Council adopts tweak to brew‑pub license language, sets $200 fee

A council member moved and the council adopted an ordinance amendment clarifying brew‑pub off‑sale licensing and removing the explicit “3.2” reference from local language, while setting the brew‑pub off‑sale fee at $200.

The change, moved by hburg and seconded by Thelen, was framed as an effort to align the city’s ordinance text with state statute and to avoid confusion about which establishments may sell packaged malt liquor and growlers. After discussion, the council voted by voice and the motion carried.

Council members debated whether to keep the “3.2” wording, which historically refers to low‑alcohol beer, or strike it to allow licensed brewpubs to sell products at whatever alcohol‑by‑volume they manufacture. Paul said the local language mirrors state law and favored keeping the phrasing: "I think because it matches State Statute we should just leave it." Other members warned the current drafting could confuse enforcement or unintentionally constrain a brewery’s off‑sale options.

City staff cited Minnesota statutes governing brew‑pub off‑sale authority and packaging limits, reading aloud portions of the statute that limit total retail sales and off‑sale barrel amounts and describe packaging (for example, Growlers and specific bottle sizes). Council discussion referenced a prior case in Two Harbors and Castle Danger as an example of enforcement risk when production exceeded statutory limits.

The ordinance as adopted removes the standalone “3.2” reference from the local code and sets the application fee for the brew‑pub off‑sale license at $200. The council did not record a roll‑call vote; members indicated assent by voice.

The ordinance language explicitly references state law for off‑sale limitations; staff will update the published ordinance text to reflect the amendment and the city clerk will note the new fee in the licensing schedule.