SF 31

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 02:10am

A bill for an act
relating to liquor; repealing certain restrictions relating to direct wine shipments;
amending Minnesota Statutes 2008, section 340A.417.

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

Section 1.

Minnesota Statutes 2008, section 340A.417, is amended to read:

340A.417 SHIPMENTS INTO MINNESOTA.

(a) Notwithstanding section 297G.07, subdivision 2, or any provision of this chapter,
a winery licensed in a state other than Minnesota, or a winery located in Minnesota, may
ship, for personal use and not for resale, not more than two cases of wine, containing a
maximum of nine liters per case, in any calendar year to any resident of Minnesota age 21
or over. Delivery of a shipment under this section may not be deemed a sale in this state.

(b) The shipping container of any wine sent under this section must be clearly
marked "Alcoholic Beverages: adult signature (over 21 years of age) required."

(c) deleted text begin No person may (1) advertise shipments authorized under this section, (2) by
advertisement or otherwise, solicit shipments authorized by this section, or (3) accept
orders for shipments authorized by this section by use of the Internet. No shipper located
outside Minnesota may advertise interstate reciprocal wine shipments in Minnesota.
deleted text end

deleted text begin (d) deleted text end It is not the intent of this section to impair the distribution of wine through
distributors or importing distributors, but only to permit shipments of wine for personal
use.

deleted text begin (e) deleted text end new text begin (d) new text end No criminal penalty may be imposed on a person for a violation of this
section other than a violation described in paragraph deleted text begin (f) deleted text end new text begin (e) new text end or deleted text begin (g) deleted text end new text begin (f) new text end . Whenever it appears
to the commissioner that any person has engaged in any act or practice constituting a
violation of this section, and the violation is not within two years of any previous violation
of this section, the commissioner shall issue and cause to be served upon the person an
order requiring the person to cease and desist from violating this section. The order must
give reasonable notice of the rights of the person to request a hearing and must state the
reason for the entry of the order. Unless otherwise agreed between the parties, a hearing
shall be held not later than seven days after the request for the hearing is received by the
commissioner after which and within 20 days after the receipt of the administrative law
judge's report and subsequent exceptions and argument, the commissioner shall issue an
order vacating the cease and desist order, modifying it, or making it permanent as the facts
require. If no hearing is requested within 30 days of the service of the order, the order
becomes final and remains in effect until modified or vacated by the commissioner. All
hearings shall be conducted in accordance with the provisions of chapter 14. If the person
to whom a cease and desist order is issued fails to appear at the hearing after being duly
notified, the person shall be deemed in default, and the proceeding may be determined
against the person upon consideration of the cease and desist order, the allegations of
which may be deemed to be true.

deleted text begin (f) deleted text end new text begin (e) new text end Any person who violates this section within two years of a violation for which
a cease and desist order was issued under paragraph deleted text begin (e) deleted text end new text begin (d) new text end , is guilty of a misdemeanor.

deleted text begin (g) deleted text end new text begin (f) new text end Any person who commits a third or subsequent violation of this section deleted text begin ,
including a violation for which a cease and desist order was issued under paragraph (c), deleted text end
within any subsequent two-year period is guilty of a gross misdemeanor.

Sec. 2. new text begin EFFECTIVE DATE.
new text end

new text begin Section 1 is effective the day following final enactment.
new text end