SF 889

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to alcoholic beverages; authorizing off-sale wine licenses for
supermarkets; amending Minnesota Statutes 2006, sections 340A.101, by adding
a subdivision; 340A.408, subdivision 3; 340A.412, subdivision 3; 340A.413,
subdivision 5; 340A.503, subdivision 4; proposing coding for new law in
Minnesota Statutes, chapter 340A.

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

Section 1.

Minnesota Statutes 2006, section 340A.101, is amended by adding a
subdivision to read:

new text begin Subd. 26a. new text end

new text begin Supermarket. new text end

new text begin "Supermarket" means a general food store that:
new text end

new text begin (1) carries a variety of food and other grocery items in each of the following product
categories: bread and bakery; dairy; unfrozen, fresh, and prepared meats and poultry;
frozen and refrigerated food and beverages; fresh fruits, vegetables, and other produce;
shelf-stable food and beverages, including canned and other types of packaged products;
staple foodstuffs; cleaning products, paper goods, and other household products; and
health and beauty aids; and
new text end

new text begin (2) occupies a building space with at least 8,000 square feet for the purposes of
supermarket operation.
new text end

Sec. 2.

new text begin [340A.4051] OFF-SALE WINE LICENSES.
new text end

new text begin Subdivision 1. new text end

new text begin License. new text end

new text begin (a) A city, including a city owning and operating a
municipal liquor store under section 340A.601, shall issue an off-sale wine license to a
supermarket located within the city if the applicant supermarket meets the qualifications
in subdivisions 2 and 5 and section 340A.402. A county or town authorized to issue an
off-sale intoxicating liquor license under section 340A.405, subdivision 2 or 3, shall issue
an off-sale wine license to a supermarket according to the same jurisdictional guidelines
and requirements for the issuance of an off-sale intoxicating liquor license as set forth in
section 340A.405, subdivisions 2, paragraphs (b) and (c), and 3, provided that the applicant
supermarket also meets the qualifications in subdivisions 2 and 5 and section 340A.402. A
license issued under this section is not valid until approved by the commissioner.
new text end

new text begin (b) A city, county, or town issuing a license under this section shall renew the license
if it finds that the licensee continues to meet the qualifications set forth in this subdivision.
new text end

new text begin (c) A supermarket applying to a city, county, or town for an off-sale wine license
under this section that is denied a license by the city, county, or town, may reapply for
an off-sale wine license.
new text end

new text begin Subd. 2. new text end

new text begin License requirements. new text end

new text begin Before issuing an off-sale wine license under this
section, the city, county, or town must determine that the applicant:
new text end

new text begin (1) has established and implemented an employee and supervisor training program
that includes state laws regulating wine off-sales and responsible sales practices; and
new text end

new text begin (2) has established in writing and implemented a theft prevention plan that addresses
employee and customer theft and provides for wine inventory security.
new text end

new text begin A licensee under this section must update the theft prevention plan at least annually and
must make the plan available for inspection by the licensing authority during regular
business hours.
new text end

new text begin Subd. 3. new text end

new text begin Sales authorized. new text end

new text begin A license under this section authorizes only the off-sale
of wine containing not more than 15.5 percent alcohol by volume for consumption off the
licensed premises.
new text end new text begin new text end

new text begin Subd. 4. new text end

new text begin Youth access compliance checks. new text end

new text begin A city, county, or town that issues
licenses under subdivision 1 must conduct at least one unannounced youth access
compliance check each calendar year at each licensed supermarket. A compliance check
under this subdivision must follow the same procedures and standards as the city, county,
or town applies to youth access compliance checks at other off-sale retail licensees.
new text end

new text begin Subd. 5. new text end

new text begin Notice required. new text end

new text begin A licensee under this section must prominently post and
maintain in a conspicuous place within the licensed premise the following notice:
new text end

new text begin "No wine sales will be made to any person under age 21. Every customer purchasing
wine will be required to show proof of age."
new text end

new text begin The notice must be consistent with those required by section 340A.410, subdivision
4b.
new text end

new text begin Subd. 6. new text end

new text begin Employees; requirements. new text end

new text begin (a) No person may sell wine at a supermarket
licensed under this section unless the person has completed the employee training program
required under subdivision 2 at least once within the previous 12 months.
new text end

new text begin (b) A person selling wine at a supermarket must obtain proof of age as described in
section 340A.503, subdivision 6, before making the sale.
new text end

new text begin (c) For purposes of this subdivision and section 340A.412, subdivision 10, "sale" or
"sell" means the computer price scanning or manual ringing up of a wine sale.
new text end

new text begin Subd. 7. new text end

new text begin Display requirements. new text end

new text begin A supermarket may only display wine for retail
sale in areas immediately adjacent to food and other grocery items in building space
occupied for the purposes of supermarket operation.
new text end

Sec. 3.

Minnesota Statutes 2006, section 340A.408, subdivision 3, is amended to read:

Subd. 3.

Intoxicating liquor; off-sale.

(a) new text begin Except as provided in paragraph (c),
new text end the annual license fee for an off-sale intoxicating liquor license issued by a city, when
combined with any occupation tax imposed by the city, may not exceed the following
limits:

(1) $1,000 for cities of the first class;

(2) $200 for cities over 10,000 other than cities of the first class;

(3) $150 for cities of between 5,000 and 10,000 population; and

(4) $100 for cities with less than 5,000 population.

(b) The annual license fee for an off-sale intoxicating liquor license issued by a
county or town shall not exceed $500.

new text begin (c) The annual license fee for an off-sale wine license issued under section
340A.4051 is the fee set by the issuing city, county, or town. The fee may not exceed the
amount reasonably necessary to recover the issuing city's, county's, or town's costs of
issuing and inspecting and other directly related costs of enforcement, including youth
access compliance checks.
new text end

Sec. 4.

Minnesota Statutes 2006, section 340A.412, subdivision 3, is amended to read:

Subd. 3.

Limitations on issuance of licenses to one person or place.

(a) A
municipality may not issue more than one off-sale intoxicating liquor license to any one
person or for any one place.

(b) A municipality may not allow the same business name to be used by more than
one of its off-sale intoxicating liquor licensees.

(c) For purposes of this subdivision, "person" means:

(1) a holder of an off-sale intoxicating liquor license;

(2) an officer, director, agent, or employee of a holder of an off-sale intoxicating
liquor license; or

(3) an affiliate of a holder of an off-sale intoxicating liquor license, regardless of
whether the affiliation is corporate or by management, direction, or control.

new text begin (d) This subdivision does not apply to off-sale wine licenses issued under section
340A.4051.
new text end

Sec. 5.

Minnesota Statutes 2006, section 340A.413, subdivision 5, is amended to read:

Subd. 5.

Off-sale licenses.

No off-sale intoxicating liquor license may be issued in
any city, new text begin other than an off-sale wine license under section 340A.4051, new text end except as provided
in this section, in excess of the following limits:

(1) in cities of the first class, not more than one off-sale license for each 5,000
population; and

(2) in all other cities the limit shall be determined by the governing body of the city.

Sec. 6.

Minnesota Statutes 2006, section 340A.503, subdivision 4, is amended to read:

Subd. 4.

Entering licensed premises.

(a) It is unlawful for a person under the
age of 21 years to enter an establishment licensed for the sale of alcoholic beverages or
any municipal liquor store for the purpose of purchasing or having served or delivered
any alcoholic beverage.

(b) Notwithstanding section 340A.509, no ordinance enacted by a statutory or
home rule charter city may prohibit a person 18, 19, or 20 years old from entering an
establishment licensed under this chapter to:

(1) perform work for the establishment, including the serving of alcoholic beverages,
unless otherwise prohibited by section 340A.412, subdivision 10;

(2) consume meals; and

(3) attend social functions that are held in a portion of the establishment where
liquor is not sold.

new text begin (c) Notwithstanding section 340A.509, no ordinance enacted by a city, county,
or town may prohibit a person under the age of 21 years from entering a supermarket
licensed under section 340A.4051.
new text end