CHAPTER 200 LIQUOR 200.01 DEFINITIONS. For purposes of this Chapter, any terms not defined below shall have the meanings given them in Minnesota Statutes Section 340A. The following terms are defined as follows: A. Alcoholic Beverage. Shall mean any beverage containing more than 1/2% alcohol by volume. B. Brewer. A person who manufactures malt liquor for sale. C. Commissioner. Shall mean the Commissioner of Public Safety of the State of Minnesota, except as otherwise provided. D. Club. Shall mean an incorporated organization organized under the laws of the state for civic, fraternal, social or business purpose or for intellectual improvement or for the promotion of sports or congressional chartered veterans organizations, which shall have more than thirty (30) members, and which shall for more than a year have owned or leased a building or space in a building of such extent and character as may be suitable and adequate for members at a meeting held for that purpose, none of whose members, officers, agents, or employees shall receive any profit from the distribution or sale of beverages to the members of the club, or to its guests, beyond a reasonable salary or wages fixed and voted each year by the governing body. E. Distilled Spirits. Shall mean and include ethyl alcohol, hydrated oxide of ethyl, spirits of wine, whiskey, rum, brandy, gin, and other distilled spirits, including all dilutions and mixtures thereof, for nonindustrial use. F. Exclusive Liquor Store. Shall mean an establishment used exclusively for the sale of intoxicating liquors, cigars, cigarettes, all forms of tobacco, non-intoxicating malt beverages and soft drinks at retail, either on-sale or off-sale or both. It shall be under control of an individual owner or manager. It includes a restaurant or establishment selling food for consumption on the premises. G. Growlers. Malt liquor packaged in 64-ounce containers or in 750 milliliter bottles and bears a twist-type closure, cork, stopper, or plug. The growlers are in accordance with Minnesota Statute 340A.285 and as amended. H. Hotel. Means an establishment where food and lodging is regularly furnished to transients, which a dining room serving the general public at tables and having appropriate facilities for seating at least 30 guests at one time, and have guest rooms for lodging of at least 10 rooms. I. Intoxicating Liquor/Liquors. Shall mean and include ethyl alcohol, distilled, fermented, spirituous, vinous, and malt beverages containing in excess of 3.2 percent of alcohol by weight. Chisago City Municipal Code Chapter 200 – Intoxicating Liquors - 1 - J. Malt Liquor. Shall mean any beer, ale, or other beverage made from malt by fermentation and containing not less than one-half of one percent alcohol by volume. K. Manufacturer. Shall men a person who, by a process of manufacture, fermenting, brewing, distilling, refining, rectifying, blending, or by the combination of different materials, prepares or produces intoxicating liquor for sale. L. Microdistillery. Shall mean a distillery operated within the state producing premium, distilled spirits in total quantity not to exceed 40,000 proof gallons in a calendar year. M. 3.2 Percent Malt Liquor. Shall mean malt liquor containing not less than one-half of one percent (1/2%) alcohol by volume or more than 3.2% alcohol by weight. N. Off-Sale. Shall mean the sale of alcohol beverages in original packages for consumption off the licensed premises only. O. On-Sale. Shall mean the sale of alcoholic beverages for consumption on the licensed premises only. P. Package/Original Package. Shall mean and include any container or receptacle holding alcoholic beverages and liquor, which container or receptacle is corked or sealed. Q. Person. Shall include and may extend and be applied to bodies politic and corporations, partnerships, and other unincorporated associations. R. Restaurant. Means an establishment, other than a hotel, under the control of a single proprietor or manager, where meals are regularly prepared on the premises and served at tables to the general public and the principal part of the business of which is serving of foods. Such establishment shall have facilities for seating not less than 30 guests at one time and 51% of all sales will be from food. S. Wine. Shall mean a product made from the normal alcoholic fermentation of grapes, including still wine, sparkling and carbonated wine, wine made from condensed grape, wine made from other agricultural products then sound, ripe grapes, imitation wine, compound sold as wine, vermouth, cider, perry and sake, in each instance containing not less than one-half of one percent nor more than 24% alcohol by volume for non-industrial use. Wine does not include distilled spirits as defined in 200.01, letter E. 200.02 PROVISIONS OF STATE LAW ADOPTED. Except where specifically set forth in this Chapter, the provisions of Minnesota Statutes Chapter 340A relating to licensing, consumption, sales, financial responsibility of licensees, hours of sale, and all other matters pertaining to the retail sale, distribution, and consumption of intoxicating liquor are adopted and made a part of this ordinance as if set out in full. Chisago City Municipal Code Chapter 200 – Intoxicating Liquors - 2 - 200.03 LICENSE REQUIRED. It shall be unlawful or any person, firm or corporation to keep or operate an on-sale or off-sale of intoxicating liquor establishment within the limits of the City without first having obtained a license to do so. 200.04 TYPES OF LICENSES. A. On-Sale Intoxicating Liquor License shall be issued only to hotels, clubs, restaurants, bowling alleys and exclusive liquor stores and shall permit On-Sale of liquor only. B. Off-Sale Intoxicating Liquor License shall permit the licensee to sell intoxicating liquor in original packages for consumption off the premises only and shall be issued only to exclusive liquor stores. C. Temporary On-Sale Intoxicating Liquor License may be issued to (1) a club or charitable, religious, or other nonprofit organization in existence for at least three (3) years, (2) a political committee registered under MN Statute Section 10A.14, or (3) a state university, a temporary license for the on-sale of intoxicating liquor in connection with a social event within the municipality sponsored by the licensee. The license may authorize the on-sale of intoxicating liquor for not more than four (4) consecutive days, and may authorize on-sales on premises other than premises the licensee owns or permanently occupies. The license may provide that the licensee may contract for intoxicating liquor catering services with the holder of a full-year on-sale intoxicating liquor license issued by the city. The licenses are subject to the terms, including a license fee imposed by the city. Licenses issued under this subdivision are subject to all laws and ordinances governing the sale of intoxicating liquor except MN Statute 340A.409 and 340A.504, subdivision 3, paragraph (d), and those laws and ordinances which by their nature are not applicable. D. On-Sale 3.2 Malt Liquor License shall be granted only to restaurants, hotels, bowling centers and clubs. E. Temporary On-Sale 3.2 Malt Liquor License shall be granted only to organizations organized for social purposes, business purposes, for intellectual improvement, or for the promotion of sports where the serving of 3.2 percent malt liquor is incidental to and not the main purpose of the organization, or to charitable, religious, or nonprofit organizations. The license may authorize the on-sale of 3.2 malt liquor for not more than four (4) consecutive days and follow the same terms as Temporary On-Sale Intoxicating Liquor License. F. Off-Sale 3.2 Malt Liquor License shall permit the sale of 3.2 percent malt liquor at retail, in the original package for consumption off the premises only. G. Brewer Tap Room License may be issued only in accordance with Minn. Stat. § 340A.26 as amended. H. Small Brewer Off-Sale License may be issued a license for off-sale of malt liquor at its licensed premises that has been produced and packaged by the brewer. The packaging does include Chisago City Municipal Code Chapter 200 – Intoxicating Liquors - 3 - allowing the sale of Growlers as defined in this chapter. The amount of malt liquor sold at off-sale may not exceed 500 barrels annually. The license must be approved by the commissioner and is subject to the requirements contained in Minn. Stat. § 340A.28, as amended. I. Cocktail Room License. A Cocktail Room license authorizes on-sale of distilled liquor produced by the distiller for consumption on the premises of or adjacent to one distillery location owned by the distiller as allowed in MN Statute 340A22, Subd. 2, as amended. J. Microdistillery Off-Sale License. A Microdistillery 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 and in accordance to MN Statute 340A.22, Subd. 4 as amended. K. Club License. On-Sale Club License shall be granted for the consumption of liquor to bona fide clubs in existence for 15 years or more, and to congressional chartered veteran’s organizations which have been in existence for 10 years, and which are duly incorporated. Such club license shall be On-Sale only and shall permit the sale of intoxicating liquor to members and bona fide guests only. Such club licenses as herein permitted may be granted in addition to other On-Sale liquor licenses. L. On-Sale Wine License. An On-Sale Wine License authorizes the sale of wine of up to 24% alcohol by volume for consumption on the licensed premises only in conjunction with the sale of food.