Memo-Liquor Amendments
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FAX TRANSMISSION
LMC
1MIpIIIoI~ 0thI
QIi., Jl.:' I 60ng r=JI-
LEAGUE OF MINNESOTA CmES
145 University Avenue West
St. Paul, MN 55103-2044
651-281-1200
Fax: 651-281-1296
T
Fax #:
Fr m:
Subject
Terry Obermaier
952-935-1834
Susan Naughton
Liquor amendments
Date 6/2/03
Pages: I~, including this cover sheet
The League of Minnesota Cities provides this material for general
informatiollal purposes. It is Dot intended to provide legal advice and
should Dot be used as a substitute for competent legal guidance. Consult
our attor:ne for advice concernin s ecific situations.
C mments:
The amendments to the liquor laws are found in two different bills: House File
719 (Regular Session) and House File 5 (Special Session). I sent copies of the
relevant language from both bills. I also sent a copy of the language from Minn.
. Stat. ~ 340A.504 that allows cities to further limit the hours of sale of alcoholic
beverages. There is nothing that I can see in the amendments to the liquor
laws that would take this authority away from cities. I hope this information
helps. Please contact me at 651-281-1232 if you have questions. (I will
contact you when I have an answer to your gambling question.)
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Minnesota Statutes 2002. 340A.504
the question at a general or special election. A county may
issue a Sunday intoxicating liquor license in a town only if
authorized to do so by the voters of the town as provided in
paragraph (e). A county may issue a sunday intoxicating liquor
license in unorganized territory only if authorized to do so by
the voters of the election precinct that contains che licensed
premises, voting on the quescion at a general or special
election.
(e) An election conducted in a town on the question of the
issuance by the county of Sunday sales licenses to
establishments located in the town must be held on the day of
the ann~al election of town officers.
(f) Voter approval is not required for licenses issued by
che metropolitan airports commission or common carrier licenses
issued by the commissioner. Common carriers serving
intoxicating liquor on Sunday must obtain a Sunday license from
the commissioner at an annual fee of S50, plus $20 for each
duplicate.
subd. 4. xneoxicaeing liquor; off-sale. NO sale of
intoxicating liquor may be made by an off-sale licensee:
(1) on Sundays;
(2) before 8:00 a.m_ on Monday through Sa~urday;
(3) after 10:00 p.m. on Monday through Saturday at an
establishment located in a city other than a city of the first
class or within a city located within 15 miles of a city of the
firse class in the same county;
(4) after 8:00 p.m. on Monday through Thursday and afcer
10:00 p.m. on Friday and Saturday at an establishment locaeed in
a city of the first class or within a city located within IS
miles of a city of the first class in the same county, provided
that an establishment may sell intoxicating liquor uneil 10:00
p.m. on December 31 and July 3, and on the day preceding.
Thanksgiving day, unless otherwise prohibited under clause (1);
(5) on Thanksgiving Day;
(6) on Christmas Day, December 25; or
(7) after 8:00 p.m. on Christmas Eve, December 24.
Subd. 5. Bottle c1ubs. No establishmenc licensed
under section 340A:~14, may permit a person to eonsume or
display incoxicating liquor, and no person may consume or
display intoxicating liquor between 1:00 a.m. and 12:00 noon on
Sundays, and between 1:00 a.m. and 8;00 a.m. on Monday through
Saturday.
Subd. 6- Municipalities may limi~ hou~s. A
municipality may further limit the hours of sale of alcoholic
beverages, provided that further restricted hours must apply
equally to sales of 3.2 percent malt liquor and incoxicating
liquor. A city may not permit the sale of alcoholic beverages
during hours when the sale is prohibited by chis section.
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House File 5
2003 Special session
Sec. 57. Minnesota statutes 2002, seceion 340A.403, is
69.7 amended by adding a subdivision to read:
69.8 Subd. 4. [NOTICE TO COMMISSIONER.] Within ten days of the
69.9 issuance of a license under this section, a municipality shall
69.10 inform the commissioner, on a form the commissioner prescribes,
69.11 of the licensee's name and address and trade name, the
effective
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liquor
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date and e~~iration date of the license, and any other
information on the license the commissioner requires.
tEFFECT~VE DATE.] This section is effective July 1, 2003.
Sec. 58. Minnesota Statutes 2002, section 340A.414, is
amended by adding a subdivision to read:
Subd. la. [ADDITIONAL AUTHORIZATION.] A holder of a
consumPtion and display permit under this section who wishes to
allow the consumpcion and display of intoxicating liquor
the hours of 1:00 a.m. and 2:00 a.m. must obtain authorization
to do so from ~he commissioner. The authorization may be
provided io a document issued to the permit holder by the
commissioner, or by a notation on the permit holder's permit.
Authorizations are valid for one year from ehe date of
issuance. The annual fee for obtaining authorization is $200.
The commissioner shall deposit all fees received under this
subdivision in the alcohol enforcement account in the special
revenue fund. A person who holds a consumption and displa~
permit and who also holds a license to sell alcoholic beverages
~jl-sale at the same location is not required to obtain an
authorization under this subdivision.
[ErrECT~VE DATE.] This section is effective July 1, 2003.
Sec. 59. Minnesota Statutes 2002, section 340A.504, is
amended by adding a subdivision to read:
Subd. 7. [SALES AFTER 1:00 A.M.; PERMIT FEE.] (a) No
licensee may sell intoxicating liquor or 3.2 percent malt
on-sale between the hours of 1:00 a.m. and 2:00 a.m. unless the
licensee has obtained a permit from the commissioner.
APplication for the permit must be on a form the commissioner
prescribes. Permits are effective for one year from date of
issuance. For retailers of intoxicating liquor, che fee for
~~T.it is based on the licensee's gross receipts from on-sales
of alcoholic beverages in the 12 months prior to the mon~h in
w~ich the permit is issued, and is at the following rates:
(1) up to $100,000 in gross receipts, $200;
(2) over S100,000 but not over 5500,000 in groBs receipts,
$500; and
(3) over $500,000 in gross receipts, $600.
For a licensed retailer of intoxicating liquor who did not sell
intoxicatin~ liquor at on-sale for a full 12 months prior to
month in which the permit is issued, che fee is $200. For a
retailer of 3~2 percent malt liquor, the fee is 5200.
(b) The commissioner shall deposit all permit fees received
JUN-12I2-2003 16:02
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70.18 under this subdivision in the alcohol enforcement account in
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70.19 special revenue fund.
70.20 (c) Notwithstanding any law to the contrary, the
70.21 commissioner of revenue may furnish to the commissioner the
70.22 information necessary to administer and enforce this
subdivision.
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JUN-02-21211213 16:02
. H.F No. 719, 3rd Engrossment
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....I.tatuN Home I Search I H I, I Link. to th W rid
Minnesota
House of Representatives
KEY: &tr]~KQR 5 old language to be removed
underscored = new language to De added
NOTE: If you cannot see any difference in the key above, you need to ~bange the displav.ofstricken
and/or underscored language.
,A).lthors and Status · LiS1.yersions
R.F No. 719, 3rd Engrossment: 83rd Legislative Session (2003-2004) Posted on May 20.2003
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A bill for an ac~
rela~ing to liquor; allowing brewpubs eo make
off-sales of the brewpub's own product under certain
circumstances; modifying a posting requirement;
modifying licensing provisions; expanding sale hours;
modifying sampling provisions; authorizing certain
local on-sale licenses: amending Minnesota Statutes
2002, sections 340A.101, by adding a subdivision;
340A.301, subdivisions 6, 7: 340A.308; 340A.31S,
subdivision 3; 340A.404, subdivisions 1, 2; 340A.411,
subdivision 1; 340A.413, subdivision 4; 340A.504,
subdivisions 1, 2, 3; 340A.$10, subdivisions 1. 2;
340A.5].1.
BE IT ENACTED BY THE LEGISLATURE OF TRE STATE OF MINNESOTA:
Section 1. Minnesota Statu~es 2002, section 340A.101, is
amended by adding a subdivision to read:
Subd. 27a. (THEATER.] "Thea~er" means a l:luilding
containing an auditorium in which live dramatic, musical, dance,
~ljterary performances are reqularl~ preaen~ed to holders of
~ets for tho~e performances.
sec. 2. Minnesota Statutes 2002, section 340A.301,
subdivision 6, is amended to read:
Subd. 6. [FEES.] The annual fees for licenses under this
section are as follows:
(a) Manufacturers (except as provided
in clauses (b) and (c))
Duplicates
(l:l) Manufacturers of wines of no~ more
~han 25 percent alcohol by volume
(c) Brewers ocher ehan those described
in clauses (d) and (i)
(d) Brewers who also hold one or more
retail on-sale licenses and who
manufacture fewer ehan 3,500 barrels
of malt liquor in a year, ae anyone
licensed premises, using only wort proQuced
in.Minnesota, the entire
production of which is solely
for consumption on ~ap on ~he
licensed premises or for off-sale
from that licensed premises.
A brewer licensed
$15,000
$ 3,000
$
500
$ 2,500
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under this clause must obtain a separate
license for each licensed premises where
the brewer brews malt liquor. A brewer
licensed under ehis clause may not be
licensed as an importer under this chapter $ 500
(e) Wholesalers (except as provided in
c::lauses (f), (9), and (h))
Duplicates
(f) Wholesalers of wines of noe more
than 25 percent alcohol by volume
(g) Wholesalers of intoxicating
mal t liquor
Duplicates
(h) wholesalers of 3.2 percent
mal t liquor
(i) Brewers who manufacture fewer than
2,000 barrels of male liquor in a year $ 150
If a business licensed under ehis section is destroyed, or
damaged to the extent that it cannot be carried on, or if it
ceases because of the death or illness of the licensee, the
commissioner may refund the license fee for ehe balance of the
license period to the licensee or to the licensee's estate.
Sec. 3. Minnesoea Statutes 2002, section 340A.301,
subdivision 7, is amended eo read:
Subd. 7. [INTEREST IN OTHER BUSINESS.] (a) Except as
provided in this subdivision, a holder of a license as a
manufacturer, brewer, importer, or wholesaler may not have any
ownership, in whole or in part, in a business holding a retail
intoxicatins liquor or 3.2 percent malt liquor license. The
commissioner may not issue a license under this section to a
manufacturer, brewer, importer, or wholesaler if a retailer of
intoxicating liquor has a direct or indirect interest in the
manufacturer, brewer, importer, or wholesaler. A manufacturer
or wholesaler of intoxicaeing liquor may use or have property
rented for retail intoxicating liquor sales only if the
manufacturer or wholesaler has owned the property continuously
since November 1, 1933. A retailer of intoxicating liquor may
not use or have property rented for the manufacture or
wholesaling of ineoxicating liquor.
(b) A brewer licensed under subdivision 6, clause (d), may
be lssued an on-sale intoxicating liquor or 3.2 percent:. malt
liquor license by a municipality for a restaurant operated in
the place of manufacture. w:ill t Ii ~',;;,r bT9.....cl b~' 1:"1t;:'1-, ., 1 i "'9J;H"~~
-2:" JXl~~ P1l T~"""g"l!"'ea fE'em tAQ liCOJU~9~ FiO-': S~~ ...-, ~t"".... t~~ -,,] t
li~~~~ i; ~Rt$re~ iR ~ t~-~iR9 Q~~9&i~i9R '~9.Q R~R9 ~; ~RQ
~""t 1iq"~l" &:8 rgm....lI.l ii:' &;;,;;,}<;;I Notwithstanding section 340A.40S,
a brewer who holds an ondsale l~~~pse issued pursuant to this
paragraph ma~.~_~ith the approval of ehe commissioner, be issu~d
a license by a munici~ality for off-sale of malt liquor produced
~!l4.. p.~~kaqed on the licensed premises.. Off-sale of mal_1;:...,..~.;'En!9r
p..h.~l be limited to the legal hours for off-sale._~S:.._e.~.c;::l:u~iY.~
liquor stores ~p'_,~he iurisdiction in which the brewer is
located, and the male ~~gY.or sold off-sale must be removed from
~_l:!~,_ premises before the applicable off -sale closin9-, tim~...~!:.
exclusive liS@..C?!. stores. The malt liquor shall be packaged in
54-ounce containers co~:monly known as "qrowlers." The
~on~ainers shall bear a twist typ closure, cork, stopper, or
plug~__~~_..r:J:le ~ime of the sale, a paper or plastic adhesive
band, strip, or sleeve shall be a"Q:Rlied to_..~Jl.~...s:.9.n~ainer and
extend over the top of the ewist. t':(:Pe closure.__s_C?;:k!._,.~.1;;9'p.:Q..~__QE
$15,000
$ 3,000
$ 2,000
$
$
600
25
$
10
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~ forminq a seal that must be broken upon opening of the
container. The adhesive band, strip, or sleeve shall bear the
name and address of the brewer. The con~ainers shall be
identified as malt liquor, contain the name of the malt liquor,
bear the name and address of the brewer sellinq the malt liquo~.
and sha~l be considered in~oxica~ing liquor unless ~he alcoholic
content is labeled as otherwise in accordance with the
provisions of Minnesota Rules, part 7515.1100. A brewer's total
retail sales at on- or off-sale under this paraqraph may no~
~eed 3,500 barrels per year, provided tha~ off-sales may not
total more than 50 percent of the brewer's production or 500
barrels. whichever is less. A brewer licensed under subdivision
6, clause (d), may hold or have an interest in other retail
on.sale licenses, but may not have an ownership interest in
whole or in part, or be an officer, director, agen~, or employee
of, any o~her manufacturer, brewer, importer, or wholesaler, or
be an affiliate thereof whether the affiliation is corporate or
by management, direction, or conerol. Notwithstanding this
prohibition, a brewer licensed under subdivision S, clause (d),
may be an affiliate or subsidiary company of a brewer licensed
in Minneso~a or elsewhere if that brewer's only manufacture of
malt liquor is:
(i) manufacture licensed under subdivision 6. clause (d);
(ii) manufacture in another state for consumption
exclusively in a restaurant located in the place of manufacture;
or
(iii) manufacture in another state for consumption
primarily in a restaurant loca~ed in or immedia~ely adjacent to
the place of manufacture if the brewer was licensed under
subdivision 6, clause (d), on January 1, 1995.
(c) Except as provided in subdivision 7a, no brewer as
defined in subdivision 7a or importer may have any interest, in
whole or in part, directly or indirectly, in the license,
business, assets. or corporate stock of a licensed malt liquor
wholesaler.
Sec. 4. Minnesota Statutes 2002, section 340A.308. is
amended to read;
340A.308 [PROHIBITSD TRANSACTIONS.)
(a) Excepc as otherwise provided in section 340A.301, no
brewer or malt liquor wholesaler may directly or indirectly, or
through an affiliate or subsidiary company, or through an
off icer. . director, stockholder, or part;ner:
(1) give. or lend money, credit, or other ~hing of value to
a retailer;
(2) give, lend, lease, or sell furnishing or equipment to a
retailer;
(3) have an interest; in a retail license; or
(4) be bound for the repayment; of a loan to a retailer.
(b) No retailer may solicit any equipment, fixture,
supplies, money, or other thing of value from a brewer or mal~
liquor wholesaler if furnishing of these items by the brewer or
wholesaler is prohibited by law and ~he re~ailer knew or had
reason to know that the furnishing is prohibited by law.
(c) This section does not prohibit a manufacturer or
wholesaler from:
(1) furnishing. lending, or renting to a retailer outside
signs, of a cost of up to $400 excluding installation and repair
costs;
(2) furnishing, lending, or renting to a retailer inside
signs and other promotional material, of a cost of up to $300 in
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a year;
(3) furnishing to or maintaining for a retailer equipment
for dispensing male liquor, including tap trailers, cold plates
and other dispensing equipment, of a cost of up to $100 per tap
in a year~
(4) using or renting property owned continually since
November 1, 1933, for the purpose of selling intoxicating or 3.2
percent malt liquor at retail;
(5) extending customary commercial credit to a retailer in
connection wich a sale of nonalcoholic beverages only, or
engaging in cooperative advertising agreements with a retailer
in connection with the sale of nonalcoholic beverages only; or
(6) in the case of a wholesaler, with the prior written
consent of the commissioner, selling beer on consignment to a
holder of a temporary license under section 340A.403,
subdivision 2, or 340A.404, subdivision 10.
Sec. 5. Minnesota scacutes 2002, section 340A.316,
subdivision 3, is amended to read:
Subd. 3. [POSTING; NOTICE.] Verified lists or statements
required by subdivision 2 shall be posted by the commissioner in
offices of the department in places available for public
inspection not later than the ~ Monday following receipt.
Documents posted shall constitute notice to every distiller,
manufacturer, or wholesaler of the information posted. Actual
notice, however received, also constitutes notice.
Sec. 6. Minnesota Statutes 2002, section 340A.404,
subdivision 1, is amended to read:
Subdivision 1. [CITIES.] ~_ A city may issue an on-sale
intoxicating liquor license to the following establishments
located within its jurisdiction:
(1) hotels;
(2) restaurants;
(3) bowling centers;
(4) clubs or congressionally chartered veterans
organizations with che approval of the commissioner, provided
that the organization has been in existence for at least three
years and liquor sales will only be to members and bona fide
guests;
(5) sports facilities located on land owned by the
_mecropo1itan sports commissioni and
(6) exclusive liquor stores.
(b) A city may jssue an on-sale intoxicatinq liquor
license, an on-sale wi~~ li~ense, or an on-sale malt liquor
license to a theater within thEll_c:j,~y.J'._'p..Q~withstandinq any law,
local ordina~~e, or charter provision. A license issued under
this paragraph authori2e~ sales on all days of the week to
per~ons a;5_~~~inq events at the theater.
sec. 7. Minnesota Statutes 2002, section 340A.404,
subdivision 2, is amended to read:
Subd. 2. [SPECIAL PROVISION; CITY OF MINNEAPOLIS.] (a) The
city of Minneapolis may issue an on-sale intoxicating liquor
license to the Guthrie Theater, the Cricket Theatre. che Orpheum
Theatre, ~ the State Theatre. and the Historic pantages
Theatre, notwithstanding the limitations of law, or local
ordinance, or charter provision relating to zoning or school or
church discances. The licenses authorize sales on all days of
the week to holders of tickets for performances presented by the
theaters and to members of the nonprofit corpora~ions holding
the licenses and to their guests.
(b) The city of Minneapolis may issue an intoxicating
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liquor lie nee to 510 Groveland Associates, a Minnesota
cooperative, for use by a reseaurant on the premises owned by
510 Groveland Associaees, notwithstanding limitations of law, or
local ordinance, or charter provision.
(c) The city of Minneapolis may issue an on-sale
intoxicating liquor license co Zuhrah Shrine Temple for use on
the premises owned by Zuhrah shrine Temple at 2540 ParK Avenue
South in Minneapolis, and to the American Swedish Institute for
~~~on the premises owned by ehe American Swedish Institute at
2600 Park Av~nue South, notwithstanding limitations of law, or
local ordinances. or charter provision relating to zoning or
school or church discances.
(d) The ciey of Minneapolis may issue an on-sale
intoxicating liquor license ~o the American Associaeion of
University Women, Minneapolis branch, for use on the premises
owned by ehe American Association of university Women,
Minneapolis branch, at 2115 Stevens Avenue Soueh in Minneapolis,
noewithstanding limitations of law, or local ordinances, or
charter provisions relating to zoning or school or church
distances.
(e) The city of Minneapolis may issue an on-sale wine
license ana an on-sale 3.2 percent malt liquor license eo a
restaurant located at 5000 Penn Avenue Sou~h, and an on-sale
wine license and an on-sale malt liquor license to a restaurant
located at 1931 Nicollee Avenue South, noewichseanding any law
or local ordinance or chareer provision.
(f) The city of Minneapolis may issue an on-sale wine
license and an on-sale malt liquor license to the Brave New
Workshop Theatre located ae 3001 Hennepin Avenue South, the
Theatre de la Jeune Lune, the Illusion Theatre located at $28
Hennepin Avenue South, the Hollywood Theatre located at 2815
Johnson Street Northeast, the Loring Playhouse located ac 1633
Hennepin Avenue South. ~ the Jungle Theater located at 2951
byndale Avenue South, Brave New Institute located at 2605
Hennepin Avenue soueh, the Guthrie Lab located at 700 North
First Street, and the SO\lthern Theatre located .,at 1420
w~~hinqton Avenue South, notwithstanding any law or local
ordinance or charter provision. The license authorizes sales on
all days of the week.
(9) . The city of Minneapolis may issue an on-sale
intoxicating liquor license to University Gaeeway Corporation, a
Minnesota nonprofit corporation. for use by a restaurant or
catering operator at the building owned and operated by the
University Gateway Corporation on the University of Minnesota
campus, notwithstanding limitaeions of law, or local ordinance
or charter provision. The license authorizes sales on all days
of the week.
Sec. 8. Minnesoea Statutes 2002, section 340A.411,
subdivision 1, is amended to read:
Subdivision 1- (ON-SALE LICENSES.) On-sale 3.2 percent
malt liquor licenses may only be issued to drugstores,
restaurancs, hotels, clubs, bowling centers, qolf courses, and
establishments used exclusively for the sale of 3.2 percent malt
liquor with the incidental sale of eobacco and soft drinks.
Sec. 9. Minnesota Seatutes 2002, section 340A.413,
subdivision 4. is amended to read:
Subd. 4. [EXCLUSIONS FROM LICENSE LIMITS.) On-sale
ineoxicating liquor licenses may be issued eo che following
eneities by a city, in addition to the number authorized by this
section:
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(1) clubs, or congressionally chartered veterans
organizations:
(2) restaurancs l'ii'~iilt9~ ilti ii I'a~~tnldi liQ;l'lii'~:;i 'UH~~
QAaFt:~r :1a~;
(3) establishments that are issued licenses to sell wine
under section 340A.404, subdivision 5; ~
(4) theaters that are issued licenses under section
340A.404. &~k~ivisj~~ ~L
(5) hoeels; and
(6) bowling centers.
Sec. 10. Minnesota Statutes 2002, section 340A.504,
subdivision 1. is amended to read:
subdivision 1. [3.2 PERCENT MALT LIQUOR.] No sale of 3.2
percene malt liquor may be made beeween ~ ~ a.m. and 8:00
a.m. on the days of Monday through Saturday, nor between ~
2:00 a.m. and 12:00 noon on sunday, provided that an
establishment located on land owned by the metropolitan sports
commission, or the sports arena for which one or more licenses
have been issued under section 340A.404, subdivision 2.
paragraph (c), may sell 3.2 percene malt liquor between 10:00
a.m. and 12:00 noon on a sunday on which a sports or other evene
is scheduled to begin ac that locacion on or before 1:00 p.m. of
that day.
Sec. 11. Minnesota Statuces 2002, seccion 340A.S04,
subdivision 2, is amended to read:
Subd. 2. [INTOXICATING LIQUOR: ON-SALE.] No sale of
intoxicating liquor for consumption on the licensed premises may
, be made:
(1) between ~ ~:OO a.m. and 8;00 a.m. on the days of
Monday ehrough Saturday;
(2) afcer ~ ~ a.m. on sundays, except as provided by
subdivision 3.
Sec. 12. Minnesota Statutes 2002, section 340A.504.
subdivision 3, is amended to read;
Subd. 3. [INTOXICATING LIQUOR; SUNDA~ SALES; ON-SALE.] (a)
A restaurant, club, bowling center, or hotel with a seating
capacity for at lease 30 persons and which holds an on-sale
intoxicating liquor license may sell intoxicating liquor for
consumpeion on the premises in conjunction with the sale of food
between the hours of 12:00 noon on Sundays and ~ 2:0~ a.m. on
Mondays.
(b) The governing body of amunicipaliey may after one
public hearing by ordinance permit a restaurant, hotel. bowling
center, or club to sell alcoholic beverages for consumption on
the premises in conjunction with the sale of food becween the
hours of 10:00 a.m. on Sundays and ~ ~~ a.m. on Mondays,
provided that the licensee is in conformance with the Minnesota
Clean Air Act.
(c) An establishment serving intoxicating liquor on sundays
mus'C obtain a Sunday license. The license must be issued by the
governing body of the municipality for a period of one year, and
the fee for the license may not exceed $200.
(d) A city may issue a Sunday intoxicating liquor license
only it authorized to do so by the voters of the city voting on
the question at a general or special election. A county may
issue a sunday intoxicating liquor license in a town only if
authorized to do so by the voters of the town as provided in
paragraph (e). A county may issue a Sunday intoxicating liquor
license in unorganized territory only if authorized co do so by
the voters of the election precinct tha~ contains che licensed
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premises, voting on the question at a general or special
election.
(e) An election conducted in a town on the question of the
issuance by the county of sunday sales licenses to
establishmencs located in the town muse. be held on the day of
the annual election of town otficers.
(f) Voter approval is not required for licenses issued by
the metropolitan airports commission or common carrier licenses
issued by the commissioner. common carriers serving
intoxicating liquor on Sunday must obtain a Sunday license from
the commissioner at an annual fee of $50, plus $20 for each
duplicat;e.
Sec. 13. Minnesota Statutes 2002. seceion 340A.510,
subdivision 1, is amended to read:
Subdivision 1. [SAMPLES FOR OTHER THAN MALT LIQUOR
AUTHORIZED.] On- or off-sale li~~-r9~ reeail licensees and
municipal liquor stores may provide, or permit a licensed
manuf~.gj:urer or a wholesaler or it~. ac:rents to provide on, the
premises of the retai~ licensee or municipal liquor store,
samples of mal. li~9r, wine, liqueurs, cordials, and distilled
spiries which the retail licensee or municipal liquor s~ore
currently has in stock and is offering for sale to the general
public without obtaining an additional license, provided the
wine, liqueur, cordial, and diseilled spirits samples are
dispensed at no charge and consumed on the licensed premises
during the permicted hours of ~ff ~,'a sale in ,a quantity less
than H'<' -nln~\"n'liii ~f -jIlt H';f'lielt per "iilrhl;TF~r Elli&~eAleF. 50
milliliters of wine per variety per customer, 25 milliliters of
liqueur or cordial, and 15 milliliters of diseilled spirits per
varieey per customer.
Sec. 14. Minnesota Statutes 2002, section 340A.510,
subdivision 2, is amended to read:
subd. 2. [MALT LIQUOR Fn""~T"'==ro. i'?R iJ1M1?T .,...." SAMPLES
AUTgORIZED.] (a) Notwithstanding section 340A. 30B, t'hl:l nlliiip..t
QR1r ':~ G:~-r' ~-3 a,u:R.~r':-~Q 'l~~"l1l: &\l];Qi'.ili7i~1:I 1, a brewer may
purchase ;.;om or furnish at no cost to a~ ~if gal? a licensed
retailer malt liquor the brewer manufactures if:
(1) the malt liquor is dispensed by the retailer only for
~aS;iR9&1 2'lt};]Qriaea \ilRg9r ....?Qj,..iliiiieR 1 samples in a quantity of
less than ~90 milliliters.pf malt liquor per vari~5.Y~
customer;
(2) where the brewer furnishes the malt liquor, the
retailer makes available for return to the brewer any unused
malt liquor and empty containers;
(3) the samples are dispensed by an employee of the
retailer or brewer or by a sampling service retained by the
retailer or brewer and not affiliated directly or indirectly
with a malt liquor wholesaler;
(4) ,;lo._ gre"'9r ftlrRiliiilo.~~ not more than three cases of malt
liquor are pur~hased from or furn~~hed to the retailer ~~
brewer for each sampling;
(5) each sampling continues for not more ehan eight hours;
(6) the brewer has furnished malt liquor for not more than
five samplings for any retailer in any calendar year;
(7) where the brewer ..furnishes the malt li~o;:.L. the brewer
delivers ehe malt liquor for ehe sampling to its exclusive
wholesaler for that malt liquor;
.(8) the brewer has at; least seven days before the sampling
filed with the commissioner, on a form the commissioner
prescribes, wrie~en notice of intent ~o furnish malt liquor tor
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che sampling, which contains (i) the name and address of the
retailer conducting ~he sampling, (ii) the maximum amount of
malt liquor b~l~g to be furnished or ~u~ch~ by the brewer,
(ii.i) ehe number of times che brewer has furnished malt liquor
to the retailer in ehe calendar year in which the notice is
filed, (iv) the date and time of the sampling, (v) where the
brewer furnishes e:t:?_~~..malt liquor, the exclusive wholesaler to
whom the brewer will deliver the male liquor, and (vi) a
scatemenc by ~he brewer to the effect that to the brewer's
knowledge all requirements of this seccion have been or will be
complied wich; and
(9) the commissioner has not notified the brewer filing the
notice under clause (8) thae ehe commissioner disapproves the
notice.
(b) For purposes of t.his SUbdivision, "licensed re~ailer"
means a licensed on-sale or off.sale retailer of alcoholic
beverages and a municipal liquor store ~h~t s91's it Qff ~?'9.
. Sec. 15. Minnesoea Statutes 2002, section 340A.S11, is
amended to read:
340A.511 [CERTAIN SIZES MAY BE SOLD.]
~ An off-sale reeailer of intoxicating liquor may sell
distilled spirits in bottles of 50 milliliters.
eb) An on-sale in~oxicatinq liquor licensee whose licensed
premises includes a golf course or who is a common carrier may
dispen~distilled spirits from 50-milliliter boetles.
Sec. 16. [CITY OF BLAINE; ON-SALE LICENSES.]
The city of Blaine may !~~~t? on-sale intoxicatinq liquor
licen~es in addition to the number auehorized :by law. ._~~~
provisions of Mi~Fesota Statutes, chapter 340A, not inconsistent
~:Lt:1L this section, a'Oply ~o ~he licen~. aut.ho~.BY t:hi..!!.
section.
Sec. 17. [CITY OF DULUTH; ON-SALE LICENSE.]
!he city of Duluth may issue one on-sale intoxicaeinq
liquor license in addition to the number authorized by law for
the St. Louis county H~ritaqe and Arts Center, commonly known as
che Duluth Depot. All provisions of ~;n~eso~a S~a~u~e~ cha'O~er
340A, not inconsiseent with this section, apply to the license
~uthorized by this seccion.
Sec. 18. [CITY OF HASTINGS; ON-SALE LICENSES.]
The city of Has~inqs may issue three on-sale intoxicating
liquor licenses ip addition to the number authorized by law.
~ll 'Orovisions of Minne6~~~~~~tu~es, chapter 340A, not
inconsiscent w}.~h this section, apply to the licenses authorized
by this section.
Sec. 19. [CITY OF MAPLE GROVE; ON-SALE LICENSES.)
The ciey of Ma~~e Grove may issue 12 on-sale intoxicaeing
l:.~or licenses in additi2.n...~Q_ the number authorized bylaw.
All provisio~s of Minnesota Statutes, chapter 340A, not .
inconsistent with ~h~s section, apply to the licenses authorized
under this section.
Sec~ 20. [CITY OF ST. JOSEPH; ON-SALE LICENSES.)
.The ciey of ..?t. Joseph may issue three on-sale ineoxicacing
liquor licenses i~_}~ddition to the number authorized by law.
All provisions of Minne~gta S~atutes, chapter 340A, not
incQn~~~;ent with this section, applY to the licenses authorizeq
by this section.
Sec. 21. [CITY OF ST. MICHAEL; ON.SALE LICENSES.]
The ~icv of St. Michael may issue five on-sale liquor
licenses in add~EAQP to the number authorized by law. All
provisions of Minn~_~9.;~ Statutes, ch~~r _.2.!OA-f...Ef.!; ,..An.~s~_~~.s.~~n~
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with this section~.apply to the licenses authorized under this
~~.9tion .
Sec. 22. [CITY OF SARTELL; ON-SAL~ LICENSES.)
The city ~~ Sartell may issue five on-sale intoxicatin~
liquor licenses in addition to the number authorized by law.
All provisions of Minnesota Statutes, chapter 340A, no~
inconsistent with this section, apply to the licenses authorized
by this section. .
Sec. 23. [CITY OF STILLWATER; ON-SALE LICENSES.)
The city of stillwater may issue two on-sale intoxicatinq
liQuor licenses in addition to the number authorized by law.
All provisions of Minnesota Statutes, chapter 340A, not
inconsistent with this section, apply to the licenses authorized
under this sectio~
Sec. 24. [CITY OF THIEF RIVER FALLS; ON-SALE LICENSE.}
The cjtv of Thief River Falls may issue one on-sa1~
intoxicatins..)iauor license in addition to the number authorized
by law. All provisions of Minnesota Statutes, chapter 340A, not
inc9nsistent with this sec~~on a~plY ~o the licenses authorized
by this section.
Sec. 25. [CITY OF WACONIA; ON-SALE LICENSES.]
The city of Waconia may is~ue three on-sale intoxicatinq
liquor licens~s in addition to the number authorized by law.
All provisions of M~nnesota Statutes, chapter 340A, not
inconsistent with this section, apply to the *iceJl_~~,~,.31uthorized
under this section~
Sec. 26. [CITY OF WOODBURY; ON-SALE LICENSES.]
The city of Woodbury may issue 12 on-sale intoxicatinq
liquor licenses in addition to the number authorized by law..
All provisions of Min~~sota Statutes, chapter 340A, not
A~onsistent with this sec;~.?.E..I...,.~2Rly to the licenses authorized
by this section.
Sec. 27. [MINNESOTA CENtENNIAL SHOWBOAT.)
The city of S~. Paul may issue an on-sale intoxicating
liquor license for ~he Minnesota Centennial Showboat, moored at
110 Yacht Club Road. Harriet Island, notwithstandinq any law,
local ordin~~ce, or charter provision. The license must b~
issued to a holder.of a river tour boat license under Minnesota
S~atu~es, section 340A.404r~ubdivision 8. The license
authorizes sa~es on all days of the week.
Sec. 28. [ELKO SPEEDWAY; ON-SALE LICENSE.]
Notwithstanding Minneso~a Statutes, section 340A.404,
subd~yjsion 1, the city of Elko may issue an ~~~!~
intoxicating~.liauor license to the Elko Speedway in addition to
the number authorized.p'~ law. The license may authorize sales
only-~_persons attending racing events at the speedway. All
provisions of Minneeota Statutes, chapter 340A, not inconsistent
~~th this provision, appl~ S_~ the license authorized under this
section. The l!cense may be issued for a space that is not
compact and conti~~9.us, provided that the licensed premises may
include only the 5~~~. within the fenced qrandstand area as
~~;~bed in the approved license application.
Sec. 29. [WINE LICENSES; STATE FAIR.]
(a) Notwithstanding MiE~~.~~~_9tacutes, sections 37.21 and
340A. 412, subdivision 4. paragraph (a), claus~.J)..L Chl!..city of
$.t:.,__~aul may issue a license to the holder of a state fair
concessions co~~~~ct with the state aqricultural society which
authorizes the licen~se co sell Minnesota-produced wine by the
g~~~~ at the state fair in connection with the sale of food by
the conceSS;9n~!re. All provisions of Minnesota Statutes,
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chap~~r 340A, not inconsistent herewi~h, a~pl~~~~SL~~~~
issued under this section.
(b) For purposes of this section "Minnesota-produced wine"
means ~!ne produced by a farm winery licensed under Mi~_~
Statutes, section_340A.31S, and made from at least 75 percent
Minnesota-qrown grapes, gr~~~~ice, other fruit bases, other
juices, and honey.
Sec. 30. [EFFECTIVE DATE.]
Sections 1 to 9 and 13 to 29 are effective ~he day
following final enac~ment.
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