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HF 2021

as introduced - 92nd Legislature (2021 - 2022) Posted on 03/08/2021 02:25pm

KEY: stricken = removed, old language.
underscored = added, new language.
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Current Version - as introduced

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3.1

A bill for an act
 relating to liquor; allowing off-sales of alcoholic beverages by certain on-sale
licensees during the COVID-19 peacetime emergency; amending Laws 2020,
chapter 75, section 1.

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

Section 1.

Laws 2020, chapter 75, section 1, is amended to read:


Section 1. LIMITED OFF-SALE FOR RESTAURANTS CLOSED BY EXECUTIVE
ORDER.

(a) A qualifying licensee may offer off-sales of malt liquor, hard seltzer, cider, deleted text begin anddeleted text end winenew text begin ,
and cocktailsnew text end with a prepared food take-out order, without obtaining an additional license,
subject to the following limitations:

(1) any sale of malt liquor, hard seltzer, cider, deleted text begin anddeleted text end winenew text begin , and cocktailsnew text end is made in
conjunction with and is incidental to the sale of prepared food for take-out;

(2) the alcoholic beverages new text begin other than cocktails new text end are sold in their original, unopened
packaging;

new text begin (3) cocktails must be packaged in a container with a secure lid or cap and in a manner
designed to prevent consumption without removal of the lid or cap;
 new text end

deleted text begin (3)deleted text end new text begin (4)new text end no more than 72 ounces in total of malt liquor, hard seltzer, and cider; deleted text begin anddeleted text end 750
milliliters of winenew text begin ; and 34 ounces of cocktailsnew text end may be sold per prepared food take-out order;

deleted text begin (4)deleted text end new text begin (5)new text end the qualifying licensee must confirm that the person picking up the prepared food
take-out order is at least 21 years of age as provided by Minnesota Statutes, section 340A.503,
subdivision 6; and

deleted text begin (5)deleted text end new text begin (6)new text end the qualifying licensee must notify the insurer providing the coverage required
by Minnesota Statutes, section 340A.409, that it is making off-sales under this section.

(b) All laws and rules relating to the off-sale of liquor under Minnesota Statutes, chapter
340A, not inconsistent with this section apply to the sales allowed by this section including
but not limited to Minnesota Statutes, sections 340A.502 to 340A.504. No delivery of
alcoholic beverages is authorized by this section.

(c) The governing body of a municipality may elect to prohibit the off-sale of alcoholic
beverages authorized by this section.

(d) For purposes of this section, "qualifying licensee" means a restaurant holding an
on-sale intoxicating liquor license issued under Minnesota Statutes, section 340A.404,
subdivision 1, paragraph (a), clause (2), or subdivision 6, paragraph (a), or a restaurant
holding an on-sale wine license issued under Minnesota Statutes, section 340A.404,
subdivision 5. Nothing in this section affects or modifies the ability of a licensed brewer to
make off-sales of alcoholic beverages under law.

(e) The authority to make off-sales of malt liquor, hard seltzer, cider, deleted text begin anddeleted text end winenew text begin , and
cocktailsnew text end under this section expires when the closure of restaurants as set forth in Executive
Order 20-04, as modified and extended by Executive Orders 20-18 and 20-33, or any
subsequent order, expires, or is terminated or rescinded.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
 new text end

Sec. 2. new text begin OFF-SALE OF MALT LIQUOR IN GROWLER OR CROWLER.
new text end

new text begin (a) A holder of an on-sale intoxicating liquor license may make off-sales of malt liquor
not exceeding 128 ounces per customer per day packaged in a growler or crowler. Sales
authorized under this paragraph must meet the standards set forth in Minnesota Statutes,
section 340A.285.
 new text end

new text begin (b) The authority to make off-sales under paragraph (a) is in addition to any authority
that may be granted by Laws 2020, chapter 75, section 1.
 new text end

new text begin (c) This section expires when the COVID-19 Peacetime Emergency declared in Executive
Order 20-01, and extended by orders through and including Executive Order 20-97, or any
subsequent order, expires, or is terminated or rescinded.
 new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
 new text end