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City Council Ordinance 626ORDINANCE NO. 626 CITY OF MONTICELLO WRY GIHI`II-' COUNTY, MINNESOTA AM END �NU TRTLE 10 OF T HE M[ONTffCIELLO ZONING CODE FOR THE FOLLOW NG SECTIONS: SECTS ON 5.1(A) — USE TABLE; SECT ON 5.2 — USE - SPECIFIC STANDARDS (F) — REOULATffONS FOR COMMIERC�AL USE; SECTION 5.2 — USE- SPECIFIC STANDARDS (0) — R EOULAT ONS FOR ffNDUSTRI AL USE; 5.3 — ACCESSORY USE STANDARDS AND SECT TON 8.4 - RULES AND DEFINITIONS THE CITY COUNcCIK OF THE CITY OF MONTICELIL0, MIINIVIES'®71A, KER EBY ORDAINS: Section 1. Chapter 5.1(A) Use Standards - Use Table is hereby amended to add the following uses to the districts as shown: Section 2. Chapter 5, Section 2, Use - Specific Standards (F) — Regulations for Commercial Uses is hereby amended as follows: (7) Brew Pubs (a) Brew Pubs shall be permitted in the CCD, B -3 and B -4 Districts provided that: i. The brew pub sells 85% or more of its beer on -site. ii. The beer is brewed primarily for sale in the restaurant and bar, and may be dispensed directly from the brewery's storage tanks. iii. Brewpubs may also sell beerfor off -sale consumption in growler containers provided the conditions in Section 3 -18 -5 are met. CCD B -3 B -4 IBC I -1 I -2 Brew Pub P P P I Production P P Brewery or Micro - Distillery without Taproom Production C C C C C C Brewery or Micro - Distillery with Accessory Taproom Section 2. Chapter 5, Section 2, Use - Specific Standards (F) — Regulations for Commercial Uses is hereby amended as follows: (7) Brew Pubs (a) Brew Pubs shall be permitted in the CCD, B -3 and B -4 Districts provided that: i. The brew pub sells 85% or more of its beer on -site. ii. The beer is brewed primarily for sale in the restaurant and bar, and may be dispensed directly from the brewery's storage tanks. iii. Brewpubs may also sell beerfor off -sale consumption in growler containers provided the conditions in Section 3 -18 -5 are met. Section 3. Chapter 5, Section 2, Use- Specific Standards (F) — Regulations for Commercial Uses is hereby amended as follows: (23) Production Breweries and Micro Distilleries with Accessory Taproom or Cocktail Room (a) Production Breweries and Micro - Distilleries with Accessory Taproom or Cocktail Room shall be allowed by conditional use permit in the CCD, B -3 and B -4 Districts, provided that: i. The owner of the brewery qualifies for and receives a brewer license and a malt liquor wholesale license of wholesale of malt liquor as an intended activity from the State of Minnesota, according to Minn. Statutes Section 340A.301. ii. The Brewery or Micro Distillery includes an accessory brewer's taproom or cocktail room for the on -sale ofproducts produced on- site, and such room shall require the applicable license from the City of Monticello, according to City Code Section 3 -1 -13 iii. On -site sale of beer in the form ofgrowlers shall require a Brewery License for Off-Sale of Malt Liquor, according to City Code Section 3 -1 -13. Off -sale hours of sale must conform to hours of sale for retail off -sale licensees in the City of Monticello. iv. Total production of malt liquor may not exceed 10, 000 barrels annually. Of the 10, 000 barrel production limit, onsite taproom retail sales shall not exceed 3,500 barrels annually, 500 barrels of which may be sold off -sale as growlers. The brewer shall annually submit production reports with the request to renew a brewer taproom or off -sale malt liquor license. V. A micro - distillery may be issued a license for off -sale of distilled spirits. The license may allow the sale of one 375 milliliter bottle per customer per day of product manufactured on -site, subject to the following requirements: • Off -sale hours of sale must conform to hours of sale for retail off -sale licensees in the City of Monticello. No brand may be sold at the micro - distillery unless it is also available for distribution by wholesalers. ORDINANCE NO. 626 vi. Total production of liquor may not exceed 40, 000 proof gallons annually. Of the 40, 000 proof gallon production limit, onsite cocktail retail sales shall not exceed 3,500 proof gallons annually, 500 proofgallons of which may be sold off -sale in 375 milliliter bottles. The distiller shall annually submit production reports with the request to renew a cocktail room or off -sale liquor license. vii. The brewery or micro - distillery facility provides adequate space for off - street loading and unloading of all trucks greater than twenty -two (22) feet in length. In the absence of off - street loading, the City may impose limits on deliveries or shipments using the public right of ways, including regulating the number of trucks per day and the hours that deliveries are permitted. viii. Loading docks shall be located and designed so they are not visible from adjoining public streets or adjoining residential zoning. ix. No outdoor storage is permitted on the site, with the exception that waste handling (refuse and /or recycling) may occur in an enclosure that is fully screened from adjoining streets and residential zoning. X. No odors from the business may be perceptible beyond the property line. xi. The business must be housed in a building that utilizes building design similar to, or compatible with, common commercial architecture, and shall avoid large wall expanses which contribute to an industrial environment. xii. The brewer must demonstrate the capacity for producing, processing and storing malt liquor on the commercial site through the provision of a building floor plan illustrating production, bottling, and storage areas. xiii. All exterior lighting shall be compliant with Chapter 4.4 of the Monticello Zoning Code. Section 4. Chapter 5, Section 2, Use - Specific Standards (G) — Regulations for Industrial Uses is hereby amended to add the following: (10) Production Breweries and Micro Distilleries with Accessory Taproom or Cocktail Doom ORDINANCE NO. 626 (a) Production Breweries and Micro - Distilleries with Accessory Taproom or Cocktail Room shall be allowed by conditional use permit in the IBC, I -1 and I -2 Districts, provided that: The facility is located in an area that includes and /or serves commercial traffic. ii. The facility is not located within 500 feet of a residential zoning district. iii. The owner of the brewery qualifies for and receives a brewer license and a malt liquor wholesale license of wholesale of malt liquor is an intended activity from the State of Minnesota, according to Minn. Statutes Section 340A.301. iv. Total production of malt liquor may not exceed 250,000 barrels annually. (11) Production Breweries and Micro- Distilleries (a) Production Breweries and Micro- Distilleries shall be allowed as a permitted use in the I -1 and I -2 District, provided that: i. The owner of the brewery qualifies for and receives a brewer license and a malt liquor wholesale license of wholesale of malt liquor is an intended activity f om the State of Minnesota, according to Minn. Statutes Section 340A.301. ii. Total production of malt liquor may not exceed 250, 000 barrels annually. SecVon 5. Chapter 5.3 - Accessory Use Standards (C) Table of Permitted Accessory Uses is hereby amended as follows: "Taproom (Retail Sales Accessory to Production Brewery)" shall be added to Table 5 -4- Accessory Uses by District as a conditional use in the CCD, B -3, B -4, IBC, I -1 and I -2 Districts. "Cocktail Room (Retail Sales Accessory to Micro - Distillery)" shall be added to Table 5- 4- Accessory Uses by District as a conditional use in the CCD, B -3, B -4, IBC, I -1 and I -2 Districts. Section 6. Chapter 5.3 - Accessory Use Standards (D) - Additional Specific Standards for Certain Accessory Uses is hereby amended as follows: ORDINANCE NO. 626 (10) Cocktail Roods (a) Cocktail rooms shall be conditionally permitted as accessory uses only to a Micro - Distillery as a principal use and subject to those conditions found in Chapter 5, Section 2 for Micro - Distillery. (31) Taprooms (a) Taprooms shall be conditionally permitted as accessory uses only to Production Brewery as a principal use and subject to those conditions found in Chapter 5, Section 2 for Production Brewery. Section 7. Chapter 8.4 - Rules and Definitions is hereby amended to add the following: BREW PUB: A restaurant - brewery that sells 85% or more of its beer on -site. The beer is brewed primarily for sale in the restaurant and bar, and may be dispensed directly from the brewery's storage tanks. Brewpubs may also sell beer for off - sale consumption in growler containers. COCKTAIL ROOM: A room that is ancillary to the production of liquor at a production distillery where the public can purchase and /or consume only the liquor produced on site. GROWLER: A 64 fluid ounce (1.89 liter) container of beer that is made available for purchase at the brewery where it's produced. Said container is available for off -sale consumption only. MICRO DISTILLERY: A distillery that produces 40,000 proof gallons of liquor or less annually. PRODUCTION BREWERY: A facility that manufactures, processes and warehouses beer for wholesale distribution in off -sale packages to retail liquor establishments and may retail beer product for on -site consumption in a taproom for off -site consumption as growlers. A production brewer may not have an ownership interest in a brewery licensed under Minnesota Statutes Section 43- A.409, Subd. 6, clause (d). TAPROOM: A room that is ancillary to the production of beer at a production brewery where the public can purchase and /or consume only the beer produced on site. WHOLESALER: Any person engaged in the business of selling alcoholic beverages to retail dealers. ORDINANCE NO. 626 WINE: The product made from the normal alcoholic fermentation of grapes, including still wine, sparkling and carbonated wine, wine made from condensed grape must, wine made fiom other agricultural products than sound, ripe grapes, imitation wine, compounds sold as wine, vermouth, cider, sherry and sake, in each instance containing not less than one half of one percent nor more than 24% alcohol by volume for nonindustrial use. Section 8. The City Clerk is hereby directed to make the changes required by this Ordinance as part of the Official Monticello City Code, Title 10, Zoning Ordinance, and to renumber the tables and chapters accordingly as necessary to provide the intended effect of this Ordinance. The City Clerk is further directed to make necessary corrections to any internal citations and diagrams that result from such amendments, provided that such changes retain the purpose and intent of the Zoning Ordinance as has been adopted. Section 9. This Ordinance shall take effect and be in full force from and after its passage and publication. Revisions will be made online after adoption by Council. Copies of the complete Zoning Ordinance are available online and at Monticello City Hall. ADOPTED BY the Monticello City Council this 9th day of November, 2015. CITY OF MONTICELLO B an tumpf, a ATTEST: Jeff O' 'Fill; City Administrator VOTING IN FAVOR: Gabler, Hilgart, Perrault, Posusta, and Stumpf VOTING IN OPPOSITION None