HF 266

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to alcoholic beverages; regulating hours of 
  1.3             sale; amending Minnesota Statutes 1998, sections 
  1.4             340A.504, subdivisions 1, 2, 3, 5, and 6; and 340A.509.
  1.5   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.6      Section 1.  Minnesota Statutes 1998, section 340A.504, 
  1.7   subdivision 1, is amended to read: 
  1.8      Subdivision 1.  [3.2 PERCENT MALT LIQUOR.] (a) No sale 
  1.9   off-sale of 3.2 percent malt liquor may be made between 1:00 
  1.10  a.m. and 8:00 a.m. on the days of Monday through Saturday, nor 
  1.11  between 1:00 a.m. and 12:00 noon on Sunday, provided that an 
  1.12  establishment located on land owned by the metropolitan sports 
  1.13  commission, or the sports arena for which one or more licenses 
  1.14  have been issued under section 340A.404, subdivision 2, 
  1.15  paragraph (c), may sell 3.2 percent malt liquor between 10:00 
  1.16  a.m. and 12:00 noon on a Sunday on which a sports or other event 
  1.17  is scheduled to begin at that location on or before 1:00 p.m. of 
  1.18  that day. 
  1.19     (b) No on-sale of 3.2 percent malt liquor may be made at 
  1.20  any time when the on-sale of intoxicating liquor is prohibited 
  1.21  under subdivision 2. 
  1.22     Sec. 2.  Minnesota Statutes 1998, section 340A.504, 
  1.23  subdivision 2, is amended to read: 
  1.24     Subd. 2.  [INTOXICATING LIQUOR; ON-SALE.] No sale of 
  1.25  intoxicating liquor for consumption on the licensed premises may 
  2.1   be made: 
  2.2      (1) between 1:00 2:00 a.m. and 8:00 6:00 a.m. on the days 
  2.3   of Monday through Saturday Friday; or 
  2.4      (2) after 1:00 a.m. on Sundays, except as provided by 
  2.5   subdivision 3 between 2:30 a.m. and 6:00 a.m. on the days of 
  2.6   Saturday and Sunday. 
  2.7      Sec. 3.  Minnesota Statutes 1998, section 340A.504, 
  2.8   subdivision 3, is amended to read: 
  2.9      Subd. 3.  [INTOXICATING LIQUOR; SUNDAY SALES; ON-SALE.] (a) 
  2.10  A restaurant, club, bowling center, or hotel with a seating 
  2.11  capacity for at least 30 persons and which holds an on-sale 
  2.12  intoxicating liquor license may sell intoxicating liquor for 
  2.13  consumption on the premises in conjunction with the sale of food 
  2.14  between the hours of 12:00 noon 6:00 a.m. on Sundays and 1:00 
  2.15  2:00 a.m. on Mondays. 
  2.16     (b) The governing body of a municipality may after one 
  2.17  public hearing by ordinance permit a restaurant, hotel, bowling 
  2.18  center, or club to sell alcoholic beverages for consumption on 
  2.19  the premises in conjunction with the sale of food between the 
  2.20  hours of 10:00 a.m. on Sundays and 1:00 a.m. on Mondays, 
  2.21  provided that the licensee is in conformance with the Minnesota 
  2.22  Clean Air Act. 
  2.23     (c) An establishment serving intoxicating liquor on Sundays 
  2.24  must obtain a Sunday license.  The license must be issued by the 
  2.25  governing body of the municipality for a period of one year, and 
  2.26  the fee for the license may not exceed $200. 
  2.27     (d) (c) A city may issue a Sunday intoxicating liquor 
  2.28  license only if authorized to do so by the voters of the city 
  2.29  voting on the question at a general or special election.  A 
  2.30  county may issue a Sunday intoxicating liquor license in a town 
  2.31  only if authorized to do so by the voters of the town as 
  2.32  provided in paragraph (e) (d).  A county may issue a Sunday 
  2.33  intoxicating liquor license in unorganized territory only if 
  2.34  authorized to do so by the voters of the election precinct that 
  2.35  contains the licensed premises, voting on the question at a 
  2.36  general or special election. 
  3.1      (e) (d) An election conducted in a town on the question of 
  3.2   the issuance by the county of Sunday sales licenses to 
  3.3   establishments located in the town must be held on the day of 
  3.4   the annual election of town officers. 
  3.5      (f) (e) Voter approval is not required for licenses issued 
  3.6   by the metropolitan airports commission or common carrier 
  3.7   licenses issued by the commissioner.  Common carriers serving 
  3.8   intoxicating liquor on Sunday must obtain a Sunday license from 
  3.9   the commissioner at an annual fee of $50, plus $20 for each 
  3.10  duplicate.  
  3.11     Sec. 4.  Minnesota Statutes 1998, section 340A.504, 
  3.12  subdivision 5, is amended to read: 
  3.13     Subd. 5.  [BOTTLE CLUBS.] No establishment licensed under 
  3.14  section 340A.414, may permit a person to consume or display 
  3.15  intoxicating liquor, and no person may consume or display 
  3.16  intoxicating liquor between 1:00 a.m. and 12:00 noon on Sundays, 
  3.17  and between 1:00 a.m. and 8:00 a.m. on Monday through 
  3.18  Saturday during hours when on-sales are prohibited under 
  3.19  subdivision 2. 
  3.20     Sec. 5.  Minnesota Statutes 1998, section 340A.504, 
  3.21  subdivision 6, is amended to read: 
  3.22     Subd. 6.  [MUNICIPALITIES MAY LIMIT HOURS.] A municipality 
  3.23  may further limit the hours of sale off-sale of alcoholic 
  3.24  beverages, provided that further restricted hours must apply 
  3.25  equally to sales of 3.2 percent malt liquor and intoxicating 
  3.26  liquor.  A city may not permit the sale of alcoholic beverages 
  3.27  during hours when the sale is prohibited by this section.  
  3.28     Sec. 6.  Minnesota Statutes 1998, section 340A.509, is 
  3.29  amended to read: 
  3.30     340A.509 [LOCAL RESTRICTIONS.] 
  3.31     A local authority may impose further restrictions and 
  3.32  regulations on the sale and possession of alcoholic beverages 
  3.33  within its limits, except that a local authority may not further 
  3.34  restrict the hours of on-sales provided in section 340A.504, 
  3.35  subdivision 2.