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HF 605

1st Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

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

Bill Text Versions

Engrossments
Introduction Posted on 01/31/2005
1st Engrossment Posted on 03/29/2005

Current Version - 1st Engrossment

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A bill for an act
relating to alcoholic beverages; allowing a brewer who
manufactures beer on the premises where the brewer
also holds an on-sale intoxicating liquor license to
use wort produced outside Minnesota under certain
circumstances; providing for uniform off-sale hours
statewide; regulating Sunday on-sales; making
provisions for retail licenses in the cities of Anoka,
Caledonia, Duluth, Elko, Eden Prairie, Mankato, and
Minneapolis, and in Mille Lacs County; amending
Minnesota Statutes 2004, section 340A.301, subdivision
6; 340A.404, subdivision 2; 340A.504, subdivisions 1,
3, 4; Laws 2000, chapter 440, section 10; Laws 2003,
chapter 126, section 28.

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

Section 1.

Minnesota Statutes 2004, section 340A.301,
subdivision 6, is amended to read:


Subd. 6.

Fees.

The annual fees for licenses under this
section are as follows:

(a) Manufacturers (except as provided
in clauses (b) and (c)) $15,000
Duplicates $ 3,000
(b) Manufacturers of wines of not more
than 25 percent alcohol by volume $ 500
(c) Brewers other than those described
in clauses (d) and (i) $ 2,500
(d) Brewers who also hold one or more
retail on-sale licenses and who
manufacture fewer than 3,500 barrels
of malt liquor in a year, at any one
licensed premises, using only wort produced
in Minnesota new text begin except as otherwise provided
in this clause
new text end , the entire
production of which is solely
for consumption on tap on the
licensed premises or for off-sale
from that licensed premises.
A brewer licensed
under this clausenew text begin ;
(1)
new text end must obtain a separate
license for each licensed premises where
the brewer brews malt liquordeleted text begin . A brewer
licensed under this clause
deleted text end new text begin ; (2) new text end may not be
licensed as an importer under this chapternew text begin ; and
(3) may use wort produced outside Minnesota if (i)
its total sales at off-sale under section 340A.301,
subdivision 7, paragraph (b), in any 12-month
period do not exceed ten percent of the total
production of beer on the premises or 100 barrels,
whichever is less, or (ii) in the case of a brewer who
has been licensed under this clause for fewer than
12 months, if the commissioner reasonably
determines that the brewer will not sell amounts at
off-sale in excess of the amounts specified in
item (i) during the first 12 months of
licensing
new text end $ 500
(e) Wholesalers (except as provided in
clauses (f), (g), and (h)) $15,000
Duplicates $ 3,000
(f) Wholesalers of wines of not more
than 25 percent alcohol by volume $ 2,000
(g) Wholesalers of intoxicating
malt liquor $ 600
Duplicates $ 25
(h) Wholesalers of 3.2 percent
malt liquor $ 10
(i) Brewers who manufacture fewer than
2,000 barrels of malt liquor in a year $ 150

If a business licensed under this section is destroyed, or
damaged to the extent that it cannot be carried on, or if it
ceases because of the death or illness of the licensee, the
commissioner may refund the license fee for the balance of the
license period to the licensee or to the licensee's estate.

Sec. 2.

Minnesota Statutes 2004, section 340A.404,
subdivision 2, is amended to read:


Subd. 2.

Special provision; city of minneapolis.

(a) The
city of Minneapolis may issue an on-sale intoxicating liquor
license to the Guthrie Theater, the Cricket Theatre, the Orpheum
Theatre, the State Theatre, and the Historic Pantages Theatre,
notwithstanding the limitations of law, or local ordinance, or
charter provision relating to zoning or school or church
distances. The licenses authorize sales on all days of the week
to holders of tickets for performances presented by the theaters
and to members of the nonprofit corporations holding the
licenses and to their guests.

(b) The city of Minneapolis may issue an intoxicating
liquor license to 510 Groveland Associates, a Minnesota
cooperative, for use by a restaurant on the premises owned by
510 Groveland Associates, notwithstanding limitations of law, or
local ordinance, or charter provision.

(c) The city of Minneapolis may issue an on-sale
intoxicating liquor license to Zuhrah Shrine Temple for use on
the premises owned by Zuhrah Shrine Temple at 2540 Park Avenue
South in Minneapolis, and to the American Swedish Institute for
use on the premises owned by the American Swedish Institute at
2600 Park Avenue South, notwithstanding limitations of law, or
local ordinances, or charter provision relating to zoning or
school or church distances.

(d) The city of Minneapolis may issue an on-sale
intoxicating liquor license to the American Association of
University Women, Minneapolis branch, for use on the premises
owned by the American Association of University Women,
Minneapolis branch, at 2115 Stevens Avenue South in Minneapolis,
notwithstanding limitations of law, or local ordinances, or
charter provisions relating to zoning or school or church
distances.

(e) The city of Minneapolis may issue an on-sale wine
license and an on-sale 3.2 percent malt liquor license to a
restaurant located at 5000 Penn Avenue South, and an on-sale
wine license and an on-sale malt liquor license to a restaurant
located at 1931 Nicollet Avenue South, notwithstanding any law
or local ordinance or charter provision.

(f) The city of Minneapolis may issue an on-sale wine
license and an on-sale malt liquor license to the Brave New
Workshop Theatre located at 3001 Hennepin Avenue South, the
Theatre de la Jeune Lune, the Illusion Theatre located at 528
Hennepin Avenue South, the Hollywood Theatre located at 2815
Johnson Street Northeast, the Loring Playhouse located at 1633
Hennepin Avenue South, the Jungle Theater located at 2951
Lyndale Avenue South, Brave New Institute located at 2605
Hennepin Avenue South, the Guthrie Lab located at 700 North
First Street, and the Southern Theatre located at 1420
Washington Avenue South, notwithstanding any law or local
ordinance or charter provision. The license authorizes sales on
all days of the week.

(g) The city of Minneapolis may issue an on-sale
intoxicating liquor license to University Gateway Corporation, a
Minnesota nonprofit corporation, for use by a restaurant or
catering operator at the building owned and operated by the
University Gateway Corporation on the University of Minnesota
campus, notwithstanding limitations of law, or local ordinance
or charter provision. The license authorizes sales on all days
of the week.

new text begin (h) The city of Minneapolis may issue an on-sale
intoxicating liquor license to the Guthrie Theater's
concessionaire or operator for a restaurant and catering
operator on the premises of the Guthrie Theater, notwithstanding
limitations of law, local ordinance, or charter provisions. The
license authorizes sales on all days of the week.
new text end

Sec. 3.

Minnesota Statutes 2004, section 340A.504,
subdivision 1, is amended to read:


Subdivision 1.

3.2 percent malt liquor.

No sale of 3.2
percent malt liquor may be made between 2:00 a.m. and 8:00 a.m.
on the days of Monday through Saturday, nor between 2:00 a.m.
and deleted text begin 12:00 noon deleted text end new text begin 10:00 a.m.new text end on Sundaydeleted text begin , provided that an
establishment located on land owned by the Metropolitan Sports
Commission, or the sports arena for which one or more licenses
have been issued under section 340A.404, subdivision 2,
paragraph (c), may sell 3.2 percent malt liquor between 10:00
a.m. and 12:00 noon on a Sunday on which a sports or other event
is scheduled to begin at that location on or before 1:00 p.m. of
that day
deleted text end .

Sec. 4.

Minnesota Statutes 2004, section 340A.504,
subdivision 3, is amended to read:


Subd. 3.

Intoxicating liquor; sunday sales; on-sale.

(a)
A restaurant, club, bowling center, or hotel with a seating
capacity for at least 30 persons and which holds an on-sale
intoxicating liquor license may sell intoxicating liquor for
consumption on the premises in conjunction with the sale of food
between the hours of deleted text begin 12:00 noon deleted text end new text begin 10:00 a.m.new text end on Sundays and 2:00
a.m. on Mondays.

(b) deleted text begin The governing body of a municipality may after one
public hearing by ordinance permit a restaurant, hotel, bowling
center, or club to sell alcoholic beverages for consumption on
the premises in conjunction with the sale of food between the
hours of 10:00 a.m. on Sundays and 2:00 a.m. on Mondays,
provided that the licensee is in conformance with the Minnesota
Clean Air Act.
deleted text end

deleted text begin (c) deleted text end 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 (d) deleted text end new text begin (c) new text end 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 deleted text begin (e) deleted text end new text begin (d)new text end . 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 begin (e) deleted text end new text begin (d) new text end 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 begin (f) deleted text end new text begin (e) 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 $50, plus $20 for each
duplicate.

Sec. 5.

Minnesota Statutes 2004, 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:

(1) on Sundays;

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

(3) deleted text begin after 10:00 p.m. on Monday through Saturday at an
establishment located in a city other than a city of the first
class or within a city located within 15 miles of a city of the
first class in the same county;
deleted text end

deleted text begin (4) after 8:00 p.m. on Monday through Thursday and after
10:00 p.m. on Friday and Saturday at an establishment located in
a city of the first class or within a city located within 15
miles of a city of the first class in the same county, provided
that an establishment may sell intoxicating liquor until 10:00
p.m. on December 31 and July 3, and on the day preceding
Thanksgiving day, unless otherwise prohibited under clause (1);
deleted text end

deleted text begin (5) deleted text end on Thanksgiving Day;

deleted text begin (6) deleted text end new text begin (4) new text end on Christmas Day, December 25; or

deleted text begin (7) deleted text end new text begin (5) new text end after 8:00 p.m. on Christmas Eve, December 24.

Sec. 6.

Laws 2000, chapter 440, section 10, is amended to
read:


Sec. 10new text begin WINE LICENSE; MAIN STREET STAGE THEATRE.
new text end

The city of Anoka may issue an on-sale wine new text begin and malt liquor
new text end license to the Lyric Arts Company of Anoka, Inc. for the Main
Street Stage Theatre. The license authorizes sales new text begin of wine and
malt liquor
new text end on all days of the week to holders of tickets for
performances at the theater. All provisions of Minnesota
Statutes, chapter 340A, not inconsistent with this section,
apply to the license authorized under this section.

Sec. 7.

Laws 2003, chapter 126, section 28, is amended to
read:


Sec. 28new text begin ELKO SPEEDWAY; ON-SALE LICENSE.
new text end

Notwithstanding Minnesota Statutes, section 340A.404,
subdivision 1, the city of Elko may issue an on-sale
intoxicating liquor license to the Elko Speedway in addition to
the number authorized by law. The license may authorize sales
deleted text begin only deleted text end new text begin both new text end to persons attending deleted text begin racing deleted text end new text begin any and all new text end eventsnew text begin , and
sales in a restaurant/bar/banquet facility,
new text end at the speedway.
new text begin The license authorizes sales on all days of the week.new text end All
provisions of Minnesota Statutes, chapter 340A, not inconsistent
with this provision, apply to the license authorized under this
section. The license may be issued for a space that is not
compact and contiguous, provided that the licensed premises may
include only the space within the fenced deleted text begin grandstand deleted text end area as
described in the approved license application.

Sec. 8. new text begin CITY OF CALEDONIA; LIQUOR LICENSE.
new text end

new text begin Notwithstanding any other law, the city of Caledonia may
issue an on-sale intoxicating liquor license to Caledonia Area
Community Charities, Inc., for the Four Seasons Center in
Caledonia. The license authorizes the licensee to dispense
intoxicating liquor only to persons attending events at the
center. All provisions of Minnesota Statutes, chapter 340A, not
inconsistent with this section, apply to the license authorized
under this section.
new text end

Sec. 9. new text begin CITY OF DULUTH; ON-SALE LICENSE.
new text end

new text begin Notwithstanding any other law, the city of Duluth may issue
an on-sale intoxicating liquor license for the premises known
and used as the Enger Park golf course, or for any portion of
the premises as described in the approved license application.
The license may be issued to the city or to any person or
corporation under contract or agreement with the city with
respect to operation of the golf course. All provisions of
Minnesota Statutes, chapter 340A, not inconsistent herewith,
apply to the license authorized under this section.
new text end

Sec. 10. new text begin CITY OF EDEN PRAIRIE; ON-SALE LICENSE.
new text end

new text begin Notwithstanding any law, local ordinance, or charter
provision, the city of Eden Prairie may issue an on-sale
intoxicating liquor license to any entity holding an operating
food service contract with the city for the operation of the
cafeteria, for use by the entity at the premises owned by the
city of Eden Prairie, at 8080 Mitchell Road in Eden Prairie.
The license authorizes sales on all days of the week to persons
attending special events in the cafeteria. The licensee may not
dispense intoxicating liquor to any person attending or
participating in an amateur athletic event held on the premises
unless such dispensing is authorized by resolution of the city
council. The license authorized by this subdivision may be
issued for space that is not compact and contiguous, provided
that all such space is within the City Center building and is
included in the description of the licensed premises on the
approved license application.
new text end

Sec. 11. new text begin MANKATO; ON-SALE INTOXICATING LIQUOR LICENSE.
new text end

new text begin The city of Mankato may issue an on-sale intoxicating
liquor license to the premises known as the Midwest Wireless
Civic Center. The license authorizes sales on all days of the
week to persons attending events at the center. All provisions
of Minnesota Statutes, chapter 340A, not inconsistent with this
section, apply to the license authorized under this section.
new text end

Sec. 12. new text begin OFF-SALE INTOXICATING LIQUOR LICENSE; MILLE LACS
COUNTY.
new text end

new text begin Notwithstanding Minnesota Statutes, section 340A.405,
subdivision 2, paragraph (c), the Mille Lacs County Board may
issue an off-sale intoxicating liquor license to an exclusive
liquor store located in Eastside Township. All other provisions
of Minnesota Statutes, chapter 340A, not inconsistent with this
section, apply to the license authorized under this section.
new text end

Sec. 13. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 8, 9, 10, 11, and 12 are effective the day
following final enactment. Section 2 is effective the day
following final enactment. Under Minnesota Statutes, section
645.023, subdivision 1, paragraph (a), section 2 takes effect
without local approval. Section 6 is effective on approval by
the Anoka City Council and compliance with Minnesota Statutes,
section 645.021. Section 7 is effective on approval by the Elko
City Council and compliance with Minnesota Statutes, section
645.021.
new text end