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HF 155

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to liquor; authorizing a city to issue an
off-sale license in a certain area; amending Minnesota
Statutes 2004, section 340A.412, subdivision 4.


Section 1.

Minnesota Statutes 2004, 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 or at any place in a city of
the first class within one-half mile of the fairgrounds, except
as otherwise provided by charter;

(4) on the campus of the College of Agriculture of the
University of Minnesota or at any place in a city of the first
class within one-half mile of the campus, provided that a city
may issue one on-sale wine license new text beginand one off-sale intoxicating
liquor license
new text endin this area that is not included in the area
described in clause (3), except as provided by charter;

(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) at any place on the east side of the Mississippi River
within one-tenth of a mile of the main building of the
University of Minnesota unless (i) the licensed establishment is
on property owned or operated by a nonprofit corporation
organized prior to January 1, 1940, for and by former students
of the University of Minnesota, or (ii) the licensed premises is
Northrop Auditorium;

(8) 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

(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; and

(v) this restriction does not apply to the area surrounding
the premises leased by Metropolitan State University at 730
Hennepin Avenue South in Minneapolis; and

(9) 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