HF 3972

1st Engrossment - 90th Legislature (2017 - 2018) Posted on 05/18/2018 05:37pm

A bill for an act
relating to liquor; clarifying provisions relating to brewing and winemaking on
premises; modifying off-sale hours; authorizing licenses; amending Minnesota
Statutes 2016, sections 340A.33; 340A.34; Minnesota Statutes 2017 Supplement,
section 340A.504, subdivision 4.

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

Section 1.

Minnesota Statutes 2016, section 340A.33, is amended to read:

340A.33 BREW ON PREMISES STORE.

Notwithstanding anything in this chapter, the owner of a brew on premises store shall
not be considered a brewer, manufacturer, wholesaler, or retailer of intoxicating liquor if
the owner complies with this section and with Code of Federal Regulations, title 27, part
25, subpart L, sections 25.205 and 25.206. For purposes of this section, a brew on premises
store is a facility that provides the ingredients and equipment for a customer to use to brew
malt liquor at the store. Alcoholic beverages may not be sold or otherwise provided to
customers of a brew on premises store, unless the owner of the brew on premises store holds
the appropriate liquor license., except that the tasting of malt liquor that is brewed by a
customer or employee at the brew on premises store shall be permitted, if the malt liquor
is not sold or offered for sale and is provided on the premises of the brew on premises store.
Customers using the brew on premises store must be of the minimum age required to purchase
intoxicating liquor. Malt liquor brewed by a customer in the store must not be sold and must
be used by the customer solely for personal or family use.

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 2.

Minnesota Statutes 2016, section 340A.34, is amended to read:

340A.34 WINEMAKING ON PREMISES STORE.

A commercial establishment in which individuals make wine on the premises for personal
and family use only and not for resale, using ingredients or materials or both supplied by
the establishment, is not required to be licensed under this chapter if the establishment is
operated in accordance with Code of Federal Regulations, title 27, section 24.75. No person
under the age of 21 years may participate in the making of wine in such an establishment.
Alcoholic beverages may not be sold or otherwise provided to customers of an establishment
described in this section unless the establishment holds the appropriate license for such sale
or provision., except that the tasting of wine that is made by a customer or employee at the
winemaking on premises store shall be permitted, if the wine is not sold or offered for sale
and is provided on the premises of the winemaking on premises store.

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 3.

Minnesota Statutes 2017 Supplement, section 340A.504, subdivision 4, is amended
to read:

Subd. 4.

Intoxicating liquor; off-sale.

(a) No sale of intoxicating liquor may be made
by an off-sale licensee:

(1) on Sundays, except between the hours of 11:00 10:00 a.m. and 6:00 p.m.;

(2) before 8:00 a.m. or after 10:00 p.m. on Monday through Saturday;

(3) on Thanksgiving Day;

(4) on Christmas Day, December 25; or

(5) after 8:00 p.m. on Christmas Eve, December 24.

(b) No delivery of alcohol to an off-sale licensee may be made by a wholesaler or accepted
by an off-sale licensee on a Sunday. No order solicitation or merchandising may be made
by a wholesaler on a Sunday.

(c) In the event that Christmas Eve or New Year's Eve falls on a Sunday, Sunday off-sale
hours are extended to 8:00 p.m.

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 4.

OFF-SALE INTOXICATING LIQUOR LICENSE; HUBBARD COUNTY.

Notwithstanding Minnesota Statutes, section 340A.405, subdivision 2, paragraph (e),
the Hubbard County Board may issue an off-sale intoxicating liquor license to an exclusive
liquor store located in Akeley Township. All other provisions of Minnesota Statutes, chapter
340A, not inconsistent with this section, apply to the license authorized under this section.

EFFECTIVE DATE.

This section is effective upon approval by the Hubbard County
Board of Commissioners and compliance with Minnesota Statutes, section 645.021.

Sec. 5. SPECIAL LICENSE; CITY OF NORTH MANKATO.

The city of North Mankato may issue an on-sale intoxicating liquor license, an on-sale
wine license, or an on-sale malt liquor license for the city-owned facilities known as or
operated by the Caswell Regional Sporting Complex, notwithstanding any law, local
ordinance, or charter provision. A license issued under this section authorizes sales on all
days of the week to persons attending events at the Caswell Regional Sporting Complex.

EFFECTIVE DATE.

This section is effective upon approval by the North Mankato
City Council and compliance with Minnesota Statutes, section 645.021.

Sec. 6. CITY OF MINNEAPOLIS; SPECIAL LICENSE.

The city of Minneapolis may issue an on-sale intoxicating liquor license to a restaurant
located at 5400 Penn Avenue South, notwithstanding any law, local ordinance, or charter
provision.

EFFECTIVE DATE.

This section is effective upon approval by the Minneapolis City
Council and compliance with Minnesota Statutes, section 645.021.

Sec. 7. CITY OF MINNEAPOLIS; SPECIAL LICENSE.

The city of Minneapolis may issue an on-sale intoxicating liquor license to a restaurant
located at 4959 Penn Avenue South, notwithstanding any law, local ordinance, or charter
provision.

EFFECTIVE DATE.

This section is effective upon approval by the Minneapolis City
Council and compliance with Minnesota Statutes, section 645.021.

Sec. 8. CITY OF EDINA; SPECIAL LICENSE.

The city of Edina may issue an on-sale intoxicating liquor license to a retailer located
at 6801 France Avenue South, or to an entity holding a concessions or catering contract
with the retailer, for use on the premises of the retailer, notwithstanding any law or local
ordinance to the contrary. The license authorized by this section may be issued for space
that is not compact and contiguous, provided that all such space is included in the description
of the licensed premises on the approved license application. The license authorizes sales
on all days of the week.

EFFECTIVE DATE.

This section is effective upon approval by the Edina City Council
and compliance with Minnesota Statutes, section 645.021.

Sec. 9. CITY OF MINNEAPOLIS; SPECIAL LICENSE.

The city of Minneapolis may issue an on-sale intoxicating liquor license to a business
located at 3753 Nicollet Avenue South, notwithstanding any law, local ordinance, or charter
provision.

EFFECTIVE DATE.

This section is effective upon approval by the Minneapolis City
Council and compliance with Minnesota Statutes, section 645.021.