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HF 4640

as introduced - 91st Legislature (2019 - 2020) Posted on 05/16/2020 11:53pm

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to liquor; allowing temporary and special off-sale during and beyond the
COVID-19 peacetime emergency; amending Laws 2020, chapter 75, section 1.

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

Section 1.

Laws 2020, chapter 75, section 1, is amended to read:


Section 1. LIMITED OFF-SALE FOR RESTAURANTS CLOSED BY EXECUTIVE
ORDER.

(a) A qualifying licensee may offer off-sales of malt liquor, hard seltzer, cider, and wine
with a prepared food take-out order, without obtaining an additional license, subject to the
following limitations:

(1) any sale of malt liquor, hard seltzer, cider, and wine is made in conjunction with and
is incidental to the sale of prepared food for take-out;

(2) the alcoholic beverages are sold in their original, unopened packaging;

(3) no more than 72 ounces in total of malt liquor, hard seltzer, and cider; and 750
milliliters of wine may be sold per prepared food take-out order;

(4) the qualifying licensee must confirm that the person picking up the prepared food
take-out order is at least 21 years of age as provided by Minnesota Statutes, section 340A.503,
subdivision 6
; and

(5) the qualifying licensee must notify the insurer providing the coverage required by
Minnesota Statutes, section 340A.409, that it is making off-sales under this section.

(b) All laws and rules relating to the off-sale of liquor under Minnesota Statutes, chapter
340A, not inconsistent with this section apply to the sales allowed by this section including
but not limited to Minnesota Statutes, sections 340A.502 to 340A.504. No delivery of
alcoholic beverages is authorized by this section.

(c) The governing body of a municipality may elect to prohibit the off-sale of alcoholic
beverages authorized by this section.

(d) For purposes of this section, "qualifying licensee" means a restaurant holding an
on-sale intoxicating liquor license issued under Minnesota Statutes, section 340A.404,
subdivision 1
, paragraph (a), clause (2), or subdivision 6, paragraph (a), or a restaurant
holding an on-sale wine license issued under Minnesota Statutes, section 340A.404,
subdivision 5
. Nothing in this section affects or modifies the ability of a licensed brewer to
make off-sales of alcoholic beverages under law.

(e) The authority to make off-sales of malt liquor, hard seltzer, cider, and wine under
this section expires deleted text beginwhendeleted text end new text begin60 days after new text endthe closure of restaurants as set forth in Executive
Order 20-04, as modified and extended by Executive Orders 20-18 and 20-33, or any
subsequent order, expires, or is terminated or rescinded.

new text begin EFFECTIVE DATE. new text end

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

Sec. 2. new text beginTAPROOM TEMPORARY SALES.
new text end

new text begin (a) In addition to existing sales allowed by law, a taproom licensed under Minnesota
Statutes, section 340A.26, is allowed to sell additional off-sale product brewed on premises.
Temporary sales allowed under this section are limited to four 16-ounce or six 12-ounce
containers per customer. All off-sale requirements not inconsistent with this section apply
to the additional sales authorized.
new text end

new text begin (b) The authority to make sales under this section expires 60 days after the final day of
the peacetime emergency declared under Minnesota Statutes, section 12.31, subdivision 2.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment and
sunsets upon expiration of the authority under paragraph (b).
new text end

Sec. 3. new text beginMICRODISTILLERY TEMPORARY SALES.
new text end

new text begin (a) In addition to existing sales allowed by law, a microdistillery licensed under Minnesota
Statutes, section 340A.22, may sell up to 750 milliliters per person per day, in one
750-milliliter vessel or two 375-milliliter vessels, of product manufactured on site. All
off-sale requirements not inconsistent with this section apply to the additional sales
authorized.
new text end

new text begin (b) The authority to make sales under this section expires 60 days after the final day of
the peacetime emergency declared under Minnesota Statutes, section 12.31, subdivision 2.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment and
sunsets upon expiration of the authority under paragraph (b).
new text end