HF 2132

as introduced - 92nd Legislature (2021 - 2022) Posted on 03/11/2021 02:44pm

A bill for an act
relating to liquor; authorizing outdoor consumption for certain on-sale license
holders; amending Minnesota Statutes 2020, section 340A.404, subdivision 4.

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

Section 1.

Minnesota Statutes 2020, section 340A.404, subdivision 4, is amended to read:

Subd. 4.

Special provisions; sports, conventions, or cultural facilities; community
festivals.

(a) The governing body of a municipality may authorize a holder of a retail on-sale
intoxicating liquor license issued by the municipality or by an adjacent municipality to
dispense intoxicating liquor at any convention, banquet, conference, meeting, or social affair
conducted on the premises of a sports, convention, or cultural facility owned by the
municipality or instrumentality thereof having independent policy-making and appropriating
authority and located within the municipality. The licensee must be engaged to dispense
intoxicating liquor at an event held by a person or organization permitted to use the premises,
and may dispense intoxicating liquor only to persons attending the event. The licensee may
not dispense intoxicating liquor to any person attending or participating in a youth amateur
athletic event, for persons 18 years of age or younger, held on the premises.

(b) The governing body of a municipality may authorize a holder of a retail on-sale
intoxicating liquor license issued by the municipality to dispense intoxicating liquor off
premises at a community festival held within the municipality. The authorization shall
specify the area in which the intoxicating liquor must be dispensed and consumed, and shall
not be issued unless the licensee demonstrates that it has liability insurance as prescribed
by section 340A.409 to cover the event.

new text begin (c) Notwithstanding section 340A.410, subdivision 7, the governing body of a
municipality may authorize a holder of a retail on-sale intoxicating liquor license issued by
the municipality to dispense and allow consumption of intoxicating liquor at outdoor areas
not contiguous to the location specified in the approved license application, which will be
regarded as included in the licensed premises. The authorization must (1) specify the
additional areas in which the intoxicating liquor must be dispensed and consumed, (2)
require conspicuous demarcation and signage to prevent off-premises consumption, and (3)
specify duration of the authorization if temporary. The authorization will not be issued
unless the licensee demonstrates direct control and proof of liability insurance for the
premises as prescribed by section 340A.409. Direct control may be demonstrated by deed,
lease, contract, or permission of the governing body giving the licensee the right to use the
property.
new text end