o �� intoxicating liquor or liquors in violation or evasion of law. Section 2. Section 409.06 of the Saint Paul Legislative Code is hereby amended to read as follows: Sec. 409.06. Licensing requirements. (a) Application. Any person desiring a license to sell intoxicating liquor shall make his verified applicarion in wriring upon a form approved by the liquor control commissioner of the state and shall file the same with the inspector. Such application form shall require that the following informarion be set forth upon the application, and such further information as may be required: *** (i) License location restrictions. These restrictions shall not ap�lv to off-sale/brew pub license or off-sale brewery licenses. (1) No off-sale license shall be issued for any place where nonintoxicating malt beverages shall be sold for consumption on the premises. (2) No off-sale license shall be issued to any location within a half-mile radius of any existing off-sale establishxnent, except in the downtown business district, where the distance requirement shall be a radius of three hundred (300) feet. Notwithstanding the foregoing, no off-sale liquor establishment shall be located within a half-mile radius of the Xcel Energy Center. (3) No license shall be issued for an off-sale location which is within three hundred (300) feet of residentially zoned property, a park or a licensed child-care center, said three hundred (300) feet being calculated and computed as the distance measured from the property line of the premises or building proposed as the location for the off-sale liquor license to the property line of any residentially zoned property, pazk or child care center in the area for which the license is sought. (i) The council may waive the restrictions set forth in paragraph (3) above relating to distance if it makes findings that such a license is not inconsistent with the health, safety, morals and general welfare of the adjoining neighbors or community. Factors which may be considered include, but are not limited to the following: the likelihood of increased noise, traffic, litter, loitering or unlawful behavior by patrons of the establishment, excessive artificial lighting, substantial decrease in adjoining property values, and the extent to which any of the potential problems can be addressed by conditions on the license. (ii) In order to waive the restrictions relating to distance the council must first receive a petition from seventy-five (75) percent of the owners and tenants of all private residences, dwellings and apartment houses located within tl�ree hundred (300) feet of the proposed off-sale location stating that they have no obj ecrion if the waiver relates to residentially zoned property or a written statement consenting to the waiver by the director and/or owner of the child caze center if the waiver relates to a licensed child cue center. (iii) An establishment holding a valid license on the effective date of this amendment shall not be affected by this limitation, but shall be entitled to have such license renewed so long as they are in compliance with all other requirements of law and there exist no grounds for adverse action against such license. D(� �8 �� * (n) License near church or school. No license, except an on-sale wine or intoxicating malt liquor license issued to a restaurant as defined in section 409.15, off-sale/brew �ub, or off-sale brewery license shall be issued for any premises located within three hundred (300) feet from any public or pazochial school, church or synagogue, said three hundred (300) feet being calculated and computed as the distance measured from the property line of the premises or building proposed as the location for the liquor license to the property line of any school, church or synagogue in the azea for which the license is sought. Any licenses in force and effect on November 10, 1962, the location of which license is in conflict with the provisions hereof, may be renewed, transferred or otherwise dealt with in accordance with law, it being the intent of this pazagraph that it be applied prospectively for proposed locations of licenses, and further it being the intent of this paragraph that the limitations set forth in this paragraph shall in no manner be applicable to any hotel or motel. tJpon written petition signed on behalf of the school, church or synagogue located within three hundred (300) feet of the proposed location of the license, the council may by a five-sevenths vote disregard the provisions of this paragraph insofar as location adjacent to a church, school ar synagogue of a proposed license is concerned. (o) Unlawful use of weapons. If during any twelve-month period there are reported two (2) or more incidents involving unlawful use or handling of firearms, assault weapons or knives, as defined in section 225.01, on any licensed on-sale premises, a public hearing shall be conducted by the council. Any adverse action may be considered by the council pursuant to the hearing provisions of section 310.05. (p) Prohibited interests. A holder of a license as a manufacturer, brewer or wholesaler may not have any interest or ownership, in whole or in part in a business holding a retail intoxicating liquor license or in the license so held, but a manufacturer or wholesaler of intoxicating or nonintoxicating liquor may use or have property rented for retail intoxicating liquor sales if the manufacturer or wholesaler has owned the property continuously since November 1, 1933. This provision shall not ap�ly to off-sale/brew � .: . . . .. . .. . . : .: - . :: : . . : i..R.,.�,.,r,��.l � -�)� � � t�t�li9 �� !'�5%�lq� I NIr �� 14�1lTlIt�L� pl4l��I l�ll1 r ��wT 49111�1� �� Uwll� �(eCI�IUR�I�� DI�p � Di�°82�� wholesaler. � `7nteresP'. For the puruoses of para�raphs "p" and "c�' of this section, the term "interesY': � � �07 (�j� Nonconforming clubs; transition. The restrictions and requirements in sections 409.06(h), 409.06(n), and 409.08(11) of this chapter shall not apply to licenses issued to a club under this chapter which at the time of application for an on-sale license held a private club license under former Chapter 404 of this Code for the same premises for which a license hereunder is sought or will be issued, for so long as the on-sale license remains at that location and the licensed premises is neither enlarged nor transfened. Such licensed premises will be deemed a lawful nonconforming use under the zoning code. Section 3. Section 409.08 of the Saint Paul Legislative Code is hereby amended to read as follows: Sec. 409.08. Regulations generally. All licensees hereunder are hereby required to observe the following regulations; provided, however that any such regulation which specifically refers to an on-sale licensee shail not bind an off-sale licensee, nor shall any regulation which specifically refers to an off-sale licensee bind an on-sale licensee: (1) All sales shall be made in full view of the public. **� b(�'$ 2-2- (17) An off-sale/brew pub and off-sale brewerY may only sell at off-sale during legal hours for off-sale at exclusive liquor stores, and the malt liquor sold off-sale must be removed from the premises before the applicable off-sale closing time at exclusive liquor stores. (18) An off-sale/brew pub and off-sale brewerv must package the malt liquor in 64- ounce containers commonly known as growlers, bearing a twist-type closure, cork, stopper or plug. At the time of the sale, a paper or plastic adhesive band, strip or sleeve shall be applied to the container and extend over the top of the closure, fonning a seal that must be broken upon opening of the strip. The band, sri or seal must beaz the name and address of the brewer, and the container must be idenrified as malt liquor, contain the name oF the malt liquor and bear the name and address of the brewer selling the malt liquor and shall be considered intoxicating liquor unless otherwise labeled in accordance with Minnesota Rules, part 75151100. (19) The total retail sales at on-sale or off-sale of a brewer licensed to sell at off-sale as an off-sale brew pub or an off-sale brewerv may not exceed tlu�ee thousand five hundred (3,500) barrels per year - provided that off-sales may not total more than five hundred (500) barrels; ��ktiekener-isless. Section 4. This ordinance shall take effect and be in farce thiriy (30) days following its passage, approval and publication. r .,:t !" '�± Requested by Department of: Adopted by Council: Date By: Form ro� d b City ttorney By: Form Approved by Mayor for Submission to Council I/ By: Adoption Certified by Council Secretary By: _ Approved b� � o : Date /��'Q� BY �f�A � � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � �6- ��-- LP — License/Inspe.cfion/F�v'uon Prot Confact Person & Phone: Christine Rozek 266-9108 Must Be on Doc. Type: ORDINANCE E-0ocumentRequired: Y DocumentContact: RobertHUmphrey Contact Phone: 266-9123 n�e mm�a: 23AUG-06 � Assign Number For Routing Order Tofal # of SignaW re Pages _(Clip PJI Locations for SignaW re) Green Sheet NO: 3032314 Deoartment SentTO Person 0 icen n ectio oviro 1 'censelln ectio vvironPro IDe armientDireMOr 2 'tv Atto ' ,.i 3 zo ' Office �,( i Ma /ASSistant I 4 ooncil 5 ' Cfuk Cti L7erk . Approval of an ordinance which would establish a license type for small breweries (less than 3,500 bazrels per year) to se1164 ounce containers commonly lmown as "gowlers" in an off-sale capaciry. dations: ApPm�e (A) w Reject (R): Plannirg Commission � GB Committee CiHI Service Commission ConVacts Must Mswer the 1. Has this personlfirtn e�er worked uMer a contract for this department? Yes No 2. Has this person/firtn e�er been a city employee? Yw No 3. Does this persoNfirtn possess a skill rrot rrortnally possessed by any curtent city employee? Yes No Explain all yes answers on separate sheet and attach to green sheet Initiating Problem, Issues, Opportunity (Who, Wha4 When, Where, Why): The legisla6ve code was established at a hme wheu these unique, small breweries did not exist. LIEP is working with these small businesses to give them the tools to succeed economically. . . . AdvanWges If Approved: DisadvanWges IfApprovetl: DisadvanWges If NotApproved: Trensaction: Funding Source: Financial Information: (Explafn) qctivity Number. Council Research Center p�� 24 20U6 AUG 2 4 2006 CosflRevenue Budgeted: Aug4st Z3, 2006 4:12 PM Page 1 Council File # � � � �o�oZ Green Sheet # yf � 3� ORDINANCE OF SAINT PAUL, MINNESOTA Presented By An ordinance amending chapter 409 of the Saint Paul Legislative Code to allow licensing of off-sale breweries in accordance with amendments to Minnesota Statutes § 340A301. THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN: Section 1. Section 409.02 of the Saint Paul Legislative Code is hereby amended to read as follows: Sec. 409.02. Defmitions. As used in this chapter, the following terms shall have the meanings ascribed to them in this section: Catering permit shall mean that permit provided for in Minnesota Statutes, Section 340A.404, subdivision 12. Club shall mean a corporation organized under the laws of the state for civic, fraternal, social or business purposes or for intellectual improvement or promotion of sports which has more than fifty (50) members and for more than a year owned, hired or leased a building or space in a building of such extent and character as may be suitable and adequate for the reasonable and comfortable accommodation of its members, and whose affairs and management are conducted by a board of directors, executive committee or other similar body chosen by the members at a meeting held for that purpose, none of whose members, officers, agents or employees are paid, directly or indirectly, any compensation by way of profit from the distribution or sale of beverages to the members of the club or to its guests beyond the amount of such reasonable salary or wage as may be fixed and voted each year by the directors or other governing body. A club shall also, in order to be licensed, meet the provisions of Minnesota Statutes, Section 340A.404, subdivision 1(4), which requires that the organization shall have been in existence for at least three (3) years, and liquor sales will be only to members and bona fide guests. The above term will include private clubs licensed under former Chapter 404 of this Code, so long as they meet the above requirements upon applicarion for an on-sale license. Downtown business district shall mean that portion of the City of Saint Paul lying within and bounded by the following streets: Beginning at the intersection of Shepazd Road with Chesmut Street, Chestnut Street to Interstate Freeway 35E, Interstate Freeway 35E to Tenth Street, Tenth Street to Interstate Freeway 94, Interstate Freeway 94 to Lafayette Bridge, Lafayette Bridge to where the bridge crosses over Warner Road, Warner Road to Wabasha Bridge, Wabasha Bridge across the Mississippi River to the water line on the south bank of the river, thence in a westerly direction along the shore line to the point at which it intersects with "Line A," and then in a straight line across the Mississippi River to the intersection of Chestnut Street with Shepard Road. The location and legal description of "Line A" is indicated on the map attached hereto, and incorporated and adopted herein by reference. ExcZusive Ziquor store shall mean an establishment used only for off sale and on sale sales of intoxicating liquor, except that, upon obtaining proper state or city licenses for such sales, cigars, cigarettes, all forms of tobacco and nonintoxicating malt beverages and soft drinks may also be sold in said exclusive liquor store at retail; provided, fiuther, that such nonintoxicating malt beverages and soft drinks, when sold pursuant to an off sale liquor license, shall be sold for consumption off the premises only. ��d� Generad food store shall mean any place of business canying a stock of food supplies and prnnarily engaged in selling food and grocery supplies to the public. Hotel shall mean an establishment with resident proprietor or manager, where, for payment, food and lodging aze regularly fiunished to transients, and which maintains, for use of its guests, no fewer than fifty (50) guest rooms with bedding and other suitable and necessary fiunishings in each room, and which has a main entrance with suitable lobby, desk and office for the registration of guests on the ground floor and wluch employs an adequate staff to provide suitable and usual service, and which maintains, under the same management and control as the rest of the establishment and as an integral part thereof, a dining room with appropriate faciliries for seating not less than tturty (3Q) guests at one (1) time, where the general public is, in considerarion of payment, seroed with meals at tables, whose gross receipts from the sales of food and liquor are at least sixty (60) percent attributable to the sale of food during each and every calendar month, and hauing a full service kitchen and a menu, offering meals and fuli menu service on a daily basis to at least 11:00 pm. or to the closing time of the entire establishment. A full service kitchen shall meet the definirion of full service kitchen under the definition of restaurant below. Intoxicating liquor or liquor shall mean and include ethyl alcohol, and any distilled, fermented, spirituous, vinous or malt liquid of any kind potable as a beverage, which contains an alcoholic content in excess of three and two-tenths (3.2) percent thereof by weight or four (4) percent by voluxne. Medicines shall mean and include only such potable liquids as prescribed by licensed physicians and dentists for therapeutic purposes and United States Pharmacopoeia and National Formulary prepazations and preparations used for the mitigation of disease far external and internal purposes which are usually sold in drug stores and intended for therapeutic purposes and not for beverage purposes. Off-sale shall mean the sale of liquor in original packages in retail stores for consumption off or away from the premises where sold. On-sale shall mean the sale of liquor by the glass for consumption on the premises only. Package or original package shall mean and include any container or receptacle holding liquor, which container ar receptacle is corked or sealed. Person shall inciude individuals, corporations, parinerships and associations. Restaurant shall mean an establishment other than a hotel, whose food and liquor services aze under the control of a single proprietor or manager, having appropriate facilities for the serving of ineals for no fewer than fifty (50) guests at one (1) time, having a full service kitchen and a menu, offering meals and full menu service on a daily basis to at least ll:00 p.m. ar to the closing time of the entire establishment, and whose gross receipts are at least sixty (60) percent attributable to the sale of food during each and every calendar month. A full service kitchen far the purpose of this chapter shall include at the least a cooking line with mechanical ventilation, having two (2) or more ovens and ranges; food preparation areas having sinks, cutting boards, and facilities and equipment for the preparation, holding at safe temperahxres, and processing of food on site; refrigerators andlor coolers for the safe storage of food; and mechanical dishwashing facilities and equipment; all of the foregoing meeting the requirements of Chapter 331 of the Legislative Code and NSF International standards. Off-sale/brew pub shall mean a brewer licensed under Minn. Stat. § 340A.301, subd. 6(d) who sells malt liquar produced and packaged on the licensed premises for consumption off or away from the premises. J, .�_ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 • Sa1e and sell shall mean and include all barters and all manner or means of fixrnishing intoxicating liquor or liquors in violation or evasion of law. Section 2. Secrion 409.06 of the Saint Paul I,egislative Code is hereby amended to read as follows: Sec. 409.06. Licensing requirements. (a) Application. Any person desiring a license to sell intoxicating liquor shall make his verified application in writing upon a form approved by the liquor control commissioner of the state and shall file the same with the inspector. Such application form shall require that the following information be set forth upon the application, and such further information as may be required: **�: (i) License Zocation restrictions. These restrictions shall not apkly to off-sale/brew pub license or off-sale brewerXlicenses. (1) No off-sale license shall be issued for any place where nonintoxicating malt beverages shall be sold for consumption on the premises. (2) No off-sale license shall be issued to any location within a half-mile radius of any existing off-sale establishment, except in the downtown business district, where the distance requirement shall be a radius of three hundred (300) feet. Notwithstanding the foregoing, no off-sale liquor establishment shall be located within a half-mile radius of the Xcel Energy Center. (3) No license shall be issued for an off-sale location which is within three hundred (300) feet of residentially zoned property, a park or a licensed child-care center, said three hundred (300) feet being calculated and computed as the distance measured from the properiy line of the premises or building proposed as the locarion for the off-sale liquar license to the properry line of any residentially zoned properiy, park or child care center in the area for which the license is sought. (i) The council may waive the restrictions set forth in paragraph (3) above relating to distance if it makes findings that such a license is not inconsistent with the health, safety, morals and general welfare of the adjoining neighbors or community. Factors which may be considered include, but are not limited to the following: the likelihood of increased noise, traffic, litter, loitering or unlawful behaviar by patrons of the establishment, excessive artificial lighting, substantial decrease in adjoining property values, and the extent to which any of the potentiai problems can be addressed by conditions on the license. (ii) In order to waive the restrictions relating to distance the council must first receive a petition from seventy-five (75) percent of the owners and tenants of all private residences, dwellings and apariment houses located within three hundred (300) feet of the proposed off-sale location stating that they have no objection if the waiver relates to residen6ally zoned property or a written statement consenting to the waiver by the director and/or owner of the child caze center if the waiver relates to a licensed child caze center. (iii) An establislunent holding a valid license on the effective date of this amendment shall not be affected by this limitation, but shall be enritled to have such license renewed so long as they are in compliance with all other requirements of law and there exist no grounds for adverse action against such license. *�* ��- �aa- (n) License near church or school. No license, except an on-sale wine or intoxicating malt liquor license issued to a restaurant as defined in section 409.15, off-sale/brew pub, or off-sale brewer�license shall be issued for any premises located within three hundred (300) feet from any public or pazochial school, church or synagogue, said three hundred (300) feet being calculated and computed as the distance measured from the properiy line of the premises or building proposed as the location for the liquor license to the property line of any school, church or synagogue in the azea for which the license is sought. Any licenses in force and effect on November 10, 1962, the location of which license is in conflict with the provisions hereof, may be renewed, transferred or otherwise dealt with in accordance with law, it being the intent of this paragraph that it be applied prospectively for proposed locarions of licenses, and further it being the intent of this pazagraph that the limitations set forth in ttus paragraph shall in no manner be applicable to any hotel or motel. Upon written petition signed on behalf of the school, church or synagogue located within three hundred (300) feet of the proposed location of the license, the council may by a five-sevenths vote disregard the provisions of this paragraph insofar as location adjacent to a church, school or synagogue of a proposed license is concemed. (o) Unlawful use of weapons. If during any twelve-month period there are reported two (2) or more incidents involving unlawful use or handling of firearms, assault weapons or knives, as defined in section 225.01, on any licensed on-sale premises, a public hearing shall be conducted by the council. Any adverse action may be considered by the council pursuant to the hearing provisions of section 310.05. (p) Prohibited interests. A holder of a license as a manufacturer, brewer or wholesaler may not haue any interest or ownership, in whole or in part in a business holding a retail intoxicating liquor license or in the license so held, but a manufacturer or wholesaler of intoxicating or nonintoxicating liquor may use or haue property rented for retail intoxicating liquor sales if the manufacturer or wholesaler has owned the properiy continuously since November 1, 1933. This provision shall not ap�lv to off-saleJbrew � ��PI�LL�\TT��\�URRU�IrI�, ��; ��bl��•CI�NIq��pll�lU�Jry��PIIA��r1�R�'i�1��b1�liU � •• -� i� • � � � �/(R�I�pl�RUP� �'��l�l�l4�l��1�1�� ` • � � � �� 1� �� `7nteresP'. For the puruoses of paragraphs "p" and "q" of this secrion, the term "interest": � � license: and � {�j� Nonconforming clubs; transition. The restrictions and requirements in sections 409.06(h), 409.06(n), and 409.08(11) of this chapter shall not apply to licenses issued to a club under this chapter which at the time of application fot an on-sale license held a private club license under former Chapter 404 of this Code far the same premises for which a license hereunder is sought or will be issued, for so long as the on-sale license remains at that location and the licensed premises is neither enlarged nor transferred. Such licensed premises will be deemed a lawful nonconforming use under the zoning code. Section 3. Section 409.08 of the Saint Paul Legislative Code is hereby amended to read as follows: Sec. 409.08. Regulations generally. All licensees hereunder are hereby required to observe the following regulations; provided, however that any such regulation which specifically refers to an on-sale licensee shall not bind an off-sale licensee, nor shall any regulation which specifically refers to an off-sale licensee bind an on-salelicensee: (1) All sales shall be made in fixll view of the public. *�* (17) An off-sale/brew pub and off-sale brewerv may only sell at off-sale during legal hours for off-sale at exclusive liquor stores, and the malt liquor sold off-sale must be removed from the premises before the applicable off-sale closing tune at exclusive liquor stores. (�,� — �� (18) An off-sale/brew pub and off-sale brewerv must package the malt liquor in 64- ounce containers commonly lrnown as growlers, bearing a rivist-type closure, cork, stopper or plug. At the rime of the sale, a paper or plastic adhesive band, strip or sleeve shali be applied to the container and extend over the top of the closure, fornuug a seal that must be broken upon opening of the strip. The band, strip or seal must bear the name and address of the brewer, and the container must be identified as malt liquor, contain the name of the malt liquor and bear the name and address of the brewer selling the malt liquor and shall be considered intoxicating liquor unless otherwise labeled in accordance with Minnesota Rules, part 7515.1100. (19) The total sales at on-sale or off-sale of a brewer licensed to sell at off-sale as an off-sale brew pub or an off-sale brewery may not exceed three thousand five hundred (3,500) barrels per yeaz and off-sales may not tAtal more than fifty (50) percent of the brewer's production ar five hundred (500) barrels, whichever is less. Section 4. This ordinance shall take effect and be in farce thirty (30) days following its passage, approval and publication. Requested by Department of: Adoption Certified by Council Secretary By: Approved by Mayor: Date By: FOYm By: FoTm By: ��.+.�p _ C�-� ..�.-/ A Yoved by Ci�Att=xney Approved by Mayor for Submission to Council �?� d� �' �-�.Y-o� By Adopted by Council: Date