Minnesota Legislature
HF 719
1st Unofficial Engrossment - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am
KEY: stricken = removed, old language.
underscored = added, new language.
1.1 A bill for an act 1.2 relating to liquor; allowing brewpubs to make 1.3 off-sales of the brewpub's own product under certain 1.4 circumstances; modifying a posting requirement; 1.5 modifying licensing provisions; expanding sale hours; 1.6 modifying sampling provisions; authorizing certain 1.7 local on-sale licenses; amending Minnesota Statutes 1.8 2002, sections 340A.101, by adding a subdivision; 1.9 340A.301, subdivisions 1, 6, 7; 340A.308; 340A.318, 1.10 subdivision 3; 340A.404, subdivisions 1, 2; 340A.411, 1.11 subdivision 1; 340A.413, subdivision 4; 340A.504, 1.12 subdivisions 1, 2, 3, 4, 5; 340A.510, subdivisions 1, 1.13 2; 340A.511. 1.14 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.15 Section 1. Minnesota Statutes 2002, section 340A.101, is 1.16 amended by adding a subdivision to read: 1.17 Subd. 27a. [THEATER.] "Theater" means a building 1.18 containing an auditorium in which live dramatic, musical, dance, 1.19 or literary performances are regularly presented to holders of 1.20 tickets for those performances. 1.21 Sec. 2. Minnesota Statutes 2002, section 340A.301, 1.22 subdivision 1, is amended to read: 1.23 Subdivision 1. [LICENSES REQUIRED.] No person may directly 1.24 or indirectly manufacture or sell at wholesale intoxicating 1.25 liquor, or 3.2 percent malt liquor without obtaining an 1.26 appropriate license from the commissioner, except where 1.27 otherwise provided in this chapter. A manufacturer's license 1.28 includes the right to import. Except as otherwise provided in 1.29 this section, a licensed brewer may sell the brewer's products 2.1 at wholesale only if the brewer has been issued a wholesaler's 2.2 license. The commissioner shall issue a wholesaler's license to 2.3 a brewer only if (1) the commissioner determines that the brewer 2.4 was selling the brewer's own products at wholesale in Minnesota 2.5 on January 1, 1991, or (2) the brewer has acquired a 2.6 wholesaler's business or assets under subdivision 7a, paragraph 2.7 (c) or (d). A licensed wholesaler of intoxicating malt liquor 2.8 may sell 3.2 percent malt liquor at wholesale without an 2.9 additional license. 2.10 Sec. 3. Minnesota Statutes 2002, section 340A.301, 2.11 subdivision 6, is amended to read: 2.12 Subd. 6. [FEES.] The annual fees for licenses under this 2.13 section are as follows: 2.14 (a) Manufacturers (except as provided 2.15 in clauses (b) and (c)) $15,000 2.16 Duplicates $ 3,000 2.17 (b) Manufacturers of wines of not more 2.18 than 25 percent alcohol by volume $ 500 2.19 (c) Brewers other than those described 2.20 in clauses (d) and (i) $ 2,500 2.21 (d) Brewers who also hold one or more 2.22 retail on-sale licenses and who 2.23 manufacture fewer than 3,500 barrels 2.24 of malt liquor in a year, at any one 2.25 licensed premises, the entire 2.26 production of which is solely 2.27 for consumption on tap on the 2.28 licensed premises or for off-sale 2.29 from that licensed premises. 2.30 A brewer licensed 2.31 under this clause must obtain a separate 2.32 license for each licensed premises where 2.33 the brewer brews malt liquor. A brewer 2.34 licensed under this clause may not be 2.35 licensed as an importer under this chapter $ 500 2.36 (e) Wholesalers (except as provided in 3.1 clauses (f), (g), and (h)) $15,000 3.2 Duplicates $ 3,000 3.3 (f) Wholesalers of wines of not more 3.4 than 25 percent alcohol by volume $ 2,000 3.5 (g) Wholesalers of intoxicating 3.6 malt liquor $ 600 3.7 Duplicates $ 25 3.8 (h) Wholesalers of 3.2 percent 3.9 malt liquor $ 10 3.10 (i) Brewers who manufacture fewer than 3.11 2,000 barrels of malt liquor in a year $ 150 3.12 If a business licensed under this section is destroyed, or 3.13 damaged to the extent that it cannot be carried on, or if it 3.14 ceases because of the death or illness of the licensee, the 3.15 commissioner may refund the license fee for the balance of the 3.16 license period to the licensee or to the licensee's estate. 3.17 Sec. 4. Minnesota Statutes 2002, section 340A.301, 3.18 subdivision 7, is amended to read: 3.19 Subd. 7. [INTEREST IN OTHER BUSINESS.] (a) Except as 3.20 provided in this subdivision, a holder of a license as a 3.21 manufacturer, brewer, importer, or wholesaler may not have any 3.22 ownership, in whole or in part, in a business holding a retail 3.23 intoxicating liquor or 3.2 percent malt liquor license. The 3.24 commissioner may not issue a license under this section to a 3.25 manufacturer, brewer, importer, or wholesaler if a retailer of 3.26 intoxicating liquor has a direct or indirect interest in the 3.27 manufacturer, brewer, importer, or wholesaler. A manufacturer 3.28 or wholesaler of intoxicating liquor may use or have property 3.29 rented for retail intoxicating liquor sales only if the 3.30 manufacturer or wholesaler has owned the property continuously 3.31 since November 1, 1933. A retailer of intoxicating liquor may 3.32 not use or have property rented for the manufacture or 3.33 wholesaling of intoxicating liquor. 3.34 (b) A brewer licensed under subdivision 6, clause (d), may 3.35 be issued an on-sale intoxicating liquor or 3.2 percent malt 3.36 liquor license by a municipality for a restaurant operated in 4.1 the place of manufacture.Malt liquor brewed by such a licensee4.2may not be removed from the licensed premises unless the malt4.3liquor is entered in a tasting competition where none of the4.4malt liquor so removed is soldNotwithstanding section 340A.405, 4.5 a brewer who holds an on-sale license issued pursuant to this 4.6 paragraph may, with the approval of the commissioner, be issued 4.7 a license by a municipality for off-sale of malt liquor produced 4.8 and packaged on the licensed premises. Off-sale of malt liquor 4.9 shall be limited to the legal hours for off-sale at exclusive 4.10 liquor stores in the jurisdiction in which the brewer is 4.11 located, and the malt liquor sold off-sale must be removed from 4.12 the premises before the applicable off-sale closing time at 4.13 exclusive liquor stores. The malt liquor shall be packaged in 4.14 64-ounce containers commonly known as "growlers." The 4.15 containers shall bear a twist type closure, cork, stopper, or 4.16 plug. At the time of the sale, a paper or plastic adhesive 4.17 band, strip, or sleeve shall be applied to the container and 4.18 extend over the top of the twist type closure, cork, stopper, or 4.19 plug forming a seal that must be broken upon opening of the 4.20 container. The adhesive band, strip, or sleeve shall bear the 4.21 name and address of the brewer. The containers shall be 4.22 identified as malt liquor, contain the name of the malt liquor, 4.23 bear the name and address of the brewer selling the malt liquor, 4.24 and shall be considered intoxicating liquor unless the alcoholic 4.25 content is labeled as otherwise in accordance with the 4.26 provisions of Minnesota Rules, part 7515.1100. A brewer's total 4.27 retail sales at on- or off-sale under this paragraph may not 4.28 exceed 3,500 barrels per year, provided that off-sales may not 4.29 total more than 50 percent of the brewer's production or 1,000 4.30 barrels, whichever is less. A brewer licensed under subdivision 4.31 6, clause (d), may hold or have an interest in other retail 4.32 on-sale licenses, but may not have an ownership interest in 4.33 whole or in part, or be an officer, director, agent, or employee 4.34 of, any other manufacturer, brewer, importer, or wholesaler, or 4.35 be an affiliate thereof whether the affiliation is corporate or 4.36 by management, direction, or control. Notwithstanding this 5.1 prohibition, a brewer licensed under subdivision 6, clause (d), 5.2 may be an affiliate or subsidiary company of a brewer licensed 5.3 in Minnesota or elsewhere if that brewer's only manufacture of 5.4 malt liquor is: 5.5 (i) manufacture licensed under subdivision 6, clause (d); 5.6 (ii) manufacture in another state for consumption 5.7 exclusively in a restaurant located in the place of manufacture; 5.8 or 5.9 (iii) manufacture in another state for consumption 5.10 primarily in a restaurant located in or immediately adjacent to 5.11 the place of manufacture if the brewer was licensed under 5.12 subdivision 6, clause (d), on January 1, 1995. 5.13 (c) Except as provided in subdivision 7a, no brewer as 5.14 defined in subdivision 7a or importer may have any interest, in 5.15 whole or in part, directly or indirectly, in the license, 5.16 business, assets, or corporate stock of a licensed malt liquor 5.17 wholesaler. 5.18 Sec. 5. Minnesota Statutes 2002, section 340A.308, is 5.19 amended to read: 5.20 340A.308 [PROHIBITED TRANSACTIONS.] 5.21 (a) Except as otherwise provided in section 340A.301, no 5.22 brewer or malt liquor wholesaler may directly or indirectly, or 5.23 through an affiliate or subsidiary company, or through an 5.24 officer, director, stockholder, or partner: 5.25 (1) give, or lend money, credit, or other thing of value to 5.26 a retailer; 5.27 (2) give, lend, lease, or sell furnishing or equipment to a 5.28 retailer; 5.29 (3) have an interest in a retail license; or 5.30 (4) be bound for the repayment of a loan to a retailer. 5.31 (b) No retailer may solicit any equipment, fixture, 5.32 supplies, money, or other thing of value from a brewer or malt 5.33 liquor wholesaler if furnishing of these items by the brewer or 5.34 wholesaler is prohibited by law and the retailer knew or had 5.35 reason to know that the furnishing is prohibited by law. 5.36 (c) This section does not prohibit a manufacturer or 6.1 wholesaler from: 6.2 (1) furnishing, lending, or renting to a retailer outside 6.3 signs, of a cost of up to $400 excluding installation and repair 6.4 costs; 6.5 (2) furnishing, lending, or renting to a retailer inside 6.6 signs and other promotional material, of a cost of up to $300 in 6.7 a year; 6.8 (3) furnishing to or maintaining for a retailer equipment 6.9 for dispensing malt liquor, including tap trailers, cold plates 6.10 and other dispensing equipment, of a cost of up to $100 per tap 6.11 in a year; 6.12 (4) using or renting property owned continually since 6.13 November 1, 1933, for the purpose of selling intoxicating or 3.2 6.14 percent malt liquor at retail; 6.15 (5) extending customary commercial credit to a retailer in 6.16 connection with a sale of nonalcoholic beverages only, or 6.17 engaging in cooperative advertising agreements with a retailer 6.18 in connection with the sale of nonalcoholic beverages only; or 6.19 (6) in the case of a wholesaler, with the prior written 6.20 consent of the commissioner, selling beer on consignment to a 6.21 holder of a temporary license under section 340A.403, 6.22 subdivision 2, or 340A.404, subdivision 10. 6.23 Sec. 6. Minnesota Statutes 2002, section 340A.318, 6.24 subdivision 3, is amended to read: 6.25 Subd. 3. [POSTING; NOTICE.] Verified lists or statements 6.26 required by subdivision 2 shall be posted by the commissioner in 6.27 offices of the department in places available for public 6.28 inspection not later than thedayMonday following receipt. 6.29 Documents posted shall constitute notice to every distiller, 6.30 manufacturer, or wholesaler of the information posted. Actual 6.31 notice, however received, also constitutes notice. 6.32 Sec. 7. Minnesota Statutes 2002, section 340A.404, 6.33 subdivision 1, is amended to read: 6.34 Subdivision 1. [CITIES.] (a) A city may issue an on-sale 6.35 intoxicating liquor license to the following establishments 6.36 located within its jurisdiction: 7.1 (1) hotels; 7.2 (2) restaurants; 7.3 (3) bowling centers; 7.4 (4) clubs or congressionally chartered veterans 7.5 organizations with the approval of the commissioner, provided 7.6 that the organization has been in existence for at least three 7.7 years and liquor sales will only be to members and bona fide 7.8 guests; 7.9 (5) sports facilities located on land owned by the 7.10 metropolitan sports commission; and 7.11 (6) exclusive liquor stores. 7.12 (b) A city may issue an on-sale intoxicating liquor 7.13 license, an on-sale wine license, or an on-sale malt liquor 7.14 license to a theater within the city, notwithstanding any law, 7.15 local ordinance, or charter provision. A license issued under 7.16 this paragraph authorizes sales on all days of the week. 7.17 Sec. 8. Minnesota Statutes 2002, section 340A.404, 7.18 subdivision 2, is amended to read: 7.19 Subd. 2. [SPECIAL PROVISION; CITY OF MINNEAPOLIS.] (a) The 7.20 city of Minneapolis may issue an on-sale intoxicating liquor 7.21 license to the Guthrie Theater, the Cricket Theatre, the Orpheum 7.22 Theatre,andthe State Theatre, and the Historic Pantages 7.23 Theatre, notwithstanding the limitations of law, or local 7.24 ordinance, or charter provision relating to zoning or school or 7.25 church distances. The licenses authorize sales on all days of 7.26 the week to holders of tickets for performances presented by the 7.27 theaters and to members of the nonprofit corporations holding 7.28 the licenses and to their guests. 7.29 (b) The city of Minneapolis may issue an intoxicating 7.30 liquor license to 510 Groveland Associates, a Minnesota 7.31 cooperative, for use by a restaurant on the premises owned by 7.32 510 Groveland Associates, notwithstanding limitations of law, or 7.33 local ordinance, or charter provision. 7.34 (c) The city of Minneapolis may issue an on-sale 7.35 intoxicating liquor license to Zuhrah Shrine Temple for use on 7.36 the premises owned by Zuhrah Shrine Temple at 2540 Park Avenue 8.1 South in Minneapolis, and to the American Swedish Institute for 8.2 use on the premises owned by the American Swedish Institute at 8.3 2600 Park Avenue South, notwithstanding limitations of law, or 8.4 local ordinances, or charter provision relating to zoning or 8.5 school or church distances. 8.6 (d) The city of Minneapolis may issue an on-sale 8.7 intoxicating liquor license to the American Association of 8.8 University Women, Minneapolis branch, for use on the premises 8.9 owned by the American Association of University Women, 8.10 Minneapolis branch, at 2115 Stevens Avenue South in Minneapolis, 8.11 notwithstanding limitations of law, or local ordinances, or 8.12 charter provisions relating to zoning or school or church 8.13 distances. 8.14 (e) The city of Minneapolis may issue an on-sale wine 8.15 license and an on-sale 3.2 percent malt liquor license to a 8.16 restaurant located at 5000 Penn Avenue South, and an on-sale 8.17 wine license and an on-sale malt liquor license to a restaurant 8.18 located at 1931 Nicollet Avenue South, notwithstanding any law 8.19 or local ordinance or charter provision. 8.20 (f) The city of Minneapolis may issue an on-sale wine 8.21 license and an on-sale malt liquor license to the Brave New 8.22 Workshop Theatre located at 3001 Hennepin Avenue South, the 8.23 Theatre de la Jeune Lune, the Illusion Theatre located at 528 8.24 Hennepin Avenue South, the Hollywood Theatre located at 2815 8.25 Johnson Street Northeast, the Loring Playhouse located at 1633 8.26 Hennepin Avenue South,andthe Jungle Theater located at 2951 8.27 Lyndale Avenue South, Brave New Institute located at 2605 8.28 Hennepin Avenue South, the Guthrie Lab located at 700 North 8.29 First Street, and the Southern Theatre located at 1420 8.30 Washington Avenue South, notwithstanding any law or local 8.31 ordinance or charter provision. The license authorizes sales on 8.32 all days of the week. 8.33 (g) The city of Minneapolis may issue an on-sale 8.34 intoxicating liquor license to University Gateway Corporation, a 8.35 Minnesota nonprofit corporation, for use by a restaurant or 8.36 catering operator at the building owned and operated by the 9.1 University Gateway Corporation on the University of Minnesota 9.2 campus, notwithstanding limitations of law, or local ordinance 9.3 or charter provision. The license authorizes sales on all days 9.4 of the week. 9.5 Sec. 9. Minnesota Statutes 2002, section 340A.411, 9.6 subdivision 1, is amended to read: 9.7 Subdivision 1. [ON-SALE LICENSES.] On-sale 3.2 percent 9.8 malt liquor licenses may only be issued to drugstores, 9.9 restaurants, hotels, clubs, bowling centers, golf courses, and 9.10 establishments used exclusively for the sale of 3.2 percent malt 9.11 liquor with the incidental sale of tobacco and soft drinks. 9.12 Sec. 10. Minnesota Statutes 2002, section 340A.413, 9.13 subdivision 4, is amended to read: 9.14 Subd. 4. [EXCLUSIONS FROM LICENSE LIMITS.] On-sale 9.15 intoxicating liquor licenses may be issued to the following 9.16 entities by a city, in addition to the number authorized by this 9.17 section: 9.18 (1) clubs, or congressionally chartered veterans 9.19 organizations; 9.20 (2) restaurantslocated at a racetrack licensed under9.21chapter 240; 9.22 (3) establishments that are issued licenses to sell wine 9.23 under section 340A.404, subdivision 5;and9.24 (4) theaters that are issued licenses under section 9.25 340A.404, subdivision 2; 9.26 (5) hotels; and 9.27 (6) bowling centers. 9.28 Sec. 11. Minnesota Statutes 2002, section 340A.504, 9.29 subdivision 1, is amended to read: 9.30 Subdivision 1. [3.2 PERCENT MALT LIQUOR.] No sale of 3.2 9.31 percent malt liquor may be made between1:002:00 a.m. and 8:00 9.32 a.m. on the days of Monday through Saturday, nor between1:009.33 2:00 a.m. and 12:00 noon on Sunday, provided that an 9.34 establishment located on land owned by the metropolitan sports 9.35 commission, or the sports arena for which one or more licenses 9.36 have been issued under section 340A.404, subdivision 2, 10.1 paragraph (c), may sell 3.2 percent malt liquor between 10:00 10.2 a.m. and 12:00 noon on a Sunday on which a sports or other event 10.3 is scheduled to begin at that location on or before 1:00 p.m. of 10.4 that day. 10.5 Sec. 12. Minnesota Statutes 2002, section 340A.504, 10.6 subdivision 2, is amended to read: 10.7 Subd. 2. [INTOXICATING LIQUOR; ON-SALE.] No sale of 10.8 intoxicating liquor for consumption on the licensed premises may 10.9 be made: 10.10 (1) between1:002:00 a.m. and 8:00 a.m. on the days of 10.11 Monday through Saturday; 10.12 (2) after1:002:00 a.m. on Sundays, except as provided by 10.13 subdivision 3. 10.14 Sec. 13. Minnesota Statutes 2002, section 340A.504, 10.15 subdivision 3, is amended to read: 10.16 Subd. 3. [INTOXICATING LIQUOR; SUNDAY SALES; ON-SALE.] (a) 10.17 A restaurant, club, bowling center, or hotel with a seating 10.18 capacity for at least 30 persons and which holds an on-sale 10.19 intoxicating liquor license may sell intoxicating liquor for 10.20 consumption on the premises in conjunction with the sale of food 10.21 between the hours of 12:00 noon on Sundays and1:002:00 a.m. on 10.22 Mondays. 10.23 (b) The governing body of a municipality may after one 10.24 public hearing by ordinance permit a restaurant, hotel, bowling 10.25 center, or club to sell alcoholic beverages for consumption on 10.26 the premises in conjunction with the sale of food between the 10.27 hours of 10:00 a.m. on Sundays and1:002:00 a.m. on Mondays, 10.28 provided that the licensee is in conformance with the Minnesota 10.29 Clean Air Act. 10.30 (c) An establishment serving intoxicating liquor on Sundays 10.31 must obtain a Sunday license. The license must be issued by the 10.32 governing body of the municipality for a period of one year, and 10.33 the fee for the license may not exceed $200. 10.34 (d) A city may issue a Sunday intoxicating liquor license 10.35 only if authorized to do so by the voters of the city voting on 10.36 the question at a general or special election. A county may 11.1 issue a Sunday intoxicating liquor license in a town only if 11.2 authorized to do so by the voters of the town as provided in 11.3 paragraph (e). A county may issue a Sunday intoxicating liquor 11.4 license in unorganized territory only if authorized to do so by 11.5 the voters of the election precinct that contains the licensed 11.6 premises, voting on the question at a general or special 11.7 election. 11.8 (e) An election conducted in a town on the question of the 11.9 issuance by the county of Sunday sales licenses to 11.10 establishments located in the town must be held on the day of 11.11 the annual election of town officers. 11.12 (f) Voter approval is not required for licenses issued by 11.13 the metropolitan airports commission or common carrier licenses 11.14 issued by the commissioner. Common carriers serving 11.15 intoxicating liquor on Sunday must obtain a Sunday license from 11.16 the commissioner at an annual fee of $50, plus $20 for each 11.17 duplicate. 11.18 Sec. 14. Minnesota Statutes 2002, section 340A.504, 11.19 subdivision 4, is amended to read: 11.20 Subd. 4. [INTOXICATING LIQUOR; OFF-SALE.] No sale of 11.21 intoxicating liquor may be made by an off-sale licensee: 11.22 (1) on Sundays; 11.23 (2) before 8:00 a.m. or after 10:00 p.m. on Monday through 11.24 Saturday; 11.25 (3)after 10:00 p.m. on Monday through Saturday at an11.26establishment located in a city other than a city of the first11.27class or within a city located within 15 miles of a city of the11.28first class in the same county;11.29(4) after 8:00 p.m. on Monday through Thursday and after11.3010:00 p.m. on Friday and Saturday at an establishment located in11.31a city of the first class or within a city located within 1511.32miles of a city of the first class in the same county, provided11.33that an establishment may sell intoxicating liquor until 10:0011.34p.m. on December 31 and July 3, and on the day preceding11.35Thanksgiving day, unless otherwise prohibited under clause (1);11.36(5)on Thanksgiving Day; 12.1(6)(4) on Christmas Day, December 25; or 12.2(7)(5) after 8:00 p.m. on Christmas Eve, December 24. 12.3 Sec. 15. Minnesota Statutes 2002, section 340A.504, 12.4 subdivision 5, is amended to read: 12.5 Subd. 5. [BOTTLE CLUBS.] No establishment licensed under 12.6 section 340A.414, may permit a person to consume or display 12.7 intoxicating liquor, and no person may consume or display 12.8 intoxicating liquor between1:002:00 a.m. and 12:00 noon on 12.9 Sundays, and between1:002:00 a.m. and 8:00 a.m. on Monday 12.10 through Saturday. 12.11 Sec. 16. Minnesota Statutes 2002, section 340A.510, 12.12 subdivision 1, is amended to read: 12.13 Subdivision 1. [SAMPLES FOR OTHER THAN MALT LIQUOR 12.14 AUTHORIZED.] On- or off-salelicensesretail licensees and 12.15 municipal liquor stores may provide, or permit a licensed 12.16 manufacturer or a wholesaler or its agents to provide on the 12.17 premises of the retail licensee or municipal liquor store, 12.18 samples ofmalt liquor,wine, liqueurs, cordials, and distilled 12.19 spirits which the retail licensee or municipal liquor store 12.20 currently has in stock and is offering for sale to the general 12.21 public without obtaining an additional license, provided the 12.22 wine, liqueur, cordial, and distilled spirits samples are 12.23 dispensed at no charge and consumed on the licensed premises 12.24 during the permitted hours ofoff-salesale in a quantity less 12.25 than100 milliliters of malt liquor per variety per customer,50 12.26 milliliters of wine per variety per customer, 25 milliliters of 12.27 liqueur or cordial, and 15 milliliters of distilled spirits per 12.28 variety per customer. 12.29 Sec. 17. Minnesota Statutes 2002, section 340A.510, 12.30 subdivision 2, is amended to read: 12.31 Subd. 2. [MALT LIQUORFURNISHED FOR SAMPLINGSAMPLES 12.32 AUTHORIZED.] (a) Notwithstanding section 340A.308,with respect12.33only to sampling authorized under subdivision 1,a brewer may 12.34 purchase from or furnish at no cost toan off-salea licensed 12.35 retailer malt liquor the brewer manufactures if: 12.36 (1) the malt liquor is dispensed by the retailer only for 13.1tastings authorized under subdivision 1samples in a quantity of 13.2 less than 100 milliliters of malt liquor per variety per 13.3 customer; 13.4 (2) where the brewer furnishes the malt liquor, the 13.5 retailer makes available for return to the brewer any unused 13.6 malt liquor and empty containers; 13.7 (3) the samples are dispensed by an employee of the 13.8 retailer or brewer or by a sampling service retained by the 13.9 retailer or brewer and not affiliated directly or indirectly 13.10 with a malt liquor wholesaler; 13.11 (4)the brewer furnishesnot more than three cases of malt 13.12 liquor are purchased from or furnished to the retailer by the 13.13 brewer for each sampling; 13.14 (5) each sampling continues for not more than eight hours; 13.15 (6) the brewer has furnished malt liquor for not more than 13.16 five samplings for any retailer in any calendar year; 13.17 (7) where the brewer furnishes the malt liquor, the brewer 13.18 delivers the malt liquor for the sampling to its exclusive 13.19 wholesaler for that malt liquor; 13.20 (8) the brewer has at least seven days before the sampling 13.21 filed with the commissioner, on a form the commissioner 13.22 prescribes, written notice of intent to furnish malt liquor for 13.23 the sampling, which contains (i) the name and address of the 13.24 retailer conducting the sampling, (ii) the amount of malt liquor 13.25 being furnished by the brewer, (iii) the number of times the 13.26 brewer has furnished malt liquor to the retailer in the calendar 13.27 year in which the notice is filed, (iv) the date and time of the 13.28 sampling, (v) the exclusive wholesaler to whom the brewer will 13.29 deliver the malt liquor, and (vi) a statement by the brewer to 13.30 the effect that to the brewer's knowledge all requirements of 13.31 this section have been or will be complied with; and 13.32 (9) the commissioner has not notified the brewer filing the 13.33 notice under clause (8) that the commissioner disapproves the 13.34 notice. 13.35 (b) For purposes of this subdivision, "licensed retailer" 13.36 means a licensed on-sale or off-sale retailer of alcoholic 14.1 beverages and a municipal liquor storethat sells at off-sale. 14.2 Sec. 18. Minnesota Statutes 2002, section 340A.511, is 14.3 amended to read: 14.4 340A.511 [CERTAIN SIZES MAY BE SOLD.] 14.5 (a) An off-sale retailer of intoxicating liquor may sell 14.6 distilled spirits in bottles of 50 milliliters. 14.7 (b) An on-sale intoxicating liquor licensee whose licensed 14.8 premises includes a golf course or who is a common carrier may 14.9 dispense distilled spirits from 50-milliliter bottles. 14.10 Sec. 19. [CITY OF BLAINE; ON-SALE LICENSES.] 14.11 The city of Blaine may issue 15 on-sale intoxicating liquor 14.12 licenses in addition to the number authorized by law. All 14.13 provisions of Minnesota Statutes, chapter 340A, not inconsistent 14.14 with this section, apply to the licenses authorized by this 14.15 section. 14.16 Sec. 20. [CITY OF DULUTH; ON-SALE LICENSE.] 14.17 The city of Duluth may issue one on-sale intoxicating 14.18 liquor license in addition to the number authorized by law for 14.19 the St. Louis County Heritage and Arts Center, commonly known as 14.20 the Duluth Depot. All provisions of Minnesota Statutes, chapter 14.21 340A, not inconsistent with this section, apply to the license 14.22 authorized by this section. 14.23 Sec. 21. [CITY OF THIEF RIVER FALLS; LIQUOR LICENSES.] 14.24 The city of Thief River Falls may issue two on-sale 14.25 intoxicating liquor licenses in addition to the number 14.26 authorized by law. All provisions of Minnesota Statutes, 14.27 chapter 340A, not inconsistent with this section apply to the 14.28 licenses authorized by this section. 14.29 Sec. 22. [CITY OF HASTINGS; ON-SALE LICENSES.] 14.30 The city of Hastings may issue three on-sale intoxicating 14.31 liquor licenses in addition to the number authorized by law. 14.32 All provisions of Minnesota Statutes, chapter 340A, not 14.33 inconsistent with this section, apply to the licenses authorized 14.34 by this section. 14.35 Sec. 23. [CITY OF MAPLE GROVE; LIQUOR LICENSES.] 14.36 The city of Maple Grove may issue 12 on-sale intoxicating 15.1 liquor licenses in addition to the number authorized by law. 15.2 All provisions of Minnesota Statutes, chapter 340A, not 15.3 inconsistent with this section, apply to the licenses authorized 15.4 under this section. 15.5 Sec. 24. [CITY OF SARTELL; ON-SALE LICENSES.] 15.6 The city of Sartell may issue five on-sale intoxicating 15.7 liquor licenses in addition to the number authorized by law. 15.8 All provisions of Minnesota Statutes, chapter 340A, not 15.9 inconsistent with this section, apply to the licenses authorized 15.10 by this section. 15.11 Sec. 25. [CITY OF ST. MICHAEL; LIQUOR LICENSES.] 15.12 The city of St. Michael may issue five on-sale liquor 15.13 licenses in addition to the number authorized by law. All 15.14 provisions of Minnesota Statutes, chapter 340A, not inconsistent 15.15 with this section, apply to the licenses authorized under this 15.16 section. 15.17 Sec. 26. [CITY OF WOODBURY; ON-SALE LICENSES.] 15.18 The city of Woodbury may issue 12 on-sale intoxicating 15.19 liquor licenses in addition to the number authorized by law. 15.20 All provisions of Minnesota Statutes, chapter 340A, not 15.21 inconsistent with this section, apply to the licenses authorized 15.22 by this section. 15.23 Sec. 27. [CITY OF WACONIA; LIQUOR LICENSES.] 15.24 The city of Waconia may issue three on-sale intoxicating 15.25 liquor licenses in addition to the number authorized by law. 15.26 All provisions of Minnesota Statutes, chapter 340A, not 15.27 inconsistent with this section, apply to the licenses authorized 15.28 under this section. 15.29 Sec. 28. [CITY OF ST. JOSEPH; ON-SALE LICENSES.] 15.30 The city of St. Joseph may issue three on-sale intoxicating 15.31 liquor licenses in addition to the number authorized by law. 15.32 All provisions of Minnesota Statutes, chapter 340A, not 15.33 inconsistent with this section, apply to the licenses authorized 15.34 by this section. 15.35 Sec. 29. [MINNESOTA CENTENNIAL SHOWBOAT.] 15.36 The city of St. Paul may issue an on-sale intoxicating 16.1 liquor license for the Minnesota Centennial Showboat, moored at 16.2 110 Yacht Club Road, Harriet Island, notwithstanding any law, 16.3 local ordinance, or charter provision. The license must be 16.4 issued to a holder of a river tour boat license under Minnesota 16.5 Statutes, section 340A.404, subdivision 8. The license 16.6 authorizes sales on all days of the week. 16.7 Sec. 30. [ELKO SPEEDWAY; ON-SALE LICENSE.] 16.8 Notwithstanding Minnesota Statutes, section 340A.404, 16.9 subdivision 1, the city of Elko may issue an on-sale 16.10 intoxicating liquor license to the Elko Speedway in addition to 16.11 the number authorized by law. The license may authorize sales 16.12 only to persons attending racing events at the speedway. All 16.13 provisions of Minnesota Statutes, chapter 340A, not inconsistent 16.14 with this provision, apply to the license authorized under this 16.15 section. The license may be issued for a space that is not 16.16 compact and contiguous, provided that the licensed premises may 16.17 include only the space within the fenced grandstand area as 16.18 described in the approved license application. 16.19 Sec. 31. [WINE LICENSES; STATE FAIR.] 16.20 (a) Notwithstanding Minnesota Statutes, sections 37.21 and 16.21 340A.412, subdivision 4, paragraph (a), clause (3), the city of 16.22 St. Paul may issue a license to the holder of a state fair 16.23 concessions contract with the state agricultural society which 16.24 authorizes the licensee to sell Minnesota-produced wine by the 16.25 glass at the state fair in connection with the sale of food by 16.26 the concessionaire. All provisions of Minnesota Statutes, 16.27 chapter 340A, not inconsistent herewith, apply to licenses 16.28 issued under this section. 16.29 (b) For purposes of this section "Minnesota-produced wine" 16.30 means wine produced by a farm winery licensed under Minnesota 16.31 Statutes, section 340A.315, and made from at least 75 percent 16.32 Minnesota grown grapes, grape juice, other juices, and honey. 16.33 Sec. 32. [EFFECTIVE DATE.] 16.34 This act is effective the day following final enactment.