SF 1182

1st Engrossment - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to liquor; eliminating certain geographic 
  1.3             restrictions on competition for municipal liquor 
  1.4             stores; extending bar hours to 2:00 a.m.; providing 
  1.5             for uniform hours for off-sale of liquor in the state; 
  1.6             removing restrictions on the number of on-sale and 
  1.7             off-sale liquor licenses that may be issued by a 
  1.8             municipality; authorizing certain samples; amending 
  1.9             Minnesota Statutes 2002, sections 340A.404, 
  1.10            subdivision 6; 340A.405, subdivision 2; 340A.504, 
  1.11            subdivisions 1, 2, 3, 4, 5; 340A.510, subdivision 1. 
  1.12  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.13     Section 1.  Minnesota Statutes 2002, section 340A.404, 
  1.14  subdivision 6, is amended to read: 
  1.15     Subd. 6.  [COUNTIES.] (a) A county board may issue an 
  1.16  annual on-sale intoxicating liquor license within the area of 
  1.17  the county that is unorganized or unincorporated to a bowling 
  1.18  center, restaurant, club, or hotel with the approval of the 
  1.19  commissioner.  
  1.20     (b) A county board may also with the approval of the 
  1.21  commissioner issue up to ten seasonal on-sale licenses to 
  1.22  restaurants and clubs for the sale of intoxicating liquor within 
  1.23  the area of the county that is unorganized or unincorporated.  
  1.24  Notwithstanding section 340A.412, subdivision 8, a seasonal 
  1.25  license is valid for a period specified by the board, not to 
  1.26  exceed nine months.  Not more than one license may be issued for 
  1.27  any one premises during any consecutive 12-month period. 
  1.28     Sec. 2.  Minnesota Statutes 2002, section 340A.405, 
  2.1   subdivision 2, is amended to read: 
  2.2      Subd. 2.  [COUNTIES.] (a) A county may issue an off-sale 
  2.3   intoxicating license with the approval of the commissioner to 
  2.4   exclusive liquor stores located within unorganized territory of 
  2.5   the county. 
  2.6      (b) A county board of any county except Ramsey county 
  2.7   containing a town exercising powers under section 368.01, 
  2.8   subdivision 1, may issue an off-sale license to an exclusive 
  2.9   liquor store within that town with the approval of the 
  2.10  commissioner.  No license may be issued under this paragraph 
  2.11  unless the town board adopts a resolution supporting the 
  2.12  issuance of the license. 
  2.13     (c) A county board of any county except Ramsey county 
  2.14  containing a town that may not exercise powers under section 
  2.15  368.01, subdivision 1, may issue an off-sale license to an 
  2.16  exclusive liquor store within that town, or a combination 
  2.17  off-sale and on-sale license to a restaurant within that town, 
  2.18  with the approval of the commissioner pursuant to section 
  2.19  340A.404, subdivision 6.  No license may be issued under this 
  2.20  paragraph unless the town board adopts a resolution supporting 
  2.21  the issuance of the license. 
  2.22     (d) No license may be issued under this subdivision unless 
  2.23  a public hearing is held on the issuance of the license.  Notice 
  2.24  must be given to all interested parties and to any city located 
  2.25  within three miles of the premises proposed to be licensed.  At 
  2.26  the hearing the county board shall consider testimony and 
  2.27  exhibits presented by interested parties and may base its 
  2.28  decision to issue or deny a license upon the nature of the 
  2.29  business to be conducted and its impact upon any municipality, 
  2.30  the character and reputation of the applicant, and the propriety 
  2.31  of the location.  Any hearing held under this paragraph is not 
  2.32  subject to chapter 14. 
  2.33     (e) A county board may not issue a license under this 
  2.34  subdivision to a person for an establishment located less than 
  2.35  one mile by the most direct route from the boundary of any 
  2.36  statutory or home rule city that had established a municipal 
  3.1   liquor store before August 1, 1991, provided, that a county 
  3.2   board may not issue a new license under this subdivision to a 
  3.3   person for an establishment located less than three miles by the 
  3.4   most direct route from the boundary of a city that (1) is 
  3.5   located outside the metropolitan area as defined in section 
  3.6   473.121, subdivision 2, (2) has a population over 5,000 
  3.7   according to the most recent federal decennial census, and (3) 
  3.8   had established a municipal liquor store before August 1, 1991. 
  3.9      (f) The town board may impose an additional license fee in 
  3.10  an amount not to exceed 20 percent of the county license fee. 
  3.11     (g) (f) Notwithstanding any provision of this subdivision 
  3.12  or Laws 1973, chapter 566, as amended by Laws 1974, chapter 200, 
  3.13  a county board may transfer or renew a license that was issued 
  3.14  by a town board under Minnesota Statutes 1984, section 340.11, 
  3.15  subdivision 10b, prior to January 1, 1985. 
  3.16     Sec. 3.  Minnesota Statutes 2002, section 340A.504, 
  3.17  subdivision 1, is amended to read: 
  3.18     Subdivision 1.  [3.2 PERCENT MALT LIQUOR.] No sale of 3.2 
  3.19  percent malt liquor may be made between 1:00 2:00 a.m. and 8:00 
  3.20  a.m. on the days of Monday through Saturday, nor between 1:00 
  3.21  2:00 a.m. and 12:00 noon on Sunday, provided that an 
  3.22  establishment located on land owned by the metropolitan sports 
  3.23  commission, or the sports arena for which one or more licenses 
  3.24  have been issued under section 340A.404, subdivision 2, 
  3.25  paragraph (c), may sell 3.2 percent malt liquor between 10:00 
  3.26  a.m. and 12:00 noon on a Sunday on which a sports or other event 
  3.27  is scheduled to begin at that location on or before 1:00 p.m. of 
  3.28  that day. 
  3.29     Sec. 4.  Minnesota Statutes 2002, section 340A.504, 
  3.30  subdivision 2, is amended to read: 
  3.31     Subd. 2.  [INTOXICATING LIQUOR; ON-SALE.] No sale of 
  3.32  intoxicating liquor for consumption on the licensed premises may 
  3.33  be made: 
  3.34     (1) between 1:00 2:00 a.m. and 8:00 a.m. on the days of 
  3.35  Monday through Saturday; 
  3.36     (2) after 1:00 2:00 a.m. on Sundays, except as provided by 
  4.1   subdivision 3. 
  4.2      Sec. 5.  Minnesota Statutes 2002, section 340A.504, 
  4.3   subdivision 3, is amended to read: 
  4.4      Subd. 3.  [INTOXICATING LIQUOR; SUNDAY SALES; ON-SALE.] (a) 
  4.5   A restaurant, club, bowling center, or hotel with a seating 
  4.6   capacity for at least 30 persons and which holds an on-sale 
  4.7   intoxicating liquor license may sell intoxicating liquor for 
  4.8   consumption on the premises in conjunction with the sale of food 
  4.9   between the hours of 12:00 noon on Sundays and 1:00 2:00 a.m. on 
  4.10  Mondays. 
  4.11     (b) The governing body of a municipality may after one 
  4.12  public hearing by ordinance permit a restaurant, hotel, bowling 
  4.13  center, or club to sell alcoholic beverages for consumption on 
  4.14  the premises in conjunction with the sale of food between the 
  4.15  hours of 10:00 a.m. on Sundays and 1:00 2:00 a.m. on Mondays, 
  4.16  provided that the licensee is in conformance with the Minnesota 
  4.17  Clean Air Act. 
  4.18     (c) An establishment serving intoxicating liquor on Sundays 
  4.19  must obtain a Sunday license.  The license must be issued by the 
  4.20  governing body of the municipality for a period of one year, and 
  4.21  the fee for the license may not exceed $200. 
  4.22     (d) A city may issue a Sunday intoxicating liquor license 
  4.23  only if authorized to do so by the voters of the city voting on 
  4.24  the question at a general or special election.  A county may 
  4.25  issue a Sunday intoxicating liquor license in a town only if 
  4.26  authorized to do so by the voters of the town as provided in 
  4.27  paragraph (e).  A county may issue a Sunday intoxicating liquor 
  4.28  license in unorganized territory only if authorized to do so by 
  4.29  the voters of the election precinct that contains the licensed 
  4.30  premises, voting on the question at a general or special 
  4.31  election. 
  4.32     (e) An election conducted in a town on the question of the 
  4.33  issuance by the county of Sunday sales licenses to 
  4.34  establishments located in the town must be held on the day of 
  4.35  the annual election of town officers. 
  4.36     (f) Voter approval is not required for licenses issued by 
  5.1   the metropolitan airports commission or common carrier licenses 
  5.2   issued by the commissioner.  Common carriers serving 
  5.3   intoxicating liquor on Sunday must obtain a Sunday license from 
  5.4   the commissioner at an annual fee of $50, plus $20 for each 
  5.5   duplicate.  
  5.6      Sec. 6.  Minnesota Statutes 2002, section 340A.504, 
  5.7   subdivision 4, is amended to read: 
  5.8      Subd. 4.  [INTOXICATING LIQUOR; OFF-SALE.] No sale of 
  5.9   intoxicating liquor may be made by an off-sale licensee: 
  5.10     (1) on Sundays; 
  5.11     (2) before 8:00 a.m. or after 10:00 p.m. on Monday through 
  5.12  Saturday; 
  5.13     (3) after 10:00 p.m. on Monday through Saturday at an 
  5.14  establishment located in a city other than a city of the first 
  5.15  class or within a city located within 15 miles of a city of the 
  5.16  first class in the same county; 
  5.17     (4) after 8:00 p.m. on Monday through Thursday and after 
  5.18  10:00 p.m. on Friday and Saturday at an establishment located in 
  5.19  a city of the first class or within a city located within 15 
  5.20  miles of a city of the first class in the same county, provided 
  5.21  that an establishment may sell intoxicating liquor until 10:00 
  5.22  p.m. on December 31 and July 3, and on the day preceding 
  5.23  Thanksgiving day, unless otherwise prohibited under clause (1); 
  5.24     (5) on Thanksgiving Day; 
  5.25     (6) (4) on Christmas Day, December 25; or 
  5.26     (7) (5) after 8:00 p.m. on Christmas Eve, December 24. 
  5.27     Sec. 7.  Minnesota Statutes 2002, section 340A.504, 
  5.28  subdivision 5, is amended to read: 
  5.29     Subd. 5.  [BOTTLE CLUBS.] No establishment licensed under 
  5.30  section 340A.414, may permit a person to consume or display 
  5.31  intoxicating liquor, and no person may consume or display 
  5.32  intoxicating liquor between 1:00 2:00 a.m. and 12:00 noon on 
  5.33  Sundays, and between 1:00 2:00 a.m. and 8:00 a.m. on Monday 
  5.34  through Saturday. 
  5.35     Sec. 8.  Minnesota Statutes 2002, section 340A.510, 
  5.36  subdivision 1, is amended to read: 
  6.1      Subdivision 1.  [SAMPLES AUTHORIZED.] Off-sale licenses 
  6.2   Notwithstanding any other law, on- or off-sale retail licensees 
  6.3   and municipal liquor stores may provide, or permit a licensed 
  6.4   manufacturer or a wholesaler or its agents to provide on the 
  6.5   premises of the retail licensee or municipal liquor store, 
  6.6   samples of malt liquor, wine, liqueurs, cordials, and distilled 
  6.7   spirits intoxicating liquor, which the retail licensee or 
  6.8   municipal liquor store currently has in stock and is offering 
  6.9   for sale to the general public without obtaining an additional 
  6.10  license, provided the wine, liqueur, cordial, and distilled 
  6.11  spirits and caps, tee shirts, or other promotional items.  The 
  6.12  samples are must be dispensed at no charge and consumed on the 
  6.13  licensed premises during the permitted hours of off-sale sale in 
  6.14  a quantity less than 100 milliliters of malt liquor per variety 
  6.15  of malt liquor per customer, 50 milliliters of wine per variety 
  6.16  of wine per customer, 25 milliliters of per variety of liqueur 
  6.17  or cordial per customer, and 15 milliliters of distilled spirits 
  6.18  per variety per customer.