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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