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HF 1326

1st Engrossment - 87th Legislature (2011 - 2012) Posted on 05/02/2011 03:11pm

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to liquor; authorizing brewer taproom licenses; allowing a bed and
breakfast to serve Minnesota beer; making clarifying, technical, and other
changes to certain license provisions; authorizing the issuance of certain on-sale
and off-sale licenses; amending Minnesota Statutes 2010, sections 340A.301, by
adding a subdivision; 340A.4011, subdivision 2; 340A.404, subdivision 7, by
adding subdivisions; 340A.412, subdivisions 4, 14.

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

Section 1.

Minnesota Statutes 2010, section 340A.301, is amended by adding a
subdivision to read:


new text begin Subd. 6b. new text end

new text begin Brewer taproom license. new text end

new text begin (a) A municipality may issue the holder of
a brewer's license under subdivision 6, clause (c), (i), or (j), a brewer taproom license.
A brewer taproom license authorizes on-sale of malt liquor produced by the brewer for
consumption on the premises of or adjacent to one brewery location owned by the brewer.
Nothing in this subdivision precludes the holder of a brewer taproom license from also
holding a license to operate a restaurant at the brewery. Section 340A.409 shall apply to a
license issued under this subdivision. All provisions of this chapter that apply to a retail
liquor license shall apply to a license issued under this subdivision unless the provision is
explicitly inconsistent with this subdivision.
new text end

new text begin (b) A brewer may only have one taproom license under this subdivision, and may
not have an ownership interest in a brewery licensed under subdivision 6, clause (d).
new text end

new text begin (c) A municipality may not issue a brewer taproom license 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 250,000 barrels of malt liquor annually or a winery that produces more than
250,000 gallons of wine annually.
new text end

new text begin (d) The municipality shall impose a licensing fee on a brewer holding a brewer
taproom license under this subdivision, subject to limitations applicable to license fees
under section 340A.408, subdivision 2, paragraph (a).
new text end

new text begin (e) A municipality shall, within ten days of the issuance of a license under this
subdivision, inform the commissioner of the licensee's name and address and trade name,
and the effective date and expiration date of the license. The municipality shall also
inform the commissioner of a license transfer, cancellation, suspension, or revocation
during the license period.
new 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. 2.

Minnesota Statutes 2010, section 340A.4011, subdivision 2, is amended to read:


Subd. 2.

License not required.

(a) Notwithstanding section 340A.401, no license
under this chapter is required for a bed and breakfast facility to provide at no additional
charge to a person renting a room at the facility not more than two glasses per day each
containing not more than four fluid ounces of winenew text begin, or not more than one glass per day
containing not more than 12 ounces of Minnesota-produced beer
new text end. Wine new text beginor beer new text endso
furnished may be consumed only on the premises of the bed and breakfast facility.

(b) A bed and breakfast facility may furnish wine new text beginor beer new text endunder paragraph (a) only if
the facility is registered with the commissioner. Application for such registration must be
on a form the commissioner provides. The commissioner may revoke registration under
this paragraph for any violation of this chapter or a rule adopted under this chapter.

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.

Minnesota Statutes 2010, section 340A.404, subdivision 7, is amended to read:


Subd. 7.

Airports commission.

On-sale licenses may be issued by the Metropolitan
Airports Commission for the sale of intoxicating liquor in major airports owned by
the Metropolitan Airports Commission and used as terminals for regularly scheduled
air passenger service.new text begin Notwithstanding any other law, the license authorized by this
subdivision may be issued for space that is not compact and contiguous.
new 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. 4.

Minnesota Statutes 2010, section 340A.404, is amended by adding a
subdivision to read:


new text begin Subd. 10a. new text end

new text begin Temporary on-sale licenses; farm winery. new text end

new text begin The governing body of a
municipality may issue to a farm winery licensed under section 340A.315 a temporary
license for the on-sale at a county fair located within the municipality of intoxicating
liquor produced by the farm winery. The licenses are subject to the terms, including a
license fee, imposed by the issuing municipality and all laws and ordinances governing
the sale of intoxicating liquor not inconsistent with this section. Licenses under this
subdivision are not valid unless first approved by the commissioner of public safety.
new 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. 5.

Minnesota Statutes 2010, section 340A.404, is amended by adding a
subdivision to read:


new text begin Subd. 14. new text end

new text begin Private college. new text end

new text begin Notwithstanding any other law, local ordinance, or
charter provision, the governing body of a municipality may issue an on-sale intoxicating
liquor license to a private, nonprofit college located within the municipality, or to any
entity holding a caterer's permit and a contract with the private, nonprofit college for
catering on the premises of the private, nonprofit college, or for any portion of the
premises as described in the approved license application. The license authorized by this
subdivision may be issued for space that is not compact and contiguous, provided that
all such space is included in the description of the licensed premises on the approved
license application. The license authorizes sales on all days of the week to persons
attending events at the private, nonprofit college. All other provisions of this chapter not
inconsistent with this section apply to the license authorized under this section.
new 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. 6.

Minnesota Statutes 2010, section 340A.412, subdivision 4, is amended to read:


Subd. 4.

Licenses prohibited in certain areas.

(a) No license to sell intoxicating
liquor may be issued within the following areas:

(1) where restricted against commercial use through zoning ordinances and other
proceedings or legal processes regularly had for that purpose, except licenses may be
issued to restaurants in areas which were restricted against commercial uses after the
establishment of the restaurant;

(2) within the Capitol or on the Capitol grounds, except as provided under Laws
1983, chapter 259, section 9, or Laws 1999, chapter 202, section 13;

(3) on the State Fairgrounds, except as provided under section 37.21, subdivision 2;

(4) on the campus of the College of Agriculture of the University of Minnesota;

(5) within 1,000 feet of a state hospital, training school, reformatory, prison, or other
institution under the supervision or control, in whole or in part, of the commissioner of
human services or the commissioner of corrections;

(6) in a town or municipality in which a majority of votes at the last election
at which the question of license was voted upon were not in favor of license under
section 340A.416, or within one-half mile of any such town or municipality, except that
intoxicating liquor manufactured within this radius may be sold to be consumed outside it;

(7) within 1,500 feet of a state university, except that:

(i) the minimum distance in the case of Winona and Southwest State University is
1,200 feet, measured by a direct line from the nearest corner of the administration building
to the main entrance of the licensed establishment;

(ii) within 1,500 feet of St. Cloud State University one on-sale wine and two off-sale
intoxicating liquor licenses may be issued, measured by a direct line from the nearest
corner of the administration building to the main entrance of the licensed establishment;

(iii) at Mankato State University the distance is measured from the front door of
the student union of the Highland campus;

(iv) a temporary license under section 340A.404, subdivision 10, may be issued to
a location on the grounds of a state university for an event sponsored or approved by
the state university; deleted text beginand
deleted text end

(v) this restriction does not apply to the area surrounding the premises of
Metropolitan State University in Minneapolis; and

new text begin (vi) at Minnesota State University, Moorhead, the distance is measured from any
point along the property line of the university abutting the right-of-way of the public
streets that form the primary campus boundary beginning at the intersection of Sixth
Avenue South and Eleventh Street South, then southerly along Eleventh Street South to
Ninth Avenue South, then easterly along Ninth Avenue South to Twentieth Street South,
then northerly along Twentieth Street South to Sixth Avenue South, then westerly along
Sixth Avenue South to the beginning point; and
new text end

(8) within 1,500 feet of any public school that is not within a city.

(b) The restrictions of this subdivision do not apply to a manufacturer or wholesaler
of intoxicating liquor or to a drugstore or to a person who had a license originally issued
lawfully prior to July 1, 1967.

new text begin EFFECTIVE DATE. new text end

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

Sec. 7.

Minnesota Statutes 2010, section 340A.412, subdivision 14, is amended to read:


Subd. 14.

Exclusive liquor stores.

(a) Except as otherwise provided in this
subdivision, an exclusive liquor store may sell only the following items:

(1) alcoholic beverages;

(2) tobacco products;

(3) ice;

(4) beverages, either liquid or powder, specifically designated for mixing with
intoxicating liquor;

(5) soft drinks;

(6) liqueur-filled candies;

(7) food products that contain more than one-half of one percent alcohol by volume;

(8) cork extraction devices;

(9) books and videos on the use of alcoholic beverages;

(10) magazines and other publications published primarily for information and
education on alcoholic beverages;

(11) multiple-use bags designed to carry purchased items;

(12) devices designed to ensure safe storage and monitoring of alcohol in the home,
to prevent access by underage drinkers; deleted text beginand
deleted text end

(13) home brewing equipmentnew text begin; and
new text end

new text begin (14) clothing marked with the specific name, brand, or identifying logo of the
exclusive liquor store, and bearing no other name, brand, or identifying logo
new text end.

(b) An exclusive liquor store that has an on-sale, or combination on-sale and off-sale
license may sell food for on-premise consumption when authorized by the municipality
issuing the license.

(c) An exclusive liquor store may offer live or recorded entertainment.

new text begin EFFECTIVE DATE. new text end

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

Sec. 8. new text beginWHITE BEAR TOWNSHIP; AUTHORITY TO ISSUE LICENSES.
new text end

new text begin Notwithstanding any law or ordinance to the contrary, White Bear Township may
issue on-sale and off-sale liquor licenses for establishments within its jurisdiction.
Only establishments eligible for a license under authority granted to Ramsey County
by Minnesota Statutes, chapter 340A, may be issued a license under this section. All
provisions of Minnesota Statutes, chapter 340A, not inconsistent with this section, shall
apply to the licenses authorized under this section.
new 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. 9. new text beginRACEWAY PARK; ON-SALE LICENSE.
new text end

new text begin Notwithstanding Minnesota Statutes, section 340A.404, subdivision 1, or any other
law to the contrary, the city of Shakopee may issue an on-sale intoxicating liquor license
to Raceway Park in addition to the number authorized by law. The license may authorize
sales both to persons attending any and all events, and sales in a restaurant, bar, or banquet
facility, at Raceway Park. The license authorizes sales on all days of the week. All
provisions of Minnesota Statutes, chapter 340A, not inconsistent with this section, apply
to the license 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 area as described in the approved license application.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective upon approval by the Shakopee City
Council and compliance with Minnesota Statutes, section 645.021.
new text end

Sec. 10. new text beginCHANGE IN STATUS; GRANDFATHER PROVISION.
new text end

new text begin Notwithstanding Minnesota Statutes, section 340A.413, subdivision 5, the city of
Rochester may issue a minimum of 26 off-sale liquor licenses.
new 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. 11. new text beginEFFECTIVE DATE.
new text end

new text begin Laws 2011, chapter 16, is effective April 20, 2011.
new text end

Sec. 12. new text beginBASEBALL.
new text end

new text begin The house of representatives and senate committees responsible for alcohol
regulation shall consider and examine issues surrounding the provision of alcohol to
amateur, town league, semiprofessional, and other forms of community baseball.
new text end