Engrossments
Introduction		Posted on 04/07/2015

ARTICLE 1

PERSONS UNDER 19

Section 1.

Minnesota Statutes 2014, section 340A.503, is amended to read:

340A.503 PERSONS UNDER deleted text begin 21deleted text end new text begin 19new text end ; ILLEGAL ACTS.

Subdivision 1.

Consumption.

(a) It is unlawful for any:

(1) retail intoxicating liquor or 3.2 percent malt liquor licensee, municipal liquor
store, or bottle club permit holder under section 340A.414, to permit any person under the
age of deleted text begin 21deleted text end new text begin 19new text end years to drink alcoholic beverages on the licensed premises or within the
municipal liquor store; or

(2) person under the age of deleted text begin 21deleted text end new text begin 19new text end years to consume any alcoholic beverages. If
proven by a preponderance of the evidence, it is an affirmative defense to a violation of
this clause that the defendant consumed the alcoholic beverage in the household of the
defendant's parent or guardian and with the consent of the parent or guardian.

(b) An offense under paragraph (a), clause (2), may be prosecuted either in the
jurisdiction where consumption occurs or the jurisdiction where evidence of consumption
is observed.

(c) As used in this subdivision, "consume" includes the ingestion of an alcoholic
beverage and the physical condition of having ingested an alcoholic beverage.

Subd. 2.

Purchasing.

It is unlawful for any person:

(1) to sell, barter, furnish, or give alcoholic beverages to a person under deleted text begin 21deleted text end new text begin 19new text end
years of age;

(2) under the age of deleted text begin 21deleted text end new text begin 19new text end years to purchase or attempt to purchase any alcoholic
beverage unless under the supervision of a responsible person over the age of deleted text begin 21deleted text end new text begin 19new text end for
training, education, or research purposes. Prior notification of the licensing authority
is required unless the supervised alcohol purchase attempt is for professional research
conducted by postsecondary educational institutions or state, county, or local health
departments; or

(3) to induce a person under the age of deleted text begin 21deleted text end new text begin 19new text end years to purchase or procure any
alcoholic beverage, or to lend or knowingly permit the use of the person's driver's license,
permit, Minnesota identification card, or other form of identification by a person under the
age of deleted text begin 21deleted text end new text begin 19new text end years for the purpose of purchasing or attempting to purchase an alcoholic
beverage.

If proven by a preponderance of the evidence, it shall be an affirmative defense to a
violation of clause (1) that the defendant is the parent or guardian of the person under deleted text begin 21deleted text end new text begin
19new text end years of age and that the defendant gave or furnished the alcoholic beverage to that
person solely for consumption in the defendant's household.

Subd. 3.

Possession.

It is unlawful for a person under the age of deleted text begin 21deleted text end new text begin 19new text end years
to possess any alcoholic beverage with the intent to consume it at a place other than
the household of the person's parent or guardian. Possession at a place other than the
household of the parent or guardian creates a rebuttable presumption of intent to consume
it at a place other than the household of the parent or guardian. This presumption may be
rebutted by a preponderance of the evidence.

Subd. 4.

Entering licensed premises.

(a) It is unlawful for a person under the age
of deleted text begin 21deleted text end new text begin 19new text end 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 18deleted text begin , 19, or 20deleted text end 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.

Subd. 5.

Misrepresentation of age.

It is unlawful for a person under the age of deleted text begin 21deleted text end new text begin
19new text end years to claim to be deleted text begin 21deleted text end new text begin 19new text end years old or older for the purpose of purchasing alcoholic
beverages.

Subd. 5a.

Attainment of age.

With respect to purchasing, possessing, consuming,
selling, furnishing, and serving alcoholic beverages, a person is not deleted text begin 21deleted text end new text begin 19new text end years of age
until 8:00 a.m. on the day of that person's deleted text begin 21stdeleted text end new text begin 19thnew text end birthday.

Subd. 6.

Proof of age; defense; seizure of false identification.

(a) Proof of age
for purchasing or consuming alcoholic beverages may be established only by one of
the following:

(1) a valid driver's license or identification card issued by Minnesota, another state, or
a province of Canada, and including the photograph and date of birth of the licensed person;

(2) a valid military identification card issued by the United States Department of
Defense;

(3) a valid passport issued by the United States; or

(4) in the case of a foreign national, by a valid passport.

(b) In a prosecution under subdivision 2, clause (1), it is a defense for the defendant
to prove by a preponderance of the evidence that the defendant reasonably and in good
faith relied upon representations of proof of age authorized in paragraph (a) in selling,
bartering, furnishing, or giving the alcoholic beverage.

(c) A licensed retailer or municipal liquor store may seize a form of identification
listed under paragraph (a) if the retailer or municipal liquor store has reasonable grounds
to believe that the form of identification has been altered or falsified or is being used to
violate any law. A retailer or municipal liquor store that seizes a form of identification as
authorized under this paragraph must deliver it to a law enforcement agency, within 24
hours of seizing it.

Subd. 8.

Prosecution; immunity.

(a) A person is not subject to prosecution under
subdivision 1, paragraph (a), clause (2), or subdivision 3, if the person contacts a 911
operator to report that the person or another person is in need of medical assistance for an
immediate health or safety concern, provided that the person who initiates contact is the
first person to make such a report, provides a name and contact information, remains on
the scene until assistance arrives, and cooperates with the authorities at the scene.

(b) The person who receives medical assistance shall also be immune from
prosecution under paragraph (a).

(c) Paragraph (a) also applies to one or two persons acting in concert with the person
initiating contact provided that all the requirements of paragraph (a) are met.

ARTICLE 2

CONFORMING AMENDMENTS

Section 1.

Minnesota Statutes 2014, section 340A.301, subdivision 2, is amended to
read:

Subd. 2.

Persons eligible.

(a) Licenses under this section may be issued only to
a person who:

(1) is of good moral character and repute;

(2) is deleted text begin 21deleted text end new text begin 19new text end years of age or older;

(3) has not had a license issued under this chapter revoked within five years of the
date of license application, or to any person who at the time of the violation owns any
interest, whether as a holder of more than five percent of the capital stock of a corporation
licensee, as a partner or otherwise, in the premises or in the business conducted thereon,
or to a corporation, partnership, association, enterprise, business, or firm in which any
such person is in any manner interested; and

(4) has not been convicted within five years of the date of license application of a
felony, or of a willful violation of a federal or state law, or local ordinance governing
the manufacture, sale, distribution, or possession for sale or distribution of alcoholic
beverages. The Alcohol and Gambling Enforcement Division may require that fingerprints
be taken and may forward the fingerprints to the Federal Bureau of Investigation for
purposes of a criminal history check.

(b) In order to determine if an individual has a felony or willful violation of federal
or state law governing the manufacture, sale, distribution, or possession for sale or
distribution of an alcoholic beverage, the applicant for a license to manufacture or sell
at wholesale must provide the commissioner with their signed, written informed consent
to conduct a background check. The commissioner may query the Minnesota criminal
history repository for records on the applicant. If the commissioner conducts a national
criminal history record check, the commissioner must obtain fingerprints from the
applicant and forward them and the required fee to the superintendent of the Bureau
of Criminal Apprehension. The superintendent may exchange the fingerprints with the
Federal Bureau of Investigation for purposes of obtaining the applicant's national criminal
history record information. The superintendent shall return the results of the national
criminal history records check to the commissioner for the purpose of determining if the
applicant is qualified to receive a license.

Sec. 2.

Minnesota Statutes 2014, section 340A.34, is amended to read:

340A.34 WINEMAKING ON PREMISES STORE.

A commercial establishment in which individuals make wine on the premises for
personal and family use only and not for resale, using ingredients or materials or both
supplied by the establishment, is not required to be licensed under this chapter if the
establishment is operated in accordance with Code of Federal Regulations, title 27, section
24.75. No person under the age of deleted text begin 21deleted text end new text begin 19new text end years may participate in the making of wine in
such an establishment. Alcoholic beverages may not be sold or otherwise provided to
customers of an establishment described in this section unless the establishment holds the
appropriate license for such sale or provision.

Sec. 3.

Minnesota Statutes 2014, section 340A.402, subdivision 1, is amended to read:

Subdivision 1.

Disqualifiers.

No retail license may be issued to:

(1) a person under deleted text begin 21deleted text end new text begin 19new text end years of age;

(2) a person who has had an intoxicating liquor or 3.2 percent malt liquor license
revoked within five years of the license application, or to any person who at the time of
the violation owns any interest, whether as a holder of more than five percent of the capital
stock of a corporation licensee, as a partner or otherwise, in the premises or in the business
conducted thereon, or to a corporation, partnership, association, enterprise, business, or
firm in which any such person is in any manner interested;

(3) a person not of good moral character and repute; or

(4) a person who has a direct or indirect interest in a manufacturer, brewer, or
wholesaler.

In addition, no new retail license may be issued to, and the governing body of a
municipality may refuse to renew the license of, a person who, within five years of the
license application, has been convicted of a felony or a willful violation of a federal or
state law or local ordinance governing the manufacture, sale, distribution, or possession
for sale or distribution of an alcoholic beverage. The Alcohol and Gambling Enforcement
Division or licensing authority may require that fingerprints be taken and forwarded to the
Federal Bureau of Investigation for purposes of a criminal history check.

Sec. 4.

Minnesota Statutes 2014, section 340A.410, subdivision 4b, is amended to read:

Subd. 4b.

Notice posting.

(a) A premises licensed for the retail sale of alcoholic
beverages and a municipal liquor store must post and maintain in a conspicuous place
within the licensed premises clearly visible to consumers: one sign 14-1/2 inches wide
by 8 inches high as designed by the commissioners of health and public safety, which
incorporates the following information:

(1) the penalties of driving while under the influence of alcohol;

(2) penalties for serving alcoholic beverages to a person who is obviously intoxicated
or under deleted text begin 21deleted text end new text begin 19new text end years of age; and

(3) a warning statement regarding drinking alcohol while pregnant.

(b) The commissioners of health and public safety shall design a sign that complies
with this subdivision and shall make the sign available for reproduction. A retail licensee
or municipal liquor store may not modify the sign design but may modify the color.

Sec. 5.

Minnesota Statutes 2014, section 340A.414, subdivision 8, is amended to read:

Subd. 8.

Lockers.

A club issued a permit under this section may allow members to
bring and keep a personal supply of intoxicating liquor in lockers on the club's premises.
All bottles kept on the premises must have attached to it a label signed by the member. No
person under deleted text begin 21deleted text end new text begin 19new text end years of age may keep a supply of intoxicating liquor on club premises.

Sec. 6.

Minnesota Statutes 2014, section 340A.417, is amended to read:

340A.417 SHIPMENTS INTO MINNESOTA.

(a) Notwithstanding section 297G.07, subdivision 2, or any provision of this chapter,
a winery licensed in a state other than Minnesota, or a winery located in Minnesota, may
ship, for personal use and not for resale, not more than two cases of wine, containing a
maximum of nine liters per case, in any calendar year to any resident of Minnesota age deleted text begin 21deleted text end new text begin
19new text end or over. Delivery of a shipment under this section may not be deemed a sale in this state.

(b) The shipping container of any wine sent under this section must be clearly
marked "Alcoholic Beverages: adult signature (over deleted text begin 21deleted text end new text begin 19new text end years of age) required."

(c) It is not the intent of this section to impair the distribution of wine through
distributors or importing distributors, but only to permit shipments of wine for personal use.

(d) No criminal penalty may be imposed on a person for a violation of this section
other than a violation described in paragraph (e) or (f). Whenever it appears to the
commissioner that any person has engaged in any act or practice constituting a violation
of this section, and the violation is not within two years of any previous violation of
this section, the commissioner shall issue and cause to be served upon the person an
order requiring the person to cease and desist from violating this section. The order must
give reasonable notice of the rights of the person to request a hearing and must state the
reason for the entry of the order. Unless otherwise agreed between the parties, a hearing
shall be held not later than seven days after the request for the hearing is received by the
commissioner after which and within 20 days after the receipt of the administrative law
judge's report and subsequent exceptions and argument, the commissioner shall issue an
order vacating the cease and desist order, modifying it, or making it permanent as the facts
require. If no hearing is requested within 30 days of the service of the order, the order
becomes final and remains in effect until modified or vacated by the commissioner. All
hearings shall be conducted in accordance with the provisions of chapter 14. If the person
to whom a cease and desist order is issued fails to appear at the hearing after being duly
notified, the person shall be deemed in default, and the proceeding may be determined
against the person upon consideration of the cease and desist order, the allegations of
which may be deemed to be true.

(e) Any person who violates this section within two years of a violation for which a
cease and desist order was issued under paragraph (d), is guilty of a misdemeanor.

(f) Any person who commits a third or subsequent violation of this section within
any subsequent two-year period is guilty of a gross misdemeanor.

Sec. 7.

Minnesota Statutes 2014, section 340A.701, subdivision 1, is amended to read:

Subdivision 1.

Unlawful acts.

It is a felony:

(1) to manufacture alcoholic beverages in violation of this chapter;

(2) to transport or import alcoholic beverages into the state in violation of this
chapter for purposes of resale; or

(3) to sell or give away for beverage purposes poisonous alcohol, methyl alcohol,
denatured alcohol, denaturing material, or any other alcoholic substance capable of
causing serious physical or mental injuries to a person consuming it; or

(4) for a person other than a licensed retailer of alcoholic beverages, a bottle club
permit holder, a municipal liquor store, or an employee or agent of any of these who is
acting within the scope of employment, to violate the provisions of section 340A.503,
subdivision 2, clause (1), by selling, bartering, furnishing, or giving alcoholic beverages to
a person under deleted text begin 21deleted text end new text begin 19new text end years of age if that person becomes intoxicated and causes or suffers
death or great bodily harm as a result of the intoxication.

Sec. 8.

Minnesota Statutes 2014, section 340A.703, is amended to read:

340A.703 MISDEMEANORS.

Where no other penalty is specified a violation of any provision of this chapter is a
misdemeanor. A minimum fine of $100 must be assessed against a person under the age of
deleted text begin 21deleted text end new text begin 19new text end years who violates section 340A.503.

Sec. 9.

Minnesota Statutes 2014, section 340A.707, is amended to read:

340A.707 AUCTION OR RAFFLE FOR CHARITABLE PURPOSES.

Notwithstanding sections 340A.401, 340A.414, and 340A.505, a nonprofit
organization conducting a silent auction, raffle, or other fund-raising event may conduct
live, on premises auctions or raffles of wine, beer, or intoxicating liquors, provided that
funds from the auction or raffle are dedicated to the charitable purposes of the nonprofit
organization, such auctions or raffles are limited to not more than six occasions per year,
and the alcohol may only be auctioned or raffled to persons who demonstrate that they are
deleted text begin 21deleted text end new text begin 19new text end years of age or older and do not show signs of obvious intoxication. Nothing in this
section authorizes on-premises consumption of alcohol.

Sec. 10.

Minnesota Statutes 2014, section 340A.801, subdivision 6, is amended to read:

Subd. 6.

Common law claims.

Nothing in this chapter precludes common law tort
claims against any person deleted text begin 21deleted text end new text begin 19new text end years old or older who knowingly provides or furnishes
alcoholic beverages to a person under the age of deleted text begin 21deleted text end new text begin 19new text end years.

Sec. 11.

Minnesota Statutes 2014, section 340A.90, is amended to read:

340A.90 CIVIL ACTION; INTOXICATION OF PERSON UNDER AGE deleted text begin 21deleted text end new text begin 19new text end .

Subdivision 1.

Right of action.

(a) A spouse, child, parent, guardian, employer,
or other person injured in person, property, or means of support, or who incurs other
pecuniary loss, by an intoxicated person under deleted text begin 21deleted text end new text begin 19new text end years of age or by the intoxication of
another person under deleted text begin 21deleted text end new text begin 19new text end years of age, has for all damages sustained a right of action in
the person's own name against a person who is deleted text begin 21deleted text end new text begin 19new text end years or older who:

(1) had control over the premises and, being in a reasonable position to prevent the
consumption of alcoholic beverages by that person, knowingly or recklessly permitted that
consumption and the consumption caused the intoxication of that person; or

(2) sold, bartered, furnished or gave to, or purchased for a person under the age of deleted text begin 21deleted text end new text begin
19new text end years alcoholic beverages that caused the intoxication of that person.

This paragraph does not apply to sales licensed under this chapter.

(b) All damages recovered by a minor under this section must be paid either to the
minor or to the minor's parent, guardian, or next friend as the court directs.

(c) An intoxicated person under the age of deleted text begin 21deleted text end new text begin 19new text end years who caused the injury has no
right of action under this section.

Subd. 2.

Subrogation claims denied.

There shall be no recovery by any insurance
company for any subrogation claim pursuant to any subrogation clause of the uninsured,
underinsured, collision, or other first-party coverages of a motor vehicle insurance policy
as a result of payments made by the company to persons who have claims that arise in
whole or in part under this section.

HF 2141

Bill Text Versions

Current Version - as introduced

ARTICLE 1

PERSONS UNDER 19

Section 1.

340A.503 PERSONS UNDER deleted text begin 21deleted text end new text begin 19new text end ; ILLEGAL ACTS.

Subdivision 1.

Consumption.

Subd. 2.

Purchasing.

Subd. 3.

Possession.

Subd. 4.

Entering licensed premises.

Subd. 5.

Misrepresentation of age.

Subd. 5a.

Attainment of age.

Subd. 6.

Proof of age; defense; seizure of false identification.

Subd. 8.

Prosecution; immunity.

ARTICLE 2

CONFORMING AMENDMENTS

Section 1.

Subd. 2.

Persons eligible.

Sec. 2.

340A.34 WINEMAKING ON PREMISES STORE.

Sec. 3.

Subdivision 1.

Disqualifiers.

Sec. 4.

Subd. 4b.

Notice posting.

Sec. 5.

Subd. 8.

Lockers.

Sec. 6.

340A.417 SHIPMENTS INTO MINNESOTA.

Sec. 7.

Subdivision 1.

Unlawful acts.

Sec. 8.

340A.703 MISDEMEANORS.

Sec. 9.

340A.707 AUCTION OR RAFFLE FOR CHARITABLE PURPOSES.

Sec. 10.

Subd. 6.

Common law claims.

Sec. 11.

340A.90 CIVIL ACTION; INTOXICATION OF PERSON UNDER AGE deleted text begin 21deleted text end new text begin 19new text end .

Subdivision 1.

Right of action.

Subd. 2.

Subrogation claims denied.