HF 3058

1st Engrossment - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to intoxicating liquor; exempting certain 
  1.3             sales from hotel room cabinets from on-sale hours 
  1.4             restrictions; providing for measurement of minimum 
  1.5             distances from state university campuses for location 
  1.6             of licenses; authorizing issuance of additional 
  1.7             on-sale licenses in Albert Lea, Eden Prairie, Proctor, 
  1.8             and West St. Paul; amending Minnesota Statutes 2000, 
  1.9             section 340A.504, by adding a subdivision; Minnesota 
  1.10            Statutes 2001 Supplement, section 340A.412, 
  1.11            subdivision 4; Laws 1999, chapter 202, section 12. 
  1.12  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.13     Section 1.  Minnesota Statutes 2001 Supplement, section 
  1.14  340A.412, subdivision 4, is amended to read: 
  1.15     Subd. 4.  [LICENSES PROHIBITED IN CERTAIN AREAS.] (a) No 
  1.16  license to sell intoxicating liquor may be issued within the 
  1.17  following areas: 
  1.18     (1) where restricted against commercial use through zoning 
  1.19  ordinances and other proceedings or legal processes regularly 
  1.20  had for that purpose, except licenses may be issued to 
  1.21  restaurants in areas which were restricted against commercial 
  1.22  uses after the establishment of the restaurant; 
  1.23     (2) within the capitol or on the capitol grounds, except as 
  1.24  provided under Laws 1983, chapter 259, section 9, or section 13, 
  1.25  paragraph (b), of this act; 
  1.26     (3) on the state fairgrounds or at any place in a city of 
  1.27  the first class within one-half mile of the fairgrounds, except 
  1.28  as otherwise provided by charter; 
  2.1      (4) on the campus of the college of agriculture of the 
  2.2   University of Minnesota or at any place in a city of the first 
  2.3   class within one-half mile of the campus, provided that a city 
  2.4   may issue one on-sale wine license in this area that is not 
  2.5   included in the area described in clause (3), except as provided 
  2.6   by charter; 
  2.7      (5) within 1,000 feet of a state hospital, training school, 
  2.8   reformatory, prison, or other institution under the supervision 
  2.9   or control, in whole or in part, of the commissioner of human 
  2.10  services or the commissioner of corrections; 
  2.11     (6) in a town or municipality in which a majority of votes 
  2.12  at the last election at which the question of license was voted 
  2.13  upon were not in favor of license under section 340A.416, or 
  2.14  within one-half mile of any such town or municipality, except 
  2.15  that intoxicating liquor manufactured within this radius may be 
  2.16  sold to be consumed outside it; 
  2.17     (7) at any place on the east side of the Mississippi River 
  2.18  within one-tenth of a mile of the main building of the 
  2.19  University of Minnesota unless (i) the licensed establishment is 
  2.20  on property owned or operated by a nonprofit corporation 
  2.21  organized prior to January 1, 1940, for and by former students 
  2.22  of the University of Minnesota, or (ii) the licensed premises is 
  2.23  Northrop Auditorium; 
  2.24     (8) within 1,500 feet of a state university, except that: 
  2.25     (i) the minimum distance in the case of Winona and 
  2.26  Southwest State University is 1,200 feet, measured by a direct 
  2.27  line from the nearest corner of the administration building to 
  2.28  the main entrance of the licensed establishment; 
  2.29     (ii) within 1,500 feet of St. Cloud State University one 
  2.30  on-sale wine and two off-sale intoxicating liquor licenses may 
  2.31  be issued, measured by a direct line from the nearest corner of 
  2.32  the administration building to the main entrance of the licensed 
  2.33  establishment; 
  2.34     (iii) at Mankato State University the distance is measured 
  2.35  from the front door of the student union of the Highland campus; 
  2.36     (iv) a temporary license under section 340A.404, 
  3.1   subdivision 10, may be issued to a location on the grounds of a 
  3.2   state university for an event sponsored or approved by the state 
  3.3   university; and 
  3.4      (v) this restriction does not apply to the area surrounding 
  3.5   the premises leased by Metropolitan State University at 730 
  3.6   Hennepin Avenue South in Minneapolis; and 
  3.7      (9) within 1,500 feet of any public school that is not 
  3.8   within a city. 
  3.9      (b) The restrictions of this subdivision do not apply to a 
  3.10  manufacturer or wholesaler of intoxicating liquor or to a 
  3.11  drugstore or to a person who had a license originally issued 
  3.12  lawfully prior to July 1, 1967. 
  3.13     Sec. 2.  Minnesota Statutes 2000, section 340A.504, is 
  3.14  amended by adding a subdivision to read: 
  3.15     Subd. 2a.  [CERTAIN DISPENSING EXEMPT.] Where a hotel 
  3.16  possessing an on-sale intoxicating liquor license places 
  3.17  containers of intoxicating liquor in cabinets in hotel rooms for 
  3.18  the use of guests staying in those hotel rooms, and a charge is 
  3.19  made for withdrawals from those cabinets, the dispensing of 
  3.20  intoxicating liquor from those cabinets does not constitute a 
  3.21  sale for purposes of subdivision 2.  
  3.22     Sec. 3.  Laws 1999, chapter 202, section 12, is amended to 
  3.23  read: 
  3.24     Sec. 12.  [CITY OF PROCTOR; LIQUOR LICENSE LICENSES.] 
  3.25     The city of Proctor may issue one three on-sale 
  3.26  intoxicating liquor license licenses in addition to the number 
  3.27  authorized by law.  All provisions of Minnesota Statutes, 
  3.28  chapter 340A, not inconsistent with this section, apply to the 
  3.29  license authorized under this section. 
  3.30     Sec. 4.  [CITY OF ALBERT LEA; LIQUOR LICENSES.] 
  3.31     The city of Albert Lea may issue three on-sale liquor 
  3.32  licenses in addition to the number authorized by law.  All 
  3.33  provisions of Minnesota Statutes, chapter 340A, not inconsistent 
  3.34  with this section, apply to the licenses authorized under this 
  3.35  section. 
  3.36     Sec. 5.  [CITY OF EDEN PRAIRIE; ON-SALE LICENSES.] 
  4.1      The city of Eden Prairie may issue five on-sale 
  4.2   intoxicating liquor licenses in addition to the number 
  4.3   authorized by law.  All provisions of Minnesota Statutes, 
  4.4   chapter 340A, not inconsistent with this section, apply to the 
  4.5   licenses authorized under this section. 
  4.6      Sec. 6.  [CITY OF WEST ST. PAUL.] 
  4.7      The city of West St. Paul may issue six on-sale 
  4.8   intoxicating liquor licenses in addition to the number 
  4.9   authorized by law.  All provisions of Minnesota Statutes, 
  4.10  chapter 340A, not inconsistent with this section, apply to the 
  4.11  licenses authorized under this section. 
  4.12     Sec. 7.  [EFFECTIVE DATE.] 
  4.13     Sections 1 to 6 are effective the day following final 
  4.14  enactment.