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HF 155

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:34am

KEY: stricken = removed, old language.
underscored = added, new language.

Bill Text Versions

Engrossments
Introduction Posted on 01/14/2009

Current Version - as introduced

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A bill for an act
relating to liquor; allowing liquor sales on Sunday and dedicating tax receipts
to county social services for children; creating a fund; appropriating money;
amending Minnesota Statutes 2008, section 340A.504, subdivisions 2, 3, 4, 5.

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

Section 1.

Minnesota Statutes 2008, section 340A.504, subdivision 2, is amended to
read:


Subd. 2.

Intoxicating liquor; on-sale.

No sale of intoxicating liquor for
consumption on the licensed premises may be madedeleted text begin :
deleted text end

deleted text begin (1)deleted text end between 2:00 a.m. and 8:00 a.m. deleted text begin on the days of Monday through Saturday;
deleted text end

deleted text begin (2) after 2:00 a.m. on Sundays, except as provided by subdivision 3.
deleted text end

Sec. 2.

Minnesota Statutes 2008, section 340A.504, subdivision 3, is amended to read:


Subd. 3.

Intoxicating liquor; Sunday sales; on-sale.

(a) deleted text begin A restaurant, club,
bowling center, or hotel with a seating capacity for at least 30 persons and which holds
deleted text end new text begin
All holders of
new text end an on-sale intoxicating liquor license may sell intoxicating liquor for
consumption on the premises deleted text begin in conjunction with the sale of fooddeleted text end between the hours of
10:00 a.m. on Sundays and 2:00 a.m. on Mondays.

(b) An establishment serving intoxicating liquor on Sundays must obtain a Sunday
license. The license must be issued by the governing body of the municipality for a period
of one year, and the fee for the license may not exceed $200.

deleted text begin (c) A city may issue a Sunday intoxicating liquor license only if authorized to do
so by the voters of the city voting on the question at a general or special election. A
county may issue a Sunday intoxicating liquor license in a town only if authorized to do
so by the voters of the town as provided in paragraph (d). A county may issue a Sunday
intoxicating liquor license in unorganized territory only if authorized to do so by the
voters of the election precinct that contains the licensed premises, voting on the question
at a general or special election.
deleted text end

deleted text begin (d) An election conducted in a town on the question of the issuance by the county of
Sunday sales licenses to establishments located in the town must be held on the day of the
annual election of town officers.
deleted text end

deleted text begin (e)deleted text end new text begin (c) new text end Voter approval is not required for licenses issued by the Metropolitan
Airports Commission or common carrier licenses issued by the commissioner. Common
carriers serving intoxicating liquor on Sunday must obtain a Sunday license from the
commissioner at an annual fee of $75, plus $30 for each duplicate.

Sec. 3.

Minnesota Statutes 2008, section 340A.504, subdivision 4, is amended to read:


Subd. 4.

Intoxicating liquor; off-sale.

No sale of intoxicating liquor may be made
by an off-sale licensee:

deleted text begin (1) on Sundays;
deleted text end

deleted text begin (2)deleted text end new text begin (1)new text end before 8:00 a.m. or after 10:00 p.m. deleted text begin on Monday through Saturdaydeleted text end ;

deleted text begin (3)deleted text end new text begin (2)new text end on Thanksgiving Day;

deleted text begin (4)deleted text end new text begin (3)new text end on Christmas Day, December 25; or

deleted text begin (5)deleted text end new text begin (4)new text end after 8:00 p.m. on Christmas Eve, December 24.

Sec. 4.

Minnesota Statutes 2008, section 340A.504, subdivision 5, is amended to read:


Subd. 5.

Bottle clubs.

No establishment licensed under section 340A.414, may
permit a person to consume or display intoxicating liquor, and no person may consume or
display intoxicating liquor between 1:00 a.m. and deleted text begin 12:00 noondeleted text end new text begin 10:00 a.m.new text end on Sundays, and
between 1:00 a.m. and 8:00 a.m. on Monday through Saturday.

Sec. 5. new text begin SUNDAY TAXES RESERVED.
new text end

new text begin All sales taxes collected on Sundays at off-sale liquor establishments shall be
reported to the state separately and shall be reserved by the state in a special account to be
called the Sunday Sales Account.
new text end

Sec. 6. new text begin SUNDAY SALES ACCOUNT APPROPRIATIONS.
new text end

new text begin The state shall remit all receipts in the Sunday Sales Account collected in a given
county to that county on a quarterly basis. Funds remitted are appropriated for use by
counties for county social services provided to children.
new text end

Sec. 7. new text begin EFFECTIVE DATE.
new text end

new text begin This act is effective on July 1, 2009, and applies to all licensing jurisdictions after
that date that do not enact an ordinance to prohibit Sunday sales.
new text end