HF 2926

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; authorizing issuance of temporary 
  1.3             on-sale intoxicating liquor licenses to state 
  1.4             universities; allowing temporary licenses to be issued 
  1.5             for locations on the grounds of a state university for 
  1.6             events sponsored or approved by the state university; 
  1.7             amending Minnesota Statutes 1996, sections 340A.404, 
  1.8             subdivision 10; and 340A.412, subdivision 4. 
  1.9   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.10     Section 1.  Minnesota Statutes 1996, section 340A.404, 
  1.11  subdivision 10, is amended to read: 
  1.12     Subd. 10.  [TEMPORARY ON-SALE LICENSES.] The governing body 
  1.13  of a municipality may issue to (1) a club or charitable, 
  1.14  religious, or other nonprofit organization in existence for at 
  1.15  least three years, or to (2) a political committee registered 
  1.16  under section 10A.14, or (3) a state university, a temporary 
  1.17  license for the on-sale of intoxicating liquor in connection 
  1.18  with a social event within the municipality sponsored by the 
  1.19  licensee.  The license may authorize the on-sale of intoxicating 
  1.20  liquor for not more than four consecutive days, and may 
  1.21  authorize on-sales on premises other than premises the licensee 
  1.22  owns or permanently occupies.  The license may provide that the 
  1.23  licensee may contract for intoxicating liquor catering services 
  1.24  with the holder of a full-year on-sale intoxicating liquor 
  1.25  license issued by any municipality.  The licenses are subject to 
  1.26  the terms, including a license fee, imposed by the issuing 
  1.27  municipality.  Licenses issued under this subdivision are 
  2.1   subject to all laws and ordinances governing the sale of 
  2.2   intoxicating liquor except sections 340A.409 and 340A.504, 
  2.3   subdivision 3, paragraph (d), and those laws and ordinances 
  2.4   which by their nature are not applicable.  Licenses under this 
  2.5   subdivision are not valid unless first approved by the 
  2.6   commissioner of public safety. 
  2.7      A county under this section may issue a temporary license 
  2.8   only to a premises located in the unincorporated or unorganized 
  2.9   territory of the county. 
  2.10     Sec. 2.  Minnesota Statutes 1996, section 340A.412, 
  2.11  subdivision 4, is amended to read: 
  2.12     Subd. 4.  [LICENSES PROHIBITED IN CERTAIN AREAS.] (a) No 
  2.13  license to sell intoxicating liquor may be issued within the 
  2.14  following areas: 
  2.15     (1) where restricted against commercial use through zoning 
  2.16  ordinances and other proceedings or legal processes regularly 
  2.17  had for that purpose, except licenses may be issued to 
  2.18  restaurants in areas which were restricted against commercial 
  2.19  uses after the establishment of the restaurant; 
  2.20     (2) within the capitol or on the capitol grounds, except as 
  2.21  provided under Laws 1983, chapter 259, section 9; 
  2.22     (3) on the state fairgrounds or at any place in a city of 
  2.23  the first class within one-half mile of the fairgrounds, except 
  2.24  as otherwise provided by charter; 
  2.25     (4) on the campus of the college of agriculture of the 
  2.26  University of Minnesota or at any place in a city of the first 
  2.27  class within one-half mile of the campus, provided that a city 
  2.28  may issue one on-sale wine license in this area that is not 
  2.29  included in the area described in clause (3), except as provided 
  2.30  by charter; 
  2.31     (5) within 1,000 feet of a state hospital, training school, 
  2.32  reformatory, prison, or other institution under the supervision 
  2.33  or control, in whole or in part, of the commissioner of human 
  2.34  services or the commissioner of corrections; 
  2.35     (6) in a town or municipality in which a majority of votes 
  2.36  at the last election at which the question of license was voted 
  3.1   upon were not in favor of license under section 340A.416, or 
  3.2   within one-half mile of any such town or municipality, except 
  3.3   that intoxicating liquor manufactured within this radius may be 
  3.4   sold to be consumed outside it; 
  3.5      (7) at any place on the east side of the Mississippi River 
  3.6   within one-tenth of a mile of the main building of the 
  3.7   University of Minnesota unless the licensed establishment is on 
  3.8   property owned or operated by a nonprofit corporation organized 
  3.9   prior to January 1, 1940, for and by former students of the 
  3.10  University of Minnesota; 
  3.11     (8) within 1,500 feet of a state university, except only 
  3.12  1,200 feet from that: 
  3.13     (i) the minimum distance in the case of Winona and 
  3.14  Southwest State University provided that is 1,200 feet; 
  3.15     (ii) within 1,500 feet of St. Cloud State University one 
  3.16  on-sale wine and two off-sale intoxicating liquor licenses may 
  3.17  be issued, measured by a direct line from the nearest corner of 
  3.18  the administration building to the main entrance of the licensed 
  3.19  establishment except; 
  3.20     (iii) at Mankato State University the distance is measured 
  3.21  from the front door of the student union of the Highland campus; 
  3.22  and 
  3.23     (iv) a temporary license under section 340.404, subdivision 
  3.24  10, may be issued to a location on the grounds of a state 
  3.25  university for an event sponsored or approved by the state 
  3.26  university; and 
  3.27     (9) within 1,500 feet of any public school that is not 
  3.28  within a city. 
  3.29     (b) The restrictions of this subdivision do not apply to a 
  3.30  manufacturer or wholesaler of intoxicating liquor or to a 
  3.31  drugstore or to a person who had a license originally issued 
  3.32  lawfully prior to July 1, 1967.