1.1 	A bill for an act
1.2 	relating to liquor; regulating county off-sale
1.3 	licenses; amending Minnesota Statutes 2004, section
1.4 	340A.405, subdivision 2.
1.5 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.6 	Section 1. Minnesota Statutes 2004, section 340A.405,
1.7 	subdivision 2, is amended to read:
1.8 		Subd. 2.Counties.  (a) A county may issue an off-sale
1.9 	intoxicating license with the approval of the commissioner to
1.10 	exclusive liquor stores located within unorganized territory of
1.11 	the county.
1.12 	(b) A county board of any county except Ramsey County
1.13 	containing a town exercising powers under section 368.01,
1.14 	subdivision 1, may issue an off-sale license to an exclusive
1.15 	liquor store within that town with the approval of the
1.16 	commissioner.  No license may be issued under this paragraph
1.17 	unless the town board adopts a resolution supporting the
1.18 	issuance of the license.
1.19 	(c) A county board of any county except Ramsey County
1.20 	containing a town that may not exercise powers under section
1.21 	368.01, subdivision 1, may issue an off-sale license to an
1.22 	exclusive liquor store within that town, or a combination
1.23 	off-sale and on-sale license to a restaurant within that town,
1.24 	with the approval of the commissioner pursuant to section
1.25 	340A.404, subdivision 6.  No license may be issued under this
2.1 	paragraph unless the town board adopts a resolution supporting
2.2 	the issuance of the license.
2.3 	(d) No license may be issued under this subdivision unless
2.4 	a public hearing is held on the issuance of the license.  Notice
2.5 	must be given to all interested parties and to any city located
2.6 	within three miles of the premises proposed to be licensed.  At
2.7 	the hearing the county board shall consider testimony and
2.8 	exhibits presented by interested parties and may base its
2.9 	decision to issue or deny a license upon the nature of the
2.10 	business to be conducted and its impact upon any municipality,
2.11 	the character and reputation of the applicant, and the propriety
2.12 	of the location.  Any hearing held under this paragraph is not
2.13 	subject to chapter 14.
2.14 	(e) A county board may not issue a license under this
2.15 	subdivision to a person for an establishment located less than
2.16 	one mile by the most direct route from the boundary of any
2.17 	statutory or home rule city that had established a municipal
2.18 	liquor store before August 1, 1991, provided, that a county
2.19 	board may not issue a new license under this subdivision to a
2.20 	person for an establishment located less than three miles by the
2.21 	most direct route from the boundary of a city that (1) is
2.22 	located outside the metropolitan area as defined in section
2.23 	473.121, subdivision 2, (2) has a population over 5,000
2.24 	according to the most recent federal decennial census, and (3)
2.25 	had established a municipal liquor store before August 1, 1991.
2.26 	(f) The town board may impose an additional license fee in
2.27 	an amount not to exceed 20 percent of the county license fee.
2.28 	(g) (f) Notwithstanding any provision of this subdivision
2.29 	or Laws 1973, chapter 566, as amended by Laws 1974, chapter 200,
2.30 	a county board may transfer or renew a license that was issued
2.31 	by a town board under Minnesota Statutes 1984, section 340.11,
2.32 	subdivision 10b, prior to January 1, 1985.