ORD 15-11ORDINANCE NO. 2015-11
CITY OF OTSEGO
WRIGHT COUNTY, MINNESOTA
AN ORDINANCE AMENDING THE OTSEGO CITY CODE TO ALLOW FOR
FARM WINERIES, .BREW -ON -PREMISES, BREWPUBS, BREWERIES AND
DISTILLERIES.
THE CITY COUNCIL OF THE CITY OF OTSEGO, MINNESOTA ORDAINS:
Section 1. Section 2-4-2.A.1 of the City Code (Fee Schedule — Liquor
License) is hereby amended to add the following provisions:
n. Small -Brewer, Off -Sale: $150.00
o. Brewpub License:
P. Taproom License:
$150.00
$150.00
Section 2. Section 7-3-2 of the City Code (Intoxicating Liquor) is
hereby amended to add the following provisions:
E. Small Brewer, Off -Sale. Off -sale licenses for small breweries shall be
issued only in accordance with Minnesota Statutes 340A.28
F. Brewpub License. Brewpub licenses shall be issued only in accordance
with Minnesota statutes 340A.301.
G. Taproom License. Taproom licenses shall be issued only in accordance
with Minnesota statutes 340A.301.
H. Use of City Owned Facilities. The City may authorize the holder of a
regular on -sale intoxicating liquor license issued by the City or by an
adjacent City to dispense intoxicating liquor at any convention, banquet,
conference, meeting or social affair conducted on the premises of a
sports, convention or cultural facility owned by the City or its
instrumentalities having independent policy making and appropriating
authority. For purposes of this Section, the said premises specifically
includes, but is not limited to, the City Hall and its associated community
center. The licensee must be engaged to dispense intoxicating liquor at
1
an event held by a person or organization permitted to use the premises
and may dispense intoxicating liquor only to persons attending the event.
In no case shall any licensee dispense intoxicating liquor to any person
attending or participating in an amateur athletic event held on the
premises.
Section 3. Section 20-2-2 of the Zoning Ordinance (Definitions) is
hereby amended to add following definitions:
Brew on Premises: A facility that provides the ingredients and equipment for a
customer to use to brew malt liquor at the store. Alcoholic beverages may not be
sold or otherwise provided to customers of a brew on premises store, unless the
owner of the brew on premises store holds the appropriate liquor license.
Customers using the brew on premises store must be of the minimum age
required to purchase intoxicating liquor. Malt liquor brewed by a customer in the
store must not be sold and must be used by the customer solely for personal or
family use.
Brewery: A facility that produces beer, ale or other beverages made from malt
by fermentation and containing not less than one-half of one percent alcohol by
1
volume.
Brewery, Small: A brewery that produces not more than twenty thousand
(20,000) barrels of malt liquor in a calendar year as regulated by Minnesota
Statues, as may be amended.
Brewpub: A small brewery with a restaurant use operated on the same
premises as the brewery.
Distillery: A facility that produces ethyl alcohol, hydrated oxide of ethyl, sprits of
wine, whiskey, rum, brandy, gin, or other distilled spirits, including all dilutions
and mixtures thereof for non -industrial use.
Farm Winery: A winery operated by the owner of a Minnesota farm producing
table, sparkling or fortified wines from grapes, grape juice, other fruit bases or
honey with a majority of the ingredients produced on the premises.
Micro -distillery: A distillery producing premium, distilled spirits in total quantity
not to exceed forty thousand (40,000) proof gallons in a calendar year as
regulated by Minnesota Statues, as may be amended.
Taproom: An area for the on -sale consumption of malt liquor produced by the
brewer for consumption on the premises of a brewery or an abutting property in
common ownership of the brewer, which may include sales of malt liquor
produced and packaged at the brewery for off -premises consumption as allowed
2
by Minnesota Statutes, as may be amended.
Tasting Room: An area for the on -sale consumption of distilled spirits or wine
produced on the premises of or abutting a winery or distillery and in common
ownership to the producer, which may include sales of beverages produced and
packaged at the winery or distillery for off -premises consumption as may be
allowed by Minnesota Statutes as may be amended.
Section 4. Section 20-21-9.V of the Zoning Ordinance (Off -Street
Parking Requirements — Minimum Spaces Required) is hereby amended to
modify the following existing requirement:
V. Restaurants, Cafes, Private Clubs Serving Food and/or Drinks, Bars, On -
Sale Nightclubs, Brewpubs, Taprooms, Tasting Rooms: At least one (1)
space for each forty (40) square feet of gross floor area of dining and bar
area and one (1) space for each eighty (80) square feet of kitchen area.
Section 5. Section 20-52-3 of the Zoning Ordinance (A-2 District -
Interim Uses) is hereby amended to add the following provisions:
D. Farm wineries with tasting rooms.
Section 6. Section 20-60-5 of the Zoning Ordinance (R -C District -
Conditional Uses) is hereby amended to add the following provisions:
Farm wineries with tasting rooms.
Section 7. Section 20-76-2 of the Zoning Ordinance (B-2 District -
Permitted Uses) is hereby amended to add the following provisions:
R. Brew on premises.
S. Brewpub.
Section 8. Section 20-76-6 of the Zoning Ordinance (B-2 District -
Conditional Uses) is hereby amended to add the following provisions:
J. Micro -distilleries with tasting rooms.
K. Small breweries with tap rooms.
3
Section 9. Section 11-77-3 of the Zoning Ordinance (B-3 District
Permitted Uses) is hereby amended to add the following provisions:
W. Brew on premises.
WW. Brewpub.
Section 10. Section 11-77-6 of the City Code (B-3 District - Conditional
Uses) is hereby amended to add the following provisions:
I. Micro -distilleries with tasting rooms.
J. Small breweries with tap rooms.
Section 11. Section 11-78-3 of the Zoning Ordinance (B -W District
Permitted Uses) is hereby amended to add the following provisions:
O. Micro -distilleries with or without tasting rooms.
P. Small Breweries with or without Tap Rooms.
Section 12. Section 11-78-6 of the Zoning Ordinance (B -W District
Conditional Uses) is hereby amended to add the following provisions:
F. Breweries and small breweries with or without taprooms.
G. Distilleries and micro -distilleries with or without tasting rooms.
Section 13. Section 11-79-2 of the Zoning Ordinance (B -C District
Permitted Uses) is hereby amended to add the following provisions:
J. Micro -distilleries with or without tasting rooms.
K. Small Breweries with or without Tap Rooms.
Section 14. Section 11-7-6 of the Zoning Ordinance (B -C District
Conditional Uses) is hereby amended to add the following provisions:
F. Breweries and small breweries with or without taprooms.
4
G. Distilleries and micro -distilleries with or without tasting rooms.
Section 15. Section 20-85-2 of the Zoning Ordinance (1-1 District -
Permitted Uses) is hereby amended to add the following provisions:
H. Breweries and small breweries.
I. Distilleries and micro -distilleries.
Section 16. Section 20-85-6 of the Zoning Ordinance (1-1 District -
Conditional Uses) is hereby amended to add the following provisions:
G. Taprooms accessory to a brewery or small brewery.
H. Tasting rooms accessory to a distillery or micro -distillery.
Section 17. Section 20-86-3 of the Zoning Ordinance (1-2 District -
Permitted Uses) is hereby amended to add the following provisions:
J. Breweries and small breweries.
K. Distilleries and micro -distilleries.
Section 18. Section 11-86-7 of the Zoning Ordinance (1-2 District -
Conditional Uses) is hereby amended to add the following provisions:
K. Taprooms accessory to a brewery or small brewery.
L. Tasting rooms accessory to a distillery or micro -distillery.
Section 19. Section 20-86-2 of the Zoning Ordinance (1-2 District -
Permitted Uses) is hereby amended to add the following provisions:
H. Breweries and small breweries.
I. Distilleries and micro -distilleries.
Section 20. Section 11-86-6 of the Zoning Ordinance (1-2 District -
Conditional Uses) is hereby amended to add the following provisions:
5
G. Taprooms accessory to a brewery or small brewery.
H. Tasting rooms accessory to a distillery or micro -distillery.
Section 21. This ordinance shall be effective immediately upon its
passage and publication.
MOTION BY: Warehime
SECOND BY: Heidner
ALL IN FAVOR: Stockamp, Warehime, Heidner, Darkenwald
THOSE OPPOSED: None
ADOPTED by the City Council of the City of Otsego this 9th day of
November, 2015.
ATTEST: JUW_" • LQ�
Tami Loff, City Clerk
G
CITY OF OTSEGO
-W
•MAM
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA )Ss
COUNTY OF SHERBURNE
Charlene Vold being duly sworn on an oath,
states or affirms that he/she is the Publisher's
Designated Agent of the newspaper(s) known
as:
Star News
with the known office of issue being located
in the county of:
SHERBURNE
with additional circulation in the counties of:
WRIGHT
and has full knowledge of the facts stated
below:
(A) The newspaper has complied with all of
the requirements constituting qualifica-
tion as a qualified newspaper as provided
by Minn. Stat. §331A.02.
(B) This Public Notice was printed and pub-
lished in said newspaper(s) once each
week, for 1 successive week(s); the first
insertion being on 11/21/2015 and the last
insertion being on 11/21/2015.
MORTGAGE FORECLOSURE NOTICES
Pursuant to Minnesota Stat. §580.033
relating to the publication of mortgage
foreclosure notices: The newspaper complies
with the conditions described in §580.033,
subd. 1, clause (1) or (2). If the newspaper's
known office of issue is located in a county
adjoining the county where the mortgaged
premises or some part of the mortgaged
premises described in the notice are located,
a substantial portion of the newspaper's
circulation is in the latter county.
By:
Designated Agent
Subscribed and sworn to or affirmed before
me on 11/21/2015 by Charlene Vold.
Notary Public
WVV" �.
DARLENE MARIE MACPHERSON
Notary Public -Minnesota
My Commission Expires Jan 31,20`19
Rate Information:
(1) Lowest classified rate paid by commercial users
for comparable space:
$23.00 per column inch
Ad ID 476048
CITY OF OTSEGO
WRIGHT COUNTY,
MINNESOTA
ORDINANCE NO. 2015-11
AN ORDINANCE AMENDING
THE OTSEGO CITY CODE TO
ALLOW FOR FARM WINERIES,
BREW -ON -PREMISES, BREW -
PUBS, BREWERIES AND DISTILL-
ERIES.
THE CITY COUNCIL OF THE
CITY OF OTSEGO, MINNESOTA
ORDAINS:
Section 1. Section 2-4-2.A.1 of
the City Code (Fee Schedule — Li-
quor License) is hereby amended
to add the following provisions:
n. Small -Brewer, Off -Sale:
$150.00
o. Brewpub License: $150.00
p. Taproom License: $150.00
Section 2. Section 7-3-2 of the
City Code (Intoxicating Liquor) is
hereby amended to add the follow -
Ing provisions:
E. Small Brewer, Off -Sale. Off -
sale licenses for small breweries
shall be issued only in accordance
with Minnesota Statutes 340A.28
F. Brewpub License. Brewpub
licenses shall be issued only in ac-
cordance with Minnesota statutes
340A.301.
G. Taproom License. Taproom
licenses shall be issued only in ac-
cordance with Minnesota statutes
340A.301.
H. Use of City Owned Facili-
ties. The City may authorize the
holder of a regular ori -sale intoxi-
cating liquor license issued by the
City or by an adjacent City to dis-
pense intoxicating liquor at any
convention, banquet, conference,
meeting or social affair conducted
on the premises of a sports, con-
vention or cultural facility owned
by the City or its instrumentalities
having independent policy making
and appropriating authority. For
purposes of this Section, the said
premises specifically includes, but
is not limited to, the City Hall and
its associated community center.
The licensee must be engaged to
dispense intoxicating liquor at an
event held by a person or organi-
zation permitted to use the prem-
ises and may dispense intoxicating
liquor only to persons attending the
event. In no case shall any licensee
dispense intoxicating liquor to any
person attending or participating in
an amateur athletic event held on
the premises.
Section 3. Section 20-2-2 of the
Zoning Ordinance (Definitions) is
hereby amended to add following
definitions:
Brew on Premises: A facility that
provides the ingredients and equip-
ment for a customer to use to brew
malt liquor at the store. Alcoholic
beverages may not be sold or oth-
erwise provided to customers of
a brew on premises store, unless
the owner of the brew on premises
store holds the appropriate liquor
license. Customers using the brew
on premises store must be of the
minimum age required to purchase
intoxicating liquor. Malt liquor
brewed by a customer in the store
must not be sold and must be used
by the customer solely for personal
or family use.
Brewery: A facility that produces
beer, ale or other beverages made
from malt by fermentation and con-
taining not less than one-half of one
percent alcohol by volume.
Brewery, Small: A brewery that
produces not more than twenty
thousand (20,000) barrels of malt li-
quor in a calendar year as regulated
by Minnesota Statues, as may be
amended.
Brewpub: A small brewery with
a restaurant use operated on the
same premises as the brewery.
Distillery: A facility that produc-
es ethyl alcohol, hydrated oxide of
ethyl, spirits of wine, whiskey, rum,
brandy, gin, or other distilled spirits,
including all dilutions and mixtures
thereof for non -Industrial use.
Farm Winery: A winery oper-
ated by the owner of a Minnesota
farm producing table, sparkling or
fortified wines from grapes, grape
juice, other fruit bases or honey
with a majority of the ingredients
produced on the premises.
Micro -distillery: A distillerypro-
ducing premium, distilled spirits in
total quantity not to exceed forty
thousand (40,000) proof gallons
in a calendar year as regulated
by Minnesota Statues, as may be
amended.
Taproom: An area for the on -
sale consumption of malt liquor
produced by the brewer for con-
sumption on the premises of a
brewery or an abutting property in
common ownership of the brewer,
which may include sales of malt
liquor produced and packaged at
the brewery for off -premises con-
sumption as allowed by Minnesota
Statutes, as may be amended.
Tasting Room: An area for the
on -sale consumption of distilled
spirits or wine produced on the
premises of or abutting a winery or
distillery and in common ownership
to the producer, which may include
sales of beverages produced and
packaged at the winery or distillery
for off -premises consumption as
may be allowed by Minnesota Stat-
utes as may be amended.
Section 4. Section 20-21-9.V of
the Zoning Ordinance (Off -Street
Parking Requirements — Mini-
mum Spaces Required) is hereby
amended to modify the following
existing requirement:
V. Restaurants, Cafes, Private
Clubs Serving Food and/or Drinks,
Bars, On -Sale Nightclubs, Brew -
pubs, Taprooms, Tasting Rooms:
At least one (1) space for each forty
(40) square feet of gross floor area
of dining and bar area and one (1)
space for each eighty (80) square
feet of kitchen area.
Section 5. Section 20-52-3 of
the Zoning Ordinance (A-2 District -
Interim Uses) is hereby amended to
add the following provisions:
D. Farm wineries with tasting
rooms.
Section 6. Section 20-60-5 of
the Zoning Ordinance (R -C Dis-
trict - Conditional Uses) is hereby
amended to add the following pro-
visions:
I. Farm wineries with tasting
rooms.
Section 7. Section 20-76-2 of
the Zoning Ordinance (B-2 District -
Permitted Uses) is hereby amend-
ed to add the following provisions:
R. Brew on premises.
S. Brewpub.
Section 8. Section 20-76-6 of
the Zoning Ordinance (B-2 Dis-
trict -Conditional Uses) is hereby
amended to add the following pro-
visions:
J. Micro -distilleries with tasting
rooms.
K. Small breweries with tap
rooms.
Section 9. Section 11-77-3 of
the Zoning Ordinance (8-3 District
Permitted Uses) is hereby amend-
ed to add the following provisions:
W. Brew on premises.
WW Brewpub.
Section 10. Section 11-77-6 of
the City Code (B-3 District - Condi-
tional Uses) is hereby amended to
add the following provisions:
I. Micro -distilleries with tasting
rooms.
J. Small breweries with tap
rooms.
Section 11. Section 11-78-3 of
the Zoning Ordinance (B -W District
Permitted Uses) is hereby amend-
ed to add the following provisions:
O. Micro -distilleries with or with-
out tasting rooms.
P. Small Breweries with or with-
out Tap Rooms.
Section 12, Section 11-78-6 of
the Zoning Ordinance (B -W Dis-
trict Conditional Uses) is hereby
amended to add the following pro-
visions:
F Breweries and small breweries
with or without taprooms.
G. Distilleries and micro -distill-
eries with or without tasting rooms.
Section 13. Section 11-79-2 of
the Zoning Ordinance (B -C District
Permitted Uses) is hereby amend-
ed to add the following provisions:
J. Micro -distilleries with or with-
out tasting rooms.
K. Small Breweries with or with-
out Tap Rooms.
Section 14. Section 11-
7-6 of the Zoning Ordinance (B -C
District Conditional Uses) is hereby
amended to add the following pro-
visions:
F. Breweries and small breweries
with or without taprooms.
G. Distilleries and micro -distill-
eries with or without tasting rooms.
Section 15. Section 20-
85-2 of the Zoning Ordinance (1-1
District - Permitted Uses) is hereby
amended to add the following pro-
visions:
H. Breweries and small brewer-
ies.
I. Distilleries and micro -distill-
eries.
Section 16. S e c t i o n
20-85-6 of the Zoning Ordinance
(1-1 District - Conditional Uses) is
hereby amended to add the follow-
ing provisions:
G. Taprooms accessory to a
brewery or small brewery.
H. Tasting rooms accessory to a
distillery or micro -distillery.
Section 17. Section 20-
86-3 of the Zoning Ordinance (1-2
District - Permitted Uses) is hereby
amended to add the following pro-
visions:
J. Breweries and small brewer-
ies.
K. Distilleries and micro -distill-
eries.
Section 18. Section 11-
86-7 of the Zoning Ordinance (1-2
District - Conditional Uses) is here-
by amended to add the following
provisions:
K. Taprooms accessory to a
brewery or small brewery.
L. Tasting rooms accessory to a
distillery or micro -distillery.
Section 19. Section 20-
86-2 of the Zoning Ordinance (1-2
District - Permitted Uses) is hereby
amended to add the following pro-
visions:
H. Breweries and small brewer-
ies.
I. Distilleries and micro-distill-
edes.
Section 20, Section 11-
86-6 of the Zoning Ordinance (1-2
District - Conditional Uses) is here-
by amended to add the following
provisions:
G. Taprooms accessory to a
brewery or small brewery.
H. Tasting rooms accessory to a
distillery or micro -distillery.
Section 21. This ordi-
nance shall be effective immedi-
ately upon its passage and publi-
cation.
MOTION BY: Warehime
SECOND BY: Heidner
ALL IN FAVOR: Stockamp,
Warehime, Heldner, Darkenwald
THOSE OPPOSED: None
ADOPTED by the City Council of
the City of Otsego this 9th day of
November, 2015.
CITY OF OTSEGO
BY: Jessica L. Stockamp, Mayor
ATTEST Tam! Loff, City Clerk
Published in the
Star News
November 21, 2015
476048