1.1 	A bill for an act
1.2 	relating to alcoholic beverages; allowing a brewer who
1.3 	manufactures beer on the premises where the brewer
1.4 	also holds an on-sale intoxicating liquor license to
1.5 	use wort produced outside Minnesota under certain
1.6 	circumstances; providing for uniform off-sale hours
1.7 	statewide; regulating Sunday on-sales; making
1.8 	provisions for retail licenses in the cities of Anoka,
1.9 	Caledonia, Duluth, Elko, Eden Prairie, Mankato, and
1.10 	Minneapolis, and in Mille Lacs County; amending
1.11 	Minnesota Statutes 2004, section 340A.301, subdivision
1.12 	6; 340A.404, subdivision 2; 340A.504, subdivisions 1,
1.13 	3, 4; Laws 2000, chapter 440, section 10; Laws 2003,
1.14 	chapter 126, section 28.
1.15 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.16 	Section 1. Minnesota Statutes 2004, section 340A.301,
1.17 	subdivision 6, is amended to read:
1.18 		Subd. 6.Fees.  The annual fees for licenses under this
1.19 	section are as follows:
1.20 	(a) Manufacturers (except as provided
1.21 	      in clauses (b) and (c))                    $15,000
1.22 	      Duplicates                                 $ 3,000
1.23 	  (b) Manufacturers of wines of not more
1.24 	      than 25 percent alcohol by volume          $   500
1.25 	  (c) Brewers other than those described
1.26 	      in clauses (d) and (i)                     $ 2,500
1.27 	  (d) Brewers who also hold one or more
1.28 	      retail on-sale licenses and who
1.29 	      manufacture fewer than 3,500 barrels
1.30 	      of malt liquor in a year, at any one
2.1 	      licensed premises, using only wort produced
2.2 	      in Minnesota except as otherwise provided
2.3 	      in this clause, the entire
2.4 	      production of which is solely
2.5 	      for consumption on tap on the
2.6 	      licensed premises or for off-sale
2.7 	      from that licensed premises.
2.8 	      A brewer licensed
2.9 	      under this clause;
2.10 	      (1) must obtain a separate
2.11 	      license for each licensed premises where
2.12 	      the brewer brews malt liquor.  A brewer
2.13 	      licensed under this clause ; (2) may not be
2.14 	      licensed as an importer under this chapter; and
2.15 	      (3) may use wort produced outside Minnesota if (i)
2.16 	      its total sales at off-sale under section 340A.301,
2.17 	      subdivision 7, paragraph (b), in any 12-month
2.18 	      period do not exceed ten percent of the total
2.19 	      production of beer on the premises or 100 barrels,
2.20 	      whichever is less, or (ii) in the case of a brewer who
2.21 	      has been licensed under this clause for fewer than
2.22 	      12 months, if the commissioner reasonably
2.23 	      determines that the brewer will not sell amounts at
2.24 	      off-sale in excess of the amounts specified in
2.25 	      item (i) during the first 12 months of
2.26 	      licensing $  500
2.27 	  (e) Wholesalers (except as provided in
2.28 	      clauses (f), (g), and (h))                 $15,000
2.29 	      Duplicates                                 $ 3,000
2.30 	  (f) Wholesalers of wines of not more
2.31 	      than 25 percent alcohol by volume          $ 2,000
2.32 	  (g) Wholesalers of intoxicating
2.33 	      malt liquor                                $   600
2.34 	      Duplicates                                 $    25
2.35 	  (h) Wholesalers of 3.2 percent
2.36 	      malt liquor                                $    10
3.1 	  (i) Brewers who manufacture fewer than
3.2 	      2,000 barrels of malt liquor in a year     $   150
3.3 	If a business licensed under this section is destroyed, or
3.4 	damaged to the extent that it cannot be carried on, or if it
3.5 	ceases because of the death or illness of the licensee, the
3.6 	commissioner may refund the license fee for the balance of the
3.7 	license period to the licensee or to the licensee's estate.

3.8 	Sec. 2. Minnesota Statutes 2004, section 340A.404,
3.9 	subdivision 2, is amended to read:
3.10 		Subd. 2.Special provision; city of minneapolis.  (a) The
3.11 	city of Minneapolis may issue an on-sale intoxicating liquor
3.12 	license to the Guthrie Theater, the Cricket Theatre, the Orpheum
3.13 	Theatre, the State Theatre, and the Historic Pantages Theatre,
3.14 	notwithstanding the limitations of law, or local ordinance, or
3.15 	charter provision relating to zoning or school or church
3.16 	distances.  The licenses authorize sales on all days of the week
3.17 	to holders of tickets for performances presented by the theaters
3.18 	and to members of the nonprofit corporations holding the
3.19 	licenses and to their guests.
3.20 	(b) The city of Minneapolis may issue an intoxicating
3.21 	liquor license to 510 Groveland Associates, a Minnesota
3.22 	cooperative, for use by a restaurant on the premises owned by
3.23 	510 Groveland Associates, notwithstanding limitations of law, or
3.24 	local ordinance, or charter provision.
3.25 	(c) The city of Minneapolis may issue an on-sale
3.26 	intoxicating liquor license to Zuhrah Shrine Temple for use on
3.27 	the premises owned by Zuhrah Shrine Temple at 2540 Park Avenue
3.28 	South in Minneapolis, and to the American Swedish Institute for
3.29 	use on the premises owned by the American Swedish Institute at
3.30 	2600 Park Avenue South, notwithstanding limitations of law, or
3.31 	local ordinances, or charter provision relating to zoning or
3.32 	school or church distances.
3.33 	(d) The city of Minneapolis may issue an on-sale
3.34 	intoxicating liquor license to the American Association of
3.35 	University Women, Minneapolis branch, for use on the premises
3.36 	owned by the American Association of University Women,
4.1 	Minneapolis branch, at 2115 Stevens Avenue South in Minneapolis,
4.2 	notwithstanding limitations of law, or local ordinances, or
4.3 	charter provisions relating to zoning or school or church
4.4 	distances.
4.5 	(e) The city of Minneapolis may issue an on-sale wine
4.6 	license and an on-sale 3.2 percent malt liquor license to a
4.7 	restaurant located at 5000 Penn Avenue South, and an on-sale
4.8 	wine license and an on-sale malt liquor license to a restaurant
4.9 	located at 1931 Nicollet Avenue South, notwithstanding any law
4.10 	or local ordinance or charter provision.
4.11 	(f) The city of Minneapolis may issue an on-sale wine
4.12 	license and an on-sale malt liquor license to the Brave New
4.13 	Workshop Theatre located at 3001 Hennepin Avenue South, the
4.14 	Theatre de la Jeune Lune, the Illusion Theatre located at 528
4.15 	Hennepin Avenue South, the Hollywood Theatre located at 2815
4.16 	Johnson Street Northeast, the Loring Playhouse located at 1633
4.17 	Hennepin Avenue South, the Jungle Theater located at 2951
4.18 	Lyndale Avenue South, Brave New Institute located at 2605
4.19 	Hennepin Avenue South, the Guthrie Lab located at 700 North
4.20 	First Street, and the Southern Theatre located at 1420
4.21 	Washington Avenue South, notwithstanding any law or local
4.22 	ordinance or charter provision.  The license authorizes sales on
4.23 	all days of the week.
4.24 	(g) The city of Minneapolis may issue an on-sale
4.25 	intoxicating liquor license to University Gateway Corporation, a
4.26 	Minnesota nonprofit corporation, for use by a restaurant or
4.27 	catering operator at the building owned and operated by the
4.28 	University Gateway Corporation on the University of Minnesota
4.29 	campus, notwithstanding limitations of law, or local ordinance
4.30 	or charter provision.  The license authorizes sales on all days
4.31 	of the week.
4.32 	(h) The city of Minneapolis may issue an on-sale
4.33 	intoxicating liquor license to the Guthrie Theater's
4.34 	concessionaire or operator for a restaurant and catering
4.35 	operator on the premises of the Guthrie Theater, notwithstanding
4.36 	limitations of law, local ordinance, or charter provisions.  The
5.1 	license authorizes sales on all days of the week.

5.2 	Sec. 3. Minnesota Statutes 2004, section 340A.504,
5.3 	subdivision 1, is amended to read:
5.4 		Subdivision 1.3.2 percent malt liquor.  No sale of 3.2
5.5 	percent malt liquor may be made between 2:00 a.m. and 8:00 a.m.
5.6 	on the days of Monday through Saturday, nor between 2:00 a.m.
5.7 	and 12:00 noon 10:00 a.m.on Sunday, provided that an
5.8 	establishment located on land owned by the Metropolitan Sports
5.9 	Commission, or the sports arena for which one or more licenses
5.10 	have been issued under section 340A.404, subdivision 2,
5.11 	paragraph (c), may sell 3.2 percent malt liquor between 10:00
5.12 	a.m. and 12:00 noon on a Sunday on which a sports or other event
5.13 	is scheduled to begin at that location on or before 1:00 p.m. of
5.14 	that day.

5.15 	Sec. 4. Minnesota Statutes 2004, section 340A.504,
5.16 	subdivision 3, is amended to read:
5.17 		Subd. 3.Intoxicating liquor; sunday sales; on-sale.  (a)
5.18 	A restaurant, club, bowling center, or hotel with a seating
5.19 	capacity for at least 30 persons and which holds an on-sale
5.20 	intoxicating liquor license may sell intoxicating liquor for
5.21 	consumption on the premises in conjunction with the sale of food
5.22 	between the hours of 12:00 noon 10:00 a.m.on Sundays and 2:00
5.23 	a.m. on Mondays.
5.24 	(b) The governing body of a municipality may after one
5.25 	public hearing by ordinance permit a restaurant, hotel, bowling
5.26 	center, or club to sell alcoholic beverages for consumption on
5.27 	the premises in conjunction with the sale of food between the
5.28 	hours of 10:00 a.m. on Sundays and 2:00 a.m. on Mondays,
5.29 	provided that the licensee is in conformance with the Minnesota
5.30 	Clean Air Act.
5.31 	(c) An establishment serving intoxicating liquor on Sundays
5.32 	must obtain a Sunday license.  The license must be issued by the
5.33 	governing body of the municipality for a period of one year, and
5.34 	the fee for the license may not exceed $200.
5.35 	(d) (c) A city may issue a Sunday intoxicating liquor
5.36 	license only if authorized to do so by the voters of the city
6.1 	voting on the question at a general or special election.  A
6.2 	county may issue a Sunday intoxicating liquor license in a town
6.3 	only if authorized to do so by the voters of the town as
6.4 	provided in paragraph (e) (d).  A county may issue a Sunday
6.5 	intoxicating liquor license in unorganized territory only if
6.6 	authorized to do so by the voters of the election precinct that
6.7 	contains the licensed premises, voting on the question at a
6.8 	general or special election.
6.9 	(e) (d) An election conducted in a town on the question of
6.10 	the issuance by the county of Sunday sales licenses to
6.11 	establishments located in the town must be held on the day of
6.12 	the annual election of town officers.
6.13 	(f) (e) Voter approval is not required for licenses issued
6.14 	by the Metropolitan Airports Commission or common carrier
6.15 	licenses issued by the commissioner.  Common carriers serving
6.16 	intoxicating liquor on Sunday must obtain a Sunday license from
6.17 	the commissioner at an annual fee of $50, plus $20 for each
6.18 	duplicate.

6.19 	Sec. 5. Minnesota Statutes 2004, section 340A.504,
6.20 	subdivision 4, is amended to read:
6.21 		Subd. 4.Intoxicating liquor; off-sale.  No sale of
6.22 	intoxicating liquor may be made by an off-sale licensee:
6.23 	(1) on Sundays;
6.24 	(2) before 8:00 a.m. or after 10:00 p.m.on Monday through
6.25 	Saturday;
6.26 	(3) after 10:00 p.m. on Monday through Saturday at an
6.27 	establishment located in a city other than a city of the first
6.28 	class or within a city located within 15 miles of a city of the
6.29 	first class in the same county;
6.30 	(4) after 8:00 p.m. on Monday through Thursday and after
6.31 	10:00 p.m. on Friday and Saturday at an establishment located in
6.32 	a city of the first class or within a city located within 15
6.33 	miles of a city of the first class in the same county, provided
6.34 	that an establishment may sell intoxicating liquor until 10:00
6.35 	p.m. on December 31 and July 3, and on the day preceding
6.36 	Thanksgiving day, unless otherwise prohibited under clause (1);
7.1 	(5) on Thanksgiving Day;
7.2 	(6) (4) on Christmas Day, December 25; or
7.3 	(7) (5) after 8:00 p.m. on Christmas Eve, December 24.

7.4 	Sec. 6. Laws 2000, chapter 440, section 10, is amended to
7.5 	read:
7.6 	Sec. 10WINE LICENSE; MAIN STREET STAGE THEATRE.
 7.7 	The city of Anoka may issue an on-sale wine and malt liquor 
7.8 	license to the Lyric Arts Company of Anoka, Inc. for the Main
7.9 	Street Stage Theatre.  The license authorizes sales of wine and
7.10 	malt liquor on all days of the week to holders of tickets for
7.11 	performances at the theater.  All provisions of Minnesota
7.12 	Statutes, chapter 340A, not inconsistent with this section,
7.13 	apply to the license authorized under this section.

7.14 	Sec. 7. Laws 2003, chapter 126, section 28, is amended to
7.15 	read:
7.16 	Sec. 28ELKO SPEEDWAY; ON-SALE LICENSE.
 7.17 	Notwithstanding Minnesota Statutes, section 340A.404,
7.18 	subdivision 1, the city of Elko may issue an on-sale
7.19 	intoxicating liquor license to the Elko Speedway in addition to
7.20 	the number authorized by law.  The license may authorize sales
7.21 	only both to persons attending racing any and all events, and
7.22 	sales in a restaurant/bar/banquet facility,at the speedway.
7.23 	The license authorizes sales on all days of the week.All
7.24 	provisions of Minnesota Statutes, chapter 340A, not inconsistent
7.25 	with this provision, apply to the license authorized under this
7.26 	section.  The license may be issued for a space that is not
7.27 	compact and contiguous, provided that the licensed premises may
7.28 	include only the space within the fenced grandstand area as
7.29 	described in the approved license application.

7.30 	Sec. 8. CITY OF CALEDONIA; LIQUOR LICENSE.
 7.31 	Notwithstanding any other law, the city of Caledonia may
7.32 	issue an on-sale intoxicating liquor license to Caledonia Area
7.33 	Community Charities, Inc., for the Four Seasons Center in
7.34 	Caledonia.  The license authorizes the licensee to dispense
7.35 	intoxicating liquor only to persons attending events at the
7.36 	center.  All provisions of Minnesota Statutes, chapter 340A, not
8.1 	inconsistent with this section, apply to the license authorized
8.2 	under this section.

8.3 	Sec. 9. CITY OF DULUTH; ON-SALE LICENSE.
 8.4 	Notwithstanding any other law, the city of Duluth may issue
8.5 	an on-sale intoxicating liquor license for the premises known
8.6 	and used as the Enger Park golf course, or for any portion of
8.7 	the premises as described in the approved license application.
8.8 	The license may be issued to the city or to any person or
8.9 	corporation under contract or agreement with the city with
8.10 	respect to operation of the golf course.  All provisions of
8.11 	Minnesota Statutes, chapter 340A, not inconsistent herewith,
8.12 	apply to the license authorized under this section.

8.13 	Sec. 10. CITY OF EDEN PRAIRIE; ON-SALE LICENSE.
 8.14 	Notwithstanding any law, local ordinance, or charter
8.15 	provision, the city of Eden Prairie may issue an on-sale
8.16 	intoxicating liquor license to any entity holding an operating
8.17 	food service contract with the city for the operation of the
8.18 	cafeteria, for use by the entity at the premises owned by the
8.19 	city of Eden Prairie, at 8080 Mitchell Road in Eden Prairie.
8.20 	The license authorizes sales on all days of the week to persons
8.21 	attending special events in the cafeteria.  The licensee may not
8.22 	dispense intoxicating liquor to any person attending or
8.23 	participating in an amateur athletic event held on the premises
8.24 	unless such dispensing is authorized by resolution of the city
8.25 	council.  The license authorized by this subdivision may be
8.26 	issued for space that is not compact and contiguous, provided
8.27 	that all such space is within the City Center building and is
8.28 	included in the description of the licensed premises on the
8.29 	approved license application.

8.30 	Sec. 11. MANKATO; ON-SALE INTOXICATING LIQUOR LICENSE.
 8.31 	The city of Mankato may issue an on-sale intoxicating
8.32 	liquor license to the premises known as the Midwest Wireless
8.33 	Civic Center.  The license authorizes sales on all days of the
8.34 	week to persons attending events at the center.  All provisions
8.35 	of Minnesota Statutes, chapter 340A, not inconsistent with this
8.36 	section, apply to the license authorized under this section.

9.1 	Sec. 12. OFF-SALE INTOXICATING LIQUOR LICENSE; MILLE LACS
9.2 	COUNTY.
 9.3 	Notwithstanding Minnesota Statutes, section 340A.405,
9.4 	subdivision 2, paragraph (c), the Mille Lacs County Board may
9.5 	issue an off-sale intoxicating liquor license to an exclusive
9.6 	liquor store located in Eastside Township.  All other provisions
9.7 	of Minnesota Statutes, chapter 340A, not inconsistent with this
9.8 	section, apply to the license authorized under this section.

9.9 	Sec. 13. EFFECTIVE DATE.
 9.10 	Sections 8, 9, 10, 11, and 12 are effective the day
9.11 	following final enactment.  Section 2 is effective the day
9.12 	following final enactment.  Under Minnesota Statutes, section
9.13 	645.023, subdivision 1, paragraph (a), section 2 takes effect
9.14 	without local approval.  Section 6 is effective on approval by
9.15 	the Anoka City Council and compliance with Minnesota Statutes,
9.16 	section 645.021.  Section 7 is effective on approval by the Elko
9.17 	City Council and compliance with Minnesota Statutes, section
9.18 	645.021.