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DRAFT 5-12-15 Section 2. New Brighton City Code Section 4-96 is amended by deleting the str-iekea material and adding the underlined material as follows: (1) Notwithstanding the provisions of Section 4-95, on -sale intoxicating liquor licensees that are hotels, motels, restaurants, or clubs with facilities for serving not less than fifty guests at one time, or forty guests in the case of brewpubs and brewer taprooms, may serve intoxicating liquors between the hours of 10.00 8:00 a.m. on Sunday and 2:00 a.m. on Monday in conjunction with the serving of food. Malt liquor in growlers only may be sold by brenubs, brewer taprooms and small brewers at off -sale on Sundays between the hours of 8:00_am._on Sunday and 2:00 a.m, ori Monday. (2) No establishment, directly or indirectly, shall sell or serve intoxicating liquors as provided in Section 4-96(1) without having first obtained a special license. The special license may be issued for a period of one year. Application for the special license shall be made to the City in the same manner as for other intoxicating liquor licenses. (Ord. No. 438, 11-28-78; Ord. No. 540, 3-11-86; Ord. No. 555, 12-8-87; Code of 1988; Ord. No. 577, 11-27-90; Ord. 663, 12-21- 99; Code of 2001)(Ord. No. 708, 8-12-03) Section 3. New Brighton City Code Section 4-97 is amended by adding the underlined material as follows: (1) No licensee shall sell, offer for sale, or keep for sale, intoxicating liquors in any original package that has been refilled or partly refilled. However, a brewpub, brewer taproom, or small brewer may, but is not required to, refill any container or bottle with malt liquor for off -sale at tlIC request of the customer. A brewpub brewer taproom, or small brewer refilling a container or bottle must do so at the licensed premises and the container or bottle must be filled at the tan at the time of sale. A container or bottle that is refilled must be sealed and labeled so that it meets the definition of "required packaging" pursuant to this Chapter. (2) No licensee shall directly or through any other person dilute or in any manner tamper with the contents of any original package so as to change its composition of alcoholic content while in the original package. Possession on the licensed premises by any licensee of any intoxicating liquor in the original package differing in composition or alcoholic content from the liquor when received from the manufacturer or wholesaler from whom it was purchased shall be prima facie evidence that the contents of the original package have been diluted, changed, or tampered with. (Code 1966; Ord. No. 312.12-26-72; Ord. No. 438, 11-28-78; Code of 1988; Code of 2001) Section 4. New Brighton City Code Section 4-104 is amended by deleting the st�iekei} material and adding the underlined material as follows: Sec. 4-104. Classifications. The few nine types of licenses authorized by this Division are "on -sale", "on -sale club", "on -sale microdistillery cocktail room "off -sale microdistillery", "on -sale brewer taproom", "off -sale", aAd "off -sale brewpub", "on -sale brewpub", and "off -sale small brewer". The conditions of this Section shall apply to the issuance of these licenses.