HF 1079

1st Engrossment - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to alcoholic beverages; authorizing 
  1.3             acceptance of certain coupons by retailers of 
  1.4             alcoholic beverages; authorizing issuance of on-sale 
  1.5             and temporary on-sale intoxicating liquor licenses in 
  1.6             Minneapolis, St. Paul, Detroit Lakes, Eden Prairie, 
  1.7             International Falls, Marshall, Proctor, and 
  1.8             Stillwater; providing for duration of on-sale 
  1.9             intoxicating liquor licenses for seasonal tour boats; 
  1.10            amending Minnesota Statutes 1998, sections 340A.404, 
  1.11            subdivisions 2, 8, and by adding a subdivision; 
  1.12            340A.412, subdivision 4; and 340A.5071; repealing Laws 
  1.13            1998, chapter 364, section 13. 
  1.14  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.15     Section 1.  Minnesota Statutes 1998, section 340A.404, 
  1.16  subdivision 2, is amended to read: 
  1.17     Subd. 2.  [SPECIAL PROVISION; CITY OF MINNEAPOLIS.] (a) The 
  1.18  city of Minneapolis may issue an on-sale intoxicating liquor 
  1.19  license to the Guthrie Theatre, the Cricket Theatre, the Orpheum 
  1.20  Theatre, and the State Theatre, notwithstanding the limitations 
  1.21  of law, or local ordinance, or charter provision relating to 
  1.22  zoning or school or church distances.  The licenses authorize 
  1.23  sales on all days of the week to holders of tickets for 
  1.24  performances presented by the theatres and to members of the 
  1.25  nonprofit corporations holding the licenses and to their guests. 
  1.26     (b) The city of Minneapolis may issue an intoxicating 
  1.27  liquor license to 510 Groveland Associates, a Minnesota 
  1.28  cooperative, for use by a restaurant on the premises owned by 
  1.29  510 Groveland Associates, notwithstanding limitations of law, or 
  2.1   local ordinance, or charter provision. 
  2.2      (c) The city of Minneapolis may issue an on-sale 
  2.3   intoxicating liquor license to Zuhrah Shrine Temple for use on 
  2.4   the premises owned by Zuhrah Shrine Temple at 2540 Park Avenue 
  2.5   South in Minneapolis, notwithstanding limitations of law, or 
  2.6   local ordinances, or charter provision relating to zoning or 
  2.7   school or church distances. 
  2.8      (d) The city of Minneapolis may issue an on-sale 
  2.9   intoxicating liquor license to the American Association of 
  2.10  University Women, Minneapolis branch, for use on the premises 
  2.11  owned by the American Association of University Women, 
  2.12  Minneapolis branch, at 2115 Stevens Avenue South in Minneapolis, 
  2.13  notwithstanding limitations of law, or local ordinances, or 
  2.14  charter provisions relating to zoning or school or church 
  2.15  distances. 
  2.16     (e) The city of Minneapolis may issue an on-sale wine 
  2.17  license and an on-sale 3.2 percent malt liquor license to a 
  2.18  restaurant located at 5000 Penn Avenue South and an on-sale wine 
  2.19  license and an on-sale intoxicating malt liquor license to a 
  2.20  restaurant located at 1931 Nicollet Avenue South, 
  2.21  notwithstanding any law or local ordinance or charter provision. 
  2.22     (f) The city of Minneapolis may issue an on-sale license 
  2.23  authorizing the sale of wine and intoxicating and 3.2 percent 
  2.24  malt liquor to the Brave New Workshop Theatre located at 3001 
  2.25  Hennepin Avenue South, notwithstanding any law or local 
  2.26  ordinance or charter provision.  The license authorizes sales on 
  2.27  all days of the week.  The license is not subject to the 
  2.28  limitations in section 340A.413, subdivision 1. 
  2.29     Sec. 2.  Minnesota Statutes 1998, section 340A.404, is 
  2.30  amended by adding a subdivision to read: 
  2.31     Subd. 2b.  [SPECIAL PROVISION; CITY OF ST. PAUL.] The city 
  2.32  of St. Paul may issue an on-sale intoxicating liquor license to 
  2.33  the Fitzgerald Theatre, notwithstanding the limitations of law, 
  2.34  local ordinance, or charter provision relating to zoning or 
  2.35  school or church distances.  The license authorizes sales on all 
  2.36  days of the week to holders of tickets for performances 
  3.1   presented by the theatre and to members of the nonprofit 
  3.2   corporation holding the licenses and to their guests. 
  3.3      Sec. 3.  Minnesota Statutes 1998, section 340A.404, 
  3.4   subdivision 8, is amended to read: 
  3.5      Subd. 8.  [LAKE SUPERIOR, ST. CROIX RIVER, AND MISSISSIPPI 
  3.6   RIVER TOUR BOATS.] (a) The commissioner may issue an on-sale 
  3.7   intoxicating liquor license to a person regularly engaged, on an 
  3.8   annual or seasonal basis, in the business of offering tours by 
  3.9   boat on Lake Superior and adjacent bays, the St. Croix river, 
  3.10  and the Mississippi river.  The license shall authorize the sale 
  3.11  of intoxicating liquor between May 1 and October November 1 for 
  3.12  consumption on the boat while underway or attached to a dock or 
  3.13  other mooring.  No license may be issued unless each boat used 
  3.14  in the tour business regularly sells meals in the place where 
  3.15  intoxicating liquor is sold. 
  3.16     (b) All sales of intoxicating liquor made on a boat while 
  3.17  it is attached to a dock or other mooring are subject to any 
  3.18  restrictions on the sale of liquor prescribed by the governing 
  3.19  body of the city where the boat is attached, or of a county when 
  3.20  it is attached outside a city.  A governing body may prohibit 
  3.21  liquor sales within its jurisdiction but may not require an 
  3.22  additional license, or require a fee or occupation tax, for the 
  3.23  sales. 
  3.24     Sec. 4.  Minnesota Statutes 1998, section 340A.412, 
  3.25  subdivision 4, is amended to read: 
  3.26     Subd. 4.  [LICENSES PROHIBITED IN CERTAIN AREAS.] (a) No 
  3.27  license to sell intoxicating liquor may be issued within the 
  3.28  following areas: 
  3.29     (1) where restricted against commercial use through zoning 
  3.30  ordinances and other proceedings or legal processes regularly 
  3.31  had for that purpose, except licenses may be issued to 
  3.32  restaurants in areas which were restricted against commercial 
  3.33  uses after the establishment of the restaurant; 
  3.34     (2) within the capitol or on the capitol grounds, except as 
  3.35  provided under Laws 1983, chapter 259, section 9, or section 10 
  3.36  of this act; 
  4.1      (3) on the state fairgrounds or at any place in a city of 
  4.2   the first class within one-half mile of the fairgrounds, except 
  4.3   as otherwise provided by charter; 
  4.4      (4) on the campus of the college of agriculture of the 
  4.5   University of Minnesota or at any place in a city of the first 
  4.6   class within one-half mile of the campus, provided that a city 
  4.7   may issue one on-sale wine license in this area that is not 
  4.8   included in the area described in clause (3), except as provided 
  4.9   by charter; 
  4.10     (5) within 1,000 feet of a state hospital, training school, 
  4.11  reformatory, prison, or other institution under the supervision 
  4.12  or control, in whole or in part, of the commissioner of human 
  4.13  services or the commissioner of corrections; 
  4.14     (6) in a town or municipality in which a majority of votes 
  4.15  at the last election at which the question of license was voted 
  4.16  upon were not in favor of license under section 340A.416, or 
  4.17  within one-half mile of any such town or municipality, except 
  4.18  that intoxicating liquor manufactured within this radius may be 
  4.19  sold to be consumed outside it; 
  4.20     (7) at any place on the east side of the Mississippi River 
  4.21  within one-tenth of a mile of the main building of the 
  4.22  University of Minnesota unless (i) the licensed establishment is 
  4.23  on property owned or operated by a nonprofit corporation 
  4.24  organized prior to January 1, 1940, for and by former students 
  4.25  of the University of Minnesota, or (ii) the licensed premises is 
  4.26  Northrup Auditorium and the board of regents approves the 
  4.27  issuance of the license; 
  4.28     (8) within 1,500 feet of a state university, except that: 
  4.29     (i) the minimum distance in the case of Winona and 
  4.30  Southwest State University is 1,200 feet; 
  4.31     (ii) within 1,500 feet of St. Cloud State University one 
  4.32  on-sale wine and two off-sale intoxicating liquor licenses may 
  4.33  be issued, measured by a direct line from the nearest corner of 
  4.34  the administration building to the main entrance of the licensed 
  4.35  establishment; 
  4.36     (iii) at Mankato State University the distance is measured 
  5.1   from the front door of the student union of the Highland campus; 
  5.2   and 
  5.3      (iv) a temporary license under section 340A.404, 
  5.4   subdivision 10, may be issued to a location on the grounds of a 
  5.5   state university for an event sponsored or approved by the state 
  5.6   university; and 
  5.7      (9) within 1,500 feet of any public school that is not 
  5.8   within a city. 
  5.9      (b) The restrictions of this subdivision do not apply to a 
  5.10  manufacturer or wholesaler of intoxicating liquor or to a 
  5.11  drugstore or to a person who had a license originally issued 
  5.12  lawfully prior to July 1, 1967. 
  5.13     Sec. 5.  Minnesota Statutes 1998, section 340A.5071, is 
  5.14  amended to read: 
  5.15     340A.5071 [COUPONS PROHIBITED.] 
  5.16     Subdivision 1.  [COUPONS PROHIBITED.] A retailer of 
  5.17  alcoholic beverages may not accept as full or partial payment 
  5.18  for any product any coupons that are redeemed directly or 
  5.19  indirectly from a manufacturer or wholesaler of alcoholic 
  5.20  beverages. 
  5.21     Subd. 2.  [EXCEPTION.] Notwithstanding subdivision 1, a 
  5.22  retailer of alcoholic beverages may accept cash-equivalent 
  5.23  coupons for products other than alcoholic beverages, if 
  5.24  redemption of such coupons by a retailer is through a third 
  5.25  party independent of either the manufacturer of the products or 
  5.26  the retailer. 
  5.27     Sec. 6.  [DETROIT LAKES; LIQUOR LICENSE.] 
  5.28     The city of Detroit Lakes may issue one on-sale 
  5.29  intoxicating liquor license in addition to the number authorized 
  5.30  by law.  All provisions of Minnesota Statutes, chapter 340A, not 
  5.31  inconsistent with this section, apply to the license authorized 
  5.32  by this section. 
  5.33     Sec. 7.  [CITY OF EDEN PRAIRIE; LIQUOR LICENSES.] 
  5.34     The city of Eden Prairie may issue six on-sale intoxicating 
  5.35  liquor licenses in addition to the number authorized by law.  
  5.36  All provisions of Minnesota Statutes, chapter 340A, not 
  6.1   inconsistent with this section, apply to the licenses authorized 
  6.2   under this section. 
  6.3      Sec. 8.  [CITY OF INTERNATIONAL FALLS; TEMPORARY LICENSE.] 
  6.4      Notwithstanding any other law to the contrary, the 
  6.5   International Falls city council may issue a temporary license 
  6.6   for the on-sale of intoxicating liquor to the all class reunion 
  6.7   committee of International Falls High School in connection with 
  6.8   the all class reunion to be held June 29 to July 4, 2000.  The 
  6.9   license may authorize the on-sale of intoxicating liquor for the 
  6.10  period of June 29 to July 4, 2000, on premises designated by the 
  6.11  International Falls city council.  The license may provide that 
  6.12  the licensee may contract for intoxicating liquor catering 
  6.13  services with the holder of a full-year on-sale intoxicating 
  6.14  liquor license issued by any municipality.  The license is 
  6.15  subject to the terms, including a license fee, imposed by the 
  6.16  city council.  The license is subject to all laws and ordinances 
  6.17  governing the sale of intoxicating liquor except Minnesota 
  6.18  Statutes, sections 340A.409; 340A.504, subdivision 3, paragraph 
  6.19  (d); and 624.701, subdivision 1.  
  6.20     Sec. 9.  [CITY OF MARSHALL; LIQUOR LICENSES.] 
  6.21     The city of Marshall may issue three on-sale intoxicating 
  6.22  liquor licenses in addition to the number authorized by law.  
  6.23  All provisions of Minnesota Statutes, chapter 340A, not 
  6.24  inconsistent with this section, apply to the licenses authorized 
  6.25  under this section. 
  6.26     Sec. 10.  [CITY OF PROCTOR; LIQUOR LICENSE.] 
  6.27     The city of Proctor may issue one on-sale intoxicating 
  6.28  liquor license in addition to the number authorized by law.  All 
  6.29  provisions of Minnesota Statutes, chapter 340A, not inconsistent 
  6.30  with this section, apply to the license authorized under this 
  6.31  section. 
  6.32     Sec. 11.  [CITY OF ST. PAUL; TEMPORARY LICENSES.] 
  6.33     The city of St. Paul may issue temporary intoxicating 
  6.34  liquor licenses under Minnesota Statutes, section 340A.404, 
  6.35  subdivision 10, to Macalester College for locations on the 
  6.36  college campus for the Macalester Scottish Fair and for the 
  7.1   annual alumni reunion weekend without regard to the limitation 
  7.2   in Minnesota Statutes, section 340A.410, subdivision 10, 
  7.3   paragraph (b). 
  7.4      Sec. 12.  [CITY OF ST. PAUL; TEMPORARY LICENSE.] 
  7.5      Notwithstanding Minnesota Statutes, section 340A.412, 
  7.6   subdivision 4, the city of St. Paul may issue a temporary 
  7.7   on-sale intoxicating liquor license to Twin Cities Marathon, 
  7.8   Inc.  The license may authorize only the sale of intoxicating 
  7.9   malt liquor and 3.2 percent malt liquor on the grounds of the 
  7.10  state capitol on the day of the Twin Cities Marathon.  The 
  7.11  intoxicating malt liquor and 3.2 percent malt liquor must be 
  7.12  produced by a Minnesota brewery.  All provisions of Minnesota 
  7.13  Statutes, section 340A.404, subdivision 10, not inconsistent 
  7.14  with this section, apply to the license authorized by this 
  7.15  section. 
  7.16     Sec. 13.  [CITY OF STILLWATER; LIQUOR LICENSES.] 
  7.17     Notwithstanding any other law, the city of Stillwater may 
  7.18  issue two on-sale intoxicating liquor licenses in addition to 
  7.19  the number authorized by law.  The licenses may not be issued 
  7.20  for any location in the downtown central business district of 
  7.21  Stillwater.  All provisions of Minnesota Statutes, chapter 340A, 
  7.22  not inconsistent with this section, apply to the licenses 
  7.23  authorized by this section. 
  7.24     Sec. 14.  [REPEALER.] 
  7.25     Laws 1998, chapter 364, section 13, is repealed. 
  7.26     Sec. 15.  [EFFECTIVE DATE.] 
  7.27     Section 1 is effective on approval by the Minneapolis city 
  7.28  council and compliance with Minnesota Statutes, section 645.021. 
  7.29  Sections 2, 11, and 12 are each effective on approval by the St. 
  7.30  Paul city council and compliance with Minnesota Statutes, 
  7.31  section 645.021.  Sections 4 and 14 are effective the day 
  7.32  following final enactment.  Section 6 is effective on approval 
  7.33  by the Detroit Lakes city council and compliance with Minnesota 
  7.34  Statutes, section 645.021.  Section 7 is effective on approval 
  7.35  by the Eden Prairie city council and compliance with Minnesota 
  7.36  Statutes, section 645.021.  Section 8 is effective on approval 
  8.1   by the International Falls city council and compliance with 
  8.2   Minnesota Statutes, section 645.021.  Section 9 is effective on 
  8.3   approval by the Marshall city council and compliance with 
  8.4   Minnesota Statutes, section 645.021.  Section 10 is effective on 
  8.5   approval by the Proctor city council and compliance with 
  8.6   Minnesota Statutes, section 645.021.  Section 13 is effective on 
  8.7   approval by the Stillwater city council and compliance with 
  8.8   Minnesota Statutes, section 645.021.