HF 1848

as introduced - 93rd Legislature (2023 - 2024) Posted on 02/16/2023 01:41pm

A bill for an act
proposing an amendment to the Minnesota Constitution by adding a section to
article XIII; authorizing food retailers to sell wine and beer; amending Minnesota
Statutes 2022, sections 340A.101, by adding a subdivision; 340A.405, subdivision
1; 340A.412, subdivision 3, by adding a subdivision; 340A.413, subdivision 5;
340A.503, subdivision 4.

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

ARTICLE 1

CONSTITUTIONAL AMENDMENT

Section 1. new text begin CONSTITUTIONAL AMENDMENT PROPOSED.
new text end

new text begin An amendment to the Minnesota Constitution is proposed to the people. If the amendment
is adopted, a section shall be added to article XIII, to read:
new text end

new text begin Sec. 13. new text end

new text begin The legislature may authorize grocery stores, convenience stores, and other
food retailers to sell wine and beer in a manner prescribed by law.
new text end

Sec. 2. new text begin SUBMISSION TO VOTERS.
new text end

new text begin The proposed amendment must be submitted to the people at the 2024 general election.
The question submitted must be:
new text end

new text begin "Shall the Minnesota Constitution be amended to permit the sale of wine and beer in
grocery stores, convenience stores, and other food retailers, in a manner prescribed by law?
new text end

	new text begin Yes . new text end
	new text begin No . new text end	new text begin " new text end

ARTICLE 2

FOOD RETAILER LICENSES

Section 1.

Minnesota Statutes 2022, section 340A.101, is amended by adding a subdivision
to read:

new text begin Subd. 10b. new text end

new text begin Food retailer. new text end

new text begin "Food retailer" is a for-profit, not-for-profit, or cooperative
self-service retail establishment that sells, directly to consumers: bread and bakery items;
meats, seafood, and poultry; fruits, vegetables, and other produce; dairy products; and dried,
canned, and other packaged groceries and shelf-stable food products; and may also sell
cleaning products, paper goods, and other household products and sundries. A food retailer
includes large and midscale establishments such as supermarkets and grocery stores, but
may also include small-scale establishments such as corner stores or convenience stores.
new text end

Sec. 2.

Minnesota Statutes 2022, section 340A.405, subdivision 1, is amended to read:

Subdivision 1.

Cities.

(a) A city other than a city of the first class may issue with the
approval of the commissioner, an off-sale intoxicating liquor license to an exclusive liquor
store, new text begin a food retailer, new text end or deleted text begin to deleted text end a drugstore to which an off-sale license had been issued on or
prior to May 1, 1994.

(b) A city of the first class may issue an off-sale license to an exclusive liquor store, new text begin a
food retailer, new text end a general food store to which an off-sale license had been issued on August
1, 1989, or a drugstore to which an off-sale license had been issued on or prior to May 1,
1994.

new text begin (c) With the approval of the commissioner, a city owning and operating a municipal
liquor store under section 340A.601 may issue an off-sale intoxicating liquor license to a
food retailer.
new text end

Sec. 3.

Minnesota Statutes 2022, 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 an off-sale license issued to a food retailer under
section 340A.405.
new text end

Sec. 4.

Minnesota Statutes 2022, section 340A.412, is amended by adding a subdivision
to read:

new text begin Subd. 15. new text end

new text begin Food retailers. new text end

new text begin An off-sale intoxicating liquor license issued to a food retailer
under section 340A.405 authorizes the food retailer to sell malt liquor and wine.
new text end

Sec. 5.

Minnesota Statutes 2022, section 340A.413, subdivision 5, is amended to read:

Subd. 5.

Off-sale licenses.

new text begin (a) new text end No off-sale intoxicating liquor license may be issued in
any city, 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.

new text begin (b) This subdivision does not apply to an off-sale license issued to a food retailer under
section 340A.405.
new text end

Sec. 6.

Minnesota Statutes 2022, 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, a local authority may not enact an ordinance that
prohibits a person under the age of 21 years from entering a food retailer licensed for off-sale
under section 340A.405.
new text end

Sec. 7. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 to 6 are effective upon adoption by the people of the amendment in article 1.
new text end