HF 2482

as introduced - 89th Legislature (2015 - 2016) Posted on 03/08/2016 04:19pm

A bill for an act
relating to liquor; expanding packaging of malt liquor for off-sale by a brew
pub or small brewer; amending Minnesota Statutes 2015 Supplement, sections
340A.24, subdivision 2; 340A.28, subdivision 1; 340A.285.

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

Section 1.

Minnesota Statutes 2015 Supplement, section 340A.24, subdivision 2,
is amended to read:

Subd. 2.

Off-sale license.

Notwithstanding section 340A.405, a brew pub that
holds an on-sale license issued pursuant to this section may, with the approval of the
commissioner, be issued a license by a municipality for off-sale of malt liquor produced
and packaged on the licensed premises. Off-sale of malt liquor shall be limited to the legal
hours for off-sale at exclusive liquor stores in the jurisdiction in which the brew pub is
located, and the malt liquor sold off-sale must be removed from the premises before
the applicable off-sale closing time at exclusive liquor stores, except that malt liquor in
growlers only may be sold at off-sale on Sundays. Sunday sales must be approved by the
licensing jurisdiction and hours may be established by those jurisdictions. Packaging of
malt liquor for off-sale under this subdivision must comply with section 340A.285 new text begin or
Minnesota Rules, part 7515.1090 new text end .

Sec. 2.

Minnesota Statutes 2015 Supplement, section 340A.28, subdivision 1, is
amended to read:

Subdivision 1.

License; limitations.

A brewer licensed under section 340A.301,
subdivision 6, clause (c), (i), or (j), may be issued a license by a municipality for off-sale
of malt liquor at its licensed premises that has been produced and packaged by the brewer.
The license must be approved by the commissioner. A brewer may only have one license
under this subdivision. The amount of malt liquor sold at off-sale may not exceed 500
barrels annually. Off-sale of malt liquor shall be limited to the legal hours for off-sale at
exclusive liquor stores in the jurisdiction in which the brewer is located, and the malt
liquor sold off-sale must be removed from the premises before the applicable off-sale
closing time at exclusive liquor stores, except that malt liquor in growlers only may be sold
at off-sale on Sundays. Sunday sales must be approved by the licensing jurisdiction and
hours may be established by those jurisdictions. Packaging of malt liquor for off-sale under
this subdivision must comply with section 340A.285 new text begin or Minnesota Rules, part 7515.1090 new text end .

Sec. 3.

Minnesota Statutes 2015 Supplement, section 340A.285, is amended to read:

340A.285 GROWLERS.

(a) Malt liquor authorized for off-sale pursuant to section 340A.24 or 340A.28
deleted text begin shall deleted text end new text begin may new text end be packaged in 64-ounce containers commonly known as "growlers" or in 750
milliliter bottles. The containers or bottles shall bear a twist-type closure, cork, stopper,
or plug. At the time of sale, a paper or plastic adhesive band, strip, or sleeve shall be
applied to the container or bottle and extended over the top of the twist-type closure, cork,
stopper, or plug forming a seal that must be broken upon opening the container or bottle.
The adhesive band, strip, or sleeve shall bear the name and address of the brewer. The
containers or bottles shall be identified as malt liquor, contain the name of the malt liquor,
bear the name and address of the brew pub or brewer selling the malt liquor, and shall
be considered intoxicating liquor unless the alcoholic content is labeled as otherwise in
accordance with the provisions of Minnesota Rules, part 7515.1100.

(b) A brew pub or brewer may, but is not required to, refill any container or bottle
with malt liquor for off-sale at the request of the customer. A brew pub or brewer refilling
a container or bottle must do so at its licensed premises and the container or bottle must be
filled at the tap at the time of sale. A container or bottle refilled under this paragraph must
be sealed and labeled in the manner described in paragraph (a).