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Minnesota Legislature

Office of the Revisor of Statutes

HF 1078

as introduced - 90th Legislature (2017 - 2018) Posted on 02/27/2017 04:04pm

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to liquor; providing for off-sale for brew pubs and small brewers; amending
Minnesota Statutes 2016, sections 340A.24, subdivision 3; 340A.28; 340A.285.

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

Section 1.

Minnesota Statutes 2016, section 340A.24, subdivision 3, is amended to read:


Subd. 3.

Total retail sales.

A brew pub's total retail sales at on- or off-sale under this
section may not exceed 3,500 barrels per yeardeleted text begin, provided that off-sales may not total more
than 500 barrels
deleted text end.

Sec. 2.

Minnesota Statutes 2016, section 340A.28, is amended to read:


340A.28 SMALL BREWER OFF-SALE.

Subdivision 1.

License; limitations.

A brewer licensed under section 340A.301,
subdivision 6, clause (c), (i), or (j), may be issued a license by a municipality for off-sale
of malt liquor at its licensed premises that has been produced and packaged by the brewer.
The license must be approved by the commissioner. A brewer may only have one license
under this subdivision. deleted text beginThe amount of malt liquor sold at off-sale may not exceed 500 barrels
annually.
deleted text end Off-sale of malt liquor shall be limited to the legal hours for off-sale at exclusive
liquor stores in the jurisdiction in which the brewer is located, and the malt liquor sold
off-sale must be removed from the premises before the applicable off-sale closing time at
exclusive liquor stores, except that malt liquor in growlers only may be sold at off-sale on
Sundays. Sunday sales must be approved by the licensing jurisdiction and hours may be
established by those jurisdictions. Packaging of malt liquor for off-sale under this subdivision
must comply with section 340A.285.

Subd. 2.

Prohibition.

A municipality may not issue a license under this section to a
brewer if the brewer seeking the license, or any person having an economic interest in the
brewer seeking the license or exercising control over the brewer seeking the license, is a
brewer that brews more than deleted text begin20,000deleted text endnew text begin 250,000new text end barrels of its own brands of malt liquor annually
or a winery that produces more than 250,000 gallons of wine annually.

Subd. 3.

Fee.

The municipality shall impose a licensing fee on a brewer holding a license
under this subdivision, subject to limitations applicable to license fees under section
340A.408, subdivision 3, paragraph (a).

Sec. 3.

Minnesota Statutes 2016, section 340A.285, is amended to read:


340A.285 GROWLERS.

(a) Malt liquor authorized for off-sale pursuant to section 340A.24 or 340A.28 shall be
packaged in deleted text begin64-ouncedeleted text end containers commonly known as "growlers" or in deleted text begin750 milliliter bottles.
The containers or bottles shall bear a twist-type closure, cork, stopper, or plug
deleted text endnew text begin any vessel
containing between 500 milliliters and two liters
new text end. At the time of sale, a paper or plastic
adhesive band, strip, or sleeve shall be applied to the container or deleted text beginbottledeleted text endnew text begin vesselnew text end and extended
over the top of the twist-type closure, cork, stopper, or plug forming a seal that must be
broken upon opening the container or deleted text beginbottledeleted text endnew text begin vesselnew text end. The adhesive band, strip, or sleeve shall
bear the name and address of the brewer. The containers or deleted text beginbottlesdeleted text endnew text begin vesselsnew text end shall be identified
as malt liquor, contain the name of the malt liquor, bear the name and address of the brew
pub or brewer selling the malt liquor, and shall be considered intoxicating liquor unless the
alcoholic content is labeled as otherwise in accordance with the provisions of Minnesota
Rules, part 7515.1100.

(b) A brew pub or brewer may, but is not required to, refill any container or deleted text beginbottledeleted text endnew text begin vesselnew text end
with malt liquor for off-sale at the request of the customer. A brew pub or brewer refilling
a container or deleted text beginbottledeleted text endnew text begin vesselnew text end must do so at its licensed premises and the container or deleted text beginbottledeleted text endnew text begin
vessel
new text end must be filled at the tap at the time of sale. A container or deleted text beginbottledeleted text endnew text begin vesselnew text end refilled under
this paragraph must be sealed and labeled in the manner described in paragraph (a).