HF 347

as introduced - 89th Legislature (2015 - 2016) Posted on 01/29/2015 04:29pm

A bill for an act
relating to commerce; regulating certain sales on Sunday; removing statutory
prohibitions against off-sale intoxicating liquor sales and the sales of certain
motor vehicles; amending Minnesota Statutes 2014, sections 168.27, subdivision
12; 340A.504, subdivision 4; repealing Minnesota Statutes 2014, sections
168.275; 168.276.

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

Section 1.

Minnesota Statutes 2014, section 168.27, subdivision 12, is amended to read:

Subd. 12.

Grounds for suspension and revocation.

(a) A license may be
suspended or revoked by the registrar of motor vehicles upon proof satisfactory to the
registrar of any of the following:

(1) violations of any of the provisions of this chapter or chapter 168A, 297B, 325E,
or 325F;

(2) violation of or refusal to comply with the requests and order of the registrar;

(3) failure to make or provide to the registrar all listings, notices, and reports
required by the registrar;

(4) failure to pay to the registrar all taxes, fees, and arrears due from and by such
dealer;

(5) failure to duly apply for renewal of license provided for in this section;

(6) revocation of previous license, of which the records of the registrar relating to
the revocation are prima facie evidence of the previous revocation;

(7) failure of continued occupancy of an established place of business;

(8) sale of a new and unused current model motor vehicle other than the make of
motor vehicle described in the franchise or contract filed with the original application or
renewal thereof, without permission from the registrar;

(9) sale of a new and unused current model motor vehicle to anyone except for
consumer use, or to a dealer duly licensed to sell the same make of motor vehicle;

(10) material misstatement or misrepresentation in application for license or renewal;

(11) having advertised, printed, displayed, published, distributed, broadcast,
or televised or caused or permitted to be advertised, printed, displayed, published,
distributed, broadcast, or televised in any manner whatsoever, or having made orally any
statement or representation with regard to the sale, lease, or financing of motor vehicles
that is false, deceptive, or misleading;

(12) having been convicted of violating section 325F.69, or having been enjoined
due to a violation of section 325F.69;

(13) having been convicted of violating the Minnesota Odometer Law, section
325E.14, 325E.15, or 325E.16, or the federal odometer law, United States Code, title
15, sections 1981 to 1991;

(14) deleted text begin having been convicted of violating the sale of motor vehicles on Sunday law,
section 168.275;
deleted text end

deleted text begin (15) deleted text end having been convicted under section 609.53 of receiving or selling stolen
vehicles; or

deleted text begin (16) deleted text end new text begin (15) new text end having pleaded guilty, entered a plea of nolo contendere or no contest, or
having been found guilty in a court of competent jurisdiction of any charge of failure to pay
state or federal income or sales taxes or felony charge of forgery, embezzlement, obtaining
money under false pretenses, theft by swindle, extortion, conspiracy to defraud, or bribery.

(b) With respect to paragraph (a), clauses (12), (13), new text begin (14), and new text end (15) deleted text begin , and (16) deleted text end , the
registrar may suspend or revoke a license immediately upon receiving certification of
conviction or permanent injunction. A hearing is required under subdivision 13 within 30
days following a summary suspension or revocation under this paragraph, if a hearing is
requested by the licensee.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 2.

Minnesota Statutes 2014, 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 :
deleted text end

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

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

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

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

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

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 3. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2014, sections 168.275; and 168.276, new text end new text begin are repealed effective the
day following final enactment.
new text end