HF 3940

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to liquor; allowing Minnesota farm wineries to produce certain fortified
wines; amending Minnesota Statutes 2004, sections 340A.101, subdivision 11,
by adding a subdivision; 340A.315, subdivisions 1, 2, 3, 4.

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

Section 1.

Minnesota Statutes 2004, section 340A.101, subdivision 11, is amended to
read:

Subd. 11.

Farm winery.

"Farm winery" is a winery operated by the owner of a
Minnesota farm and producing table deleted text begin or deleted text end new text begin , new text end sparkling new text begin , or fortified new text end wines from grapes, grape
juice, other fruit bases, or honey with a majority of the ingredients grown or produced
in Minnesota.

Sec. 2.

Minnesota Statutes 2004, section 340A.101, is amended by adding a
subdivision to read:

new text begin Subd. 30. new text end

new text begin Fortified wine. new text end

new text begin "Fortified wine" is wine to which brandy, or neutral grape
spirits, has been added during or after fermentation resulting in a beverage containing
not less than one-half of one percent nor more than 24 percent alcohol by volume for
nonindustrial use.
new text end

Sec. 3.

Minnesota Statutes 2004, section 340A.315, subdivision 1, is amended to read:

Subdivision 1.

Licenses.

The commissioner may issue a farm winery license to
the owner or operator of a farm winery located within the state and producing table deleted text begin or deleted text end new text begin , new text end
sparkling new text begin , or fortified new text end wines. Licenses may be issued and renewed for an annual fee of
$50, which is in lieu of all other license fees required by this chapter.

Sec. 4.

Minnesota Statutes 2004, section 340A.315, subdivision 2, is amended to read:

Subd. 2.

Sales.

A license authorizes the sale, on the farm winery premises, of table
deleted text begin or deleted text end new text begin , new text end sparkling new text begin , or fortified new text end wines produced by that farm winery at on-sale or off-sale, in
retail, or wholesale lots in total quantities not in excess of 50,000 gallons in a calendar
year, glassware, wine literature and accessories, cheese and cheese spreads, and the
dispensing of free samples of the wines offered for sale. Sales at on-sale and off-sale may
be made on Sundays between 12:00 noon and 12:00 midnight. Labels for each type or
brand produced must be registered with the commissioner, without fee prior to sale.

Sec. 5.

Minnesota Statutes 2004, section 340A.315, subdivision 3, is amended to read:

Subd. 3.

Applicability.

Except as otherwise specified in this section, all provisions
of this chapter govern the production, sale, possession, and consumption of table deleted text begin or deleted text end new text begin ,
new text end sparkling new text begin , or fortified new text end wines produced by a farm winery.

Sec. 6.

Minnesota Statutes 2004, section 340A.315, subdivision 4, is amended to read:

Subd. 4.

Minnesota products.

If Minnesota produced or grown grapes, grape juice,
other fruit bases, or honey is not available in quantities sufficient to constitute a majority
of the table deleted text begin or deleted text end new text begin , new text end sparkling new text begin , or fortified new text end wine produced by a farm winery, the holder of the
farm winery license may file an affidavit stating this fact with the commissioner. If the
commissioner, after consultation with the commissioner of agriculture, determines this to
be true, the farm winery may use imported products and shall continue to be governed by
the provisions of this section. The affidavit is effective for a period of one year, after which
time the farm winery must use the required amount of Minnesota products as provided by
subdivision 1 unless the farm winery holder files a new affidavit with the commissioner.

Sec. 7. new text begin EFFECTIVE DATE.
new text end

new text begin This act is effective the day following final enactment.
new text end