HF 3722

as introduced - 92nd Legislature (2021 - 2022) Posted on 02/24/2022 02:06pm

A bill for an act
relating to liquor; establishing a liquor regulation advisory council; proposing
coding for new law in Minnesota Statutes, chapter 340A.

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

Section 1.

new text begin [340A.915] LIQUOR REGULATION ADVISORY COUNCIL.
new text end

new text begin Subdivision 1. new text end

new text begin Creation; composition. new text end

new text begin (a) There is created a permanent Liquor
Regulation Advisory Council. The commissioner must serve as chair of the council and
must be a nonvoting member. This council does not expire unless the council no longer
fulfills the purpose for which the council was established, the council has not met in the
last 18 months, or the council does not comply with the registration requirements of section
15.0599, subdivision 3. The council shall consist of nine voting members, to be appointed
by the governor as follows:
new text end

new text begin (1) three members must represent retailers, as follows:
new text end

new text begin (i) one member must represent or be employed by a municipal liquor store established
under section 340A.601;
new text end

new text begin (ii) one member must represent or be employed by an exclusive liquor store; and
new text end

new text begin (iii) one member must represent or be employed by a restaurant that has been issued an
on-sale intoxicating liquor license under section 340A.404, subdivision 1, paragraph (a),
clause (2), or subdivision 6;
new text end

new text begin (2) three members must represent wholesalers, as follows:
new text end

new text begin (i) one member must be a member of an organized labor organization representing the
employees of a wholesaler;
new text end

new text begin (ii) one member must represent or be employed by a wholesaler of distilled spirits; and
new text end

new text begin (iii) one member must represent or be employed by a malt liquor wholesaler other than
a wholesaler described in section 340A.301, subdivision 9, paragraph (g); and
new text end

new text begin (3) three members must represent manufacturers, as follows:
new text end

new text begin (i) one member must be the holder of a brewer's license under section 340A.404,
subdivision 6, paragraph (c), (i), or (j), that brews no more than 20,000 barrels of its own
brands of malt liquor annually;
new text end

new text begin (ii) one member must be the holder of a microdistillery license under section 340A.22;
and
new text end

new text begin (iii) one member must represent or be employed by a licensed manufacturer other than
a manufacturer described in item (i) or (ii).
new text end

new text begin (b) Each council member shall appoint an alternate. Alternates shall serve in the absence
of the member they replace.
new text end

new text begin (c) The appointed voting members shall serve for terms of five years and may be
reappointed.
new text end

new text begin (d) The speaker of the house and minority leader of the house of representatives shall
each appoint a caucus member as a liaison to the council. The majority and minority leaders
of the senate shall each appoint a caucus member to serve as a liaison to the council.
new text end

new text begin (e) The compensation and removal of members shall be as provided in section 15.059.
new text end

new text begin Subd. 2. new text end

new text begin Duties; recommendations. new text end

new text begin The Liquor Regulation Advisory Council must
advise the director of alcohol and gambling enforcement and the commissioner in carrying
out the purposes of the regulatory system for alcoholic beverages established by this chapter.
The council must submit its recommendations with respect to amendments to this chapter
having a statewide impact by February 1 of each year to the committees of the legislature
with jurisdiction over liquor regulation and shall report its views upon any pending bill
relating to this chapter to the proper legislative committee. A recommendation may not be
made by the council unless it is supported by a majority of the council members, provided
that at least one member from each group described in subdivision 1, paragraph (a), clauses
(1) to (3), supports the recommendation. At the request of the chairs of the senate and house
of representatives committees that hear liquor regulation matters, the Alcohol and Gambling
Enforcement Division of the Department of Public Safety must schedule a meeting of the
council with the members of the committees to discuss matters of legislative concern arising
under this chapter.
new text end

new text begin Subd. 3. new text end

new text begin Meetings; voting. new text end

new text begin (a) The council must meet as frequently as necessary to
carry out its duties and responsibilities. The council may also conduct public hearings
throughout the state as may be necessary to give interested persons an opportunity to
comment and make suggestions on the operation of the state's regulatory system for alcoholic
beverages.
new text end

new text begin (b) The meetings of the council are subject to the state's Open Meeting Law, chapter
13D, except that each group described in subdivision 1, paragraph (a), clauses (1) to (3),
may meet in separate closed caucuses for the purpose of deliberating on matters before the
council. All votes of the council must be public and recorded.
new text end

new text begin Subd. 4. new text end

new text begin Executive director. new text end

new text begin (a) The director of the Alcohol and Gambling Enforcement
Division of the Department of Public Safety must serve as executive director of the council.
new text end

new text begin (b) The executive director shall provide administrative support and information to the
council in order to allow it to monitor all elements of Minnesota's regulatory system for
alcoholic beverages. Specific duties of the executive director shall include:
new text end

new text begin (1) examining the activities of the various entities involved in Minnesota's regulatory
system for alcoholic beverages and identifying problem areas for the council's consideration;
new text end

new text begin (2) identifying trends and developments in the regulatory system for alcoholic beverages
of other states, and reporting to the council on issues that are developing and solutions that
are being proposed or attempted;
new text end

new text begin (3) monitoring the decisions of both federal and Minnesota courts to determine the
impact of court decisions on the state's regulatory system for alcoholic beverages;
new text end

new text begin (4) monitoring research activities related to regulatory systems for alcoholic beverages
and bringing important research findings and recommendations to the attention of the
council; and
new text end

new text begin (5) conducting other activities and duties as may be requested by the council.
new text end

new text begin Subd. 5. new text end

new text begin Administrative support. new text end

new text begin The commissioner must supply necessary office
space, supplies, and staff support to assist the council and its executive director in their
duties.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective after June 30, 2022.
new text end