HF 2974

as introduced - 86th Legislature (2009 - 2010) Posted on 02/15/2010 09:59am

A bill for an act
relating to alcohol; allowing the state fair to issue liquor licenses; amending
Minnesota Statutes 2008, sections 37.21; 340A.404, subdivision 5; 461.12,
subdivision 1.

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

Section 1.

Minnesota Statutes 2008, section 37.21, is amended to read:

37.21 SALE OF LIQUORS.

Subdivision 1.

Liquor prohibited.

Except as provided deleted text begin under Laws 2003, chapter
126, section 29, as amended by Laws 2005, chapter 25, section 6 deleted text end new text begin in subdivision 2 new text end , no
person may sell, barter, give away, or otherwise dispose of or introduce, have, or keep for
barter, gift, or sale, any intoxicating liquors of any kind upon the State Fairgrounds, or
aid and abet any of those acts. The presence and possession of any kind of these liquors,
in any quantity, upon the person or upon the premises leased or occupied by any person
within these limits is a public nuisance and is prima facie evidence of the purpose of the
person to barter, give away, or sell the liquor. Any person who violates this section is
guilty of a misdemeanor.

Subd. 2.

Exceptions.

deleted text begin Notwithstanding subdivision 1, deleted text end The State Agricultural
Society may authorize, under terms and conditions it chooses, the sale, possession, and
consumption of intoxicating liquors at special events taking place on the fairgrounds at
times other than during the annual fair including, but not limited to, family reunions, class
reunions, weddings, conventions, and similar events. deleted text begin This section does not authorize
the society to issue retail licenses for the sale of alcoholic beverages. Notwithstanding
subdivision 1, deleted text end The State Agricultural Society may also authorize, under terms and
conditions it chooses, consistent with state law, the sale, possession, and consumption
of intoxicating malt liquors during the annual fair or at other times of their choosing,
provided that at least one Minnesota brewed malt liquor is made available for sale at each
allowed location within the grounds. new text begin The State Agricultural Society may issue a license
for the sale and consumption of wine to a holder of a state fair concession's contract with
the State Agricultural Society which authorizes the licensee to sell Minnesota-produced
wine by the glass at the state fair in connection with the sale of food by the concessionaire.
For the purposes of this subdivision, "Minnesota-produced wine" means wine produced
by a farm winery licensed under section 340A.315 and made from at least 75 percent
Minnesota-grown grapes, grape juice, other fruit bases, other juices, and honey.
new text end

Sec. 2.

Minnesota Statutes 2008, section 340A.404, subdivision 5, is amended to read:

Subd. 5.

Wine licenses.

(a) A municipality may issue an on-sale wine license with
the approval of the commissioner to a restaurant having facilities for seating at least 25
guests at one time. A wine license permits the sale of wine of up to 14 percent alcohol by
volume for consumption with the sale of food. A wine license authorizes the sale of wine
on all days of the week unless the issuing authority restricts the license's authorization to
the sale of wine on all days except Sundays.

(b) The governing body of a municipality may by ordinance authorize a holder of
an on-sale wine license issued pursuant to paragraph (a) who is also licensed to sell 3.2
percent malt liquors at on-sale pursuant to section 340A.411, and whose gross receipts
are at least 60 percent attributable to the sale of food, to sell intoxicating malt liquors
at on-sale without an additional license.

(c) A municipality may issue an on-sale wine license with the approval of the
commissioner to a licensed bed and breakfast facility. A license under this paragraph
authorizes a bed and breakfast facility to furnish wine only to registered guests of the
facility and, if the facility contains a licensed commercial kitchen, also to guests attending
private events at the facility.

new text begin (d) The State Agricultural Society may issue an on-sale wine license to the holder of
a state fair concession contract pursuant to section 37.21, subdivision 2.
new text end

Sec. 3.

Minnesota Statutes 2008, section 461.12, subdivision 1, is amended to read:

Subdivision 1.

Authorization.

A town board or the governing body of a home rule
charter or statutory city may license and regulate the retail sale of tobacco as defined
in section 609.685, subdivision 1, and establish a license fee for sales to recover the
estimated cost of enforcing this chapter. The county board shall license and regulate the
sale of tobacco in unorganized territory of the county new text begin except on the State Fairgrounds new text end and
in a town or a home rule charter or statutory city if the town or city does not license and
regulate retail tobacco sales. new text begin The State Agricultural Society shall license and regulate
the sale of tobacco on the State Fairgrounds. new text end Retail establishments licensed by a town
or city to sell tobacco are not required to obtain a second license for the same location
under the licensing ordinance of the county.