SF 2130

3rd Engrossment - 91st Legislature (2019 - 2020) Posted on 08/20/2020 09:20am

A bill for an act
relating to liquor; modifying various provisions relating to the sale and delivery
of intoxicating liquor; providing for an accounting adjustment; authorizing various
local licenses; amending Minnesota Statutes 2018, sections 340A.404, subdivisions
1, 2; 340A.504, subdivision 4; 340A.5041; 340A.602; Laws 1999, chapter 202,
section 13, as amended; Laws 2017, First Special Session chapter 4, article 5,
section 17.

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

Section 1.

Minnesota Statutes 2018, section 340A.404, subdivision 1, is amended to read:

Subdivision 1.

Cities.

(a) A city may issue an on-sale intoxicating liquor license to the
following establishments located within its jurisdiction:

(1) hotels;

(2) restaurants;

(3) bowling centers;

(4) clubs or congressionally chartered veterans organizations with the approval of the
commissioner, provided that the organization has been in existence for at least three years
and liquor sales will only be to members and bona fide guests, except that a club may permit
the general public to participate in a wine tasting conducted at the club under section
340A.419;

(5) sports facilities, restaurants, clubs, or bars located on land owned or leased by the
Minnesota Sports Facilities Authority;

(6) sports facilities located on land owned by the Metropolitan Sports Commission; and

(7) exclusive liquor stores.

(b) A city may issue an on-sale intoxicating liquor license, an on-sale wine license, or
an on-sale malt liquor license to a theater within the city, notwithstanding any law, local
ordinance, or charter provision. A license issued under this paragraph authorizes sales on
all days of the week to persons attending events at the theater.

(c) A city may issue an on-sale intoxicating liquor license, an on-sale wine license, or
an on-sale malt liquor license to a convention center within the city, notwithstanding any
law, local ordinance, or charter provision. A license issued under this paragraph authorizes
sales on all days of the week to persons attending events at the convention center. This
paragraph does not apply to convention centers located in the seven-county metropolitan
area.

(d) A city may issue an on-sale wine license and an on-sale malt liquor license to a
person who is the owner of a summer collegiate league baseball team, or to a person holding
a concessions or management contract with the owner, for beverage sales at a ballpark or
stadium located within the city for the purposes of summer collegiate league baseball games
new text begin and any other events new text end at the ballpark or stadium, notwithstanding any law, local ordinance,
or charter provision. A license issued under this paragraph authorizes sales on all days of
the week to persons attending baseball games new text begin and any other events new text end at the ballpark or stadium.

Sec. 2.

Minnesota Statutes 2018, section 340A.404, subdivision 2, is amended to read:

Subd. 2.

Special provision; city of Minneapolis.

(a) The city of Minneapolis may issue
an on-sale intoxicating liquor license to the Guthrie Theater, the Cricket Theatre, the
Orpheum Theatre, the State Theatre, and the Historic Pantages Theatre, notwithstanding
the limitations of law, or local ordinance, or charter provision relating to zoning or school
or church distances. The licenses authorize sales on all days of the week to holders of tickets
for performances presented by the theaters and to members of the nonprofit corporations
holding the licenses and to their guests.

(b) The city of Minneapolis may issue an intoxicating liquor license to 510 Groveland
Associates, a Minnesota cooperative, for use by a restaurant on the premises owned by 510
Groveland Associates, notwithstanding limitations of law, or local ordinance, or charter
provision.

(c) The city of Minneapolis may issue an on-sale intoxicating liquor license to Zuhrah
Shrine Temple for use on the premises owned by Zuhrah Shrine Temple at 2540 Park Avenue
South in Minneapolis, notwithstanding limitations of law, or local ordinances, or charter
provision relating to zoning or school or church distances.

(d) The city of Minneapolis may issue an on-sale intoxicating liquor license to the
American Association of University Women, Minneapolis branch, for use on the premises
owned by the American Association of University Women, Minneapolis branch, at 2115
Stevens Avenue South in Minneapolis, notwithstanding limitations of law, or local
ordinances, or charter provisions relating to zoning or school or church distances.

(e) The city of Minneapolis may issue an on-sale wine license and an on-sale 3.2 percent
malt liquor license to a restaurant located at 5000 Penn Avenue South, and an on-sale wine
license and an on-sale malt liquor license to a restaurant located at 1931 Nicollet Avenue
South, notwithstanding any law or local ordinance or charter provision.

(f) The city of Minneapolis may issue an on-sale wine license and an on-sale malt liquor
license to the Brave New Workshop Theatre located at 3001 Hennepin Avenue South, the
Theatre de la Jeune Lune, the Illusion Theatre located at 528 Hennepin Avenue South, the
Hollywood Theatre located at 2815 Johnson Street Northeast, the Loring Playhouse located
at 1633 Hennepin Avenue South, the Jungle Theater located at 2951 Lyndale Avenue South,
Brave New Institute located at 2605 Hennepin Avenue South, the Guthrie Lab located at
700 North First Street, and the Southern Theatre located at 1420 Washington Avenue South,
notwithstanding any law or local ordinance or charter provision. The license authorizes
sales on all days of the week.

(g) The city of Minneapolis may issue an on-sale intoxicating liquor license to University
Gateway Corporation, a Minnesota nonprofit corporation, for use by a restaurant or catering
operator at the building owned and operated by the University Gateway Corporation on the
University of Minnesota campus, notwithstanding limitations of law, or local ordinance or
charter provision. The license authorizes sales on all days of the week.

(h) The city of Minneapolis may issue an on-sale intoxicating liquor license to the Walker
Art Center's concessionaire or operator, for a restaurant and catering operator on the premises
of the Walker Art Center, notwithstanding limitations of law, or local ordinance or charter
provisions. The license authorizes sales on all days of the week.

(i) The city of Minneapolis may issue an on-sale intoxicating liquor license to the Guthrie
Theater's concessionaire or operator for a restaurant and catering operator on the premises
of the Guthrie Theater, notwithstanding limitations of law, local ordinance, or charter
provisions. The license authorizes sales on all days of the week.

(j) The city of Minneapolis may issue an on-sale wine license and an on-sale malt liquor
license to the Minnesota Book and Literary Arts Building, Inc.'s concessionaire or operator
for a restaurant and catering operator on the premises of the Minnesota Book and Literary
Arts Building, Inc. (dba Open Book), notwithstanding limitations of law, or local ordinance
or charter provision. The license authorizes sales on all days of the week.

(k) The city of Minneapolis may issue an on-sale intoxicating liquor license to a restaurant
located at 5411 Penn Avenue South, notwithstanding any law or local ordinance or charter
provision.

(l) The city of Minneapolis may issue an on-sale intoxicating liquor license to the Museum
of Russian Art's concessionaire or operator for a restaurant and catering operator on the
premises of the Museum of Russian Art located at 5500 Stevens Avenue South,
notwithstanding any law or local ordinance or charter provision.

(m) The city of Minneapolis may issue an on-sale intoxicating liquor license to the
American Swedish Institute or to its concessionaire or operator for use on the premises
owned by the American Swedish Institute at 2600 Park Avenue South, notwithstanding
limitations of law, or local ordinances, or charter provision relating to zoning or school or
church distances.

(n) Notwithstanding any other law, local ordinance, or charter provision, the city of
Minneapolis may issue one or more on-sale intoxicating liquor licenses to the Minneapolis
Society of Fine Arts (dba Minneapolis Institute of Arts), or to an entity holding a concessions
or catering contract with the Minneapolis Institute of Arts for use on the premises of the
Minneapolis Institute of Arts. The licenses authorized by this subdivision may be issued
for space that is not compact and contiguous, provided that all such space is included in the
description of the licensed premises on the approved license application. The licenses
authorize sales on all days of the week.

(o) The city of Minneapolis may issue an on-sale intoxicating liquor license to Norway
House or to its concessionaire or operator for use on the premises owned by Norway House
at 913 East Franklin Avenue, notwithstanding limitations of law, or local ordinances, or
charter provision relating to zoning or school or church distances.

new text begin (p) Notwithstanding any other law, local ordinance, or charter provision, the city of
Minneapolis may issue one or more on-sale intoxicating liquor licenses to any entity holding
a concessions or catering contract with the Minneapolis Park and Recreation Board for use
on the premises of the Downtown Commons Park, the Minneapolis Sculpture Garden, or
at Boom Island Park. The licenses authorized by this subdivision may be used for space
specified within the park property, provided all such space is included in the description of
the licensed premises on the approved license application. The licenses authorize sales on
the dates on the approved license application.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective upon approval by the Minneapolis City
Council and compliance with Minnesota Statutes, section 645.021.
new text end

Sec. 3.

Minnesota Statutes 2018, section 340A.504, subdivision 4, is amended to read:

Subd. 4.

Intoxicating liquor; off-sale.

(a) No sale of intoxicating liquor may be made
by an off-sale licensee:

(1) on Sundays, except between the hours of 11:00 a.m. and 6:00 p.m.;

(2) before 8:00 a.m. or after 10:00 p.m. on Monday through Saturday;

(3) on Thanksgiving Day;

(4) on Christmas Day, December 25; or

(5) after 8:00 p.m. on Christmas Eve, December 24.

(b) No delivery of alcohol to an off-sale new text begin or on-sale new text end licensee may be made by a wholesaler
or accepted by an off-sale new text begin or on-sale new text end licensee on a Sunday. No order solicitation or
merchandising may be made by a wholesaler on a Sunday.

new text begin EFFECTIVE DATE. new text end

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

Sec. 4.

Minnesota Statutes 2018, section 340A.5041, is amended to read:

340A.5041 AIRPORT COMMISSION; EXTENDED HOURS.

Notwithstanding any law, rule, or ordinance to the contrary, the Metropolitan Airports
Commission may deleted text begin allow extended hours of sale deleted text end new text begin set the hours of sale new text end at on-sale locations
within the security areas of the Lindbergh and Humphrey Terminals. deleted text begin Extended hours are
allowed for sales during the hours between 6:00 a.m. and 2:00 a.m. Monday through Sunday.
deleted 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

Sec. 5.

Minnesota Statutes 2018, section 340A.602, is amended to read:

340A.602 CONTINUATION.

In any city in which the report of the operations of a municipal liquor store has shown
a net loss prior to interfund transfer new text begin and without regard to costs related to pension obligations
of store employees, as required by Statement 68 of the Governmental Accounting Standards
Board, new text end in any two of three consecutive years, the city council shall, not more than 45 days
prior to the end of the fiscal year following the three-year period, hold a public hearing on
the question of whether the city shall continue to operate a municipal liquor store. Two
weeks' notice, written in clear and easily understandable language, of the hearing must be
printed in the city's official newspaper. Following the hearing the city council may on its
own motion or shall upon petition of five percent or more of the registered voters of the
city, submit to the voters at a general or special municipal election the question of whether
the city shall continue or discontinue municipal liquor store operations by a date which the
city council shall designate. The date designated by the city council must not be more than
30 months following the date of the election. The form of the question shall be: "Shall the
city of (name) discontinue operating the municipal liquor store on (Month xx, 2xxx)?".

new text begin EFFECTIVE DATE. new text end

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

Sec. 6.

Laws 1999, chapter 202, section 13, as amended by Laws 2013, chapter 42, section
8, and Laws 2017, First Special Session chapter 4, article 5, section 10, is amended to read:

Sec. 13. CITY OF ST. PAUL; LICENSES AUTHORIZED.

(a) The city of St. Paul may issue temporary intoxicating liquor licenses under Minnesota
Statutes, section 340A.404, subdivision 10, to Macalester college for the Macalester Scottish
fair, Springfest, and for the annual alumni reunion weekend without regard to the limitation
in Minnesota Statutes, section 340A.410, subdivision 10, paragraph (b).

(b) Notwithstanding Minnesota Statutes, section 340A.412, subdivision 4, the city of
St. Paul may issue a temporary on-sale intoxicating liquor license to Twin Cities in Motion,
or its successor organization, if any. The license may authorize the sale of intoxicating liquor
on the grounds of the state capitol on new text begin both days of new text end the deleted text begin day deleted text end new text begin weekend new text end of the Twin Cities
Marathon. Any malt liquor and 3.2 percent malt liquor sold must be produced by a Minnesota
brewery. All provisions of Minnesota Statutes, section 340A.404, subdivision 10, not
inconsistent with this section, apply to the license authorized by this section.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective upon approval by the St. Paul City
Council and compliance with Minnesota Statutes, section 645.021.
new text end

Sec. 7.

Laws 2017, First Special Session chapter 4, article 5, section 17, is amended to
read:

Sec. 17. SPECIAL LICENSE; SARTELL.

The city of Sartell may issue an on-sale intoxicating liquor license, an on-sale wine
license, or an on-sale malt liquor license new text begin to a person or entity holding a concessions or
management contract with the city or its agent new text end for the city-owned facilities known as Sartell
Community Center, located at 850 19th Street South; Pinecone Central Park, located at
1105 Central Park Blvd; and deleted text begin Champion Field deleted text end new text begin St. Cloud Orthopedics Field new text end , located at deleted text begin 710 deleted text end new text begin
802 new text end 12th Street North, notwithstanding any law, local ordinance, or charter provision. A
license issued under this section authorizes sales on all days of the week to persons attending
events at these facilities. The provisions of Minnesota Statutes, chapter 340A, not inconsistent
with this section, apply to the licenses issued under this section. deleted text begin The city of Sartell is deemed
the licensee under this section, and the provisions of Minnesota Statutes, sections 340A.603
and 340A.604, apply to the licenses as if the facilities were a municipal liquor store.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective upon approval by the Sartell City Council
and compliance with Minnesota Statutes, section 645.021.
new text end

Sec. 8. new text begin CHASKA ATHLETIC PARK LIQUOR LICENSE.
new text end

new text begin Notwithstanding any law or ordinance to the contrary, the city of Chaska may issue an
on-sale intoxicating liquor license for events, other than high school amateur events, occurring
each year between May 1 and August 30, at Athletic Park located at 725 West 1st Street in
the city of Chaska. The provisions of Minnesota Statutes, chapter 340A, not inconsistent
with this section, apply to the license issued under this section. The city of Chaska is deemed
the licensee under this section, and the provisions of Minnesota Statutes, sections 340A.603
and 340A.604, apply to the license as if the establishment were a municipal liquor store.
The license authorized by this section may be issued for space that is not compact and
contiguous, provided that all such space is included in the description of the licensed premises
on the approved license application. The license authorizes sales on all days of the week.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective upon approval by the Chaska City Council
and compliance with Minnesota Statutes, section 645.021.
new text end

Sec. 9. new text begin FOOD HALL LICENSE; ST. PAUL.
new text end

new text begin Notwithstanding Minnesota Statutes, section 340A.101, subdivision 25; 340A.401; or
340A.410, subdivision 7, or any other law or ordinance to the contrary, the city of St. Paul
may issue an on-sale intoxicating liquor license for a licensee serving as an anchor tenant
or umbrella operator for a distinct, compact, and contiguous premises which contains
restaurants and closes by midnight. The license may allow service and consumption anywhere
within the defined premises as long as consumption of licensed beverages sold by the license
holder is within a food establishment area or common areas within the licensed premises.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective upon approval by the St. Paul City
Council and compliance with Minnesota Statutes, section 645.021.
new text end

Sec. 10. new text begin TEMPORARY LICENSES; LAKE OF THE WOODS COUNTY.
new text end

new text begin Lake of the Woods County may issue temporary licenses pursuant to law for premises
of the Baudette Arena Association, without regard to the restriction set forth in Minnesota
Statutes, section 340A.412, subdivision 4, paragraph (a), clause (7).
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective upon approval by the Lake of the Woods
County Board of Commissioners and compliance with Minnesota Statutes, section 645.021.
new text end

Sec. 11. new text begin SPECIAL LICENSE; MAPLE LAKE.
new text end

new text begin Wright County may issue, and the commissioner of public safety may approve, a
temporary on-sale license to the Maple Lake Ice Fishing Derby, Inc., notwithstanding the
prohibition under Minnesota Statutes, section 340A.404, subdivision 10, paragraph (a),
clause (1), on issuing a temporary on-sale license to a nonprofit organization that has not
been in existence for at least three years. The authority to issue and approve the on-sale
license under this section expires May 1, 2022.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective upon approval by the Wright County
Board of Commissioners and compliance with Minnesota Statutes, section 645.021.
new text end

Sec. 12. new text begin FOREST LAKE; ON-SALE LICENSE.
new text end

new text begin Notwithstanding any law or ordinance to the contrary, the city of Forest Lake may issue
an on-sale intoxicating liquor license for a golf course known as Castlewood Golf Course,
which is located at 7050 Scandia Trail North in the city of Forest Lake, and is owned by
the city. The on-sale intoxicating liquor license shall permit the on-sale of intoxicating liquor
and other alcoholic beverages anywhere on the property constituting the Castlewood Golf
Course, other than the parking lot, including inside the pro shop, on the golf course grounds,
and inside any future structures, including a potential clubhouse or restaurant, that may be
constructed on the premises. The license may be issued to the city of Forest Lake or to any
person or entity under contract or agreement with the city with respect to operation of the
golf course. The provisions of Minnesota Statutes, chapter 340A, not inconsistent with this
section, apply to the license issued under this section. The city of Forest Lake is deemed
the licensee under this section, and the provisions of Minnesota Statutes, sections 340A.603
and 340A.604, apply to the licenses as if the facilities were a municipal liquor store.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective upon approval by the Forest Lake City
Council and compliance with Minnesota Statutes, section 645.021.
new text end

Sec. 13. new text begin CITY OF ST. CLOUD; ON-SALE LICENSE.
new text end

new text begin Notwithstanding any law or ordinance to the contrary, in addition to the number of
licenses authorized, the city of St. Cloud may issue an on-sale wine license and an on-sale
malt liquor license to a person who is the owner of a junior league hockey team or to a
person holding a concessions or management contract with the city or the team owner for
beverage sales at the St. Cloud municipal ice arena. The licenses must authorize the
dispensing of wine or malt liquor only to persons attending events at the arena for
consumption on the premises. A license issued under this section authorizes sales on all
days of the week to persons attending junior hockey league games or other events at the
arena.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective upon approval by the St. Cloud City
Council and compliance with Minnesota Statutes, section 645.021.
new text end

Sec. 14. new text begin CITY OF AUSTIN; ON-SALE LICENSE.
new text end

new text begin Notwithstanding any law or ordinance to the contrary, in addition to the number of
licenses authorized, the city of Austin may issue an on-sale wine license and an on-sale
malt liquor license to a person who is the owner of a junior hockey league team or to a
person holding a concessions or management contract with the city or the team owner, for
beverage sales at the Riverside Arena. The licenses must authorize the dispensing of wine
or malt liquor only to persons attending events at the arena for consumption on the premises.
A license issued under this section authorizes sales on all days of the week to persons
attending junior hockey league games at the arena.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective upon approval by the Austin City Council
and compliance with Minnesota Statutes, section 645.021.
new text end

Sec. 15. new text begin CITY OF ROCHESTER; ON-SALE LICENSE.
new text end

new text begin Notwithstanding any law or ordinance to the contrary, in addition to the number of
licenses authorized, the city of Rochester may issue an on-sale wine license and an on-sale
malt liquor license to a person who is the owner of a junior hockey league team or to a
person holding a concessions or management contract with the city or the team owner, for
beverage sales at the Rochester Recreation Center. The licenses must authorize the dispensing
of wine or malt liquor only to persons attending events at the arena for consumption on the
premises. A license issued under this section authorizes sales on all days of the week to
persons attending junior hockey league games at the arena.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective upon approval by the Rochester City
Council and compliance with Minnesota Statutes, section 645.021.
new text end

Sec. 16. new text begin SPECIAL LICENSE; CITY OF PIERZ.
new text end

new text begin The city of Pierz may issue an on-sale intoxicating liquor license, an on-sale wine license,
or an on-sale malt liquor license for the city-owned Pierz Golf Course, notwithstanding any
law, local ordinance, or charter provision. The provisions of Minnesota Statutes, chapter
340A, not inconsistent with this section, apply to the license issued under this section. The
city of Pierz is deemed the licensee under this section, and the provisions of Minnesota
Statutes, sections 340A.603 and 340A.604, apply to the license as if the facility was a
municipal liquor store.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective upon approval by the Pierz City Council
and compliance with Minnesota Statutes, section 645.021.
new text end

Sec. 17. new text begin SPECIAL LICENSE; CITY OF PEMBERTON.
new text end

new text begin The city of Pemberton may issue an on-sale intoxicating liquor license, an on-sale wine
license, or an on-sale malt liquor license for the city-owned facility known as the Pemberton
Community Center, notwithstanding any law, local ordinance, or charter provision. The
license issued under this section authorizes sales on all days of the week to persons attending
events at the Pemberton Community Center. The provisions of Minnesota Statutes, chapter
340A, not inconsistent with this section, apply to the license issued under this section. The
city of Pemberton is deemed the licensee under this section, and the provisions of Minnesota
Statutes, sections 340A.603 and 340A.604, apply to the license as if the facility was a
municipal liquor store.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective upon approval by the Pemberton City
Council and compliance with Minnesota Statutes, section 645.021.
new text end

Sec. 18. new text begin ROSEVILLE; GOLF COURSE LIQUOR LICENSE.
new text end

new text begin Notwithstanding any law or ordinance to the contrary, the city of Roseville may issue
an on-sale intoxicating liquor license for the Roseville Cedarholm Golf Course that is located
at 2323 Hamline Avenue North and is owned by the city. The provisions of Minnesota
Statutes, chapter 340A, not inconsistent with this section, apply to the license issued under
this section. The city of Roseville is deemed the licensee under this section, and the provisions
of Minnesota Statutes, sections 340A.603 and 340A.604, apply to the license as if the
establishment were a municipal liquor store.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective upon approval by the Roseville City
Council and compliance with Minnesota Statutes, section 645.021.
new text end

Sec. 19. new text begin TEMPORARY LICENSE; ALEXANDRIA.
new text end

new text begin The city of Alexandria may issue temporary licenses pursuant to law to the Minnesota
Lakes Maritime Society, doing business as the Legacy of the Lakes Museum, without regard
to the restriction set forth in Minnesota Statutes, section 340A.410, subdivision 10, paragraph
(b).
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective upon approval by the Alexandria City
Council and compliance with Minnesota Statutes, section 645.021.
new text end