HF 1510

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:51am

A bill for an act
relating to alcohol; clarifying that public facilities may allow noncommercial
alcohol use without licenses; amending Minnesota Statutes 2008, sections
340A.101, by adding a subdivision; 340A.401; 340A.414, subdivision 1.

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

Section 1.

Minnesota Statutes 2008, section 340A.101, is amended by adding a
subdivision to read:

new text begin Subd. 31. new text end

new text begin Public facility. new text end

new text begin "Public facility" is a park, community center, or other
accommodation or facility owned or managed by or on behalf of a subdivision of the state,
including any county, city, town, township, or independent district of the state.
new text end

Sec. 2.

Minnesota Statutes 2008, section 340A.401, is amended to read:

340A.401 LICENSE REQUIRED.

Except as provided in this chapter, no person may directly or indirectly, on any
pretense or by any device, sell, barter, keep for sale, charge for possession, or otherwise
dispose of alcoholic beverages as part of a commercial transaction without having
obtained the required license or permit. new text begin Rental of or permission to use a public facility is
not a commercial transaction for the purposes of this chapter.
new text end

Sec. 3.

Minnesota Statutes 2008, section 340A.414, subdivision 1, is amended to read:

Subdivision 1.

Permit required.

No business establishment or club which does
not hold an on-sale intoxicating liquor license may directly or indirectly allow the
consumption and display of alcoholic beverages or knowingly serve any liquid for the
purpose of mixing with intoxicating liquor without first having obtained a permit from the
commissioner. new text begin Rental of a public facility does not make a subdivision nor the facility a
"business establishment" for the purposes of this chapter.
new text end