HF 2805

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to liquor; providing minimum mandatory civil 
  1.3             penalties for sale of alcoholic beverages to persons 
  1.4             under 21 years of age; providing for regular 
  1.5             compliance checks of and training for licensees; 
  1.6             regulating home delivery of alcoholic beverages; 
  1.7             providing for a minimum fine for purchase of alcoholic 
  1.8             beverages by a person under 21 years of age; allowing 
  1.9             political subdivisions to ban 50 milliliter bottles; 
  1.10            amending Minnesota Statutes 1996, sections 340A.415; 
  1.11            340A.503, by adding a subdivision; 340A.511; and 
  1.12            340A.703; proposing coding for new law in Minnesota 
  1.13            Statutes, chapter 340A. 
  1.14  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.15     Section 1.  Minnesota Statutes 1996, section 340A.415, is 
  1.16  amended to read: 
  1.17     340A.415 [LICENSE REVOCATION OR SUSPENSION; CIVIL PENALTY.] 
  1.18     Subdivision 1.  [GENERALLY.] On a finding that the license 
  1.19  or permit holder has (1) sold alcoholic beverages to another 
  1.20  retail licensee for the purpose of resale, (2) purchased 
  1.21  alcoholic beverages from another retail licensee for the purpose 
  1.22  of resale, (3) conducted or permitted the conduct of gambling on 
  1.23  the licensed premises in violation of the law, (4) failed to 
  1.24  remove or dispose of alcoholic beverages when ordered by the 
  1.25  commissioner to do so under section 340A.508, subdivision 3, or 
  1.26  (5) failed to comply with an applicable statute, rule, or 
  1.27  ordinance relating to alcoholic beverages, the commissioner or 
  1.28  the authority issuing a retail license or permit under this 
  1.29  chapter may revoke the license or permit, suspend the license or 
  2.1   permit for up to 60 days, impose a civil penalty of up to $2,000 
  2.2   for each violation, or impose any combination of these 
  2.3   sanctions.  No suspension or revocation takes effect until the 
  2.4   license or permit holder has been given an opportunity for a 
  2.5   hearing under sections 14.57 to 14.69 of the administrative 
  2.6   procedure act.  This section does not require a political 
  2.7   subdivision to conduct the hearing before an employee of the 
  2.8   office of administrative hearings.  Imposition of a penalty or 
  2.9   suspension by either the issuing authority or the commissioner 
  2.10  does not preclude imposition of an additional penalty or 
  2.11  suspension by the other so long as the total penalty or 
  2.12  suspension does not exceed the stated maximum.  
  2.13     Subd. 2.  [MANDATORY PENALTIES; SALE TO PERSONS UNDER 
  2.14  21.] (a) A licensee that violates section 340A.503 shall be 
  2.15  charged a civil penalty of at least $250.  A civil penalty of at 
  2.16  least $500 must be imposed for a second violation at the same 
  2.17  location within 24 months after the initial violation.  For a 
  2.18  third violation at the same location within 24 months after the 
  2.19  initial violation, a civil penalty of at least $500 must be 
  2.20  imposed, and the licensee's authority to sell alcoholic 
  2.21  beverages at that location must be suspended for not less than 
  2.22  three days.  No suspension or penalty may take effect until the 
  2.23  licensee has been given an opportunity for a hearing as provided 
  2.24  in subdivision 1. 
  2.25     (b) An individual who sells alcoholic beverages to a person 
  2.26  under the age of 21 years must be charged a civil penalty of at 
  2.27  least $50.  No penalty may be imposed until the individual has 
  2.28  been given an opportunity for a hearing as provided in 
  2.29  subdivision 1. 
  2.30     Sec. 2.  Minnesota Statutes 1996, section 340A.503, is 
  2.31  amended by adding a subdivision to read: 
  2.32     Subd. 7.  [COMPLIANCE CHECKS.] (a) The licensing authority 
  2.33  shall conduct unannounced compliance checks at least twice 
  2.34  within each two-calendar-year period at each location where 
  2.35  alcoholic beverages are sold to test compliance with this 
  2.36  section.  In addition, a compliance check must be conducted 
  3.1   within six months of a violation of this section at a location.  
  3.2   Compliance checks must involve persons at least 17, but under 
  3.3   the age of 21, who attempt to purchase alcoholic beverages under 
  3.4   the direct supervision of a law enforcement officer or an 
  3.5   employee of the licensing authority. 
  3.6      (b) The licensing authority shall conduct at least one 
  3.7   unannounced compliance check within a two-calendar-year period 
  3.8   with respect to the home delivery provisions of section 
  3.9   340A.513, for each licensee who makes home delivery of alcoholic 
  3.10  beverages. 
  3.11     Sec. 3.  Minnesota Statutes 1996, section 340A.511, is 
  3.12  amended to read: 
  3.13     340A.511 [CERTAIN BOTTLE SIZES MAY BE SOLD.] 
  3.14     Subdivision 1.  [50 MILLILITER BOTTLES.] Except as provided 
  3.15  in subdivision 2, an off-sale retailer of intoxicating liquor 
  3.16  may sell distilled spirits in bottles of 50 milliliters. 
  3.17     Subd. 2.  [LOCAL CONTROL.] A political subdivision of the 
  3.18  state may by ordinance ban the sale of 50 milliliter bottles 
  3.19  within its jurisdiction. 
  3.20     Sec. 4.  [340A.513] [HOME DELIVERY.] 
  3.21     Subdivision 1.  [RESTRICTIONS.] Licensed or authorized 
  3.22  off-sale retail liquor dealers and no other class of dealers may 
  3.23  make deliveries of intoxicating liquor from their stores to the 
  3.24  residence of a purchaser, provided however, that such delivery 
  3.25  shall be made only to a person 21 or more years of age who 
  3.26  tenders appropriate proof of age at time of delivery; and 
  3.27  provided further, that such dealer must maintain a copy of the 
  3.28  purchaser's current driver's license or Minnesota identification 
  3.29  card on file. 
  3.30     Subd. 2.  [DELIVERY TICKETS REQUIRED.] The person in charge 
  3.31  of a vehicle delivering intoxicating liquor to purchasers must 
  3.32  carry an invoice or delivery slip stating the date and names and 
  3.33  addresses of the seller and purchaser, itemizing the number, 
  3.34  size, and brands of intoxicating liquor to be delivered.  Upon 
  3.35  delivery, the invoice shall be signed by the purchaser and by 
  3.36  the deliverer, and the signed copy preserved on the dealer's 
  4.1   premises for a period of at least one year. 
  4.2      Subd. 3.  [DEALER MAY REFUSE TO DELIVER.] A retail dealer, 
  4.3   or employee or agent of the dealer, may refuse to sell or 
  4.4   deliver intoxicating liquor to any person whom they have reason 
  4.5   to believe is ineligible to buy such liquor as provided in this 
  4.6   chapter, or whom they have reason to believe intends to deliver 
  4.7   the intoxicating liquor to ineligible consumers. 
  4.8      Subd. 4.  [FORBIDDEN DELIVERIES.] A retail dealer may not 
  4.9   deliver or permit the delivery of intoxicating liquor during the 
  4.10  hours when off-sale of liquor is prohibited by law. 
  4.11     Subd. 5.  [OPEN STOCK DELIVERIES PROHIBITED.] Only 
  4.12  alcoholic beverages ordered and packed at the store for delivery 
  4.13  may be carried in a delivery vehicle. 
  4.14     Sec. 5.  Minnesota Statutes 1996, section 340A.703, is 
  4.15  amended to read: 
  4.16     340A.703 [MISDEMEANORS.] 
  4.17     Where no other penalty is specified a violation of any 
  4.18  provision of this chapter is a misdemeanor.  A minimum fine of 
  4.19  $100 must be assessed against a person under the age of 21 years 
  4.20  who violates the provisions of section 340A.503. 
  4.21     Sec. 6.  [EFFECTIVE DATE.] 
  4.22     Sections 1, 3, and 5 are effective the day following final 
  4.23  enactment.  Section 2 is effective January 1, 1999.