HF 1289

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

  1.1                          A bill for an act 
  1.2             relating to liquor; providing minimum mandatory civil 
  1.3             penalties for sale of alcoholic beverages to persons 
  1.4             under 21 years of age; increasing the criminal penalty 
  1.5             for providing alcoholic beverages to underage persons 
  1.6             under certain circumstances; providing for a minimum 
  1.7             fine for purchase of alcoholic beverages by a person 
  1.8             under 21 years of age; authorizing grants for liquor 
  1.9             law compliance checks; appropriating money; amending 
  1.10            Minnesota Statutes 1998, sections 340A.415; 340A.701, 
  1.11            subdivision 1; and 340A.703; proposing coding for new 
  1.12            law in Minnesota Statutes, chapter 299L. 
  1.13  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.14     Section 1.  [299L.09] [LIQUOR LAW COMPLIANCE CHECK GRANT 
  1.15  PROGRAM.] 
  1.16     The commissioner may award grants to local units of 
  1.17  government to conduct compliance checks for on-sale and off-sale 
  1.18  intoxicating liquor license holders.  The compliance checks must 
  1.19  determine whether the license holder is complying with section 
  1.20  340A.503.  The commissioner shall establish requirements for 
  1.21  grant recipients regarding the minimum number of compliance 
  1.22  checks required and the time frame within which the checks must 
  1.23  be conducted based on the amount of the grant.  By December 1 of 
  1.24  each year, grant recipients shall report to the commissioner on 
  1.25  how grant money was used, including information on compliance 
  1.26  checks conducted in the preceding 12 months. 
  1.27     Sec. 2.  Minnesota Statutes 1998, section 340A.415, is 
  1.28  amended to read: 
  1.29     340A.415 [LICENSE REVOCATION OR SUSPENSION; CIVIL PENALTY.] 
  2.1      Subdivision 1.  [GENERALLY.] On a finding that the license 
  2.2   or permit holder has (1) sold alcoholic beverages to another 
  2.3   retail licensee for the purpose of resale, (2) purchased 
  2.4   alcoholic beverages from another retail licensee for the purpose 
  2.5   of resale, (3) conducted or permitted the conduct of gambling on 
  2.6   the licensed premises in violation of the law, (4) failed to 
  2.7   remove or dispose of alcoholic beverages when ordered by the 
  2.8   commissioner to do so under section 340A.508, subdivision 3, or 
  2.9   (5) failed to comply with an applicable statute, rule, or 
  2.10  ordinance relating to alcoholic beverages, the commissioner or 
  2.11  the authority issuing a retail license or permit under this 
  2.12  chapter may revoke the license or permit, suspend the license or 
  2.13  permit for up to 60 days, impose a civil penalty of up to $2,000 
  2.14  for each violation, or impose any combination of these 
  2.15  sanctions.  No suspension or revocation takes effect until the 
  2.16  license or permit holder has been given an opportunity for a 
  2.17  hearing under sections 14.57 to 14.69 of the Administrative 
  2.18  Procedure Act.  This section does not require a political 
  2.19  subdivision to conduct the hearing before an employee of the of 
  2.20  administrative hearings.  Imposition of a penalty or suspension 
  2.21  by either the issuing authority or the commissioner does not 
  2.22  preclude imposition of an additional penalty or suspension by 
  2.23  the other so long as the total penalty or suspension does not 
  2.24  exceed the stated maximum.  
  2.25     Subd. 2.  [MANDATORY PENALTIES; SALE TO PERSONS UNDER 
  2.26  21.] (a) A licensee who violates section 340A.503 shall be 
  2.27  charged a civil penalty of at least $250.  A civil penalty of at 
  2.28  least $500 must be imposed for a second violation at the same 
  2.29  location within 24 months after the initial violation.  For a 
  2.30  third violation at the same location within 24 months after the 
  2.31  initial violation, a civil penalty of at least $500 must be 
  2.32  imposed, and the licensee's authority to sell alcoholic 
  2.33  beverages at that location must be suspended for not less than 
  2.34  three days.  No suspension or penalty may take effect until the 
  2.35  licensee has been given an opportunity for a hearing as provided 
  2.36  in subdivision 1. 
  3.1      (b) An individual who sells alcoholic beverages to a person 
  3.2   under the age of 21 years must be charged a civil penalty of at 
  3.3   least $50.  No penalty may be imposed until the individual has 
  3.4   been given an opportunity for a hearing as provided in 
  3.5   subdivision 1. 
  3.6      Sec. 3.  Minnesota Statutes 1998, section 340A.701, 
  3.7   subdivision 1, is amended to read: 
  3.8      Subdivision 1.  [UNLAWFUL ACTS.] It is a felony: 
  3.9      (1) to manufacture alcoholic beverages in violation of this 
  3.10  chapter; 
  3.11     (2) to transport or import alcoholic beverages into the 
  3.12  state in violation of this chapter for purposes of resale; or 
  3.13     (3) to sell or give away for beverage purposes poisonous 
  3.14  alcohol, methyl alcohol, denatured alcohol, denaturing material, 
  3.15  or any other alcoholic substance capable of causing serious 
  3.16  physical or mental injuries to a person consuming it; or 
  3.17     (4) for a person other than a licensed retailer of 
  3.18  alcoholic beverages, a bottle club permit holder, a municipal 
  3.19  liquor store, or an employee or agent of any of these who is 
  3.20  acting within the scope of employment, to violate the provisions 
  3.21  of section 340A.503, subdivision 2, clause (1), by selling, 
  3.22  bartering, furnishing, or giving alcoholic beverages to a person 
  3.23  under 21 years of age if the underage purchaser of the alcoholic 
  3.24  beverage that person becomes intoxicated and causes or suffers 
  3.25  death or great bodily harm as a result of the intoxication. 
  3.26     Sec. 4.  Minnesota Statutes 1998, section 340A.703, is 
  3.27  amended to read: 
  3.28     340A.703 [MISDEMEANORS.] 
  3.29     Where no other penalty is specified a violation of any 
  3.30  provision of this chapter is a misdemeanor.  A minimum fine of 
  3.31  $100 must be assessed against a person under the age of 21 years 
  3.32  who violates section 340A.503. 
  3.33     Sec. 5.  [REQUIRED REPORT.] 
  3.34     By January 15, 2002, the commissioner of public safety 
  3.35  shall report to the chairs and ranking minority members of the 
  3.36  senate and house committees and divisions having jurisdiction 
  4.1   over criminal justice funding on the liquor law compliance check 
  4.2   grants awarded under Minnesota Statutes, section 299L.09. 
  4.3      Sec. 6.  [APPROPRIATION.] 
  4.4      $....... is appropriated for the fiscal year ending June 
  4.5   30, 2000, and $....... is appropriated for the fiscal year 
  4.6   ending June 30, 2001, from the general fund to the commissioner 
  4.7   of public safety to make the liquor law compliance check grants 
  4.8   authorized in Minnesota Statutes, section 299L.09. 
  4.9      Sec. 7.  [EFFECTIVE DATE.] 
  4.10     Sections 2 and 4 are effective the day following final 
  4.11  enactment.  Section 3 is effective August 1, 1999, and applies 
  4.12  to crimes committed on or after that date.