HF 1818

as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to alcoholic beverages; establishing an 
  1.3             alcohol compliance grant program; imposing minimum 
  1.4             civil and license penalties for underage sale 
  1.5             violations; requiring certain reports; appropriating 
  1.6             money; amending Minnesota Statutes 2000, section 
  1.7             340A.415; proposing coding for new law in Minnesota 
  1.8             Statutes, chapter 299L.  
  1.9   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.10     Section 1.  [299L.09] [ALCOHOL COMPLIANCE CHECKS.] 
  1.11     The commissioner may award grants to local units of 
  1.12  government to (1) conduct compliance checks for alcoholic 
  1.13  beverage retailers to determine their compliance with section 
  1.14  340A.503, and (2) enforce section 340A.503 on and along 
  1.15  waterways and in state parks.  The commissioner shall establish 
  1.16  requirements for grant recipients governing the minimum number 
  1.17  of compliance checks required and the time frame within which 
  1.18  the checks must be conducted based on the grant amount.  A 
  1.19  recipient of a grant under this section must report to the 
  1.20  commissioner by December 1 of each year on the use of the grant 
  1.21  in the preceding 12 months, including information on compliance 
  1.22  checks conducted and legal actions taken as a result of underage 
  1.23  sale, possession, or consumption. 
  1.24     Sec. 2.  Minnesota Statutes 2000, section 340A.415, is 
  1.25  amended to read: 
  1.26     340A.415 [LICENSE REVOCATION OR SUSPENSION; CIVIL PENALTY.] 
  1.27     (a) On a finding that the license or permit holder has (1) 
  2.1   sold alcoholic beverages to another retail licensee for the 
  2.2   purpose of resale, (2) purchased alcoholic beverages from 
  2.3   another retail licensee for the purpose of resale, (3) conducted 
  2.4   or permitted the conduct of gambling on the licensed premises in 
  2.5   violation of the law, (4) failed to remove or dispose of 
  2.6   alcoholic beverages when ordered by the commissioner to do so 
  2.7   under section 340A.508, subdivision 3, or (5) failed to comply 
  2.8   with an applicable statute, rule, or ordinance relating to 
  2.9   alcoholic beverages, the commissioner or the authority issuing a 
  2.10  retail license or permit under this chapter may revoke the 
  2.11  license or permit, suspend the license or permit for up to 60 
  2.12  days, impose a civil penalty of up to $2,000 for each violation, 
  2.13  or impose any combination of these sanctions.  
  2.14     (b) On a finding that a license or permit holder has 
  2.15  violated section 340A.503, the commissioner or the authority 
  2.16  issuing the license shall impose a civil penalty as follows: 
  2.17     (1) For a violation not preceded by a prior such violation 
  2.18  within the previous 24 months, a civil penalty of not less than 
  2.19  $300. 
  2.20     (2) For a violation preceded by one other such violation 
  2.21  within the previous 24 months, a civil penalty of not less than 
  2.22  $500. 
  2.23     (3) For a violation preceded by two or more such violations 
  2.24  within the previous 24 months, a civil penalty of not less than 
  2.25  $500 and a license or permit suspension of not less than three 
  2.26  days. 
  2.27     (c) No suspension or revocation takes effect until the 
  2.28  license or permit holder has been given an opportunity for a 
  2.29  hearing under sections 14.57 to 14.69 of the Administrative 
  2.30  Procedure Act.  This section does not require a political 
  2.31  subdivision to conduct the hearing before an employee of the 
  2.32  office of administrative hearings.  
  2.33     (d) Imposition of a penalty or suspension by either the 
  2.34  issuing authority or the commissioner does not preclude 
  2.35  imposition of an additional penalty or suspension by the other 
  2.36  so long as the total penalty or suspension does not exceed the 
  3.1   stated maximum.  Imposition of a civil penalty under paragraph 
  3.2   (b), clause (1) or (2), does not preclude imposition of a 
  3.3   license or permit suspension or revocation for the same 
  3.4   violation.  Imposition of a civil penalty under paragraph (b), 
  3.5   clause (3), does not preclude imposition of a license or permit 
  3.6   revocation for the same violation. 
  3.7      Sec. 3. [APPROPRIATIONS.] 
  3.8      Subdivision 1.  [GRANT PROGRAM.] $150,000 in fiscal year 
  3.9   2002 and $150,000 in fiscal year 2003 is appropriated from the 
  3.10  general fund to the commissioner of public safety for the grant 
  3.11  program established in section 1.  The commissioner may use up 
  3.12  to ... percent of this appropriation each year for 
  3.13  administrative expenses related to the grant program. 
  3.14     Subd. 2.  [ALCOHOL DATABASE.] $75,000 in fiscal year 2002 
  3.15  and $75,000 in fiscal year 2003 is appropriated from the general 
  3.16  fund to the commissioner of public safety for creation and 
  3.17  maintenance of a database to collect the results of compliance 
  3.18  checks conducted by the state and local units of government. 
  3.19     Sec. 4.  [REPORTS.] 
  3.20     (a) By January 15, 2004, the commissioner of public safety 
  3.21  shall report to the chairs and ranking minority members of the 
  3.22  legislative committees having jurisdiction over criminal justice 
  3.23  funding on grants awarded under section 1. 
  3.24     (b) By January 15, 2004, the commissioner of public safety 
  3.25  shall report to the chairs and ranking minority members of the 
  3.26  legislative committees having jurisdiction over criminal justice 
  3.27  funding on the results of liquor law compliance in Minnesota. 
  3.28     Sec. 5. [EFFECTIVE DATE.] 
  3.29     Sections 1, 3, and 4 are effective July 1, 2001.  Section 2 
  3.30  is effective August 1, 2001, and applies to violations committed 
  3.31  on and after that date.