HF 2816

1st Engrossment - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to intoxicating liquor; providing for 
  1.3             conformity in license fees and production levels for 
  1.4             brewpubs and small brewers; clarifying provisions 
  1.5             relating to licenses and sales within specified 
  1.6             distance from certain institutions; providing that the 
  1.7             on-sale license for Elko Speedway authorizes sales on 
  1.8             all days of the week; authorizing Duluth to issue a 
  1.9             wine and malt liquor license for Wade Municipal 
  1.10            Stadium; amending Minnesota Statutes 2002, sections 
  1.11            340A.412, subdivision 4; 340A.702; Minnesota Statutes 
  1.12            2003 Supplement, section 340A.301, subdivision 6; Laws 
  1.13            2003, chapter 126, section 28. 
  1.14  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.15     Section 1.  Minnesota Statutes 2003 Supplement, section 
  1.16  340A.301, subdivision 6, is amended to read: 
  1.17     Subd. 6.  [FEES.] The annual fees for licenses under this 
  1.18  section are as follows: 
  1.19    (a) Manufacturers (except as provided 
  1.20        in clauses (b) and (c))                    $15,000 
  1.21        Duplicates                                 $ 3,000
  1.22    (b) Manufacturers of wines of not more
  1.23        than 25 percent alcohol by volume          $   500
  1.24    (c) Brewers other than those described
  1.25        in clauses (d) and (i)                     $ 2,500
  1.26    (d) Brewers who also hold one or more
  1.27        retail on-sale licenses and who
  1.28        manufacture fewer than 3,500 barrels
  1.29        of malt liquor in a year, at any one
  2.1         licensed premises, using only wort produced 
  2.2         in Minnesota, the entire
  2.3         production of which is solely 
  2.4         for consumption on tap on the
  2.5         licensed premises or for off-sale
  2.6         from that licensed premises.
  2.7         A brewer licensed
  2.8         under this clause must obtain a separate
  2.9         license for each licensed premises where
  2.10        the brewer brews malt liquor.  A brewer
  2.11        licensed under this clause may not be
  2.12        licensed as an importer under this chapter  $  500
  2.13    (e) Wholesalers (except as provided in
  2.14        clauses (f), (g), and (h))                 $15,000
  2.15        Duplicates                                 $ 3,000
  2.16    (f) Wholesalers of wines of not more
  2.17        than 25 percent alcohol by volume          $ 2,000
  2.18    (g) Wholesalers of intoxicating
  2.19        malt liquor                                $   600
  2.20        Duplicates                                 $    25
  2.21    (h) Wholesalers of 3.2 percent 
  2.22        malt liquor                                $    10
  2.23    (i) Brewers who manufacture fewer than
  2.24        2,000 3,500 barrels of malt liquor
  2.25        in a year                                  $   150
  2.26                                                   $   500
  2.27     If a business licensed under this section is destroyed, or 
  2.28  damaged to the extent that it cannot be carried on, or if it 
  2.29  ceases because of the death or illness of the licensee, the 
  2.30  commissioner may refund the license fee for the balance of the 
  2.31  license period to the licensee or to the licensee's estate. 
  2.32     [EFFECTIVE DATE.] This section is effective July 1, 2004. 
  2.33     Sec. 2.  Minnesota Statutes 2002, section 340A.412, 
  2.34  subdivision 4, is amended to read: 
  2.35     Subd. 4.  [LICENSES PROHIBITED IN CERTAIN AREAS.] (a) No 
  2.36  license to sell intoxicating liquor may be issued within the 
  3.1   following areas: 
  3.2      (1) where restricted against commercial use through zoning 
  3.3   ordinances and other proceedings or legal processes regularly 
  3.4   had for that purpose, except licenses may be issued to 
  3.5   restaurants in areas which were restricted against commercial 
  3.6   uses after the establishment of the restaurant; 
  3.7      (2) within the capitol or on the capitol grounds, except as 
  3.8   provided under Laws 1983, chapter 259, section 9, or Laws 1999, 
  3.9   chapter 202, section 13; 
  3.10     (3) on the state fairgrounds or at any place in a city of 
  3.11  the first class within one-half mile of the fairgrounds, except 
  3.12  as otherwise provided by charter; 
  3.13     (4) on the campus of the College of Agriculture of the 
  3.14  University of Minnesota or at any place in a city of the first 
  3.15  class within one-half mile of the campus, provided that a city 
  3.16  may issue one on-sale wine license in this area that is not 
  3.17  included in the area described in clause (3), except as provided 
  3.18  by charter; 
  3.19     (5) within 1,000 feet of a state hospital, state training 
  3.20  school, state reformatory, or state prison, or other institution 
  3.21  under the supervision or control, in whole or in part, of the 
  3.22  commissioner of human services or the commissioner of 
  3.23  corrections; 
  3.24     (6) in a town or municipality in which a majority of votes 
  3.25  at the last election at which the question of license was voted 
  3.26  upon were not in favor of license under section 340A.416, or 
  3.27  within one-half mile of any such town or municipality, except 
  3.28  that intoxicating liquor manufactured within this radius may be 
  3.29  sold to be consumed outside it; 
  3.30     (7) at any place on the east side of the Mississippi River 
  3.31  within one-tenth of a mile of the main building of the 
  3.32  University of Minnesota unless (i) the licensed establishment is 
  3.33  on property owned or operated by a nonprofit corporation 
  3.34  organized prior to January 1, 1940, for and by former students 
  3.35  of the University of Minnesota, or (ii) the licensed premises is 
  3.36  Northrop Auditorium; 
  4.1      (8) within 1,500 feet of a state university, except that: 
  4.2      (i) the minimum distance in the case of Winona and 
  4.3   Southwest State University is 1,200 feet, measured by a direct 
  4.4   line from the nearest corner of the administration building to 
  4.5   the main entrance of the licensed establishment; 
  4.6      (ii) within 1,500 feet of St. Cloud State University one 
  4.7   on-sale wine and two off-sale intoxicating liquor licenses may 
  4.8   be issued, measured by a direct line from the nearest corner of 
  4.9   the administration building to the main entrance of the licensed 
  4.10  establishment; 
  4.11     (iii) at Mankato State University the distance is measured 
  4.12  from the front door of the student union of the Highland campus; 
  4.13     (iv) a temporary license under section 340A.404, 
  4.14  subdivision 10, may be issued to a location on the grounds of a 
  4.15  state university for an event sponsored or approved by the state 
  4.16  university; and 
  4.17     (v) this restriction does not apply to the area surrounding 
  4.18  the premises leased by Metropolitan State University at 730 
  4.19  Hennepin Avenue South in Minneapolis; and 
  4.20     (9) within 1,500 feet of any public school that is not 
  4.21  within a city. 
  4.22     (b) The restrictions of this subdivision do not apply to a 
  4.23  manufacturer or wholesaler of intoxicating liquor or to a 
  4.24  drugstore or to a person who had a license originally issued 
  4.25  lawfully prior to July 1, 1967. 
  4.26     [EFFECTIVE DATE.] This section is effective the day 
  4.27  following final enactment.  
  4.28     Sec. 3.  Minnesota Statutes 2002, section 340A.702, is 
  4.29  amended to read: 
  4.30     340A.702 [GROSS MISDEMEANORS.] 
  4.31     It is a gross misdemeanor:  
  4.32     (1) to sell an alcoholic beverage without a license 
  4.33  authorizing the sale; 
  4.34     (2) for a licensee to refuse or neglect to obey a lawful 
  4.35  direction or order of the commissioner or the commissioner's 
  4.36  agent, withhold information or a document the commissioner calls 
  5.1   for examination, obstruct or mislead the commissioner in the 
  5.2   execution of the commissioner's duties or swear falsely under 
  5.3   oath; 
  5.4      (3) to violate the provisions of sections 340A.301 to 
  5.5   340A.312; 
  5.6      (4) to violate the provisions of section 340A.508; 
  5.7      (5) for any person, partnership, or corporation to 
  5.8   knowingly have or possess direct or indirect interest in more 
  5.9   than one off-sale intoxicating liquor license in a municipality 
  5.10  in violation of section 340A.412, subdivision 3; 
  5.11     (6) to sell or otherwise dispose of intoxicating liquor 
  5.12  within 1,000 feet of a state hospital, state training school, 
  5.13  state reformatory, or state prison, or other institution under 
  5.14  the supervision and control, in whole or in part, of the 
  5.15  commissioner of human services or the commissioner of 
  5.16  corrections; 
  5.17     (7) to violate the provisions of section 340A.502; 
  5.18     (8) except as otherwise provided in section 340A.701, to 
  5.19  violate the provisions of section 340A.503, subdivision 2, 
  5.20  clause (1) or (3); 
  5.21     (9) to withhold any information, book, paper, or other 
  5.22  thing called for by the commissioner for the purpose of an 
  5.23  examination; 
  5.24     (10) to obstruct or mislead the commissioner in the 
  5.25  execution of the commissioner's duties; 
  5.26     (11) to swear falsely concerning any matter stated under 
  5.27  oath; or 
  5.28     (12) to violate the provisions of section 340A.503, 
  5.29  subdivision 5, after having been convicted previously of 
  5.30  violating section 340A.503, subdivision 5. 
  5.31     [EFFECTIVE DATE.] This section is effective the day 
  5.32  following final enactment.  
  5.33     Sec. 4.  Laws 2003, chapter 126, section 28, is amended to 
  5.34  read: 
  5.35     Sec. 28.  [ELKO SPEEDWAY; ON-SALE LICENSE.] 
  5.36     Notwithstanding Minnesota Statutes, section 340A.404, 
  6.1   subdivision 1, the city of Elko may issue an on-sale 
  6.2   intoxicating liquor license to the Elko Speedway in addition to 
  6.3   the number authorized by law.  The license may authorize sales 
  6.4   only to persons attending racing events at the speedway.  The 
  6.5   license authorizes sales on all days of the week.  All 
  6.6   provisions of Minnesota Statutes, chapter 340A, not inconsistent 
  6.7   with this provision, apply to the license authorized under this 
  6.8   section.  The license may be issued for a space that is not 
  6.9   compact and contiguous, provided that the licensed premises may 
  6.10  include only the space within the fenced grandstand area as 
  6.11  described in the approved license application. 
  6.12     [EFFECTIVE DATE.] This section is effective on approval by 
  6.13  the Elko City Council and compliance with Minnesota Statutes, 
  6.14  section 645.021. 
  6.15     Sec. 5.  [WADE MUNICIPAL STADIUM, WINE AND MALT LIQUOR 
  6.16  LICENSE.] 
  6.17     Notwithstanding any other law to the contrary, the city of 
  6.18  Duluth may issue an on-sale wine and malt liquor license with 
  6.19  the approval of the commissioner of public safety for the 
  6.20  premises known as Wade Municipal Stadium, for use during events 
  6.21  at the stadium.  The license may authorize the sale and 
  6.22  consumption of wine and malt liquor in the grandstand and dining 
  6.23  areas of the stadium. 
  6.24     [EFFECTIVE DATE.] This section is effective the day 
  6.25  following final enactment.