Memo - Discussion on 2 am Bar Closing Ordinance•
The 2003 legislature gave cities the option to allow bars to remain open an additional
hour, to 2 am. The City of Hopkins Ordinance currently allows a 1 am closing, and
therefore, a change in the Ordinance would be required in order to allow license holders
to take advantage of the new 2 am closing.
At the last City Council meeting, license holders were on hand to request that the
Council change the allowable closing time to 2 am, and the Council indicated that they
• would discuss it at the June 10 work session.
At the June 10 work session staff will present information regarding the 2 am closing, as
well as information on other liquor related laws. Additionally, Chief Craig Reid has been
asked to attend the meeting to discuss the impacts of a 2 am closing on Police
Department operations.
In addition to allowing the bars to close later, it is also allowable for the City Council to
alter its current license fees, should they deem it appropriate to do so. Although fees
differ by the type of license, generally speaking on -sale licenses are set in an amount
authorized by the City Council.
Attached is information from the League of Minnesota Cities.
•
Memorandum
Mayorcc2ambarclose
Administrative Services Department
Office of the City Manager
To: Honorable Mayor and Members of the City Council,
From: Steven C. Mielke, City Manager
Date: June 6, 2003
Subject: Discussion on 2 am Bar Closing Ordinance
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J UN - Gobs 1 b ; 01 LEHUUE Uh- MN CITIES
LMC
Geer
To:
Fax #:
From:
Terry Oberrnaier
952- 935 -1834
Susan Naughton
Subject Liquor amendments
FAX TRANSMISSION
LEAGUE OF MINNESOTA CITIES
145 University Avenue West
St. Paul, MN 55103 -20 44
651 - 281 -120o
Fax: 651 -281 -1296
r • i.' -t
Date 6/2/03
Pages: /y, including this cover sheet
The League of Minnesota Cities provides this material for general
informational purposes. It is not intended to provide legal advice and
should not be used as a substitute for competent legal guidance. Consult
your attorney for advice concerning specific situations.
Comments:
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.)
JUN lb; IOG LtHUUt LW MN L l I 1 t5
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 the licensed
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
establishments located in the town must be held on the day of
the annual election of town officers-
(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
duplicate.
Subd. 4. Intoxicating 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 Saturday;
(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
first class in the same county;
(4) after 8:00 p.m_ on Monday through Thursday and after
10:00 p.m. on Friday and Saturday at an establishment located in
a city of the first class or within a city located within 15
miles of a city of the first class in the same county, provided
that an establishment may sell intoxicating liquor until 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 clubs. No establishment licensed
under section 340A.414, may permit a person to consume or
display intoxicating 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 limit hours. 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 intoxicating
liquor. A city may not permit the sale of alcoholic beverages
during hours when the sale is prohibited by this section.
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Page 2 of 3
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J UIY- ue-eola3
House File 5
2003 Special session
LtHlaUt UI- MN Li 1 i tb 1' .14.5/ 14
Sec. 57. Minnesota Statutes 2002, section 340A.403, is
69.7 amended by adding a subdivision to read:
69.6 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
69.12 date and expiration date of the license, and any other
69.13 information. on the license the commissioner requires.
69.14 [EFFECTIVE DATE.] This section is effective July 1, 2003.
69.15 Sec. 58. Minnesota Statutes 2002, section 340A.414, is
69.16 amended by adding a subdivision to read:
69.17 Subd. la. [ADDITIONAL AUTHORIZATION.] A holder of a
69.18 consumption and display permit under this section who wishes to
69.19 allow the consumption and display of intoxicating liquor
between
69.20 the hours of 1:00 a.m. and 2:00 a.m. must obtain authorization
69.21 to do so from the commissioner. The authorization may be
69.22 provided in a document issued to the permit holder by the
69.23 commissioner, or by a notation on the permit holder's permit.
69.24 Authorizations are valid for one year from the date of
69.25 issuance. The annual fee for obtaining authorization is $200.
69.26 The commissioner shall deposit all fees received under this
69.27 subdivision in the alcohol enforcement account in the special
69.28 revenue fund. A person who holds a consumption and display
69.29 permit and who also holds a license to sell alcoholic beverages
69.30 at on -sale at the same location is not required to obtain an
69.31 authorization under this subdivision.
69.32 [EFFECTIVE DATE.] This section is effective July 1, 2003.
69.33 Sec. 59. Minnesota Statutes 2002, section 340A.504, is
69.34 amended by adding a subdivision to read:
69.35 Subd. 7. [SALES AFTER 1:00 A.M.; PERMIT FEE.] (a) NO
69.36 licensee ma sell intoxicatin- li- or or 3 2 - ercent malt
liquor
70.1
70.2
70.3
70.4
70.5
the
70.6 permit is based on the licensee's gross receipts from on -sales
70.7 of alcoholic beverages in the 12 months rior to the month in
70.8 which the permit is issued, and is at the following rates:
70.9 (1) up to $100,000 in gross receipts, $200;
70.10 (2) over $100,000 but not over $500,000 in gross receipts,
70.11 $500; and
70.12 (3) over $500,000 in gross receipts, $600.
70.13 For a licensed retailer of intoxicating liquor who did not sell
70.14 intoxicating liquor at on -sale for a full 12 months prior to
the
70.15 month in which the permit is issued, the fee is $200. For a
70.16 retailer of 3.2 percent malt liquor, the fee is $200.
70.17 (b) The commissioner shall deposit all permit fees received
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, the fee for
JUN - 02 -2003 16:02 LEAGUE OF MN CITIES
70.18 under this subdivision in the alcohol enforcement account in
the
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 -2003 16:02 LEAGUE OF MN CITIES
H.F No. 719, 3rd Engrossment
Minnesota
House of Representatives
Housc ; Sen,r.c. Legislator S. Bill Status Laws, St;%tut•s & Rules Joint Deets. & G,,mmis;ins
KEY; ot.ri4ke a = old language to be removed
underscored = new language to be added
NOTE: If you cannot see any difference in the key above, you need to change the display of stricken
and/or underscored language.
Authors and Status is List versions
LLF No.. 719, 3rd Engrossment: 83rd Legislative Session (2003 -2004) Posted on May 20, 2003
1.1 A bill for an act
1.2 relating to liquor; allowing brewpubs to make
1.3 off -sales of the brewpub's own product under certain
1.4 circumstances; modifying a posting requirement;
1.5 modifying licensing provisions; expanding sale hours;
1.6 modifying sampling provisions; authorizing certain
1.7 local on -sale licenses; amending Minnesota Statutes
1.8 2002, sections 340A.101, by adding a subdivision;
1.9 340A.301, subdivisions 6, 7; 340A.308; 340A.318,
1.10 subdivision 3; 340A.404, subdivisions 1, 2; 340A.411,
• 1.11 subdivision 1; 340A.413, subdivision 4; 340A.504,
1.12 subdivisions 1, 2, 3; 340A.510, subdivisions 1, 2;
1.13 340A.511.
1.14 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.15 Section 1. Minnesota Statutes 2002, section 340A.101, is
1.16 amended by adding a subdivision to read:
1.17 Subd. 27a. [THEATER.] "Theater" means a building
1.18 containin- an auditorium in which live dramatic L musical, dance
1.19 or li performances are regularly presented to holders of
1.20 tickets for those performances.
1.21 Sec. 2. Minnesota Statutes 2002, section 340A.301,
1.22 subdivision 6, is amended to read:
1.23 Subd. 6. [FEES.] The annual fees for licenses under this
1.24 section are as follows:
1.25 (a) Manufacturers (except as provided
1.26 in clauses (b) and (c)) $15,000
1.27 Duplicates $ 3,000
1.28 (b) Manufacturers of wines of not more
1.29 than 25 percent alcohol by volume $ 500
2.1 (c) Brewers other than those described
2.2 in clauses (d) and (i) $ 2,500
2.3 (d) Brewers who also hold one or more
2.4 retail on -sale licenses and who
2.5 manufacture fewer than 3,500 barrels
2.6 of malt liquor in a year, at any one
2.7 licensed premises, using only wort produced
2.8 in Minnesota, the entire
• 2.9 production of which is solely
2.10 for consumption on tap on the
2.11 licensed premises or for off -sale
2.12 from that licensed premises.
2.13 A brewer licensed
1∎1 4 1 Vi a V
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H.F No. 719, 3rd Engrossment
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3.27.
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4.1
under this clause must obtain a separate
license for each licensed premises where
the brewer brews malt liquor. A brewer
licensed under this clause may not be
licensed as an importer under this chapter $ 500
(e) Wholesalers (except as provided in
clauses (f), (g), and (h)) $15,000
Duplicates $ 3,000
(f) Wholesalers of wines of not more
than 25 percent alcohol by volume $ 2,000
(g) Wholesalers of intoxicating
malt liquor $ 600
Duplicates $ 25
(h) Wholesalers of 3.2 percent
malt liquor $ 10
(i) Brewers who manufacture fewer than
2,000 barrels of malt liquor in a year $ 150
If a business licensed under this 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 the balance of the
license period to the licensee or to the licensee's estate.
Sec. 3. Minnesota Statutes 2002, section 340A.301,
subdivision 7, is amended to 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
intoxicating 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 intoxicating 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 intoxicating liquor.
(b) A brewer licensed under subdivision 6, clause (d), may
be issued an on -sale intoxicating liquor or 3.2 percent malt
liquor license by a municipality for a restaurant operated in
the place of manufacture. '-
Notwithstanding section 340A.405,
a brewer who holds an on - sale license issued pursuant to this
paragraph may, with the approval of the commissioner, be issued
a license by a municipality for off -sale of malt liquor produced
and„packaged on the licensed premises. Off -sale of malt liquor
shall be limited to the legal hours for off -sale at exclusive
liquor stores in the jurisdiction in which the brewer is
located, and the malt liquor sold off - sale must be removed from
the premises before the applicable off -sale closing time at
exclusive liquor stores. The malt liquor shall be packaged in
64 - ounce containers commonly known as "growlers." The
containers shall bear a twist type closure, cork, stopper, or
plu_ At the time of the sale, a paper or plastic adhesive
band, strip, or sleeve shall be applied to the container and
extend over the top of the twist type closure, cork, stonper
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JUN -02 -2003 16:03 LEAGUE OF MN CITIES
H.F No. 719, 3rd Jngrossment
4.2 Qlug forming a seal that must be broken upon opening of the
4.3 container. The adhesive band, strip, or sleeve shall bear the
4.4 name and address of the brewer. The containers shall be
4.5 identified as malt liquor, contain the name of the malt liquor,
4.6 bear the name and address of the brewer selling the malt liquor,
4.7 and shall be considered intoxicating liquor unless the alcoholic
4.8 content is labeled as otherwise in accordance with the
4.9 provisions of Minnesota Rules, part 7515.1100. A brewer's total
4.10 retail sales at on- or off -sale under this paragraph may not
4.11 exceed 3,500 barrels per year, provided that off -sales may not
4.12 total more than 50 percent of the brewer's production or 500
4.13 barrels, whichever is less. A brewer licensed under subdivision
4.14 6, clause (d), may hold or have an interest in other retail
4.15 on -sale licenses, but may not have an ownership interest in
4.16 whole or in part, or be an officer, director, agent, or employee
4.17 of, any other manufacturer, brewer, importer, or wholesaler, or
4.18 be an affiliate thereof whether the affiliation is corporate or
4.19 by management, direction, or control. Notwithstanding this
4.20 prohibition, a brewer licensed under subdivision 6, clause (d),
4.21 may be an affiliate or subsidiary company of a brewer licensed
4.22 in Minnesota or elsewhere if that brewer's only manufacture of
4.23 malt liquor is;
4.24 (i) manufacture licensed under subdivision 6, clause (d);
4.25 (ii) manufacture in another state for consumption
4.26 exclusively in a restaurant located in the place of manufacture;
4.27 or
4.28 (iii) manufacture in another state for consumption
4.29 primarily in a restaurant located in or immediately adjacent to
4.30 the place of manufacture if the brewer was licensed under
4.37. subdivision 6, clause (d), on January 1, 1995.
4.32 (c) Except as provided in subdivision 7a, no brewer as
4.33 defined in subdivision 7a or importer may have any interest, in
4.34 whole or in part, directly or indirectly, in the license,
4.35 business, assets, or corporate stock of a licensed malt liquor
4.36 wholesaler.
5.1 Sec. 4. Minnesota Statutes 2002, section 340A.308, is
5.2 amended to read:
5.3 340A.308 [PROHIBITED TRANSACTIONS.]
5.4 (a) Except as otherwise provided in section 340A.301, no
5.5 brewer or malt liquor wholesaler may directly or indirectly, or
5.6 through an affiliate or subsidiary company, or through an
5.7 officer, director, stockholder, or partner:
5.8 (1) give, or lend money, credit, or other thing of value to
5.9 a retailer;
5.10 (2) give, lend, lease, or sell furnishing or equipment to a
5.11 retailer;
5.12 (3) have an interest in a retail license; or
5.13 (4) be bound for the repayment of a loan to a retailer.
5.14 (b) No retailer may solicit any equipment, fixture,
5.15 supplies, money, or other thing of value from a brewer or malt
5.16 liquor wholesaler if furnishing of these items by the brewer or
5.17 wholesaler is prohibited by law and the retailer knew or had
5.18 reason to know that the furnishing is prohibited by law.
5.19 (c) This section does not prohibit a manufacturer or
5.20 wholesaler from:
5.21 (1) furnishing, lending, or renting to a retailer outside
5.22 signs, of a cost of up to $400 excluding installation and repair
5.23 costs;
5.24 (2) furnishing, lending, or renting to a retailer inside
5.25 signs and other promotional material, of a cost of up to $300 in
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JUN -02 -2003 16:04 LEAGUE OF MN CITIES
H.F No. 719, 3rd Engrossment
5.26 a year;
5.27 (3) furnishing to or maintaining for a retailer equipment
5.28 for dispensing malt liquor, including tap trailers, cold plates
5.29 and other dispensing equipment, of a cost of up to $100 per tap
5.30 in a year;
5.31 (4) using or renting property owned continually since
5.32 November 1, 1933, for the purpose of selling intoxicating or 3.2
5.33 percent malt liquor at retail;
5.34 (5) extending customary commercial credit to a retailer in
5 -35 connection with a sale of nonalcoholic beverages only, or
5.36 engaging in cooperative advertising agreements with a retailer
6.1 in connection with the sale of nonalcoholic beverages only; or
6.2 (6) in the case of a wholesaler, with the prior written
6.3 consent of the commissioner, selling beer on consignment to a
6.4 holder of a temporary license under section 340A.403,
6.5 subdivision 2, or 340A.404, subdivision 10.
6.6 Sec. 5. Minnesota Statutes 2002, section 340A.318,
6.7 subdivision 3, is amended to read:
6.8 Subd. 3- (POSTING; NOTICE.) Verified lists or statements
6.9 required by subdivision 2 shall be posted by the commissioner in
6.10 offices of the department in places available for public
6.11 inspection not later than the 4aiz Monday following receipt.
6.12 Documents posted shall constitute notice to every distiller,
6.13 manufacturer, or wholesaler of the information posted. Actual
6.14 notice, however received, also constitutes notice.
6.15 Sec. 6. Minnesota Statutes 2002, section 340A_404,
6.16 subdivision 1, is amended to read:
6.17 Subdivision 1_ [CITIES.] (a) A city may issue an on -sale
6.18 intoxicating liquor license to the following establishments
6.19 located within its jurisdiction:
6.20 (1) hotels;
6.21 (2) restaurants;
6.22 (3) bowling centers;
6.23 (4) clubs or congressionally chartered veterans
6.24 organizations with the approval of the commissioner, provided
6.25 that the organisation has been in existence for at least three
6.26 years and liquor sales will only be to members and bona fide
6.27 guests;
6.28 (5) sports facilities located on land owned by the
6.29 metropolitan sports commission; and
6.30 (6) exclusive liquor stores.
6.31 (b) A city may issue an on -sale intoxicating liquor
6.32 license, an on -sale wine license, or an on -sale malt liquor
6.33 license to a theater within the city, notwithstanding any law,
6.34 local ordinance, or charter provision. A license issued under
6.35 this paragraph authorizes sales on all days of the week to
6.36 persons attending events at the theater.
7.1 Sec. 7. Minnesota Statutes 2002, section 340A.404,
7.2 subdivision 2, is amended to read:
7.3 Subd- 2- (SPECIAL PROVISION; CITY OF MINNEAPOLIS.] (a) The
7.4 city of Minneapolis may issue an on -sale intoxicating liquor
7.5 license to the Guthrie Theater, the Cricket Theatre, the Orpheum
7.6 Theatre, aa4 the State Theatre, and the Historic Pantages
7.7 Theatre, notwithstanding the limitations of law, or local
7.8 ordinance, or charter provision relating to zoning or school or
7.9 church distances. The licenses authorize sales on all days of
7.10 the week to holders of tickets for performances presented by the
7.11 theaters and to members of the nonprofit corporations holding
7.12 the licenses and to their guests.
7 -13 (b) The city of Minneapolis may issue an intoxicating
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JUN -02 -2003 16:04 LEAGUE OF MN CITIES
H.F No, 719, 3rd Engrossment
7.14 liquor license to 510 Groveland Associates, a Minnesota
7.15 cooperative, for use by a restaurant on the premises owned by
7.16 510 Groveland Associates, notwithstanding limitations of law, or
7.17 local ordinance, or charter provision.
7.18 (c) The city of Minneapolis may issue an on -sale
7.19 intoxicating liquor license to Zuhrah Shrine Temple for use on
7.20 the premises owned by Zuhrah Shrine Temple at 2540 Park Avenue
7.21 South in Minneapolis, and to the American Swedish Institute for
7.22 use on the •remises owned b the American Swedish Institute at
7.23 2600 Park Avenue south, notwithstanding limitations of law, or
7.24 local ordinances, or charter provision relating to zoning or
7.25 school or church distances.
7.26 (d) The city of Minneapolis may issue an on -sale
7.27 intoxicating liquor license to the American Association of
7.28 University Women, Minneapolis branch, for use on the premises
7.29 owned by the American Association of University Women,
7.30 Minneapolis branch, at 2115 Stevens Avenue South in Minneapolis,
7.31 notwithstanding limitations of law, or local ordinances, or
7.32 charter provisions relating to Zoning or school or church
7.33 distances.
7.34 (e) The city of Minneapolis may issue an on -sale wine
7.35 license and an on -sale 3.2 percent malt liquor license to a
7.36 restaurant located at 5000 Penn Avenue South, and an on -sale
8.1 wine license and an on -sale malt liquor license to a restaurant
8.2 located at 1931 Nicollet Avenue South, notwithstanding any law
8.3 or local ordinance or charter provision.
8.4 (f) The city of Minneapolis may issue an on -sale wine
8.5 license and an on -sale malt liquor license to the Brave New
8 -6 Workshop Theatre located at 3001 Hennepin Avenue South, the
8.7 Theatre de la Jeune Lune, the Illusion Theatre located at 528
8.8 Hennepin Avenue South, the Hollywood Theatre located at 2815
8.9 Johnson Street Northeast, the Loring Playhouse located at 1633
8.10 Hennepin Avenue South, aad the Jungle Theater located at 2951
8.11 Lyndale Avenue South, Brave New Institute located at 2605
8.12 Hennepin Avenue South, the Guthrie Lab located at 700 North
8.13 First Street, and the Southern Theatre located at 1420
8.14 Washington Avenue South, notwithstanding any law or local
8.15 ordinance or charter provision. The license authorizes sales on
8.16 all days of the week.
8.17 (g) The city of Minneapolis may issue an on -sale
8.18 intoxicating liquor license to University Gateway Corporation, a
8.19 Minnesota nonprofit corporation, for use by a restaurant or
8.20 catering operator at the building owned and operated by the
8.21 University Gateway Corporation on the University of Minnesota
8.22 campus, notwithstanding limitations of law, or local ordinance
8.23 or charter provision. The license authorizes sales on all days
8.24 of the week.
8.25 Sec. 8. Minnesota Statutes 2002, section 340A.411,
8.26 subdivision 1, is amended to read:
8.27 Subdivision 1- (ON -SALE LICENSES.] On -sale 3.2 percent
8.28 malt liquor licenses may only be issued to drugstores,
8.29 restaurants, hotels, clubs, bowling centers, golf courses, and
8 -30 establishments used exclusively for the sale of 3.2 percent malt
6.31 liquor with the incidental sale of tobacco and soft drinks_
8.32 Sec- 9. Minnesota Statutes 2002, section 340A.413,
8.33 subdivision 4, is amended to read:
8.34 Subd. 4. [EXCLUSIONS FROM LICENSE LIMITS.) On -sale
8.35 intoxicating liquor licenses may be issued to the following
8.36 entities by a city, in addition to the number authorized by this
9.1 section:
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JUN -02 -2003 16 04
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LEAGUE OF MN CITIES
9.2 (1) clubs, or congressionally chartered veterans
9.3 organizations;
9.4 (2) restaurants
9.5 ;
9.6 (3) establishments that are issued licenses to sell wine
9.7 under section 340A.404, subdivision 5; aad
9.8 (4) theaters that are issued licenses under section
9.9 340A.404
9.10 (5) hotels; and
9.11 (6) bowling centers.
9.12 Sec. 10. Minnesota Statutes 2002, section 340A.504,
9.13 subdivision 1, is amended to read:
9.14 Subdivision 1. [3.2 PERCENT MALT LIQUOR -] No sale of 3.2
9.15 percent malt liquor may be made between :..:.441 2:00 a.m. and 8:00
9.16 a.m. on the days of Monday through Saturday, nor between 14.4.4
9.17 2:00 a.m. and 12:00 noon on Sunday, provided that an
9.18 establishment located on land owned by the metropolitan sports
9.19 commission, or the sports arena for which one or more licenses
9.20 have been issued under section 340A.404, subdivision 2,
9.21 paragraph (c), may sell 3.2 percent malt liquor between 10:00
9.22 a.m. and 12:00 noon on a Sunday on which a sports or other event
9.23 is scheduled to begin at that location on or before 1:00 p.m. of
9.24 that day.
9.25 Sec. 11. Minnesota Statutes 2002, section 340A -504,
9.26 subdivision 2, is amended to read:
9.27 Subd. 2. [INTOXICATING LIQUOR; ON- SALE.] No sale of
9.28 intoxicating liquor for consumption on the licensed premises may
9.29 be made:
9.30 (1) between .7..�4a 2 :00 a.m. and 8:00 a.m. on the days of
9.31 Monday through Saturday;
9.32 (2) after 4. -+.aa 2:00 a.m. on Sundays, except as provided by
9.33 subdivision 3_
9.34 Sec. 12. Minnesota Statutes 2002, section 340A.504,
9.35 subdivision 3, is amended to read:
9.36 Subd. 3. [INTOXICATING LIQUOR; SUNDAY SALES; ON- SALE.] (a)
10.1 A restaurant, club, bowling center, or hotel with a seating
10.2 capacity for at least 30 persons and which holds an on -sale
10.3 intoxicating liquor license may sell intoxicating liquor for
10.4 consumption on the premises in conjunction with the sale of food
10.5 between the hours of 12:00 noon on Sundays and 2+0O 2:00 a.m. on
10.6 Mondays.
10.7 (b) The governing body of a municipality may after one
10.8 public hearing by ordinance permit a restaurant, hotel, bowling
10.9 center, or club to sell alcoholic beverages for consumption on
10.10 the premises in conjunction with the sale of food between the
10.11 hours of 10:00 a.m. on Sundays and �-0a 2:00 a.m. on Mondays,
10.12 provided that the licensee is in conformance with the Minnesota
10.13 Clean Air Act.
10.14 (c) An establishment serving intoxicating liquor on Sundays
10.15 must obtain a Sunday license. The license must be issued by the
10.16 governing body of the municipality for a period of one year, and
10.17 the fee for the license may not exceed $200-
10.18 (d) A city may issue a Sunday intoxicating liquor license
10.19 only if authorized to do so by the voters of the city voting on
10.20 the question at a general or special election. A county may
10.21 issue a Sunday intoxicating liquor license in a town only if
10.22 authorized to do so by the voters of the town as provided in
10.23 paragraph (e). A county may issue a Sunday intoxicating liquor
10.24 license in unorganized territory only if authorized to do so by
10.25 the voters of the election precinct that contains the licensed
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10.26 premises, voting on the question at a general or special
10.27 election.
10.28 (e) An election conducted in a town on the question of the
10.29 issuance by the county of Sunday sales licenses to
10.30 establishments located in the town must be held on the day of
10.31 the annual election of town officers.
10.32 (f) Voter approval is not required for licenses issued by
10.33 the metropolitan airports commission or common carrier licenses
10.34 issued by the commissioner. Common carriers serving
10.35 intoxicating liquor on Sunday must obtain a Sunday license from
10.36 the commissioner at an annual fee of $50, plus $20 for each
11.1 duplicate.
11.2 Sec. 13. Minnesota Statutes 2002, section 340A.510,
11.3 subdivision 1, is amended to read:
11.4 Subdivision 1. [SAMPLES FOR OTHER THAN MALT LIQUOR
11.5 AUTHORIZED.] On- or off -sale 1icon .g retail licensees and
11.6 municipal liquor stores may provide, or permit a licensed
11.7 manufacturer or a wholesaler or its agents to provide on the
11.8 premises of the retail licensee or municipal liquor store,
11.9 samples of wine, liqueurs, cordials, and distilled
11.10 spirits which the retail licensee or municipal liquor store
11.11 currently has in stock and is offering for sale to the general
11.12 public without obtaining an additional license, provided the
11.13 wine, liqueur, cordial, and distilled spirits samples are
12.14 dispensed at no charge and consumed on the licensed premises
11.15 during the permitted hours of g€ -tale sale in a quantity less
11.16 than •• - - - 50
11.17 milliliters of wine per
11.18 liqueur or cordial, and 15 milliliters of distilled spirits per
11.19 variety per customer.
11.20 Sec. 14. Minnesota Statutes 2002, section 340A.510,
11.21 subdivision 2, is amended to read:
11.22 Subd. 2. [MALT LIQUOR SAMPLES
11.23 AUTHORIZED.] (a) Notwithstanding section 340A.308, 1 0444-P06 10
11.24 - - <- -- a brewer may
11.25 purchase from or furnish at no cost to a licensed
11.26 retailer malt liquor the brewer manufactures if:
11.27 (1) the malt liquor is dispensed by the retailer only for
11.28 - - - -._ - - samples in a quantity of
11.29 less than 100 milliliters of malt liquor per variety per
11.30 customer;
11.31 (2) where the brewer furnishes the malt liquor, the
11.32 retailer makes available for return to the brewer any unused
11.33 malt liquor and empty containers;
11.34 (3) the samples are dispensed by an employee of the
11.35 retailer or brewer or by a sampling service retained by the
11.36 retailer or brewer and not affiliated directly or indirectly
12.1 with a malt liquor wholesaler;
12.2 (4) not more than three cases of malt
12.3 liquor are purchased from or furnished to the retailer by the
12.4 brewer for each sampling;
12.5 (5) each sampling continues for not more than eight hours;
12.6 (6) the brewer has furnished malt liquor for not more than
12.7 five samplings for any retailer in any calendar year;
12.8 (7) where the brewer furnishes the malt liquor the brewer
12.9 delivers the malt liquor for the sampling to its exclusive
12.10 wholesaler for that malt liquor;
12.11 (8) the brewer has at least seven days before the sampling
12.12 filed with the commissioner, on a form the commissioner
12.13 prescribes, written notice of intent to furnish malt liquor for
variety per customer, 25 milliliters of
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12.14 the sampling, which contains (1) the name and address of the
12.15 retailer conducting the sampling, (ii) the maximum amount of
12 -16 malt liquor halag to be furnished or purchased by the brewer,
12.17 (iii) the number of times the brewer has furnished malt liquor
12.18 to the retailer in the calendar year in which the notice is
12 -19 filed, (iv) the date and time of the sampling, (v) where the
12.20 brewer furnishes the malt liquor, the exclusive wholesaler to
12.21 whom the brewer will deliver the malt liquor, and (vi) a
12.22 statement by the brewer to the effect that to the brewer's
12.23 knowledge all requirements of this section have been or will be
12.24 complied with; and
12.25 (9) the commissioner has not notified the brewer filing the
12.26 notice under clause (8) that the commissioner disapproves the
12.27 notice.
12.28 (b) For purposes of this subdivision, "licensed retailer"
12 -29 means a licensed on -sale or off -sale retailer of alcoholic
12.30 beverages and a municipal liquor store L
12.31 • Sec. 15. Minnesota Statutes 2002, section 340A_511, is
12.32 amended to read;
12.33 340A.511 [CERTAIN SIZES MAY BE SOLD.]
12.34 (a) An off -sale retailer of intoxicating liquor may sell
12.35 distilled spirits in bottles of 50 milliliters.
12.36 (b) An on -sale intoxicating liquor licensee whose licensed
13.1 premises includes a golf course or who is a common carrier may
13.2 dispense distilled spirits from 50- milliliter bottles.
13.3 Sec. 16. [CITY OF BLAINE; ON -SALE LICENSES.]
13.4 The city of Blaine may issue 15 on -sale intoxicating liquor
13.5 licenses in addition to the number authorized by law_ All
13.6 provisions of Minnesota Statutes, chapter 340A, not inconsistent
13.7 with this section, apply to the licenses authorized by this
13.8 section.
13.9 Sec. 17. [CITY OF DULUTH; ON -SALE LICENSE.]
13.10 The city of Duluth ma issue one on -sale intoxicating
13.11 liquor license in addition to the number authorized by law for
13.12 the St. Louis County Heritage and Arts Center, commonly known as
13.13 the Duluth Depot. All provisions of Minnesota Statutes, chapter
13.14 340A, not inconsistent with this section, apply to the license
13.15 authorized by this section.
13.16 Sec. 18- (CITY OF HASTINGS; ON -SALE LICENSES.)
13.17 The city of Hastings may issue three on -sale intoxicating
13.18 liquor licenses in addition to the number authorized by law.
13.19 All provisions of Minnesota Statutes, chapter 340A, not
13.20 inconsistent with this section, apply to the licenses authorized
13.21 by this section.
13.22 Sec. 19. (CITY OF MAPLE GROvE; ON -SALE LICENSES.)
13.23 The city of Maple Grove may issue 12 on -sale intoxicating
13.24 liquor licenses in addition to the number authorized by law.
13.25 All provisions of Minnesota Statutes, chanter 340A, not
13.26 inconsistent with this section, apply to the licenses authorized
13.27 under this section.
13 -28 Sec. 20. (CITY OF ST. JOSEPH; ON -SALE LICENSES.)
13.29 The city of St. Joseph may issue three on -sale intoxicating
13.30 liquor licenses in addition to the number authorized by law.
13.31 All provisions of Minnesota Statutes, chapter 340A, not
13.32 inconsistent with this section, apply to the licenses authorized
13.33 by this section.
13.34 Sec. 21. [CITY OF ST- MICHAEL; ON -SALE LICENSES.]
13.35 The city of St. Michael may issue five on -sale liquor
13.36 licenses in addition to the number authorized by law. All
14.1 provisions of Minnesota Statutes, chapter 340A not inconsistent
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H.F No. 719, 3rd Engrossment
14.2 with this section, apply to the licenses authorized under this
14.3 section.
14.4 Sec. 22. [CITY OF SARTELL; ON -SALE LICENSES.]
14.5 The city of Sartell may issue five on -sale intoxicating
14.6 liquor licenses in addition to the number authorized by law.
14.7 All provisions of Minnesota Statutes, chapter 340A, not
14.8 inconsistent with this section, apply to the licenses authorized
14.9 by this section.
14.10 Sec. 23. [CITY OF STILLWATER; ON -SALE LICENSES.]
14 -11 The city of Stillwater may issue two on -sale intoxicating
14.12 liquor licenses in addition to the number authorized by law.
14.13 All provisions of Minnesota Statutes, chapter 340A, not
14.14 inconsistent with this section, apply to the licenses authorized
14.15 under this section.
14.16 Sec. 24. [CITY OF THIEF RIVER FALLS; ON -SALE LICENSE.]
14.17 The City of Thief River Falls may issue one on -sale
14.18 intoxicatinguor license in addition to the number authorized
14.19 by law. All provisions of Minnesota Statutes, chapter 340A, not
14.20 inconsistent with this section apply to the licenses authorized
14.21 by this section.
14.22 Sec. 25. [CITY OF WACONIA; ON -SALE LICENSES.]
14.23 The city of Waconia maw issue three on -sale intoxicating
14.24 liquor licenses in addition to the number authorized by law.
14.25 All provisions of Minnesota Statutes, chapter 340A, not
14.26 inconsistent with this section, apply to the licenses authorized
14.27 under this section.
14.28 Sec. 26. [CITY OF WOODEVRY; ON -SALE LICENSES.]
14.29 The city of Woodbury may issue 12 on -sale intoxicating
14.30 liquor licenses in addition to the number authorized by law.
14.31 All provisions of Minnesota Statutes, chapter 340A, not
14.32 inconsistent with this section, apply to the licenses authorized
14.33 by this section.
14.34 Sec. 27. [MINNESOTA CENTENNIAL SHOWBOAT.]
14.35 The city of St. Paul may issue an on -sale intoxicating
14.36 liquor license for the Minnesota Centennial Showboat, moored at
15.1 110 Yacht Club Road, Harriet Island, notwithstanding any law,
15.2 local ordinance, or charter provision. The license must be
15.3 issued to a holder of a river tour boat license under Minnesota
15.4 Statutes section 340A.404 subdivision 8. The license
15.5 authorizes sales on all days of the week.
15.6 Sec. 28. [ELIO SPEEDWAY; ON -SALE LICENSE.]
15.7 Notwithstanding Minnesota Statutes, section 340A.404,
15.8 subdivision 1, the city of Elko may issue an on -sale
15.9 intoxicating liquor license to the Elko Speedway in addition to
15.10 the number authorized by law. The license may authorize sales
15.11 onlyto persons attending racing events at the speedway. All
15.12 provisions of Minnesota Statutes, chapter 340A, not inconsistent
15.13 with this provision apply to the license authorized under this
15.14 section. The license may be issued for a space that is not
15.15 compact and contiguous, provided that the licensed premises may
15.16 include only the space within the fenced grandstand area as
15.17 described in the approved license application.
15.18 Sec. 29. [WINE LICENSES; STATE FAIR.]
15.19 (a) Notwithstanding Minnesota Statutes, sections 37.21 and
15.20 340A.412, subdivision 4, paragraph (a) , clause (3) , the city of
15.21 Se. Paul may issue a license to the holder of a state fair
15.22 concessions contract with the state agricultural society which
15.23 authorizes the licensee to sell, Minnesota - produced wine by the
15.24 glass at the state fair in connection with the sale of food by
15.25 the concessionaire. All provisions of Minnesota Statutes,
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15.26 chapter 340A not inconsistent herewith, a licenses
15.27 issued under this section.
15.28 (b) For purposes of this section "Minnesota- produced wine"
15.29 means wine produced by a farm winery licensed under Minnesota
15.30 Statutes, section 340A.315, and made from at least 75 percent
15.31 Minnesota -grown grapes, grape juice, other fruit bases, other
15.32 juices, and honey.
25.33 Sec. 30. [EFFECTIVE DATE.)
15.34 Sections 1 to 9 and 13 to 29 are effective the day
15.35 following final enactment.
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