Duluth Council Adopts More Alcohol Law Changes

A change to Duluth’s alcoholic beverage ordinance that makes it easier for the city to host beer festivals, wine tastings and other special events where large numbers of employees and volunteers are needed to serve and dispense alcoholic beverages was approved by the city council Monday (March 11).

The change was proposed to streamline the process for obtaining alcohol pouring permits and reduce costs to the city and to participating vendors.

Instead of granting a pouring permit to every volunteer, which at beer festivals and wine tastings could number from 50 to 200 people, the amendment allows vendors to designate pouring managers, who would be responsible for up to 12 volunteers and the alcoholic beverage inventory they use.

The vendors would be required to hold alcoholic beverage licenses. Pouring managers would have to obtain alcohol handling permits from the city, but the volunteers would not have to obtain permits.

The pouring managers and volunteers would all have to be at least 21 years of age.

Vendors also would be required to instruct volunteers on the laws governing pouring alcoholic beverages prior to the event.

Attendees would have to show proof of age before being allowed entry to the event where alcoholic beverages are being served. They would be issued a sampling/tasting container, an admission bracelet and a hand stamp. Pouring managers and volunteers would not be allowed to dispense alcoholic beverages to any attendee without the issued container, bracelet and hand stamp.

This change would allow the city to more easily sponsor and co-sponsor large events where alcoholic beverages are available, City Attorney Stephen Pereira said.

The new requirements would apply to a beer festival planned at the Duluth Festival Center in June and other alcohol-related events.

The city council also adopted an ordinance that would allow customers to bring beer and wine into “art shops” in designated zoning districts. This would be allowed from noon to 8 p.m. Monday through Saturday.

The annual fee for this license would be $250. Art shops were defined as businesses devoted to providing art education in painting, sculpture and similar crafts or to selling and displaying portraits, paintings, sculpture, and similar art works and crafts. The shops could also sell art supplies.

The art shop could not allow any activities that would cause the business to be considered an adult entertainment establishment.

This would be a simpler and less expensive way for art shops to allow customers to “sip and paint” than a previously approved amendment change that allows business in the city to obtain ancillary alcoholic beverage licenses to sell or serve limited amounts of beer and wine to customers.

Duluth City Clerk Teresa Lynn said that Lawrenceville and Snellville had adopted similar art shop ordinances. The $250 fee Duluth plans to charge is comparable, she said, and reflects the city’s actual cost for issuing the licenses.

The council on Monday inserted wording in the previous ancillary alcoholic beverage license ordinance stating that the businesses holding these licenses would not be required to post notices of their intent to sell alcoholic beverages.

In addition, the council amended the alcoholic beverage ordinance to allow businesses licensed to sell alcoholic beverages for on-premises consumption to offer specials at different times of the day. The ordinance had been revised to allow this practice in August 2012, but old wording requiring fixed pricing throughout the day had inadvertently been left in it.

Duluth City Councilwoman Marsha Bomar recused herself from the votes on the amendments to the city's alcoholic beverage ordinance since she has a financial interest in 45 on Main, formerly Chocolate Perks. Bomar sold Chocolate Perks, and the new owners recently changed the name. The cafe/coffee shop has a license to sell beer and wine.

The four other council members voted in favor of the changes.