Ordinance No. 1335 06-13-2016
ORDINANCE NO. 1335
OFFICIAL TITLE AND SUMMARY
I.Title
AN ORDINANCE AMENDING CHAPTER 603 OF THE FRIDLEY CITY CODE
ENTITLED INTOXICATING LIQUOR TO ALLOW FOR BREW PUBS AND AMEND
THE HOURS OF OPERATION; CHAPTER 602 SECTION 602.09, AND CHAPTER 606,
SECTION 606.11 AMENDING THE HOURS OF OPERATION
II.Summary
The City Council of the City of Fridley does hereby ordain as follows:
That Chapter 603 of the Fridley City Code is amended allowing for a “brew pub” and changing
the hours of operation on Sunday to allow for on-sale of intoxicating liquor between 8:00 a.m.
and 10:00 a.m.; and amending Chapters 602 and 606 of the City Code amending the hours of
operation allowing for Sunday on-sale between 8:00 am and 10:00 a.m.
III. Notice
This title and summary has been published to clearly inform the public of the intent and effect of
the Fridley City Code. A copy of the ordinance, in its entirety, is available for inspection by any
person during regular business hours at the offices of the City Clerk of the City of Fridley, 6431
University Ave N.E., Fridley, MN.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
TH
13 DAY OF JUNE 2016.
________________________________
SCOTT J. LUND, MAYOR
ATTEST:
____________________________
DEBRA A. SKOGEN, CITY CLERK
First Reading: May 23, 2016
Second Reading: June 13, 2016
Published: June 24, 2016
ORDINANCE NO. 1335
AN ORDINANCE AMENDING CHAPTER 603 OF THE FRIDLEY CITY CODE
ENTITLED INTOXICATING LIQUOR TO ALLOW FOR BREW PUBS AND AMEND
THE HOURS OF OPERATION; CHAPTER 602 SECTION 602.09, AND CHAPTER 606,
SECTION 606.11 AMENDING THE HOURS OF OPERATION
The Fridley City Council hereby finds after review, examination and recommendation of staff that
Fridley City Code related to the on-sale of intoxicating liquor to allow for brew pubs be hereby
created, amended and ordained as follows:
FRIDLEY CITY CODE
CHAPTER 603. INTOXICATING LIQUOR
SECTION 1: THAT SECTION 603.01. DEFINITIONS, BE HEREBY AMENDED BY
CREATING LANGUAGE DEFINING A BREW PUB AND RENUMBERING THE
REMAINDER OF THIS SECTION AS FOLLOWS:
(2) Brew Pub
A brew pub is a restaurant attached to a brewery which manufactures fewer than 3,500 barrels of
malt liquor annually. The entire brewing production is solely for the sale and consumption of malt
liquor on tap on the licensed premises or for off-sale from the licensed premises as permitted by
Minnesota Statutes Section 340A.24, Subd 2 and City Code Chapter 610.
SECTION 2: THAT SECTION 603.02. LICENSE REQUIRED, BE AMENDED AS
FOLLOWS:
No person, except wholesalers or manufacturers to the extent authorized under State License,
shall directly or indirectly deal in, sell, or keep for sale any intoxicating liquor without first
having received a license to do so as provided in this Chapter. No person shall sell any
intoxicating liquor on Sundays without obtaining a separate license for Sunday sales, as required
by Minnesota State Statues. No person shall sell any intoxicating liquor after 1:00 a.m. without
obtaining a special Late Night License Endorsement for an existing liquor license as provided in
this Chapter.
On-Sale intoxicating liquor licenses shall only be granted to bowling centers, brew pubs, hotels
and restaurants, as defined in Section 603.01, where food is prepared and served for consumption
on the premises.
SECTION 3: THAT SECTION 603.08. PERSONS INELIGIBLE , BE AMENDED AS
FOLLOWS:
5. Who is a manufacturer or wholesaler of intoxicating liquor with the exception of a brew pub.
No manufacturer or wholesaler shall either directly or indirectly own or control or have any
financial interest in any retail business selling intoxicating liquor.
Ordinance No. 1335 Page 2
SECTION 4: THAT SECTION 603.09. PLACES INELIGIBLE BE AMENDED AS
FOLLOWS:
4. No "on-sale" license shall be granted for a brew pub, restaurant and/or hotel that does not
have a minimum total building area of 5,000 square feet, with a minimum kitchen and dining area
of 2,000 square feet and with a minimum seating capacity that is open to the general public of 130.
SECTION 5: THAT SECTION 603.10. CONDITIONS OF LICENSE, BE AMENDED AS
FOLLOWS:
3. No "on-sale" licensee shall sell intoxicating liquor "off-sale" with the exception of a brew pub.
13. No licensee shall apply for or possess a Federal Wholesale Liquor Dealers special tax stamp
or a Federal Gambling stamp, with the exception of a brew pub.
18. A brew pub and restaurant shall be conducted in such a manner that, of that part of the total
business attributable to or derived from the serving of foods and intoxicating liquors, a minimum
of 40% of the business for a license year is from the serving of food prepared on site and not
from vending machines. A hotel shall be conducted in such a manner that, of that part of the total
business attributable to or derived from the serving of foods and intoxicating liquors a minimum
of 40% of the business for a license year is from the serving of food prepared on site and not
from vending machines. A bowling center/restaurant shall be conducted in such a manner that,
of that part of the total business attributable to or derived from the sale of food and intoxicating
liquors, a minimum of 30% of the gross sales of the food and liquor is from the serving of food
prepared on site and not from vending machines.
20. No licensee shall hold events which are exclusively for persons under the age of 21 except
social functions that are held in a portion of the establishment where liquor is not sold. Social
functions that are held in a portion of the brew pub or restaurant where liquor is not sold shall be
limited to persons age 18 and older.
SECTION 6: THAT SECTION 603.11. HOURS OF OPERATION BE AMENDED AS
FOLLOWS:
603.11. HOURS OF OPERATION
1. No sale of intoxicating liquor for consumption on the licensed premises 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. No sale may between the hours of 8:00 p.m. December 24th and
Ord 1271)
8:00 a.m. on December 26th without a Holiday Endorsement. (Ref
Ordinance No. 1335 Page 3
SECTION 7: THAT SECTION 603.26. PATIO ENDORSEMENT BE AMENDED AS
FOLLOWS:
3. Application
Any brew pub or restaurant to which an on-sale intoxicating or wine license has been issued may
submit an application for a patio endorsement. The application shall contain a description of the
outdoor area that is proposed to be licensed and will be accompanied by a drawing of the proposed
area to be licensed. The application will also include a detailed description of the barriers that will
be used, the method of seating, ingress and egress arrangements, security provisions, sanitary and
fire arrangements and lighting. The drawings must include the dimensions of the area, barriers,
tables, aisles and equipment, and must be drawn proportionately to scale.
SECTION 8: THAT CHAPTER 602 OF THE FRIDLEY CITY CODE BE HEREBY
AMENDED AS FOLLOWS:
CHAPTER 602. 3.2% MALT LIQUOR
602.09. HOURS
1. Closing Hours.
No sale of 3.2% 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. No sale may be
made between the hours of 8:00 p.m. December 24th and 8:00 a.m. on December 26th without
Holiday Endorsement. (Ref Ord 1271)
SECTION 9: THAT CHAPTER 606 OF THE FRIDLEY CITY CODE BE HEREBY
AMENDED AS FOLLOWS:
CHAPTER 606. INTOXICATING LIQUORS - ON-SALE CLUBS
606.11. HOURS OF OPERATION
1. No sale of intoxicating liquor for consumption on the licensed premises 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. No sale may be between the hours of 8:00 p.m. December 24th
and 8:00 a.m. December 26th without a Holiday Endorsement. (Ref. 935, 984, 1271)
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
RD
23 DAY OF JUNE 2016.
____________________________
Scott J. Lund, Mayor
ATTEST:
___________________________________
Debra A. Skogen, City Clerk
First Reading: May 23, 2016
Second Reading: June 13, 2016
Publication Date:
•
AFFIDAVIT OF PUBLICATION CITY OF FRIDLEY
ORDINANCE NO.1335
STATE OF MINNESOTA )ss OFFICIAL TITLE
COUNTY OF ANOKA AND SUMMARY
I.Title
AN ORDINANCE AMENDING
Charlene Vold being duly sworn on an oath, CHAPTER 603 OF THE FRIDLEY
states or affirms that he/she is the Publisher'sCITY CODE TI
Designated Agent of the newspaper(s)known CATING LIQUORENTOTLED ALLOWINTOXI-
FOR
g g BREW PUBS AND AMEND THE
as: HOURS OF OPERATION; CHAP-
TER 602 SECTION 602.09, AND
SF Columbia Heights/Fridley CHAPTER 606, SECTION 606.11
AMENDING THE HOURS OF OP-
ERATION
with the known office of issue being located II.Summary
in the county of: The City Council of the City of
ANOKA Fridley does hereby ordain as fol-
lows: That Chapter 603 of the Frid-
with additional circulation in the counties of: ley City Code is amended allowing
ANOKA for a"brew pub"and changing the
and has full knowledge of the facts stated hours of operation on Sunday to
below: allow for on-sale of intoxicating li-
(A)The newspaper has complied with all of quor between 8:00 a.m.and 10:00
a.m.;and amending Chapters 602
the requirements constituting qualifica- and 606 of the City Code amending
tion as a qualified newspaper as provided the hours of operation allowing for
by Minn. Stat.§331A.02. Sunday on-sale between 8:00 am
(B)This Public Notice was printed and pub- and III..Noti a.m.
Notice
lished in said newspaper(s) once each This title and summary has been
week, for 1 successive week(s); the first published to clearly inform the pub-
insertion being on 06/24/2016 and the last lic of the intent and effect of the
Fridley City Code. A copy of the
insertion being on 06/24/2016. ordinance, in its entirety, is avail-
able for inspection by any person
MORTGAGE FORECLOSURE NOTICES during regular business hours at
Pursuant to Minnesota Stat. §580.033 the offices of the City Clerk of the
City of Fridley,6431 University Ave
relating to the publication of mortgage N.E.,Fridley,MN.
foreclosure notices: The newspaper complies PASSED AND ADOPTED BY
with the conditions described in §580.033, THE CITY COUNCIL OF THE CITY
subd. 1, clause (1) or(2). If the newspaper's OFJUNE FRIDLEY2016. THIS 13TH DAY OF
known office of issue is located in a county Is/SCOT-J.LUND,
adjoining the county where the mortgaged MAYOR
premises or some part of the mortgaged ATTEST:DEBRA A.SKOGEN,
premises described in the notice are located, CITY CLERK
First Reading:May 23,2016;
a substantial portion of the newspaper's Second Reading:June 13,2016
circulation is in the latter county. Published in the
Columbia Hgt-Fridley Sun Focus
June 24,2016
C T 562428
By: 1 Z)
Q,
Designated Agent
Subscribed and sworn to or affirmed before
me on 06/24/2016 by Charlene Vold.
D . W \CyL
Notary Public
v._
;F71-"A DARLENE MARIE MACPHERSON
Notary Public-Minnesota
J1
�, /My Commission Expires Jan 31,2019
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