HomeMy WebLinkAboutItem 06.jMarch 26, 2015 Item No.________
ORDINANCE AMENDING TITLE 3, CHAPTER 1
OF THE LAKEVILLE CITY CODE
Proposed Action
Staff recommends adoption of the following motion: Move to adopt an ordinance amending
Title 3, Chapter 1 of the Lakeville City Code concerning on-sale wine.
Passage of this motion amends our definition of wine to coincide with State Statute.
Overview
Minnesota Statute contains the following definition:
"Wine" is 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 from other
agricultural products than sound, ripe grapes, imitation wine, compounds sold as wine, vermouth,
cider, perry and sake, in each instance containing not less than one-half of one percent nor more
than 24 percent alcohol by volume for nonindustrial use. Wine does not include distilled spirits as
defined in subdivision 9.
Wine had previously been defined as containing no more than 14% alcohol by volume.
Liquor Manager Brenda Visnovec supports this amendment.
Primary Issues to Consider
Municipalities are allowed to be more restrictive than state law.
Supporting Information
Minnesota Statute 340A.404 related to wine licenses
Charlene Friedges
City Clerk
Financial Impact: $__N/A__________Budgeted: Y/N ____ Source: __________________
Related Documents (CIP, ERP, etc.): ________________________________________
Community Values: Good Value for Public Services ___________________________
Subd. 5.Wine licenses.
(a) A municipality may issue an on-sale wine license with the approval of the
commissioner to a restaurant having facilities for seating at least 25 guests at one time. A
wine license permits the sale of wine of up to 24 percent alcohol by volume for consumption.
A wine license authorizes the sale of wine on all days of the week unless the issuing
authority restricts the license's authorization to the sale of wine on all days except Sundays.
(b) The governing body of a municipality may by ordinance authorize a holder of an on-
sale wine license issued pursuant to paragraph (a) who is also licensed to sell 3.2 percent
malt liquors at on-sale pursuant to section 340A.411, to sell intoxicating malt liquors at on-
sale without an additional license.
ORDINANCE NO. _________
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
AN ORDINANCE AMENDING TITLE 3 OF THE
LAKEVILLE CITY CODE CONCERNING ALCOHOLIC BEVERAGES
THE CITY COUNCIL OF THE CITY OF LAKEVILLE, MINNESOTA ORDAINS:
SECTION 1. Section 3-1-4(F) of the Lakeville City Code is amended to read as follows:
F. "On-Sale Wine License": On-sale wine licenses may be issued for the sale
of wine not exceeding twenty-four percent (214%) alcohol by volume for
consumption on the licensed premises only, in conjunction with the sale of
food. An on-sale wine license may be issued only to a restaurant having
facilities for seating at least twenty five (25) guests at one time. The holder of
an on-sale wine license who is also licensed to sell 3.2 percent malt liquors at
on-sale, and whose gross receipts are at least sixty percent (60%) attributable to
the sale of food, is authorized to sell intoxicating malt liquors at on-sale
without an additional license.
SECTION 2. This ordinance shall be effective immediately upon its passage and
publication.
ADOPTED this _______ day of ________________, 2015 by the City Council of the
City of Lakeville, Minnesota.
CITY OF LAKEVILLE
BY: ______________________________________
Matt Little, Mayor
ATTEST:
_____________________________________
Charlene Friedges, City Clerk
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