HF 1459

as introduced - 87th Legislature (2011 - 2012) Posted on 04/14/2011 10:57am

A bill for an act
relating to alcohol; modifying Minnesota State University, Moorhead, license
restrictions; amending Minnesota Statutes 2010, section 340A.412, subdivision 4.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2010, section 340A.412, subdivision 4, is amended to
read:

Subd. 4.

Licenses prohibited in certain areas.

(a) No license to sell intoxicating
liquor may be issued within the following areas:

(1) where restricted against commercial use through zoning ordinances and other
proceedings or legal processes regularly had for that purpose, except licenses may be
issued to restaurants in areas which were restricted against commercial uses after the
establishment of the restaurant;

(2) within the Capitol or on the Capitol grounds, except as provided under Laws
1983, chapter 259, section 9, or Laws 1999, chapter 202, section 13;

(3) on the State Fairgrounds, except as provided under section 37.21, subdivision 2;

(4) on the campus of the College of Agriculture of the University of Minnesota;

(5) within 1,000 feet of a state hospital, training school, reformatory, prison, or other
institution under the supervision or control, in whole or in part, of the commissioner of
human services or the commissioner of corrections;

(6) in a town or municipality in which a majority of votes at the last election
at which the question of license was voted upon were not in favor of license under
section 340A.416, or within one-half mile of any such town or municipality, except that
intoxicating liquor manufactured within this radius may be sold to be consumed outside it;

(7) within 1,500 feet of a state university, except that:

(i) the minimum distance in the case of Winona and Southwest State University is
1,200 feet, measured by a direct line from the nearest corner of the administration building
to the main entrance of the licensed establishment;

(ii) within 1,500 feet of St. Cloud State University one on-sale wine and two off-sale
intoxicating liquor licenses may be issued, measured by a direct line from the nearest
corner of the administration building to the main entrance of the licensed establishment;

(iii) at Mankato State University the distance is measured from the front door of
the student union of the Highland campus;

(iv) a temporary license under section 340A.404, subdivision 10, may be issued to
a location on the grounds of a state university for an event sponsored or approved by
the state university; deleted text begin and
deleted text end

(v) this restriction does not apply to the area surrounding the premises of
Metropolitan State University in Minneapolis; and

new text begin (vi) at Minnesota State University, Moorhead, the distance is measured from any
point along the property line of the university abutting the right-of-way of the public
streets that form the primary campus boundary beginning at the intersection of Sixth
Avenue South and Eleventh Street South, then southerly along Eleventh Street South to
Ninth Avenue South, then easterly along Ninth Avenue South to Twentieth Street South,
then northerly along Twentieth Street South to Sixth Avenue South, then westerly along
Sixth Avenue South to the beginning point; and
new text end

(8) within 1,500 feet of any public school that is not within a city.

(b) The restrictions of this subdivision do not apply to a manufacturer or wholesaler
of intoxicating liquor or to a drugstore or to a person who had a license originally issued
lawfully prior to July 1, 1967.