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AFFIDAVIT OF PUBLICATION
<br />STATE OF MINNESOTA ) ss
<br />COUNTY OF SHERBURNE
<br />Rhonda Herberg being duly sworn on an
<br />oath, states or affirms that he/she is the
<br />Publisher's Designated Agent of the newspa-
<br />per(s) known as:
<br />Star News
<br />with the known office of issue being located
<br />in the county of:
<br />SHERBURNE
<br />with additional circulation in the counties of:
<br />WRIGHT
<br />and has full knowledge of the facts stated
<br />below:
<br />(A) The newspaper has complied with all of
<br />the requirements constituting qualifica-
<br />tion as a qualified newspaper as provided
<br />by Minn. Stat. §331A.02.
<br />(B) This Public Notice was printed and,pub-
<br />lished in said newspaper(s) once each
<br />week, for 1 successive week(s); the first
<br />insertion being on 10/22/2022 and the last
<br />insertion being on 10/22/2022.
<br />MORTGAGE FORECLOSURE NOTICES
<br />Pursuant to Minnesota Stat. - §580.033
<br />relating to the publication of mortgage
<br />foreclosure notices: The newspaper complies
<br />with the conditions described in §580.033,
<br />subd. 1, clause (1) or (2). If the newspaper's
<br />known office of issue is located iti a county
<br />adjoining the. county where the mortgaged
<br />premises or some part of the mortgaged
<br />premises described in the notice are located,
<br />a substantial portion of the newspaper's
<br />circulation is in the latter county
<br />By:
<br />Designated
<br />Subscribed and sworn to or affirmed before
<br />me on 10/22/2022 by Rhonda Herberg.
<br />Notary Public
<br />DARLENE MARIE MACPHERSON
<br />NOTARY PUBLIC - MINNESOTA
<br />My Commission Expim Jan 31, 2024
<br />Rate Information:
<br />(1) Lowest classified rate paid by commercial users
<br />for comparable space: .
<br />$25.25 per column inch
<br />Ad ID 1267400
<br />CITY OF ELK RIVER
<br />ORDINANCE 22 - 24
<br />AN ORDINANCE AMENDING
<br />CHAPTER 6,
<br />ALCOHOLIC BEVERAGES,
<br />OF THE CITY OF ELK RIVER,
<br />MINNESOTA, CITY CODE
<br />The City Council of the City of
<br />Elk River does hereby ordain as
<br />follows:
<br />SECTION 1. That § 6-1, Defini-
<br />tions, of the City of Elk River Code
<br />of Ordinances shall be amended by
<br />replacing the definitions of "Beer"
<br />and "Malt Liquor" with the following
<br />new definitions:
<br />Beer means any beverage meet-
<br />ing the definition of malt liquor.
<br />Malt Liquor means any beverage
<br />made from malt by fermentation, or
<br />by the fermentation of malt substi-
<br />tutes, including rice, grain of any
<br />kind, glucose, sugar, molasses, or
<br />other malt substitute that has not
<br />undergone distillation, and what
<br />contains not less than one-half of
<br />one percent alcohol by volume.
<br />SECTION 2. That §6-52(5),
<br />Temporary Licenses, of the City
<br />of Elk River Code of Ordinances is
<br />amended to replace the following
<br />language:
<br />"License restrictions.
<br />(a) The City may not issue more
<br />than three 4-day, four 3-day, six
<br />2-day or twelve 1-day temporary
<br />licenses in any combination not to
<br />exceed twelve days per year for
<br />the sale of alcoholic beverages to
<br />any one organization or for any one
<br />location, within a 12-month period.
<br />(b) The City may not issue more
<br />than one temporary license for the
<br />sale of alcoholic beverages to any
<br />one organization or for one location
<br />within any 30-day period unless the
<br />licenses are issued in connection
<br />with an event officially designated
<br />a community festival by the City."
<br />With new Subsection 6-52(5)(d),
<br />as follows:
<br />(A A city may not issue more
<br />than three 4 day, four 3 day, six 2
<br />-day, or twelve 1 day temporary li-
<br />censes in any combination not to
<br />exceed twelve days per year for
<br />the sale of alcoholic beverages to
<br />any one organization or registered
<br />political committee, for any one
<br />location, within a 12 month period.
<br />SEOTION 3 That § 6-52(5),
<br />Temporary Licenses, of the City
<br />of Elk River Code of Ordinances is
<br />amended to add new subsection
<br />(a) as follows:
<br />(a) The City may issue one 7 day
<br />temporary license per year to the
<br />Sherburne County Agricultural So-
<br />ciety for alcoholic beverage sales at
<br />the Sherburne County Fair.
<br />SECTION 4. That § 6-52(5),
<br />Temporary Licenses, of the City
<br />of Elk River Code of Ordinances is
<br />amended to denote the last para-
<br />graph thereof as:
<br />(I) Insurance.
<br />SECTION 5. That §6-52(11),
<br />Small Brewer's off -sale malt li-
<br />cense, of the City of Elk River Code
<br />of Ordinances is amended to read:
<br />(11) Small brewer's off -sale malt
<br />license. ,May be granted to brew-
<br />ers, including Brewpubs and Micro -
<br />brewers, licensed under Minnesota
<br />statutes.
<br />(a) Eligibility
<br />1. A brewer that produces 7,500
<br />t
<br />barrels or less of malt liquor an-
<br />nually may be issued a license for
<br />off -sale at its licensed premises of
<br />up to 128 ounces per customer per
<br />day of malt liquor that has been
<br />produced and packaged by the
<br />brewer in accordance with statu-
<br />tory provisions. The license must
<br />be approved by the State of Min-
<br />nesota.
<br />2. Off sale may not exceed 750
<br />barrels annually.
<br />3. Off -sale hours shall be limit-
<br />ed to the hours of operation of the
<br />municipal dispensary (subsection
<br />6-94(d)). The off -sale growlers must
<br />be removed from the premises
<br />before the applicable closing time
<br />of the municipal dispensary, ex-
<br />cept that growlers may be sold at
<br />off -sale on Sundays between the
<br />hours of 8:00 a.m. and 10:00 p.m.,
<br />excluding Christmas Day and after
<br />8:00 p.m. on December 24.
<br />4. A brewer may only have one
<br />license under this subsection.
<br />5. The City may not issue a li-
<br />cense under this section to a brew-
<br />er if the brewer seeking the license,
<br />or any person having an economic
<br />interest in the brewer seeking the
<br />license or exercising control over
<br />the brewer seeking the license,
<br />is a brewer that brews more than
<br />150,000 barrels of its own brands
<br />of malt liquor annually or a winery
<br />that produces more than 250,000
<br />gallons of wine annually.
<br />SECTION 6. That § 6 52(12), of
<br />the City of Elk River Code of Ordi-
<br />nances is stricken.
<br />SECTION 7. That § 6 94, Hours
<br />and days of sales, of the City of
<br />Elk River Code of Ordinances is
<br />amended by adding new subdivi-
<br />sion (f) as follows:
<br />(f) Notwithstanding the restric-
<br />tions on the days and hours for
<br />liquor licensing in the City of Elk
<br />River, the City may issue spe-
<br />cial permits for service of alcohol
<br />through extended hours when au-
<br />thorized by state statute to do so.
<br />The permits may only authorize
<br />extended hours for the sale of al-
<br />coholic beverages as authorized by
<br />the state statute. The fee for an ex-
<br />tended hours pennit shall be $50,
<br />or as authorized by state statute.
<br />SECTION 8. That this ordinance
<br />shall take effect upon adoption and
<br />be published as provided by law.
<br />Passed and adopted by the City
<br />Council of the City of Elk River this
<br />17th day of October, 2022.
<br />John J. Dietz, Mayor
<br />ATTEST:
<br />Tina Allard, City Clerk
<br />Published in the
<br />Star News
<br />October 22, 2022
<br />1267400
<br />
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