HF 4284

as introduced - 91st Legislature (2019 - 2020) Posted on 03/11/2020 03:05pm

A bill for an act
relating to liquor; modifying off-sale requirements and provisions relating to malt
liquor; amending Minnesota Statutes 2018, sections 340A.24, subdivision 2;
340A.28; 340A.285.

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

Section 1.

Minnesota Statutes 2018, section 340A.24, subdivision 2, is amended to read:

Subd. 2.

Off-sale license.

Notwithstanding section 340A.405, a brew pub that holds an
on-sale license issued pursuant to this section 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 new text begin in packaging of an aggregate volume not to exceed 384 ounces per
customer per day for a brewer that brews 3,500 barrels or less of malt liquor annually new text end .
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 brew pub 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, except that malt liquor in growlers only may be sold at off-sale on Sundays.
Sunday sales must be approved by the licensing jurisdiction and hours may be established
by those jurisdictions. Packaging of malt liquor for off-sale under this subdivision must
comply with section 340A.285.

Sec. 2.

Minnesota Statutes 2018, section 340A.28, is amended to read:

340A.28 deleted text begin SMALL deleted text end BREWER OFF-SALE.

Subdivision 1.

License; limitations.

A brewer licensed under section 340A.301,
subdivision 6, clause (c), (i), or (j), may be issued a license by a municipality for off-sale
of malt liquor at its licensed premises that has been produced and packaged by the brewer new text begin
in packaging of an aggregate volume not to exceed 384 ounces per customer per day for a
brewer that brews more than 80,000 barrels of malt liquor annually or 768 ounces per
customer per day for a brewer that brews 80,000 barrels or less of malt liquor annually new text end . The
license must be approved by the commissioner. A brewer may only have one license under
this subdivision. The amount of malt liquor sold at off-sale may not exceed 750 barrels
annually. 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, except that malt liquor in growlers only may be sold at off-sale on
Sundays. Sunday sales must be approved by the licensing jurisdiction and hours may be
established by those jurisdictions. Packaging of malt liquor for off-sale under this subdivision
must comply with section 340A.285.

Subd. 2.

Prohibition.

A municipality may not issue a license under this section to a
brewer if the brewer seeking the license, or any person having an economic interest in the
brewer seeking the license or exercising control over the brewer seeking the license, is deleted text begin a
brewer that brews more than 20,000 barrels of its own brands of malt liquor annually or deleted text end a
winery that produces more than 250,000 gallons of wine annually.

Subd. 3.

Fee.

The municipality shall impose a licensing fee on a brewer holding a license
under this subdivision, subject to limitations applicable to license fees under section
340A.408, subdivision 3, paragraph (a).

Sec. 3.

Minnesota Statutes 2018, section 340A.285, is amended to read:

340A.285 deleted text begin GROWLERS deleted text end new text begin PACKAGING new text end .

(a) Malt liquor authorized for off-sale pursuant to section 340A.24 or 340A.28 shall be
packaged in deleted text begin 64-ounce containers commonly known as "growlers" or in 750 milliliter bottles.
The containers or bottles deleted text end new text begin any container sized between 350 milliliters and two liters that is
in compliance with the provisions of Minnesota Rules, parts 7515.1080 to 7515.1120.
Packaging new text end shall deleted text begin bear a deleted text end new text begin be sealed by a seam, new text end twist-type closure, cork, stopper, or plug deleted text begin . deleted text end new text begin and, new text end
at the time of sale, new text begin any resealable packaging shall bear new text end a paper or plastic deleted text begin adhesive deleted text end band,
strip, or sleeve deleted text begin shall be deleted text end applied to the deleted text begin container or bottle deleted text end new text begin packaging new text end and extended over the
top of the twist-type closure, cork, stopper, or plug forming a seal that must be broken upon
opening the deleted text begin container or bottle. The adhesive band, strip, or sleeve shall bear the name and
address of the brewer. The containers or bottles deleted text end new text begin packaging. Packaging new text end shall be identified
as malt liquor, contain the name of the malt liquor, bear the name and address of the brew
pub or brewer selling the malt liquor, and shall be considered intoxicating liquor unless the
alcoholic content is labeled as otherwise in accordance with the provisions of Minnesota
Rules, part 7515.1100.

(b) A brew pub or brewer may, but is not required to, refill any new text begin 64-ounce new text end container new text begin
commonly known as a "growler" new text end or new text begin 750 milliliter new text end bottle with malt liquor for off-sale at the
request of the customer. A brew pub or brewer refilling a container or bottle must do so at
its licensed premises and the container or bottle must be filled at the tap at the time of sale.
A container or bottle refilled under this paragraph must be sealed and labeled in the manner
described in paragraph (a).