HF 1727

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

A bill for an act
relating to alcoholic beverages; authorizing off-sale
wine licenses for supermarkets; amending Minnesota
Statutes 2004, sections 340A.101, by adding a
subdivision; 340A.408, subdivision 3; 340A.412,
subdivision 3; 340A.413, subdivision 5; 340A.503,
subdivision 4; proposing coding for new law in
Minnesota Statutes, chapter 340A.

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

Section 1.

Minnesota Statutes 2004, section 340A.101, is
amended by adding a subdivision to read:

new text begin Subd. 26a. new text end

new text begin Supermarket. new text end

new text begin "Supermarket" means a general
food store that:
new text end

new text begin (1) carries a variety of food and other grocery items in
each of the following product categories: bread and bakery;
dairy; unfrozen, fresh, and prepared meats and poultry; frozen
and refrigerated food and beverages; fresh fruits, vegetables,
and other produce; shelf-stable food and beverages, including
canned and other types of packaged products; staple foodstuffs;
cleaning products, paper goods, and other household products;
and health and beauty aids; and
new text end

new text begin (2) occupies a building space with at least 8,000 square
feet for the purposes of supermarket operation.
new text end

Sec. 2.

new text begin [340A.4051] OFF-SALE WINE LICENSES.
new text end

new text begin Subdivision 1. new text end

new text begin License. new text end

new text begin (a) A city, including a city
owning and operating a municipal liquor store under section
340A.601, shall issue an off-sale wine license to a supermarket
located within the city if the applicant supermarket meets the
qualifications in subdivisions 2 and 5 and section 340A.402. A
county or town authorized to issue an off-sale intoxicating
liquor license under section 340A.405, subdivision 2 or 3, shall
issue an off-sale wine license to a supermarket pursuant to the
same jurisdictional guidelines and requirements for the issuance
of an off-sale intoxicating liquor license as set forth in
section 340A.405, subdivisions 2, paragraphs (b) and (c), and 3,
provided that the applicant supermarket also meets the
qualifications in subdivisions 2 and 5 and section 340A.402. A
license issued under this section is not valid until approved by
the commissioner.
new text end

new text begin (b) A city, county, or town issuing a license under this
section shall renew the license if it finds that the licensee
continues to meet the qualifications set forth in this
subdivision.
new text end

new text begin (c) A supermarket applying to a city, county, or town for
an off-sale wine license under this section that is denied a
license by the city, county, or town, may reapply for an
off-sale wine license.
new text end

new text begin Subd. 2. new text end

new text begin License requirements. new text end

new text begin Before issuing an
off-sale wine license under this section, the city, county, or
town must determine that the applicant:
new text end

new text begin (1) has established and implemented an employee and
supervisor training program that includes state laws regulating
wine off-sales and responsible sales practices; and
new text end

new text begin (2) has established in writing and implemented a theft
prevention plan that addresses employee and customer theft and
provides for wine inventory security.
new text end

new text begin A licensee under this section must update the theft prevention
plan at least annually and must make the plan available for
inspection by the licensing authority during regular business
hours.
new text end

new text begin Subd. 3. new text end

new text begin Sales authorized. new text end

new text begin A license under this section
authorizes only the off-sale of wine containing not more than
15.5 percent alcohol by volume for consumption off the licensed
premises.
new text end

new text begin Subd. 4. new text end

new text begin Youth access compliance checks. new text end

new text begin A city, county,
or town that issues licenses under subdivision 1 must conduct at
least one unannounced youth access compliance check each
calendar year at each licensed supermarket. A compliance check
under this subdivision must follow the same procedures and
standards as the city, county, or town applies to youth access
compliance checks at other off-sale retail licensees.
new text end

new text begin Subd. 5. new text end

new text begin Notices required. new text end

new text begin A licensee under this section
must prominently post and maintain in a conspicuous place within
the licensed premise the following notices:
new text end

new text begin (1) "No wine sales will be made to any person under age 21."
new text end

new text begin (2) "Every customer purchasing wine will be required to
show proof of age."
new text end

new text begin The signs must be consistent with those required by section
340A.410, subdivision 4b.
new text end

new text begin Subd. 6. new text end

new text begin Employees; requirements. new text end

new text begin (a) No person may sell
wine at a supermarket licensed under this section unless the
person has completed the employee training program required
under subdivision 2 at least once within the previous 12 months.
new text end

new text begin (b) A person selling wine at a supermarket must obtain
proof of age as described in section 340A.503, subdivision 6,
before making the sale.
new text end

new text begin (c) For purposes of this subdivision and section 340A.412,
subdivision 10, "sale" or "sell" means the computer price
scanning or manual ringing up of a wine sale.
new text end

new text begin Subd. 7. new text end

new text begin Display requirements. new text end

new text begin A supermarket may only
display wine for retail sale in areas immediately adjacent to
food and other grocery items in building space occupied for the
purposes of supermarket operation.
new text end

Sec. 3.

Minnesota Statutes 2004, section 340A.408,
subdivision 3, is amended to read:

Subd. 3.

Intoxicating liquor; off-sale.

(a) new text begin Except as
provided in paragraph (c), new text end the annual license fee for an
off-sale intoxicating liquor license issued by a city, when
combined with any occupation tax imposed by the city, may not
exceed the following limits:

(1) $1,000 for cities of the first class;

(2) $200 for cities over 10,000 other than cities of the
first class;

(3) $150 for cities of between 5,000 and 10,000 population;
and

(4) $100 for cities with less than 5,000 population.

(b) The annual license fee for an off-sale intoxicating
liquor license issued by a county or town shall not exceed $500.

new text begin (c) The annual license fee for an off-sale wine license
issued under section 340A.4051 is the fee set by the issuing
city, county, or town. The fee may not exceed the amount
reasonably necessary to recover the issuing city's, county's, or
town's costs of issuing and inspecting and other directly
related costs of enforcement, including youth access compliance
checks.
new text end

Sec. 4.

Minnesota Statutes 2004, section 340A.412,
subdivision 3, is amended to read:

Subd. 3.

Limitations on issuance of licenses to one
person or place.

(a) A municipality may not issue more than one
off-sale intoxicating liquor license to any one person or for
any one place.

(b) A municipality may not allow the same business name to
be used by more than one of its off-sale intoxicating liquor
licensees.

(c) For purposes of this subdivision, "person" means:

(1) a holder of an off-sale intoxicating liquor license;

(2) an officer, director, agent, or employee of a holder of
an off-sale intoxicating liquor license; or

(3) an affiliate of a holder of an off-sale intoxicating
liquor license, regardless of whether the affiliation is
corporate or by management, direction, or control.

new text begin (d) This subdivision does not apply to off-sale wine
licenses issued under section 340A.4051.
new text end

Sec. 5.

Minnesota Statutes 2004, section 340A.413,
subdivision 5, is amended to read:

Subd. 5.

Off-sale licenses.

No off-sale intoxicating
liquor license may be issued in any city, new text begin other than an off-sale
wine license under section 340A.4051, new text end except as provided in this
section, in excess of the following limits:

(1) in cities of the first class, not more than one
off-sale license for each 5,000 population; and

(2) in all other cities the limit shall be determined by
the governing body of the city.

Sec. 6.

Minnesota Statutes 2004, section 340A.503,
subdivision 4, is amended to read:

Subd. 4.

Entering licensed premises.

(a) It is unlawful
for a person under the age of 21 years to enter an establishment
licensed for the sale of alcoholic beverages or any municipal
liquor store for the purpose of purchasing or having served or
delivered any alcoholic beverage.

(b) Notwithstanding section 340A.509, no ordinance enacted
by a statutory or home rule charter city may prohibit a person
18, 19, or 20 years old from entering an establishment licensed
under this chapter to:

(1) perform work for the establishment, including the
serving of alcoholic beverages, unless otherwise prohibited by
section 340A.412, subdivision 10;

(2) consume meals; and

(3) attend social functions that are held in a portion of
the establishment where liquor is not sold.

new text begin (c) Notwithstanding section 340A.509, no ordinance enacted
by a city, county, or town may prohibit a person under the age
of 21 years from entering a supermarket licensed under section
340A.4051.
new text end