1st Engrossment - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to liquor; removing statutory minimum 1.3 restaurant seating capacities and permitting the local 1.4 license issuing authority to establish minimum 1.5 restaurant seating capacities; providing that 1.6 restrictions on a manufacturer or brewer holding an 1.7 interest in a retail license do not apply to brewers 1.8 whose only manufacture is in brewery-restaurants; 1.9 regulating alcoholic beverage brand registration; 1.10 regulating brew on premises stores; authorizing the 1.11 issuance of an on-sale liquor license; licensing and 1.12 permitting requirements; regulating the standards of 1.13 fill for distilled spirits; authorizing the Clay 1.14 county board to issue one on-sale intoxicating liquor 1.15 license; authorizing the city of International Falls 1.16 to issue a temporary on-sale intoxicating liquor 1.17 license for sales on property owned by a school 1.18 district; authorizing the Minneapolis city council to 1.19 issue an on-sale wine license to a restaurant; 1.20 authorizing the St. Louis county board to issue one 1.21 on-sale intoxicating malt liquor license; authorizing 1.22 the Stearns county board to issue an intoxicating 1.23 liquor license; amending Minnesota Statutes 1994, 1.24 sections 340A.101, subdivision 25; 340A.301, 1.25 subdivisions 6 and 7; 340A.311; 340A.401; 340A.404, 1.26 subdivision 2, and by adding a subdivision; and 1.27 340A.414, subdivision 1; proposing coding for new law 1.28 in Minnesota Statutes, chapter 340A; repealing 1.29 Minnesota Statutes 1994, section 340A.301, subdivision 1.30 10. 1.31 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.32 Section 1. Minnesota Statutes 1994, section 340A.101, 1.33 subdivision 25, is amended to read: 1.34 Subd. 25. [RESTAURANT.] "Restaurant" is an establishment, 1.35 other than a hotel, under the control of a single proprietor or 1.36 manager, where meals are regularly prepared on the premises and 1.37 served at tables to the general public, and having a minimum 1.38 seating capacity for guests
in the following minimum numbers:as 2.1 prescribed by the appropriate license issuing authority. 2.2 (a) First class cities 502.3 (b) Second and third class cities2.4 and statutory cities of over2.5 10,000 population 302.6 (c) Unincorporated or unorganized2.7 territory other than in Cook,2.8 Itasca, Lake, Lake of the Woods,2.9 and St. Louis counties 1002.10 (d) Unincorporated or unorganized2.11 territory in Cook, Itasca, Lake,2.12 Lake of the Woods, and St. Louis2.13 counties 502.14 In the case of classes (b) and (c) above, the governing2.15 body of a city or county may prescribe a higher minimum number.2.16 In fourth class cities and statutory cities under 10,0002.17 population, minimum seating requirements are those prescribed by2.18 the governing body of the city.2.19 Sec. 2. Minnesota Statutes 1994, section 340A.301, 2.20 subdivision 6, is amended to read: 2.21 Subd. 6. [FEES.] The annual fees for licenses under this 2.22 section are as follows: 2.23 (a) Manufacturers (except as provided 2.24 in clauses (b) and (c)) $15,000 2.25 Duplicates $ 3,000 2.26 (b) Manufacturers of wines of not more 2.27 than 25 percent alcohol by volume $ 500 2.28 (c) Brewers other than those described 2.29 in clauses (d) and (i) $ 2,500 2.30 (d) Brewers who also hold aone or more 2.31 retail on-sale licenselicenses and who manufacture 2.32 fewer than 3,500 barrels of malt liquor in 2.33 a year , except as provided in subdivision 10, 2.34 at any one licensed premises, the entire 2.35 production of which is solely for consumption 2.36 on tap on the licensed premises. A brewer 3.1 licensed under this paragraph must obtain 3.2 a separate license for each licensed premises 3.3 where the brewer brews malt liquor. A brewer 3.4 licensed under this paragraph may not be 3.5 licensed as an importer under this chapter $ 500 3.6 (e) Wholesalers (except as provided in 3.7 clauses (f), (g), and (h)) $15,000 3.8 Duplicates $ 3,000 3.9 (f) Wholesalers of wines of not more 3.10 than 25 percent alcohol by volume $ 2,000 3.11 (g) Wholesalers of intoxicating 3.12 malt liquor $ 600 3.13 Duplicates $ 25 3.14 (h) Wholesalers of 3.2 percent 3.15 malt liquor $ 10 3.16 (i) Brewers who manufacture fewer than 3.17 2,000 barrels of malt liquor in a year $ 150 3.18 If a business licensed under this section is destroyed, or 3.19 damaged to the extent that it cannot be carried on, or if it 3.20 ceases because of the death or illness of the licensee, the 3.21 commissioner may refund the license fee for the balance of the 3.22 license period to the licensee or to the licensee's estate. 3.23 Sec. 3. Minnesota Statutes 1994, section 340A.301, 3.24 subdivision 7, is amended to read: 3.25 Subd. 7. [INTEREST IN OTHER BUSINESS.] (a) Except as 3.26 provided in this subdivision, a holder of a license as a 3.27 manufacturer, brewer, importer, or wholesaler may not have any 3.28 ownership, in whole or in part, in a business holding a retail 3.29 intoxicating liquor or 3.2 percent malt liquor license. The 3.30 commissioner may not issue a license under this section to a 3.31 manufacturer, brewer, importer, or wholesaler if a retailer of 3.32 intoxicating liquor has a direct or indirect interest in the 3.33 manufacturer, brewer, importer, or wholesaler. A manufacturer 3.34 or wholesaler of intoxicating liquor may use or have property 3.35 rented for retail intoxicating liquor sales only if the 3.36 manufacturer or wholesaler has owned the property continuously 4.1 since November 1, 1933. A retailer of intoxicating liquor may 4.2 not use or have property rented for the manufacture or 4.3 wholesaling of intoxicating liquor. 4.4 (b) A licensedbrewer of malt liquor described inlicensed 4.5 under subdivision 6, clause (d), may be issued an on-sale 4.6 intoxicating liquor or 3.2 percent malt liquor license by a 4.7 municipality for a restaurant operated in or immediately4.8 adjacent tothe place of manufacture. Malt liquor brewed by 4.9 such a licensee may not be removed from the licensed premises 4.10 unless the malt liquor is entered in a tasting competition where 4.11 none of the malt liquor so removed is sold. A brewer licensed 4.12 under subdivision 6, clause (d), may hold or have an interest in 4.13 other retail on-sale licenses, but may not have an ownership 4.14 interest in whole or in part, or be an officer, director, agent, 4.15 or employee of, any other manufacturer, brewer, importer, or 4.16 wholesaler, or be an affiliate thereof whether the affiliation 4.17 is corporate or by management, direction, or control. 4.18 Notwithstanding this prohibition, a brewer licensed under 4.19 subdivision 6, clause (d), may be an affiliate or subsidiary 4.20 company of a brewer licensed in Minnesota or elsewhere if that 4.21 brewer's only manufacture of malt liquor is: 4.22 (1) manufacture licensed under subdivision 6, clause (d); 4.23 (2) manufacture in another state for consumption 4.24 exclusively in a restaurant located in the place of manufacture; 4.25 or 4.26 (3) manufacture in another state for consumption primarily 4.27 in a restaurant located in or immediately adjacent to the place 4.28 of manufacture if the brewer was licensed under subdivision 6, 4.29 clause (d), as of January 1, 1995. 4.30 (c) Except as provided in subdivision 7a, no brewer as 4.31 defined in subdivision 7a may have any interest, in whole or in 4.32 part, directly or indirectly, in the license, business, assets, 4.33 or corporate stock of a licensed malt liquor wholesaler. 4.34 Sec. 4. Minnesota Statutes 1994, section 340A.311, is 4.35 amended to read: 4.36 340A.311 [BRAND REGISTRATION.] 5.1 (a) A brand of intoxicating liquor or 3.2 percent malt 5.2 liquor may not be manufactured, imported into, or sold in the 5.3 state unless the brand label has been registered with and 5.4 approved by the commissioner. A brand registration must be 5.5 renewed every three years in order to remain in effect. The fee 5.6 for an initial brand registration is $30. The fee for brand 5.7 registration renewal is $20. The brand label of a brand of 5.8 intoxicating liquor or 3.2 percent malt liquor for which the 5.9 brand registration has expired, is conclusively deemed abandoned 5.10 by the manufacturer or importer. 5.11 (b) In this section "brand" and "brand label" include 5.12 trademarks and designs used in connection with labels. 5.13 (c) The label of any brand of wine or intoxicating or5.14 nonintoxicating maltalcoholic beverage may be registered only 5.15 by the brand owner or authorized agent. No such brand may be 5.16 imported into the state for sale without the consent of the 5.17 brand owner or authorized agent. This section does not limit 5.18 the provisions of section 340A.307. 5.19 (d) The commissioner shall refuse to register a malt liquor 5.20 brand label, and shall revoke the registration of a malt liquor 5.21 brand label already registered, if the brand label states or 5.22 implies in a false or misleading manner a connection with an 5.23 actual living or dead American Indian leader. This paragraph 5.24 does not apply to a brand label registered for the first time in 5.25 Minnesota before January 1, 1992. 5.26 Sec. 5. [340A.33] [BREW ON PREMISES STORE.] 5.27 Notwithstanding anything in this chapter, the owner of a 5.28 brew on premises store shall not be considered a brewer, 5.29 manufacturer, wholesaler, or retailer of intoxicating liquor if 5.30 the owner complies with this section and with Code of Federal 5.31 Regulations, title 27, part 25, subpart L, sections 25.205 and 5.32 25.206. For purposes of this section, a brew on premises store 5.33 is a facility that provides the ingredients and equipment for a 5.34 customer to use to brew malt liquor at the store. Intoxicating 5.35 liquor may not be sold or otherwise provided to customers of a 5.36 brew on premises store, unless the owner of the brew on premises 6.1 store holds the appropriate liquor license. Customers using the 6.2 brew on premises store must be of a minimum age to purchase 6.3 intoxicating liquor. Intoxicating malt liquor brewed by a 6.4 customer in the store must not be sold and must be used by the 6.5 customer solely for personal or family use. 6.6 Sec. 6. Minnesota Statutes 1994, section 340A.401, is 6.7 amended to read: 6.8 340A.401 [LICENSE REQUIRED.] 6.9 Except as provided in this chapter, no person may directly 6.10 or indirectly, on any pretense or by any device, sell, barter, 6.11 keep for sale, charge for possession, or otherwise dispose of 6.12 alcoholic beverages as part of a commercial transaction without 6.13 having obtained a license. 6.14 Sec. 7. Minnesota Statutes 1994, section 340A.404, 6.15 subdivision 2, is amended to read: 6.16 Subd. 2. [SPECIAL PROVISION; CITY OF MINNEAPOLIS.] (a) The 6.17 city of Minneapolis may issue an on-sale intoxicating liquor 6.18 license to the Guthrie Theatre, the Cricket Theatre, the Orpheum 6.19 Theatre, and the State Theatre, notwithstanding the limitations 6.20 of law, or local ordinance, or charter provision relating to 6.21 zoning or school or church distances. The licenses authorize 6.22 sales on all days of the week to holders of tickets for 6.23 performances presented by the theatres and to members of the 6.24 nonprofit corporations holding the licenses and to their guests. 6.25 (b) The city of Minneapolis may issue an intoxicating 6.26 liquor license to 510 Groveland Associates, a Minnesota 6.27 cooperative, for use by a restaurant on the premises owned by 6.28 510 Groveland Associates, notwithstanding limitations of law, or 6.29 local ordinance, or charter provision. 6.30 (c) The city of Minneapolis may issue an on-sale 6.31 intoxicating liquor license to Zuhrah Shrine Temple for use on 6.32 the premises owned by Zuhrah Shrine Temple at 2540 Park Avenue 6.33 South in Minneapolis, notwithstanding limitations of law, or 6.34 local ordinances, or charter provision relating to zoning or 6.35 school or church distances. 6.36 (d) The city of Minneapolis may issue an on-sale 7.1 intoxicating liquor license to the American Association of 7.2 University Women, Minneapolis branch, for use on the premises 7.3 owned by the American Association of University Women, 7.4 Minneapolis branch, at 2115 Stevens Avenue South, 7.5 notwithstanding limitations of law, or local ordinances, or 7.6 charter provisions relating to zoning or school or church 7.7 distances. 7.8 Sec. 8. Minnesota Statutes 1994, section 340A.404, is 7.9 amended by adding a subdivision to read: 7.10 Subd. 12. [CATERER'S PERMIT.] The commissioner may issue a 7.11 caterer's permit to a restaurant that holds an on-sale 7.12 intoxicating liquor license issued by any municipality. The 7.13 holder of a caterer's permit may sell intoxicating liquor as an 7.14 incidental part of a food service that serves prepared meals at 7.15 a place other than the premises for which the holder's on-sale 7.16 intoxicating liquor license is issued. 7.17 (a) A caterer's permit is auxiliary to the primary on-sale 7.18 license held by the licensee. 7.19 (b) The restrictions and regulations which apply to the 7.20 sale of intoxicating liquor on the licensed premises also apply 7.21 to the sale under the authority of a caterer's permit, and any 7.22 act that is prohibited on the licensed premises is also 7.23 prohibited when the licensee is operating other than on the 7.24 licensed premises under a caterer's permit. 7.25 (c) Any act, which if done on the licensed premises would 7.26 be grounds for cancellation or suspension of the on-sale 7.27 licensee, is grounds for cancellation of both the on-sale 7.28 license and the caterer's permit if done when the permittee is 7.29 operating away from the licensed premises under the authority of 7.30 the caterer's permit. 7.31 (d) The permittee shall notify prior to any catered event: 7.32 (1) the police chief of the city where the event will take 7.33 place, if the event will take place within the corporate limits 7.34 of a city; or 7.35 (2) the county sheriff of the county where the event will 7.36 take place, if the event will be outside the corporate limits of 8.1 any city. 8.2 (e) If the primary license ceases to be valid for any 8.3 reason, the caterer's permit ceases to be valid. 8.4 (f) Permits issued under this subdivision are subject to 8.5 all laws and ordinances governing the sale of intoxicating 8.6 liquor except those laws and ordinances which by their nature 8.7 are not applicable. 8.8 (g) The annual state fee for a caterer's permit is $200. 8.9 Sec. 9. Minnesota Statutes 1994, section 340A.414, 8.10 subdivision 1, is amended to read: 8.11 Subdivision 1. [PERMIT REQUIRED.] No business 8.12 establishment or club which does not hold an on-sale 8.13 intoxicating liquor license may directly or indirectly allow the 8.14 consumption and display of intoxicating liquoralcoholic 8.15 beverages or knowingly serve any liquid for the purpose of 8.16 mixing with intoxicating liquor without first having obtained a 8.17 permit from the commissioner. 8.18 Sec. 10. [CLAY COUNTY; ON-SALE LICENSE.] 8.19 Notwithstanding any state or local law or charter 8.20 provision, the Clay county board may issue one on-sale 8.21 intoxicating liquor license to a premises located in Elkton 8.22 township. The license is not subject to the requirements of 8.23 Minnesota Statutes, section 340A.101, subdivision 25. The 8.24 license is subject to all other provisions of Minnesota 8.25 Statutes, chapter 340A. 8.26 Sec. 11. [INTERNATIONAL FALLS; TEMPORARY LICENSE.] 8.27 Notwithstanding any law to the contrary, the city of 8.28 International Falls may issue to a nonprofit organization or 8.29 corporation a temporary on-sale license for the sale and serving 8.30 of intoxicating liquor in a sports arena owned by independent 8.31 school district No. 361. The license authorized under this 8.32 section is valid for not more than seven consecutive days during 8.33 the months of June and July, 1995. The license is in addition 8.34 to the number of temporary on-sale licenses authorized by law. 8.35 The city shall determine the fee for the license. All 8.36 provisions of Minnesota Statutes, chapter 340A, not inconsistent 9.1 with this section, apply to the license authorized by this 9.2 section. 9.3 Sec. 12. [MINNEAPOLIS; ON-SALE LICENSE.] 9.4 Notwithstanding any state or local law or charter 9.5 provision, the Minneapolis city council may issue an on-sale 9.6 wine license to a restaurant located at 5000 Penn Avenue South. 9.7 The license is subject to all other provisions of Minnesota 9.8 Statutes, chapter 340A. 9.9 Sec. 13. [ST. LOUIS COUNTY; ON-SALE LICENSE.] 9.10 Notwithstanding any state or local law or charter provision 9.11 to the contrary, the St. Louis county board may issue one 9.12 on-sale intoxicating malt liquor license to an establishment 9.13 located in township 65, range 18, section 33. The county board 9.14 shall set the fee for the license. The license is subject to 9.15 all provisions of Minnesota Statutes, chapter 340A, not 9.16 inconsistent with this section. 9.17 Sec. 14. [STEARNS COUNTY; ON-SALE LICENSE.] 9.18 Notwithstanding Minnesota Statutes, section 340A.412, 9.19 subdivision 4, paragraph (a), clause (9), or any local law or 9.20 charter provision, the Stearns county board may issue one 9.21 combination off-sale and on-sale intoxicating liquor license to 9.22 a premises located in Farming township. The license is subject 9.23 to all provisions of Minnesota Statutes, chapter 340A, not 9.24 inconsistent with this section. 9.25 Sec. 15. [REPEALER.] 9.26 Minnesota Statutes 1994, section 340A.301, subdivision 10, 9.27 is repealed. 9.28 Sec. 16. [EFFECTIVE DATE.] 9.29 Sections 3, 5, 6, and 9 are effective the day following 9.30 final enactment. 9.31 Section 7 is effective on approval by the Minneapolis city 9.32 council and compliance with Minnesota Statutes, section 645.021. 9.33 Section 10 is effective on approval by the Clay county 9.34 board and compliance with Minnesota Statutes, section 645.021. 9.35 Section 11 is effective on approval by the International 9.36 Falls city council and compliance with Minnesota Statutes, 10.1 section 645.021. 10.2 Section 12 is effective on approval by the Minneapolis city 10.3 council and compliance with Minnesota Statutes, section 645.021. 10.4 Section 13 is effective on approval by the St. Louis county 10.5 board and compliance with Minnesota Statutes, section 645.021. 10.6 Section 14 is effective on approval by the Stearns county 10.7 board and compliance with Minnesota Statutes, section 645.021.