City of Hopkins - Questions About Liquor LicensingQuestions About Liquor Licensing
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ORDINANCE - No sale of
intoxicating liquor for
consumption on the licensed
premises may be made:
between 1:00 a.m. and 8:00
a.m. on Monday through
Saturday: nor after 1:00 a.m.
STATUTE - No Sales may be
made between the Hours of 2:00
a.m. Monday through Saturday or
after 2:00 a.m. on Sunday unless
a Sunday license has been
issued.
ORDINANCE - On -sale licenses
shall be issued only to hotels,
clubs, restaurants, Bowling
Centers and to exclusive liquor
stores, which exclusive liquor
stores were in existence on July
1, 1999, and shall permit on -sale
of liquor only. After July 1, 1999,
iissued to an establishment unless
'the establishment during its first
ORDINANCE - Ten on -sale
licenses may be granted in a
year.
On -Sale allows the licensee to sell
all liquor types to be consumed on
the premises.
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STATUTE - The City of Hopkins is
defined as a City of the third class.
As such, Statute allows the City to
issue 12 On -Sale Licenses.
I ON -SALE LICENSE
What is an On -Sale License?
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How many On -Sale Licenses
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Questions About Liquor Licensing
State Statute.
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ORDINANCE - With the sale of
food between the hours of
10:00 a.m. on Sundays and
1:00 a.m. on Mondays.
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STATUTE - Sunday Sales may
be made between the hours of
12:00 noon on Sunday and 2:00
a.m. on Monday - or - between
10:00 a.m. on Sunday and 2:00
a.m. on Monday if there is
conformance with the clean
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Statutes exclude many types of
licenses from that limitation. The
exclusions include: on -sale licenses
that are issued to Clubs,
Restaurants, Establishments that
A Sunday Sale allows the sale of all
liquor types to be consumed on the
premises. Must be in conjunction
with the sale of food.
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The City issues many more
than 12 licenses. How can
that be?
SUNDAY ON -SALE LICENSE
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What is Sunday Sale?
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FEE - $55.00 The license fee for
an on -sale and off-sale 3.2 percent
malt liquor license is the fee set by
the county or city issuing the
license.
ORDINANCE - The hours for
sale of Off -Sale 3.2 Beer is the
same as the hours for sale of
On -Sale 3.2 Beer
ORDINANCE - An on -sale 3.2
'percent malt liquor license may
ionly be issued to drugstores,
restaurants, hotels, clubs,
( bowling centers where food is
prepared and served for
consumption on the premises
land in bona fide clubs, and shall
permit the sale of beer for
consumption on the premises
only.
The City has set no limit
The City could adopt an
ordinance that restricts 2 am
closing to only.Friday and
Saturday for 3.2, wine and on-
STATUTE - A 3.2 percent off -sale
malt liquor license may be issued
to permit the sale of beer in the
original packages for removal
from and consumption off the
premises only.
The City has set no limit
STATUTE - On -sale 3.2 percent
malt liquor licenses may only be
issued to drugstores, restaurants,
'hotels, clubs, bowling centers, live
theaters and establishments used
lexclusively for the sale of 3.2
percent malt liquor with the
incidental sale of tobacco and soft
drinks.
Statute does not limit the number of
licenses, but allows the City to limit
the number.
The statute allows a municipality to
be more restrictive than state law.
The governing body of a city or
county may issue off-sale or on -sale
licenses for the sale of 3.2 percent
malt liquor within their respective
jurisdictions.
Statute does not limit the number of
licenses, but allows the City to limit
tilt? niimhPr
I
Who can the City issue On-
Sale 3.2 Beer to?
How many On -Sale 3.2 Beer
Licenses can the City issue?
ON -SALE - ALL TYPES
Can the City allow 2 am
closing on Friday and Saturday
only?
OFF -SALE 3.2 LICENSE
What is an Off -Sale 3.2 Beer
License?
How many Off- Sale Licenses
can the City issue?
Hopkins City Code (April 1999) 1200.01
CHAPTER XII
SALE, CONSUMPTION AND DISPLAY OF ALCOHOLIC BEVERAGES
1200.01. Provisions of the State Law adopted. The provisions of Minnesota
State Statute, Chapter 340A, relating to the definitions of terms, licensing,
consumption, sales, financial responsibility of licensees, hours of sale and
all other matters pertaining to the retail sale, distribution, and
consumption of intoxicating liquor are adopted and made a part of this
ordinance as if set out in full.
1200.03 Licenses Required. Subdivision 1. General requirement. No
person, except a wholesaler or manufacturer to the extent authorized under
state license, shall directly or indirectly deal in, sell, or keep for sale
in the City of Hopkins, any intoxicating liquor without a license to do so as
provided in this ordinance. Liquor licenses shall be of eight kinds:
• on -sale
• temporary on -sale
• off -sale
• club
• on -sale wine
• 3.2 % malt liquor on -sale
• 3.2 % malt liquor off -sale
• temporary 3.2% malt liquor on -sale.
1200.05. Subdivision 1. On -sale licenses. On -sale licenses shall be issued
only to hotels, clubs, restaurants, Bowling Centers and to exclusive liquor
stores, which exclusive liquor stores were in existence on July 1, 1999, and
shall permit on -sale of liquor only. Ten on -sale licenses may be granted in
a year.
Subd. 2. After July 1, 1999, no on -sale liquor license shall be
issued to an establishment unless the applicant makes a bona fide estimation
that at least fifty percent of the gross receipts of the establishment during
its first year of business will be attributable to the sale of food.
Subd. 3. Each establishment granted an on -sale liquor license under
this section shall have the continuing obligation to have at least fifty
percent of gross receipts from the establishment during the preceding
business year attributable to the sale of food.
Section 1200 Page 1
Hopkins City Code (Revised April 1999) 1200.07
Subd. 4. For the purpose of this requirement, "establishment" shall
include the food and beverage portion of a multi- service establishment.
Financial records for the food and beverage portion must be maintained
separately from the records of the remainder of the establishment.
Subd. 5. For the purpose of this section, "sale of food" shall include
gross receipts attributable to the sale of food items, soft - drinks and
nonalcoholic beverages. It shall not include any portion of gross receipts
attributable to the nonalcoholic components of a plain or mixed alcoholic
beverage, such as ice, soft -drink mixes or other mixes.
Subd. 6. The Council may require the production of such documents or
information, including, but not limited to, books, records, audited financial
statements, or pro forma financial statements as it deems necessary or
convenient to enforce these provisions. The Council may also obtain its own
audit or review of such documents or information, and all licensees shall
cooperate with such a review, including prompt production of requested
records.
Subd. 7. In addition to other remedies that it may have available, the
Council may place the license of any on -sale liquor licensee on probationary
status for up to one year, when the sale of food is reported, or found to be,
less than fifty percent of gross receipts for any business year. During the
probationary period, the licensee shall prepare any plans and reports,
participate in any required meetings, and take other action that the Council
may require to increase the sale of food.
Subd. 8. The above provisions shall not apply to any business having
an on -sale liquor license prior to July 1, 1999 and will not affect the
future renewals of the on -sale licenses for such businesses. These provisions
shall not apply to new licenses issued for existing establishments, due to
sale or transfer of ownership of these establishments, unless the
establishment has been closed and without a liquor license for at least 90
days. These provisions shall also not apply to any new on -sale liquor license
for a hotel or bowling alley.
1200.07 On -Sale wine licenses. Subdivision 1. On -sale wine licenses shall
be issued only to restaurants meeting the qualifications of Minnesota
Statutes Section 340A.404. Subdivision 5, and shall permit only the sale of
wine not exceeding 14 percent alcohol by volume, for consumption on the
licensed premises only, in conjunction with the sale of food.
Subd. 2 The holder of an on -sale wine license who is also licensed to
sell 3.2 percent malt liquors at on -sale and whose gross receipts are at
least 60 percent attributable to the sale of food, may sell intoxicating malt
liquors at on -sale without an additional license.
1200.09 Temporary on -sale licenses. Subject to the approval of the
commissioner of public safety, temporary on -sale licenses shall be issued
only to clubs or charitable, religious, or other non - profit organizations in
existence for at least three years. A temporary license authorizes the on-
sale of intoxicating liquor in connection with a social event within the city
sponsored by the licensee and subject to restrictions imposed by the state
liquor act.
Section 1200 Page 2
Hopkins City Code (Revised April 1999) 1200.11
1200.11. Off -sale licenses. Off -sale licenses shall be issued to exclusive
liquor stores and shall permit off sales of liquor only. No off -sale license
shall be issued to an establishment holding an on -sale liquor license except
those on -sale and off -sale licenses that are presently existing in such
combination. The sale of such an establishment shall not prevent the new
owners from applying for an off -sale liquor license. At any time hereafter
that any such existing combined on -sale and off -sale licenses are for any
reason suspended, canceled, or not applied for, no further re- issuance or
renewal of such licenses shall thereafter be allowed or issued in
combination.
1200.12. No new off -sale license shall be granted for any building within
350 feet of any elementary or secondary school; daycare center; or religious
institution. Furthermore, no new off -sale license shall be granted for any
building within 350 feet of any existing liquor store, pawn shop, licensed
currency exchange, or any business licensed under Section 1160 or 1165 of the
Hopkins City Code (Adult businesses.) For purposes of this ordinance, this
distance shall be a horizontal measurement from the nearest existing property
line of any church site, school site, day care site, or the site of any
existing liquor store, pawn shop, licensed currency exchange, or any business
licensed under Section 1160 or 1165 of the Hopkins City Code, to the nearest
property line of the proposed off -sale liquor site. (Added by Ord. 2003 -897)
1200.13. Special club licenses. Special club licenses shall be issued only
to incorporated clubs or congressionally chartered veterans' organizations
that have been in existence at least three years.
1200.15. Special license for Sunday sales. A special license authorizing
sales on Sunday in conjunction with the serving of food may be issued to any
hotel, restaurant, Bowling Center or club which has facilities for serving at
least 30 guests at one time, and which has an on -sale license.
1200.17. 3.2 percent malt liquor, on -sale. An on -sale 3.2 percent malt
liquor license may only be issued to drugstores, restaurants, hotels, clubs,
bowling centers where food is prepared and served for consumption on the
premises and in bona fide clubs, and shall permit the sale of beer for
consumption on the premises only.
1200.19. 3.2 percent malt liquor, off sale. Subdivision 1. A 3.2 percent
off -sale malt liquor license may be issued to permit the sale of beer in the
original packages for removal from and consumption off the premises only.
Subd. 2. Exemptions.
a. Any person licensed to sell intoxicating liquor at on -sale shall not
be required to obtain a 3.2 percent malt liquor on -sale and may sell
3.2 percent beer at on -sale without further license.
b. Any person licensed to sell intoxicating liquor at off -sale shall
not be required to obtain a 3.2 percent malt liquor off -sale license
and may sell 3.2 beer without further license.
1200.21. Temporary 3.2 percent malt liquor. A club or charitable,
religious, or nonprofit organization may be issued a temporary on -sale
license for the sale and consumption of 3.2 percent malt liquor. The
issuance of such license shall be made in accordance with city policy.
Section 1200 Page 3
Hopkins City Code (Revised April 1999) 1200.23
1200.23. Application for License. A person desiring any license for either
on -sale or off -sale of liquor, wine, or 3.2 percent malt liquor must file an
application in writing with the clerk in the form prescribed by the
commissioner and with such additional information as the council may require.
1200.25. Payment. Each application for a license shall be accompanied by
payment in full of the license fee and the investigation fee. Each license
shall be issued for a period of one year except that if the application is
made during the license year, then the license fee shall be one - fourth of the
fee for each three months or part thereof for the remainder of the license
year.
1200.28. Investigation/ Granting of License. The council shall cause
investigation to be made of all representation set forth in the application.
No license shall be issued, or renewed if the results show to the
satisfaction of the council that issuance would not be in the public
interest. Opportunity shall be given at a regular or special meeting of the
council to any person to be heard for or against the granting of any license.
After such investigation, the council shall grant or refuse such license in
its discretion provided that no off -sale, wine, or club license shall become
effective until it, together with the security furnished by the applicant has
the approval of the commissioner. The fee for such investigation shall be
set from time to time by resolution and shall be payable by the applicant
whether or not the license is granted.
1200.30. Refunds. No refund of any fee shall be made except as authorized
by statute.
1200.32. Proof of Financial Responsibility. No liquor license may be
issued, maintained, or renewed unless the applicant demonstrates proof of
financial responsibility as defined in Minnesota Statutes Section 340A.409
with regard to liability under the statutes, Section 340A.801. Such proof
shall be filed with the commissioner of public safety. Applicants for liquor
licenses to whom the requirement for proof of financial responsibility
applies include all applicants for wine and 3.2 percent malt liquor licenses.
Any liability insurance policy filed as proof of financial responsibility
under this subdivision shall conform to Minnesota Statutes Section 340A.409.
Temporary liquor license applicants shall provide aggregate limits of one
million dollars.
1200.34. Payment of Taxes and other Fees. Subdivision 1. No License
shall be granted for operation on any premises upon which state or city
taxes, assessments or other financial claims of the state or city are
delinquent and unpaid. Any existing license may be suspended or revoked
until such time that delinquent or unpaid tax or assessment, or other
financial claim is paid in full. At such time that all delinquent or unpaid
taxes or assessments or other financial claims are paid in full, a revoked or
suspended license shall be re- issued for the remainder of the license period
without additional application or payment by the licensee.
Subd. 2 Notwithstanding the foregoing, if the delinquent taxes,
assessments or other financial claims are against a landowner, and the
licensee is a tenant of the landowner and has no financial interest in the
landowner, then the City Council may, but shall not be required to, grant a
license to an applicant so long as the applicant is not delinquent on any
taxes, assessments or other financial claims as set forth herein.
Section 1200 Page 4
Hopkins City Code (Revised April 1999) 1200.36
1200.36. Posting. Licensed premises shall have the license posted in a
conspicuous place therein at all times.
1200.38. Renewal of License. Subdivision 1. Time for Renewal.
Applications for renewal of an existing license shall be made at least sixty
days prior to the date of the expiration of the license. If in the judgement
of the City Council, good and sufficient cause is shown by any applicant for
his failure to file a renewal application within the time prescribed, the
Council may never the less receive such application.
Subd. 2. License Renewal Investigation. All renewal applications,
which reflect a change of status, may be investigated for verification of the
matters set forth in the renewal application, which are updated since the
last application. If at the time of renewal, a change of the manager of the
premises is identified, the licensee shall pay a supplemental investigation
fee which will be set from time to time by resolution and shall be payable
whether or not the license is granted.
1200.40. Transfer of License. Subdivision 1. No license shall be
transferable between persons or to a different location. Any change in
individual ownership or substitution of partners will require application for
a new license. For a corporation, a transfer or sale of more than 10% of the
shares will also require a new license. A transfer of stock without prior
council approval and an investigation is a ground for revocation of the
license
Subd. 2. New licenses required under this section will require the
full investigation fee to be paid by the applicant. The license fee will be
pro -rated according to Subd. 13.
1200.42. Conditions of license. Subdivision 1. General rule. Licenses
granted under this section shall be granted subject to the following
conditions of this subsection, and subject to all other ordinances of the
city applicable thereto and to all regulations promulgated by the
commissioner applicable thereto.
Subd 2. Conduct. Every licensee shall be responsible for the conduct of
his licensed place of business and for conditions of sobriety and order
therein. No licensee shall keep, possess, or operate, or permit the keeping,
possession, or operation of, on the licensed premises, or in any room
adjoining the licensed premises, any slot machine, dice, or any gambling
device or apparatus, nor permit any gambling therein, except that which is
approved by state statute, nor permit the licensed premises or any room in
the same, or in any adjoining building, directly or indirectly under its
control to be used by prostitutes or other disorderly persons.
Subd. 3. Sales prohibited. No intoxicating wine, liquor or malt beverage
shall be sold or furnished for any purpose whatever to a person under the age
of 21 years, or to a habitual drunkard, or to a person under guardianship, or
to any person obviously intoxicated, or to any of the persons to whom sale is
prohibited by statute.
Section 1200 Page 5
Hopkins City Code Revised April 1999) 1200.42, Subd. 4
Subd. 4. Character. A license may not be issued to a person not a
citizen or resident alien of the United States and a licensee shall be of
good moral character and repute. A license may not be issued to any person
who shall hereafter be convicted of any willful violation of any law of the
United States or the State of Minnesota or of any local ordinance with regard
to the manufacture, sale, distribution or possession for sale or distribution
of intoxicating liquor, nor to any person whose license under this section
shall be revoked for any willful violation of any such laws or ordinances.
1200.44. Additional conditions of intoxicating liquor licenses and the
operation of licensed premises. Subdivision 1. The following acts or
conduct on licensed premises deemed and decreed to be contrary to public
welfare and morals and, therefore, no on sale liquor license shall be
operated, maintained or allowed at, in or on any premises where such acts or
conduct are permitted or tolerated. No licensee shall employ, permit or
encourage any person or employee in or on any such licensed premises in or
under any of the following circumstances:
a. while such employee or person is unclothed or in such attire,
costume or clothing as to expose any portion of the female breast below
the top of the areola, or any portion of the pubic hair, anus, cleft of
the buttocks, vulva or genitals; or
b. while such employee or person encourages or permits the wear or use
of any device or covering exposed to view which resembles or simulates
the breast, genitals, anus or other portion of the body above
mentioned; or
c. while such employee or person permits or encourages any person to
perform or simulate the performance of sexual intercourse, sodomy, oral
copulation, flagellation, masturbation /bestiality or other acts
prohibited by law; or
d. while such employee or person encourages or permits any person to
use artificial devices or inanimate objects to depict any of the
prohibited activities herein described; or
e. while such employee or person encourages or permits any person on
the licensed premises to touch, caress or fondle the breasts, buttocks,
anus or genitals of any other person; or
f. while such employee or person encourages or permits any of the
behavior, conditions or acts hereinabove set forth by any other person
or persons.
Section 1200 Page 6
City of Hopkins (Revised April 1999) 1200.11
Subd. 2. Whenever the term "person" is used in this section, it is
intended to mean and shall include but not be limited to, any host, hostess,
other employer or employee, customer or spectator and all provisions of this
section shall apply equally to both sexes.
1200.46. Hours of operation. Subdivision 1. No sale of 3.2 percent malt
liquor may be made between 1:00 a.m. and 8:00 a.m. on the days of Monday
through Saturday, nor between 1:00 a.m. and 12:00 noon on Sunday.
Subd.2. Intoxicating liquor; on -sale. No sale of intoxicating liquor for
consumption on the licensed premises may be made:
(1) between 1:00 a.m. and 8:00 a.m. on the days of Monday through
Saturday;
(2) after 1:00 a.m. on Sundays, except as provided by section 4, subd.
7.
Subd. 3. Intoxicating liquor; Sunday sales; on -sale. A licensee that
holds a special Sunday on -sale intoxicating liquor license may sell
intoxicating liquor for consumption on the premises in conjunction with the
sale of food between the hours of 10:00 a.m. on Sundays and 1:00 a.m. on
Mondays.
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 8:00 p.m. on Monday through Thursday and after 10:00 p.m. on
Friday and Saturday. An off -sale licensee 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.
4. on Thanksgiving Day;
5. on Christmas Day, December 25; or
6. after 8:00 p.m. on Christmas Eve, December 24.
1200.48. Evacuation of Licensed Premises. No licensed premises named in an
ON SALE Intoxicating Liquor License shall remain open for business more than
15 minutes after the closing time stated in section 4, subd. 26 of this
Ordinance. It is unlawful for a licensee or an employee of a licensee to
permit any person, other than a licensee or an employee, to remain on said
licensed premises more than 15 minutes after closing time. It is also
unlawful for any person, not a licensee or employee of a licensee, to remain
on said licensed premises more than 15 minutes after closing time. This
subsection does not apply to any restaurant as defined in MN Statute
340A.101, or to any premises holding a Club License.
1200.50. License Revocation or Suspension. MN Statute 340A.415, License
Revocation or Suspension, is adopted by reference.
Amended by Ord. 98 -819
Section 1200 Page 7
J uN dI040,5 113;01 LEHUUE UF- FIN CITIES
LMC
To:
Fax #:
From:
Subject
Terry Obermaier
952- 935 -1834
Susan Naughton
Liquor amendments
FAX TRANSMISSION
LEAGUE OF MINNESOTA CITIES
145 University Avenue West
St. Paul, MN 551
651- 281 -1200
Fax: 651- 281 -1296
P. 01/14
Date 6/2/03
Pages: /V, 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.)
J UIN k7G - GbbJ lb . JG LtHLUt Uh MN L 1 1 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 21 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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House File 5
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LtHUUt UI MN L l 1 1 tb V.0.5/14
Sec. 57. Minnesota Statutes 2002, section 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
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 b a notation on the •emit holder's •ermit.
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, i5
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 on -sale between the hours of 1:00 a.m. and 2:00 a.m. unless the
70.2 licensee has obtained a permit from the commissioner.
70.3 Application for the permit must be on a form the commissioner
70.4 rp escribes. Permits are effective for one year from date of
70.5 issuance. For retailers of intoxicating liquor, the fee for
the
70.6 permit is based on the licensee's gross receipts from on -sales
70.7 of alcoholic beverages in the 12 months prior 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 S100,000 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 S200.
70.17 (b) The commissioner shall dposit all permit fees received
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 tc the commissioner the
70.22 information necessary to administer and enforce this
subdivision.
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JUN - 02 -2003 16:02
• H.F No. 719, 3rd Engrossment
LEAGUE OF MN CITIES
Minnesota
House of Representatives
House ; Senate I Legislation 3: Bill Status Laws, St;itut & Rules Joint Dcrits. Commissions
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H.F 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, musical, dance,
1.19 or literary 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 S 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
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H.F No. 719, 3rd Engrossment
2.14
2.15
2.16
2.17
2.18
2.19
2.20
2.21
2.22
2.23
2.24
2.25
2.26
2.27
2.28
2.29
2.30
2.31
2.32
2.33
2.34
2.35
2.36
3.1
3.2
3.3
3.4
3.5
3.6
3.7
3.8
3.9
3.10
3.11
3.12
3.13
3.14
3.15
3.16
3.17
3.18
3.19
3.20
3.21
3.22
3.23 cn romeved a -1a: Notwithstanding section 340A.405,
3.24 a brewer who holds an on -sale license issued pursuant to this
3.25 paragraph may, with the approval of the commissioner, be issued
3.26 a license by a municipality for off -sale of malt liquor produced
3.27 and packaged on the licensed premises. Off -sale of malt liquor
3.28 shall be limited to the legal hours for off -sale at exclusive
3.29 liquor stores in the jurisdiction in which the brewer is
3.30 located, and the malt liquor sold off -sale must be removed from
3.31 the - premises before the applicable off -sale closing time at
3.32 exclusive liquor stores. The malt liquor shall be packaged in
3.33 64 -ounce containers commonly known as "growlers." The
3.34 containers shall bear a twist type closure, cork, stopper, or
3.35 plug. At the time of the sale, a paper or plastic adhesive
3.36 band, strip, or sleeve shall be aPplied co the container and
4.1 extend over the top of the twist type closure, cork, stopper __
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. EINTEREST 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.
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H.F No. 719, 3rd Engrossment
4.2 plug 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 •er ear, •rovided that off -sales ma 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
4.31 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,
S_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;
5.2? (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 4.ay 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 organization 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, 6awi the State Theatre, and the Historic Pentacles
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 premises owned by 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, 'and 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
8.1.4 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
8.31 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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9.2 (1) clubs, or congressionally chartered veterans
9.3 organizations;
9.4 (2) restaurants
9.5 ahiptax 444;
9.6 (3) establishments that are issued licenses to sell wine
9.7 under section 340A.404, subdivision 5; and
9.8 (4) theaters that are issued licenses under section
9.9 340A.404e.- 44abs7a_vi_c n ;.1
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 Z.40 2:00 a.m. and 8:00
9.16 a.m. on the days of Monday through Saturday, nor between Z�A
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 3.:-0 2:00 a.m. and 8:00 a.m. on the days of
9.31 Monday through Saturday;
9.32 (2) after 14.34 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 -.L130 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 1:.44 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
JuN -02 -2003 16:05 LEAGUE OF MN CITIES
H.F No. 719, 3rd Engrossment
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 4.4Q414.6.66. retail licensees and
11.6 municipal liquor stores may provide, or permit a licensed
11.7 manufacturer or a wholesaler or its accents to provide on the
11.8 premises of the retail licensee or municipal liquor store,
11.9 samples of wine, liqueurs, cordials, and distilled
31.10 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
11.14 dispensed at no charge and consumed on the licensed premises
11.15 during the permitted hours of of - calo sale in a quantity less
11.16 than • • - - __ - 50
11.17 milliliters of wine per variety per customer, 25 milliliters of
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 SURALISUED.8Qa.SAMPLUIG SAMPLES
11.23 AUTHORIZED.] (a) Notwithstanding section 340A.308,
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 - 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
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12.14 the sampling, which contains (i) the name and address of the
12.15 retailer conducting the sampling, (ii) the maximum amount of
12.16 malt liquor hw. aa.g 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
32.26 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 `
12.31 • Sec. 15. Minnesota Statutes 2002, section 340A_511, is
22.32 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. A11
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 may 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; Oh -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 A11 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 intoxicating li• or license in addition to the number authorized
14.19 b law. All
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 maY 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 WOODBURY; 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. [ELICO 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 only_to 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 St_ 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,
rovisions
Minnesota
Statutes
ter 340A
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15.26 chaser 340A, not inconsistent herewith, apply, to 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, grapejuice, other fruit bases, other
15.32 juices, and honey
15.33 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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