HF 1854

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to liquor; regulating advertising; banning free drinks and other
promotional tools of retailers; amending Minnesota Statutes 2006, section
340A.507, by adding a subdivision; proposing coding for new law in Minnesota
Statutes, chapter 340A.

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

Section 1.

Minnesota Statutes 2006, section 340A.507, is amended by adding a
subdivision to read:

new text begin Subd. 5. new text end

new text begin Promotion of excessive drinking banned. new text end

new text begin No manufacturer, wholesaler,
or retailer of alcoholic beverages may advertise or promote:
new text end

new text begin (1) the provision of free alcohol;
new text end

new text begin (2) periods of free or low-cost unlimited consumption of alcoholic beverages; or
new text end

new text begin (3) periods of excessive drinking by patrons.
new text end

Sec. 2.

new text begin [340A.5072] RESTRICTIONS ON SERVICE.
new text end

new text begin Subdivision 1. new text end

new text begin Continuous restrictions. new text end

new text begin No retail licensee, employee, or agent
of a licensee shall:
new text end

new text begin (1) offer or deliver any free drinks to any person or groups of persons;
new text end

new text begin (2) deliver three or more drinks to any one person at a time, except that this provision
does not prohibit selling wine by bottle or carafe;
new text end

new text begin (3) sell, offer to sell, or deliver malt beverages or mixed drinks by pitcher except to
two or more persons at one time; or
new text end

new text begin (4) encourage or permit games or contests on the licensed premises which involve
drinking, award prizes based on alcohol consumption, or award prizes of alcohol.
new text end

new text begin Subd. 2. new text end

new text begin Closing time restrictions. new text end

new text begin On any date before 8:00 a.m. and after 10:00
p.m., a retail licensee or employee or agent of the licensee may not:
new text end

new text begin (1) serve two or more drinks of alcoholic beverages at one time to one individual
for consumption by that individual, except this subdivision does not prohibit serving
wine by the bottle or carafe;
new text end

new text begin (2) sell, offer to sell, or serve to any individual an unlimited number of drinks of
alcoholic beverages during any set period of time for a fixed price, except at private
functions not open to the general public;
new text end

new text begin (3) increase the volume of alcoholic beverage contained in a drink or the size of
a drink of alcoholic beverages without increasing proportionately the price regularly
charged for the drink on that day;
new text end

new text begin (4) serve any drink of alcoholic beverage for no charge or reduced price based on a
characteristic of a customer or until a certain time or event; or
new text end

new text begin (5) advertise or promote in any way, whether on or off the licensed premises, any of
the practices prohibited in this subdivision.
new text end

new text begin Subd. 3. new text end

new text begin Exemptions. new text end

new text begin Nothing in this section or section 340A.507, subdivision 5,
prohibits a licensee from:
new text end

new text begin (1) offering free food or entertainment at any time;
new text end

new text begin (2) including drinks of alcoholic beverages as part of a meal package;
new text end

new text begin (3) including drinks of alcoholic beverages as part of a hotel package;
new text end

new text begin (4) negotiating drinks of alcoholic beverages as part of a contract between a hotel
or multiuse establishment and another group for the holding of any function, meeting,
convention, or trade show;
new text end

new text begin (5) providing room service to persons renting rooms at a hotel;
new text end

new text begin (6) selling pitchers, buckets, carafes, or bottles of alcoholic beverages that are
customarily sold in this manner and delivered to two or more individuals at one time;
new text end

new text begin (7) increasing prices of drinks of alcoholic beverages in lieu of, in whole or in part, a
cover charge to offset the cost of special entertainment not regularly scheduled; or
new text end

new text begin (8) advertising or conducting wine or beer tastings that are otherwise legal.
new text end

new text begin Subd. 4. new text end

new text begin Penalties. new text end

new text begin Violation of this section is grounds for suspension or revocation
of the retailers license.
new text end