HF 1277

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to alcoholic beverages; importation; 
  1.3             prohibiting delivery of alcoholic beverages 
  1.4             manufactured outside the state to any location in 
  1.5             Minnesota except a wholesaler's warehouse; requiring 
  1.6             such alcoholic beverages to be carried by motor 
  1.7             carriers or wholesalers; requiring products to be 
  1.8             labeled in conformity with federal labeling 
  1.9             regulations; prohibiting certain solicitations of 
  1.10            orders for alcoholic beverages to be delivered to any 
  1.11            location other than a wholesaler's warehouse; creating 
  1.12            a cause of action; repealing authorization for certain 
  1.13            wine shipments into the state; proposing coding for 
  1.14            new law in Minnesota Statutes, chapter 340A; repealing 
  1.15            Minnesota Statutes 1996, section 340A.417. 
  1.16  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.17     Section 1.  [340A.3021] [IMPORTATION RESTRICTIONS.] 
  1.18     Subdivision 1.  [DELIVERY TO WHOLESALER ONLY.] (a) No 
  1.19  person may consign, ship, or deliver alcoholic beverages to any 
  1.20  place in Minnesota except to a licensed wholesaler's warehouse, 
  1.21  if the alcoholic beverages: 
  1.22     (1) were manufactured outside Minnesota; and 
  1.23     (2) have not previously been unloaded into a licensed 
  1.24  wholesaler's warehouse in Minnesota. 
  1.25     (b) No person may ship or consign into Minnesota any 
  1.26  alcoholic beverages manufactured outside the state unless the 
  1.27  alcoholic beverages are continuously in the possession of a 
  1.28  motor carrier of property as defined in section 221.011, 
  1.29  subdivision 47, or are carried in a motor vehicle owned, leased, 
  1.30  or rented by a wholesaler licensed under this chapter, between 
  2.1   the time the alcoholic beverages are introduced into Minnesota 
  2.2   and the time they are unloaded into a licensed wholesaler's 
  2.3   warehouse. 
  2.4      Subd. 2.  [EXCEPTIONS.] Subdivision 1 does not apply to: 
  2.5      (1) alcoholic beverages passing through Minnesota in 
  2.6   interstate commerce, while in the custody and under the control 
  2.7   of a motor carrier of property; and 
  2.8      (2) alcoholic beverages imported into Minnesota by 
  2.9   individuals for personal use in the amounts permitted under 
  2.10  section 297C.09. 
  2.11     Subd. 3.  [CONFORMITY WITH FEDERAL REGULATIONS.] No 
  2.12  manufacturer, importer, or wholesaler licensed under this 
  2.13  chapter may introduce into Minnesota any bottle or other 
  2.14  container containing alcoholic beverages unless the alcoholic 
  2.15  beverages are packaged and labeled in conformity with all 
  2.16  applicable federal labeling regulations. 
  2.17     Subd. 4.  [SOLICITATIONS PROHIBITED.] No person may send or 
  2.18  mail, or cause to be sent or mailed any letter, postcard, 
  2.19  circular, catalog, pamphlet, or similar publication for delivery 
  2.20  in Minnesota that is intended to solicit an order for alcoholic 
  2.21  beverages to be shipped to any location in Minnesota other than 
  2.22  a licensed wholesaler's warehouse. 
  2.23     Subd. 5.  [CAUSE OF ACTION.] A person who is adversely 
  2.24  affected by a violation of this section may bring an action in a 
  2.25  court of appropriate jurisdiction to seek damages or injunctive 
  2.26  relief.  On a finding by the court that a person has violated or 
  2.27  is violating this section, the court may enjoin the violation or 
  2.28  violations.  Any person licensed under this chapter is presumed 
  2.29  to be adversely affected by a violation of this section. 
  2.30     Sec. 2.  [REPEALER.] 
  2.31     Minnesota Statutes 1996, section 340A.417, is repealed.