HF 2619

as introduced - 92nd Legislature (2021 - 2022) Posted on 05/12/2021 04:46pm

A bill for an act
relating to commerce; modifying regulatory requirements for certain licensees;
amending Minnesota Statutes 2020, sections 157.20, subdivision 5; 340A.404,
subdivision 5.

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

Section 1.

Minnesota Statutes 2020, section 157.20, subdivision 5, is amended to read:

Subd. 5.

Variance requests.

(a) A person may request a variance from all parts of
Minnesota Rules, chapter 4626, except as provided in paragraph (b) or Minnesota Rules,
chapter 4626. At the time of application for plan review, the person, operator, or submitter
must be notified of the right to request variances.

(b) No variance may be requested or approved for the following parts of Minnesota
Rules, chapter 4626:

(1) Minnesota Rules, part 4626.0020, subpart 35;

(2) Minnesota Rules, parts 4626.0040 to deleted text begin 4626.0060 deleted text end new text begin 4626.0050 new text end ;

(3) Minnesota Rules, parts 4626.0065 to 4626.0100;

(4) Minnesota Rules, parts 4626.0105 to 4626.0120;

(5) Minnesota Rules, part 4626.1565;

(6) Minnesota Rules, parts 4626.1590 and 4626.1595; and

(7) Minnesota Rules, parts 4626.1600 to 4626.1675.

new text begin (c) The provisions of this section and Minnesota Rules, chapter 4626, do not apply to a
licensee under section 340A.403, with sales of less than $50,000 for the preceding year.
new text end

Sec. 2.

Minnesota Statutes 2020, section 340A.404, subdivision 5, is amended to read:

Subd. 5.

Wine licenses.

(a) A municipality may issue an on-sale wine license with the
approval of the commissioner to a restaurant having facilities for seating at least 25 guests
at one time. A wine license permits the sale of wine of up to 24 percent alcohol by volume
for consumption. A wine license authorizes the sale of wine on all days of the week unless
the issuing authority restricts the license's authorization to the sale of wine on all days except
Sundays.

(b) The governing body of a municipality may by ordinance authorize a holder of an
on-sale wine license issued pursuant to paragraph (a) who is also licensed to sell 3.2 percent
malt liquors at on-sale pursuant to section 340A.411, to sell intoxicating malt liquors at
on-sale without an additional license.

(c) A municipality may issue an on-sale wine license with the approval of the
commissioner to a licensed bed and breakfast facility. A license under this paragraph
authorizes a bed and breakfast facility to furnish wine only to registered guests of the facility
and, if the facility contains a licensed commercial kitchen, also to guests attending private
events at the facility.

(d) The State Agricultural Society may issue an on-sale wine license to the holder of a
state fair concession contract pursuant to section 37.21, subdivision 2.

new text begin (e) The requirements of paragraph (a) do not apply to licensees under section 340A.403
with sales of less than $50,000 for the preceding year.
new text end