HF 2524

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to liquor; regulating county off-sale
licenses; amending Minnesota Statutes 2004, section
340A.405, subdivision 2.

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

Section 1.

Minnesota Statutes 2004, section 340A.405,
subdivision 2, is amended to read:

Subd. 2.

Counties.

(a) A county may issue an off-sale
intoxicating license with the approval of the commissioner to
exclusive liquor stores located within unorganized territory of
the county.

(b) A county board of any county except Ramsey County
containing a town exercising powers under section 368.01,
subdivision 1, may issue an off-sale license to an exclusive
liquor store within that town with the approval of the
commissioner. No license may be issued under this paragraph
unless the town board adopts a resolution supporting the
issuance of the license.

(c) A county board of any county except Ramsey County
containing a town that may not exercise powers under section
368.01, subdivision 1, may issue an off-sale license to an
exclusive liquor store within that town, or a combination
off-sale and on-sale license to a restaurant within that town,
with the approval of the commissioner pursuant to section
340A.404, subdivision 6. No license may be issued under this
paragraph unless the town board adopts a resolution supporting
the issuance of the license.

(d) No license may be issued under this subdivision unless
a public hearing is held on the issuance of the license. Notice
must be given to all interested parties and to any city located
within three miles of the premises proposed to be licensed. At
the hearing the county board shall consider testimony and
exhibits presented by interested parties and may base its
decision to issue or deny a license upon the nature of the
business to be conducted and its impact upon any municipality,
the character and reputation of the applicant, and the propriety
of the location. Any hearing held under this paragraph is not
subject to chapter 14.

(e) deleted text begin A county board may not issue a license under this
subdivision to a person for an establishment located less than
one mile by the most direct route from the boundary of any
statutory or home rule city that had established a municipal
liquor store before August 1, 1991, provided, that a county
board may not issue a new license under this subdivision to a
person for an establishment located less than three miles by the
most direct route from the boundary of a city that (1) is
located outside the metropolitan area as defined in section
473.121, subdivision 2, (2) has a population over 5,000
according to the most recent federal decennial census, and (3)
had established a municipal liquor store before August 1, 1991.
deleted text end

deleted text begin (f) deleted text end The town board may impose an additional license fee in
an amount not to exceed 20 percent of the county license fee.

deleted text begin (g) deleted text end new text begin (f) new text end Notwithstanding any provision of this subdivision
or Laws 1973, chapter 566, as amended by Laws 1974, chapter 200,
a county board may transfer or renew a license that was issued
by a town board under Minnesota Statutes 1984, section 340.11,
subdivision 10b, prior to January 1, 1985.