1.2relating to liquor; recodifying statutes related to certain licensees; regulating
the
1.3sale and distribution of alcoholic beverages; authorizing various liquor licenses;
1.4amending Minnesota Statutes 2014, sections 340A.101, by adding a subdivision;
1.5340A.22; 340A.301; 340A.404, subdivisions 2, 10; 340A.503, subdivision 6;
1.6340A.504, subdivision 3; proposing coding for new law in Minnesota Statutes,
1.7chapter 340A.
1.8BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.11 Section 1. Minnesota Statutes 2014, section 340A.101, is amended by adding a
1.12subdivision to read:
1.13 Subd. 3a. Brew pub. "Brew pub" is a brewer who also holds one or more retail
1.14on-sale licenses and who manufactures fewer than 3,500 barrels of malt liquor in a
year,
1.15at any one licensed premises, the entire production of which is solely for consumption
1.16on tap on any licensed premises owned by the brewer, or for off-sale from those licensed
1.17premises as permitted in section 340A.24, subdivision 2.
1.18 Sec. 2. Minnesota Statutes 2014, section 340A.22, is amended to read:
1.19340A.22 MICRODISTILLERIES.
1.20 Subdivision 1.
Activities. (a) A microdistillery licensed under
section
340A.301,
1.21subdivision 6c, this chapter may provide on its premises samples of distilled spirits
1.22manufactured on its premises, in an amount not to exceed 15 milliliters per variety
per
1.23person. No more than 45 milliliters may be sampled under this paragraph by any person
1.24on any day.
2.1(b) A microdistillery can sell cocktails to the public, pursuant to subdivision 2.
2.2 Subd. 2.
Cocktail room license. (a) A municipality, including a city with a
2.3municipal liquor store, may issue the holder of a microdistillery license under
section
2.4340A.301, subdivision 6c, this chapter a microdistillery cocktail room license. A
2.5microdistillery cocktail room license authorizes on-sale of distilled liquor produced
by
2.6the distiller for consumption on the premises of or adjacent to one distillery location
2.7owned by the distiller. Nothing in this subdivision precludes the holder of a microdistillery
2.8cocktail room license from also holding a license to operate a restaurant at the distillery.
2.9Section
340A.409 shall apply to a license issued under this subdivision. All provisions of
2.10this chapter that apply to a retail liquor license shall apply to a license issued
under this
2.11subdivision unless the provision is explicitly inconsistent with this subdivision.
2.12(b) A distiller may only have one cocktail room license under this subdivision,
2.13and may not have an ownership interest in a distillery licensed under section
340A.301,
2.14subdivision 6, paragraph (a).
2.15(c) The municipality shall impose a licensing fee on a distiller holding a
2.16microdistillery cocktail room license under this subdivision, subject to limitations
2.17applicable to license fees under section
340A.408, subdivision 2, paragraph (a).
2.18(d) A municipality shall, within ten days of the issuance of a license under this
2.19subdivision, inform the commissioner of the licensee's name and address and trade
name,
2.20and the effective date and expiration date of the license. The municipality shall
also
2.21inform the commissioner of a license transfer, cancellation, suspension, or revocation
2.22during the license period.
2.23(e) No single entity may hold both a cocktail room and taproom license, and a
2.24cocktail room and taproom may not be co-located.
2.25 Subd. 3. License; fee. The commissioner shall establish a fee for licensing
2.26microdistilleries that adequately covers the cost of issuing the license and other
inspection
2.27requirements. The fees shall be deposited in an account in the special revenue fund
and
2.28are appropriated to the commissioner for the purposes of this subdivision. All other
2.29requirements of section 340A.301 apply to a license under this section.
2.30 Sec. 3.
[340A.24] BREW PUBS.
2.31 Subdivision 1. On-sale license. A brew pub may be issued an on-sale intoxicating
2.32liquor or 3.2 percent malt liquor license by a municipality for a restaurant operated
in
2.33the place of manufacture.
2.34 Subd. 2. Off-sale license. Notwithstanding section 340A.405, a brew pub that
2.35holds an on-sale license issued pursuant to this section may, with the approval of
the
3.1commissioner, be issued a license by a municipality for off-sale of malt liquor produced
3.2and packaged on the licensed premises. Off-sale of malt liquor shall be limited to
the legal
3.3hours for off-sale at exclusive liquor stores in the jurisdiction in which the brew
pub is
3.4located, and the malt liquor sold off-sale must be removed from the premises before
the
3.5applicable off-sale closing time at exclusive liquor stores. Packaging of malt liquor
for
3.6off-sale under this subdivision must comply with section 340A.285.
3.7 Subd. 3. Total retail sales. A brew pub's total retail sales at on- or off-sale under
3.8this section may not exceed 3,500 barrels per year, provided that off-sales may not
total
3.9more than 500 barrels.
3.10 Subd. 4. Interest in other license. (a) A brew pub may hold or have an interest
3.11in other retail on-sale licenses, but may not have an ownership interest in whole
or in
3.12part, or be an officer, director, agent, or employee of, any other manufacturer, brewer,
3.13importer, or wholesaler, or be an affiliate thereof whether the affiliation is corporate
or by
3.14management, direction, or control.
3.15 (b) Notwithstanding this prohibition, a brew pub may be an affiliate or subsidiary
3.16company of a brewer licensed in Minnesota or elsewhere if that brewer's only manufacture
3.17of malt liquor is:
3.18 (1) manufacture licensed under section 340A.301, subdivision 6, clause (d);
3.19 (2) manufacture in another state for consumption exclusively in a restaurant located
3.20in the place of manufacture; or
3.21 (3) manufacture in another state for consumption primarily in a restaurant located
3.22in or immediately adjacent to the place of manufacture if the brewer was licensed
under
3.23section 340A.301, subdivision 6, clause (d), on January 1, 1995.
3.24 Subd. 5. Prohibition. A brew pub licensed under this chapter may not be licensed
3.25as an importer under section 340A.302.
3.26 Sec. 4.
[340A.26] BREWER TAPROOMS.
3.27 Subdivision 1. Brewer taproom license. (a) A municipality, including a city with a
3.28municipal liquor store, may issue the holder of a brewer's license under section 340A.301,
3.29subdivision 6, clause (c), (i), or (j), a brewer taproom license. A brewer taproom
license
3.30authorizes on-sale of malt liquor produced by the brewer for consumption on the premises
3.31of or adjacent to one brewery location owned by the brewer. Nothing in this subdivision
3.32precludes the holder of a brewer taproom license from also holding a license to operate
3.33a restaurant at the brewery. Section 340A.409 shall apply to a license issued under
this
3.34subdivision. All provisions of this chapter that apply to a retail liquor license
shall apply
4.1to a license issued under this subdivision unless the provision is explicitly inconsistent
4.2with this subdivision.
4.3(b) A brewer may only have one taproom license under this subdivision, and may
4.4not have an ownership interest in a brew pub.
4.5 Subd. 2. Prohibition. A municipality may not issue a brewer taproom license to a
4.6brewer if the brewer seeking the license, or any person having an economic interest
in the
4.7brewer seeking the license or exercising control over the brewer seeking the license,
is
4.8a brewer that brews more than 250,000 barrels of malt liquor annually or a winery
that
4.9produces more than 250,000 gallons of wine annually.
4.10 Subd. 3. Fee. The municipality shall impose a licensing fee on a brewer holding a
4.11brewer taproom license under this subdivision, subject to limitations applicable to
license
4.12fees under section 340A.408, subdivision 2, paragraph (a).
4.13 Subd. 4. Municipality to inform commissioner. A municipality shall, within ten
4.14days of the issuance of a license under this subdivision, inform the commissioner
of the
4.15licensee's name and address and trade name, and the effective date and expiration
date of
4.16the license. The municipality shall also inform the commissioner of a license transfer,
4.17cancellation, suspension, or revocation during the license period.
4.18 Subd. 5. Sunday on-sale. Notwithstanding section 340A.504, subdivision 3, a
4.19taproom may be open and may conduct on-sale business on Sundays if authorized by the
4.20municipality.
4.21 Sec. 5.
[340A.28] SMALL BREWER OFF-SALE.
4.22 Subdivision 1. License; limitations. A brewer licensed under section 340A.301,
4.23subdivision 6, clause (c), (i), or (j), may be issued a license by a municipality
for off-sale
4.24of malt liquor at its licensed premises that has been produced and packaged by the
brewer.
4.25The license must be approved by the commissioner. A brewer may only have one license
4.26under this subdivision. The amount of malt liquor sold at off-sale may not exceed
500
4.27barrels annually. Off-sale of malt liquor shall be limited to the legal hours for
off-sale at
4.28exclusive liquor stores in the jurisdiction in which the brewer is located, and the
malt
4.29liquor sold off-sale must be removed from the premises before the applicable off-sale
4.30closing time at exclusive liquor stores. Packaging of malt liquor for off-sale under
this
4.31subdivision must comply with section 340A.285.
4.32 Subd. 2. Prohibition. A municipality may not issue a license under this section to a
4.33brewer if the brewer seeking the license, or any person having an economic interest
in the
4.34brewer seeking the license or exercising control over the brewer seeking the license,
is a
5.1brewer that brews more than 20,000 barrels of its own brands of malt liquor annually
or a
5.2winery that produces more than 250,000 gallons of wine annually.
5.3 Subd. 3. Fee. The municipality shall impose a licensing fee on a brewer holding a
5.4license under this subdivision, subject to limitations applicable to license fees
under
5.5section 340A.408, subdivision 3, paragraph (a).
5.6 Sec. 6.
[340A.285] GROWLERS.
5.7(a) Malt liquor authorized for off-sale pursuant to section 340A.24 or 340A.28
5.8shall be packaged in 64-ounce containers commonly known as "growlers" or in 750
5.9milliliter bottles. The containers or bottles shall bear a twist-type closure, cork,
stopper,
5.10or plug. At the time of sale, a paper or plastic adhesive band, strip, or sleeve shall
be
5.11applied to the container or bottle and extended over the top of the twist-type closure,
cork,
5.12stopper, or plug forming a seal that must be broken upon opening the container or
bottle.
5.13The adhesive band, strip, or sleeve shall bear the name and address of the brewer.
The
5.14containers or bottles shall be identified as malt liquor, contain the name of the
malt liquor,
5.15bear the name and address of the brew pub or brewer selling the malt liquor, and shall
5.16be considered intoxicating liquor unless the alcoholic content is labeled as otherwise
in
5.17accordance with the provisions of Minnesota Rules, part 7515.1100.
5.18(b) A brew pub or brewer may, but is not required to, refill any container or bottle
5.19with malt liquor for off-sale at the request of the customer. A brew pub or brewer
refilling
5.20a container or bottle must do so at its licensed premises and the container or bottle
must be
5.21filled at the tap at the time of sale. A container or bottle refilled under this paragraph
must
5.22be sealed and labeled in the manner described in paragraph (a).
5.23 Sec. 7. Minnesota Statutes 2014, section 340A.301, is amended to read:
5.24340A.301 MANUFACTURERS, BREWERS, AND WHOLESALERS
5.25LICENSES.
5.26 Subdivision 1.
Licenses required. No person may directly or indirectly manufacture
5.27or sell at wholesale intoxicating liquor, or 3.2 percent malt liquor without obtaining
an
5.28appropriate license from the commissioner, except where otherwise provided in this
5.29chapter. A manufacturer's license includes the right to import. A licensed brewer
may sell
5.30the brewer's products at wholesale only if the brewer has been issued a wholesaler's
license.
5.31The commissioner shall issue a wholesaler's license to a brewer only if (1) the commissioner
5.32determines that the brewer was selling the brewer's own products at wholesale in
5.33Minnesota on January 1, 1991, or (2) the brewer has acquired a wholesaler's business
or
6.1assets under subdivision 7a, paragraph (c) or (d). A licensed wholesaler of intoxicating
6.2malt liquor may sell 3.2 percent malt liquor at wholesale without an additional license.
6.3 Subd. 2.
Persons eligible. (a) Licenses under this section may be issued only to
6.4a person who:
6.5(1) is of good moral character and repute;
6.6(2) is 21 years of age or older;
6.7(3) has not had a license issued under this chapter revoked within five years of the
6.8date of license application, or to any person who at the time of the violation owns
any
6.9interest, whether as a holder of more than five percent of the capital stock of a
corporation
6.10licensee, as a partner or otherwise, in the premises or in the business conducted
thereon,
6.11or to a corporation, partnership, association, enterprise, business, or firm in which
any
6.12such person is in any manner interested; and
6.13(4) has not been convicted within five years of the date of license application of
a
6.14felony, or of a willful violation of a federal or state law, or local ordinance governing
6.15the manufacture, sale, distribution, or possession for sale or distribution of alcoholic
6.16beverages. The Alcohol and Gambling Enforcement Division may require that fingerprints
6.17be taken and may forward the fingerprints to the Federal Bureau of Investigation for
6.18purposes of a criminal history check.
6.19(b) In order to determine if an individual has a felony or willful violation of federal
6.20or state law governing the manufacture, sale, distribution, or possession for sale
or
6.21distribution of an alcoholic beverage, the applicant for a license to manufacture
or sell
6.22at wholesale must provide the commissioner with their signed, written informed consent
6.23to conduct a background check. The commissioner may query the Minnesota criminal
6.24history repository for records on the applicant. If the commissioner conducts a national
6.25criminal history record check, the commissioner must obtain fingerprints from the
6.26applicant and forward them and the required fee to the superintendent of the Bureau
6.27of Criminal Apprehension. The superintendent may exchange the fingerprints with the
6.28Federal Bureau of Investigation for purposes of obtaining the applicant's national
criminal
6.29history record information. The superintendent shall return the results of the national
6.30criminal history records check to the commissioner for the purpose of determining
if the
6.31applicant is qualified to receive a license.
6.32 Subd. 3.
Application. An application for a license under this section must be made
6.33to the commissioner on a form the commissioner prescribes and must be accompanied
by
6.34the fee specified in subdivision 6. If an application is denied, $100 of the amount
of any fee
6.35exceeding that amount shall be retained by the commissioner to cover costs of investigation.
7.1 Subd. 4.
Bond. The commissioner may not issue a license under this section to a
7.2person who has not filed a bond with corporate surety, or cash, or United States government
7.3bonds payable to the state. The proof of financial responsibility must be approved
by the
7.4commissioner before the license is issued. The bond must be conditioned on the licensee
7.5obeying all laws governing the business and paying when due all taxes, fees, penalties
and
7.6other charges, and must provide that it is forfeited to the state on a violation of
law. This
7.7subdivision does not apply to a Minnesota farm winery, licensed under section
340A.315,
7.8that is in existence as of January 1, 2010. Bonds must be in the following amounts:
7.9
7.10
|
|
Manufacturers and wholesalers of intoxicating
liquor except as provided in this subdivision
|
|
$
|
10,000
|
|
7.11
7.12
|
|
Manufacturers and wholesalers of wine up to
25 percent alcohol by weight
|
|
$
|
5,000
|
|
7.13
7.14
|
|
Manufacturers and wholesalers of beer of more
than 3.2 percent alcohol by weight
|
|
$
|
1,000
|
|
7.15
7.16
|
|
Manufacturers and wholesalers of fewer than
20,000 proof gallons
|
|
$
|
2,000
|
|
7.17
7.18
|
|
Manufacturers and wholesalers of 20,000 to
40,000 proof gallons
|
|
$
|
3,000
|
|
7.19 Subd. 5.
Period of license. Licenses issued under this section are valid for one year
7.20except that to coordinate expiration dates initial licenses may be issued for a shorter
period.
7.21 Subd. 6.
Fees. The annual fees for licenses under this section are as follows:
7.22
7.23
|
(a)
|
Manufacturers (except as provided in clauses (b)
and (c))
|
$
|
30,000
|
7.24
|
|
Duplicates
|
$
|
3,000
|
7.25
7.26
|
(b)
|
Manufacturers of wines of not more than 25 percent
alcohol by volume
|
$
|
500
|
7.27
7.28
|
(c)
|
Brewers who manufacture more than 3,500 barrels
of malt liquor in a year
|
$
|
4,000
|
7.29
7.30
7.31
7.32
7.33
7.34
7.35
7.36
7.37
7.38
7.39
7.40
|
(d)
|
Brewers who also hold one or more retail on-sale
licenses and who manufacture fewer than 3,500
barrels of malt liquor in a year, at any one licensed
premises, the entire production of which is solely for
consumption on tap on any licensed premises owned
by the brewer, or for off-sale from those licensed
premises as permitted in subdivision 7 Brew pubs.
A brewer brew pub licensed under this clause must
obtain a separate license for each licensed premises
where the brewer brews brew pub produces malt
liquor. A brewer licensed under this clause may not
be licensed as an importer under this chapter
|
$
|
500
|
7.41
7.42
|
(e)
|
Wholesalers (except as provided in clauses (f), (g),
and (h))
|
$
|
15,000
|
7.43
|
|
Duplicates
|
$
|
3,000
|
7.44
7.45
|
(f)
|
Wholesalers of wines of not more than 25 percent
alcohol by volume
|
$
|
3,750
|
7.46
|
(g)
|
Wholesalers of intoxicating malt liquor
|
$
|
1,000
|
8.1
|
|
Duplicates
|
$
|
25
|
8.2
|
(h)
|
Wholesalers of 3.2 percent malt liquor
|
$
|
10
|
8.3
8.4
|
(i)
|
Brewers who manufacture fewer than 2,000 barrels
of malt liquor in a year
|
$
|
150
|
8.5
8.6
|
(j)
|
Brewers who manufacture 2,000 to 3,500 barrels
of malt liquor in a year
|
$
|
500
|
8.7If a business licensed under this section is destroyed, or damaged to the extent that
8.8it cannot be carried on, or if it ceases because of the death or illness of the licensee,
the
8.9commissioner may refund the license fee for the balance of the license period to the
8.10licensee or to the licensee's estate.
8.11 Subd. 6a.
Permits and identification cards; fees. Any person engaged in the
8.12purchase, sale, or use for any purpose other than personal consumption of intoxicating
8.13alcoholic beverages or ethyl alcohol shall obtain the appropriate regulatory permit
and
8.14identification card from the commissioner as provided in this subdivision. The fee
for each
8.15permit, other than one issued to a state or federal agency, is $35 and must be submitted
8.16together with the appropriate application form provided by the commissioner. Identification
8.17cards and permits must be issued for a period coinciding with that of the appropriate
state
8.18or municipal license and are not transferable. In instances where there is no annual
license
8.19period, cards and permits expire one year after the date of issuance. The authority
to
8.20engage in the purchase, sale, or use granted by the card or permit may be revoked
by the
8.21commissioner upon evidence of a violation by the holder of such a card or permit of
any
8.22of the provisions of chapter 340A or any rule of the commissioner made pursuant to
law.
8.23 Subd. 6b. Brewer taproom license. (a) A municipality, including a city with a
8.24municipal liquor store, may issue the holder of a brewer's license under subdivision
6,
8.25clause (c), (i), or (j), a brewer taproom license. A brewer taproom license authorizes
on-sale
8.26of malt liquor produced by the brewer for consumption on the premises of or adjacent
8.27to one brewery location owned by the brewer. Nothing in this subdivision precludes
the
8.28holder of a brewer taproom license from also holding a license to operate a restaurant
at
8.29the brewery. Section
340A.409 shall apply to a license issued under this subdivision. All
8.30provisions of this chapter that apply to a retail liquor license shall apply to a
license issued
8.31under this subdivision unless the provision is explicitly inconsistent with this subdivision.
8.32(b) A brewer may only have one taproom license under this subdivision, and may
8.33not have an ownership interest in a brewery licensed under subdivision 6, clause (d).
8.34(c) A municipality may not issue a brewer taproom license to a brewer if the brewer
8.35seeking the license, or any person having an economic interest in the brewer seeking
the
8.36license or exercising control over the brewer seeking the license, is a brewer that
brews
9.1more than 250,000 barrels of malt liquor annually or a winery that produces more than
9.2250,000 gallons of wine annually.
9.3(d) The municipality shall impose a licensing fee on a brewer holding a brewer
9.4taproom license under this subdivision, subject to limitations applicable to license
fees
9.5under section
340A.408, subdivision 2, paragraph (a).
9.6(e) A municipality shall, within ten days of the issuance of a license under this
9.7subdivision, inform the commissioner of the licensee's name and address and trade
name,
9.8and the effective date and expiration date of the license. The municipality shall
also
9.9inform the commissioner of a license transfer, cancellation, suspension, or revocation
9.10during the license period.
9.11(f) Notwithstanding section
340A.504, subdivision 3, a taproom may be open and
9.12may conduct on-sale business on Sundays if authorized by the municipality.
9.13 Subd. 6c. Microdistilleries. The commissioner shall establish a fee for licensing
9.14microdistilleries that adequately covers the cost of issuing the license and other
inspection
9.15requirements. The fees shall be deposited in an account in the special revenue fund
and
9.16are appropriated to the commissioner for the purposes of this subdivision.
9.17 Subd. 6d. Small brewer license. (a) A brewer licensed under subdivision 6, clause
9.18(c), (i), or (j), may be issued a license by a municipality for off-sale of malt liquor
at its
9.19licensed premises that has been produced and packaged by the brewer. The license must
be
9.20approved by the commissioner. The amount of malt liquor sold at off-sale may not exceed
9.21500 barrels annually. Off-sale of malt liquor shall be limited to the legal hours
for off-sale at
9.22exclusive liquor stores in the jurisdiction in which the brewer is located, and the
malt liquor
9.23sold off-sale must be removed from the premises before the applicable off-sale closing
9.24time at exclusive liquor stores. The malt liquor shall be packed in 64-ounce containers
9.25commonly known as "growlers" or in 750 milliliter bottles. The containers or bottles
shall
9.26bear a twist-type closure, cork, stopper, or plug. At the time of the sale, a paper
or plastic
9.27adhesive band, strip, or sleeve shall be applied to the container or bottle and extended
over
9.28the top of the twist-type closure, cork, stopper, or plug forming a seal that must
be broken
9.29upon opening of the container or bottle. The adhesive band, strip, or sleeve shall
bear the
9.30name and address of the brewer. The containers or bottles shall be identified as malt
9.31liquor, contain the name of the malt liquor, bear the name and address of the brewer
selling
9.32the malt liquor, and shall be considered intoxicating liquor unless the alcoholic
content is
9.33labeled as otherwise in accordance with the provisions of Minnesota Rules, part 7515.1100.
9.34(b) A brewer may, but is not required to, refill any growler with malt liquor for
9.35off-sale at the request of a customer. A brewer refilling a growler must do so at
its licensed
10.1premises and the growler must be filled at the tap at the time of sale. A growler
refilled
10.2under this paragraph must be sealed and labeled in the manner described in paragraph
(a).
10.3(c) A brewer may only have one license under this subdivision.
10.4(d) A municipality may not issue a license under this subdivision to a brewer if the
10.5brewer seeking the license, or any person having an economic interest in the brewer
10.6seeking the license or exercising control over the brewer seeking the license, is
a brewer
10.7that brews more than 20,000 barrels of its own brands of malt liquor annually or a
winery
10.8that produces more than 250,000 gallons of wine annually.
10.9(e) The municipality shall impose a licensing fee on a brewer holding a license
10.10under this subdivision, subject to limitations applicable to license fees under section
10.11340A.408, subdivision 3, paragraph (a).
10.12 Subd. 7.
Interest in other business. (a) Except as provided in this subdivision,
10.13a holder of a license as a manufacturer, brewer, importer, or wholesaler may not have
10.14any ownership, in whole or in part, in a business holding a retail intoxicating liquor
or
10.153.2 percent malt liquor license. The commissioner may not issue a license under this
10.16section to a manufacturer, brewer, importer, or wholesaler if a retailer of intoxicating
10.17liquor has a direct or indirect interest in the manufacturer, brewer, importer, or
wholesaler.
10.18A manufacturer or wholesaler of intoxicating liquor may use or have property rented
10.19for retail intoxicating liquor sales only if the manufacturer or wholesaler has owned
the
10.20property continuously since November 1, 1933. A retailer of intoxicating liquor may
not
10.21use or have property rented for the manufacture or wholesaling of intoxicating liquor.
10.22 (b) A brewer licensed under subdivision 6, clause (d), may be issued an on-sale
10.23intoxicating liquor or 3.2 percent malt liquor license by a municipality for a restaurant
10.24operated in the place of manufacture. Notwithstanding section
340A.405, a brewer who
10.25holds an on-sale license issued pursuant to this paragraph may, with the approval
of the
10.26commissioner, be issued a license by a municipality for off-sale of malt liquor produced
10.27and packaged on the licensed premises. Off-sale of malt liquor shall be limited to
the
10.28legal hours for off-sale at exclusive liquor stores in the jurisdiction in which the
brewer
10.29is located, and the malt liquor sold off-sale must be removed from the premises before
10.30the applicable off-sale closing time at exclusive liquor stores. The malt liquor shall
be
10.31packaged in 64-ounce containers commonly known as "growlers" or in 750 milliliter
10.32bottles. The containers or bottles shall bear a twist-type closure, cork, stopper,
or plug. At
10.33the time of the sale, a paper or plastic adhesive band, strip, or sleeve shall be
applied to the
10.34container or bottle and extend over the top of the twist-type closure, cork, stopper,
or plug
10.35forming a seal that must be broken upon opening of the container or bottle. The adhesive
10.36band, strip, or sleeve shall bear the name and address of the brewer. The containers
or
11.1bottles shall be identified as malt liquor, contain the name of the malt liquor, bear
the name
11.2and address of the brewer selling the malt liquor, and shall be considered intoxicating
11.3liquor unless the alcoholic content is labeled as otherwise in accordance with the
11.4provisions of Minnesota Rules, part 7515.1100. A brewer may, but is not required to,
refill
11.5any growler with malt liquor for off-sale at the request of a customer. A brewer refilling
a
11.6growler must do so at its licensed premises and the growler must be filled at the
tap at the
11.7time of sale. A growler refilled under this paragraph must be sealed and labeled in
the
11.8manner described in this paragraph. A brewer's total retail sales at on- or off-sale
under
11.9this paragraph may not exceed 3,500 barrels per year, provided that off-sales may
not total
11.10more than 500 barrels. A brewer licensed under subdivision 6, clause (d), may hold
or have
11.11an interest in other retail on-sale licenses, but may not have an ownership interest
in whole
11.12or in part, or be an officer, director, agent, or employee of, any other manufacturer,
brewer,
11.13importer, or wholesaler, or be an affiliate thereof whether the affiliation is corporate
or by
11.14management, direction, or control. Notwithstanding this prohibition, a brewer licensed
11.15under subdivision 6, clause (d), may be an affiliate or subsidiary company of a brewer
11.16licensed in Minnesota or elsewhere if that brewer's only manufacture of malt liquor
is:
11.17 (i) manufacture licensed under subdivision 6, clause (d);
11.18 (ii) manufacture in another state for consumption exclusively in a restaurant located
11.19in the place of manufacture; or
11.20 (iii) manufacture in another state for consumption primarily in a restaurant located
11.21in or immediately adjacent to the place of manufacture if the brewer was licensed
under
11.22subdivision 6, clause (d), on January 1, 1995.
11.23 (c) (b) Except as provided in subdivision 7a, no brewer as defined in subdivision 7a
11.24or importer may have any interest, in whole or in part, directly or indirectly, in
the license,
11.25business, assets, or corporate stock of a licensed malt liquor wholesaler.
11.26 Subd. 7a.
Permitted interests in wholesale business. (a) A brewer may financially
11.27assist a wholesaler of malt liquor through participation in a limited partnership
in which
11.28the brewer is the limited partner and the wholesaler is the general partner. A limited
11.29partnership authorized in this paragraph may not exist for more than ten years from
the
11.30date of its creation, and may not, directly or indirectly, be recreated, renewed,
or extended
11.31beyond that date.
11.32(b) A brewer may financially assist a malt liquor wholesaler and collateralize the
11.33financing by taking a security interest in the inventory and assets, other than the
corporate
11.34stock, of the wholesaler. A financial agreement authorized by this paragraph may not
be
11.35in effect for more than ten years from the date of its creation and may not be directly
or
11.36indirectly extended or renewed.
12.1(c) A brewer who, after creation of a financial agreement authorized by paragraph
12.2(b), or after creation of a limited partnership authorized in paragraph (a), acquires
legal
12.3or equitable title to the wholesaler's business which was the subject of the agreement
or
12.4limited partnership, or to the business assets, must divest the business or its assets
within
12.5two years of the date of acquiring them. A malt liquor wholesaler whose business or
12.6assets are acquired by a brewer as described in this paragraph may not enter into
another
12.7such financial agreement, or participate in another such limited partnership, for
20 years
12.8from the date of the acquisition of the business or assets.
12.9(d) A brewer may have an interest in the business, assets, or corporate stock of a
12.10malt liquor wholesaler as a result of (1) a judgment against the wholesaler arising
out of a
12.11default by the wholesaler or (2) acquisition of title to the business, assets, or
corporate
12.12stock as a result of a written request of the wholesaler. A brewer may maintain ownership
12.13of or an interest in the business, assets, or corporate stock under this paragraph
for not
12.14more than two years and only for the purpose of facilitating an orderly transfer of
the
12.15business to an owner not affiliated with the brewer.
12.16(e) A brewer may continue to maintain an ownership interest in a malt liquor
12.17wholesaler if it owned the interest on January 1, 1991.
12.18(f) A brewer that was legally selling the brewer's own products at wholesale in
12.19Minnesota on January 1, 1991, may continue to sell those products at wholesale in
the
12.20area where it was selling those products on that date.
12.21(g) A brewer that manufactures no more than 20,000 barrels of malt liquor or its
12.22metric equivalent in a calendar year may own or have an interest in a malt liquor
wholesaler
12.23that sells only the brewer's products, provided that a brewer that manufactures between
12.2420,000 and 25,000 barrels in any calendar year shall be permitted to continue to own
or
12.25have an interest in a malt liquor wholesaler that sells only the brewer's products
if: (1) that
12.26malt liquor wholesaler distributes no more than 20,000 barrels per calendar year;
and (2)
12.27the brewer has not manufactured 25,000 barrels in any calendar year. Notwithstanding
the
12.28foregoing, a brewer that manufactured between 20,000 and 25,000 barrels in 2012 shall
be
12.29permitted to continue to own or have an interest in a malt liquor wholesaler that
sells only
12.30the brewer's products until that brewer manufactures 25,000 barrels in a calendar
year.
12.31(h) When the commissioner issues a license to a malt liquor wholesaler described in
12.32paragraph (a) or (b), the commissioner may issue the license only to the entity which
is
12.33actually operating the wholesale business and may not issue the license to a brewer
that is
12.34a limited partner under paragraph (a) or providing financial assistance under paragraph
(b)
12.35unless the brewer has acquired a wholesaler's business or assets under paragraph (c)
or (d).
13.1(i) For purposes of this subdivision and subdivision 7,
clause (c) paragraph (b),
13.2"brewer" means:
13.3(1) a holder of a license to manufacture malt liquor;
13.4(2) an officer, director, agent, or employee of such a license holder; and
13.5(3) an affiliate of such a license holder, regardless of whether the affiliation is
13.6corporate or by management, direction, or control.
13.7 Subd. 8.
Sales without license. A licensed brewer
or brew pub may without an
13.8additional license sell malt liquor to employees or retired former employees, in amounts
13.9of not more than 768 fluid ounces in a week for off-premise consumption only. A collector
13.10of commemorative bottles, those terms are as defined in section
297G.01, subdivisions 4
13.11and 5, may sell them to another collector without a license. It is also lawful for
a collector
13.12of beer cans to sell unopened cans of a brand which has not been sold commercially
for at
13.13least two years to another collector without obtaining a license. The amount sold
to any
13.14one collector in any one month shall not exceed 768 fluid ounces. A licensed manufacturer
13.15of wine containing not more than 25 percent alcohol by volume nor less than 51 percent
13.16wine made from Minnesota-grown agricultural products may sell at on-sale or off-sale
13.17wine made on the licensed premises without a further license.
13.18 Subd. 9.
Unlicensed manufacture. (a) Nothing in this chapter requires a license for
13.19the natural fermentation of fruit juices or brewing of beer in the home for family
use.
13.20(b) Naturally fermented fruit juices or beer made under this subdivision may be
13.21removed from the premises where made for use at organized affairs, exhibitions, or
13.22competitions, including, but not limited to, homemaker's contests, tastings, or judging.
13.23(c) For purposes of this subdivision, "tastings" means an event where the general
13.24public may sample unlicensed naturally fermented fruit juices or beer.
13.25(d) Beverages produced pursuant to this subdivision may be sampled or used in
13.26tastings provided that the beverage is made and transported in containers and equipment
13.27that shall not allow the migration of toxic substances.
13.28(e) Public notice meeting the requirements of this paragraph must be given in writing
13.29or signage at any tasting. The notice shall include disclosure that the unlicensed
naturally
13.30fermented fruit juices or beer being offered is homemade and not subject to state
inspection,
13.31and may be consumed by persons over the age of 21 at their own risk. The notice must
13.32include the name and address of the person who processed and bottled the beverage.
13.33(f) Naturally fermented fruit juices or beer removed under this subdivision may not
13.34be sold or offered for sale.
13.35 Sec. 8.
REVISOR'S INSTRUCTION.
14.1(a) The revisor of statutes shall renumber the provisions of Minnesota Statutes listed
14.2in column A to the references listed in column B.
14.3
|
Column A
|
Column B
|
14.4
|
340A.301, subdivision 6a
|
340A.301, subdivision 7
|
14.5
|
340A.301, subdivision 7
|
340A.301, subdivision 8
|
14.6
|
340A.301, subdivision 7a
|
340A.301, subdivision 9
|
14.7
|
340A.301, subdivision 8
|
340A.301, subdivision 10
|
14.8
|
340A.301, subdivision 9
|
340A.301, subdivision 11
|
14.9(b) The revisor of statutes shall make all necessary cross-reference changes in
14.10Minnesota Statutes and Minnesota Rules consistent with the amendments and renumbering
14.11in this act.
14.12(c) The revisor of statutes shall merge any amendments made in article 2 into the
14.13recodification made in this article.
14.14 Sec. 9.
EFFECTIVE DATE.
14.15This article is effective the day following final enactment.
14.17MISCELLANEOUS ALCOHOL PROVISIONS
14.18 Section 1. Minnesota Statutes 2014, section 340A.22, is amended by adding a
14.19subdivision to read:
14.20 Subd. 3. Off-sale license. A microdistillery may be issued a license by the local
14.21licensing authority for off-sale of distilled spirits. The license may allow the sale
of one
14.22375 milliliter bottle per customer per day of product manufactured on-site, subject
to the
14.23following requirements:
14.24(1) off-sale hours of sale must conform to hours of sale for retail off-sale licensees
in
14.25the licensing municipality; and
14.26(2) no brand may be sold at the microdistillery unless it is also available for
14.27distribution by wholesalers.
14.28EFFECTIVE DATE.This section is effective the day following final enactment.
14.29 Sec. 2. Minnesota Statutes 2014, section 340A.301, subdivision 6d, is amended to read:
14.30 Subd. 6d.
Small brewer license. (a) A brewer licensed under subdivision 6, clause
14.31(c), (i), or (j), may be issued a license by a municipality for off-sale of malt liquor
at its
14.32licensed premises that has been produced and packaged by the brewer. The license must
be
14.33approved by the commissioner. The amount of malt liquor sold at off-sale may not exceed
15.1500 barrels annually. Off-sale of malt liquor shall be limited to the legal hours
for off-sale at
15.2exclusive liquor stores in the jurisdiction in which the brewer is located, and the
malt liquor
15.3sold off-sale must be removed from the premises before the applicable off-sale closing
time
15.4at exclusive liquor stores
, except that malt liquor in growlers only may be sold at off-sale
15.5on Sundays. Sunday sales must be approved by the licensing jurisdiction and hours
may be
15.6established by those jurisdictions. The malt liquor shall be packed in 64-ounce containers
15.7commonly known as "growlers" or in 750 milliliter bottles. The containers or bottles
shall
15.8bear a twist-type closure, cork, stopper, or plug. At the time of the sale, a paper
or plastic
15.9adhesive band, strip, or sleeve shall be applied to the container or bottle and extended
over
15.10the top of the twist-type closure, cork, stopper, or plug forming a seal that must
be broken
15.11upon opening of the container or bottle. The adhesive band, strip, or sleeve shall
bear the
15.12name and address of the brewer. The containers or bottles shall be identified as malt
15.13liquor, contain the name of the malt liquor, bear the name and address of the brewer
selling
15.14the malt liquor, and shall be considered intoxicating liquor unless the alcoholic
content is
15.15labeled as otherwise in accordance with the provisions of Minnesota Rules, part 7515.1100.
15.16(b) A brewer may, but is not required to, refill any growler with malt liquor for
15.17off-sale at the request of a customer. A brewer refilling a growler must do so at
its licensed
15.18premises and the growler must be filled at the tap at the time of sale. A growler
refilled
15.19under this paragraph must be sealed and labeled in the manner described in paragraph
(a).
15.20(c) A brewer may only have one license under this subdivision.
15.21(d) A municipality may not issue a license under this subdivision to a brewer if the
15.22brewer seeking the license, or any person having an economic interest in the brewer
15.23seeking the license or exercising control over the brewer seeking the license, is
a brewer
15.24that brews more than 20,000 barrels of its own brands of malt liquor annually or a
winery
15.25that produces more than 250,000 gallons of wine annually.
15.26(e) The municipality shall impose a licensing fee on a brewer holding a license
15.27under this subdivision, subject to limitations applicable to license fees under section
15.28340A.408, subdivision 3
, paragraph (a).
15.29EFFECTIVE DATE.This section is effective the day following final enactment.
15.30 Sec. 3. Minnesota Statutes 2014, section 340A.301, subdivision 7, is amended to read:
15.31 Subd. 7.
Interest in other business. (a) Except as provided in this subdivision,
15.32a holder of a license as a manufacturer, brewer, importer, or wholesaler may not have
15.33any ownership, in whole or in part, in a business holding a retail intoxicating liquor
or
15.343.2 percent malt liquor license. The commissioner may not issue a license under this
15.35section to a manufacturer, brewer, importer, or wholesaler if a retailer of intoxicating
16.1liquor has a direct or indirect interest in the manufacturer, brewer, importer, or
wholesaler.
16.2A manufacturer or wholesaler of intoxicating liquor may use or have property rented
16.3for retail intoxicating liquor sales only if the manufacturer or wholesaler has owned
the
16.4property continuously since November 1, 1933. A retailer of intoxicating liquor may
not
16.5use or have property rented for the manufacture or wholesaling of intoxicating liquor.
16.6 (b) A brewer licensed under subdivision 6, clause (d), may be issued an on-sale
16.7intoxicating liquor or 3.2 percent malt liquor license by a municipality for a restaurant
16.8operated in the place of manufacture. Notwithstanding section
340A.405, a brewer who
16.9holds an on-sale license issued pursuant to this paragraph may, with the approval
of the
16.10commissioner, be issued a license by a municipality for off-sale of malt liquor produced
16.11and packaged on the licensed premises. Off-sale of malt liquor shall be limited to
the
16.12legal hours for off-sale at exclusive liquor stores in the jurisdiction in which the
brewer
16.13is located, and the malt liquor sold off-sale must be removed from the premises before
16.14the applicable off-sale closing time at exclusive liquor stores
, except that malt liquor in
16.15growlers only may be sold at off-sale on Sundays. Sunday sales must be approved by
16.16the licensing jurisdiction and hours may be established by those jurisdictions. The malt
16.17liquor shall be packaged in 64-ounce containers commonly known as "growlers" or in
750
16.18milliliter bottles. The containers or bottles shall bear a twist-type closure, cork,
stopper, or
16.19plug. At the time of the sale, a paper or plastic adhesive band, strip, or sleeve
shall be
16.20applied to the container or bottle and extend over the top of the twist-type closure,
cork,
16.21stopper, or plug forming a seal that must be broken upon opening of the container
or bottle.
16.22The adhesive band, strip, or sleeve shall bear the name and address of the brewer.
The
16.23containers or bottles shall be identified as malt liquor, contain the name of the
malt liquor,
16.24bear the name and address of the brewer selling the malt liquor, and shall be considered
16.25intoxicating liquor unless the alcoholic content is labeled as otherwise in accordance
with
16.26the provisions of Minnesota Rules, part 7515.1100. A brewer may, but is not required
16.27to, refill any growler with malt liquor for off-sale at the request of a customer.
A brewer
16.28refilling a growler must do so at its licensed premises and the growler must be filled
at the
16.29tap at the time of sale. A growler refilled under this paragraph must be sealed and
labeled in
16.30the manner described in this paragraph. A brewer's total retail sales at on- or off-sale
under
16.31this paragraph may not exceed 3,500 barrels per year, provided that off-sales may
not total
16.32more than 500 barrels. A brewer licensed under subdivision 6, clause (d), may hold
or have
16.33an interest in other retail on-sale licenses, but may not have an ownership interest
in whole
16.34or in part, or be an officer, director, agent, or employee of, any other manufacturer,
brewer,
16.35importer, or wholesaler, or be an affiliate thereof whether the affiliation is corporate
or by
16.36management, direction, or control. Notwithstanding this prohibition, a brewer licensed
17.1under subdivision 6, clause (d), may be an affiliate or subsidiary company of a brewer
17.2licensed in Minnesota or elsewhere if that brewer's only manufacture of malt liquor
is:
17.3 (i) manufacture licensed under subdivision 6, clause (d);
17.4 (ii) manufacture in another state for consumption exclusively in a restaurant located
17.5in the place of manufacture; or
17.6 (iii) manufacture in another state for consumption primarily in a restaurant located
17.7in or immediately adjacent to the place of manufacture if the brewer was licensed
under
17.8subdivision 6, clause (d), on January 1, 1995.
17.9 (c) Except as provided in subdivision 7a, no brewer as defined in subdivision 7a or
17.10importer may have any interest, in whole or in part, directly or indirectly, in the
license,
17.11business, assets, or corporate stock of a licensed malt liquor wholesaler.
17.12EFFECTIVE DATE.This section is effective the day following final enactment.
17.13 Sec. 4. Minnesota Statutes 2014, section 340A.404, subdivision 2, is amended to read:
17.14 Subd. 2.
Special provision; city of Minneapolis. (a) The city of Minneapolis may
17.15issue an on-sale intoxicating liquor license to the Guthrie Theater, the Cricket Theatre,
the
17.16Orpheum Theatre, the State Theatre, and the Historic Pantages Theatre, notwithstanding
17.17the limitations of law, or local ordinance, or charter provision relating to zoning
or school
17.18or church distances. The licenses authorize sales on all days of the week to holders
17.19of tickets for performances presented by the theaters and to members of the nonprofit
17.20corporations holding the licenses and to their guests.
17.21(b) The city of Minneapolis may issue an intoxicating liquor license to 510
17.22Groveland Associates, a Minnesota cooperative, for use by a restaurant on the premises
17.23owned by 510 Groveland Associates, notwithstanding limitations of law, or local
17.24ordinance, or charter provision.
17.25(c) The city of Minneapolis may issue an on-sale intoxicating liquor license to
17.26Zuhrah Shrine Temple for use on the premises owned by Zuhrah Shrine Temple at
17.272540 Park Avenue South in Minneapolis, notwithstanding limitations of law, or local
17.28ordinances, or charter provision relating to zoning or school or church distances.
17.29(d) The city of Minneapolis may issue an on-sale intoxicating liquor license to
17.30the American Association of University Women, Minneapolis branch, for use on the
17.31premises owned by the American Association of University Women, Minneapolis branch,
17.32at 2115 Stevens Avenue South in Minneapolis, notwithstanding limitations of law, or
local
17.33ordinances, or charter provisions relating to zoning or school or church distances.
17.34(e) The city of Minneapolis may issue an on-sale wine license and an on-sale 3.2
17.35percent malt liquor license to a restaurant located at 5000 Penn Avenue South, and
an
18.1on-sale wine license and an on-sale malt liquor license to a restaurant located at
1931
18.2Nicollet Avenue South, notwithstanding any law or local ordinance or charter provision.
18.3(f) The city of Minneapolis may issue an on-sale wine license and an on-sale malt
18.4liquor license to the Brave New Workshop Theatre located at 3001 Hennepin Avenue
18.5South, the Theatre de la Jeune Lune, the Illusion Theatre located at 528 Hennepin
Avenue
18.6South, the Hollywood Theatre located at 2815 Johnson Street Northeast, the Loring
18.7Playhouse located at 1633 Hennepin Avenue South, the Jungle Theater located at 2951
18.8Lyndale Avenue South, Brave New Institute located at 2605 Hennepin Avenue South,
18.9the Guthrie Lab located at 700 North First Street, and the Southern Theatre located
at
18.101420 Washington Avenue South, notwithstanding any law or local ordinance or charter
18.11provision. The license authorizes sales on all days of the week.
18.12(g) The city of Minneapolis may issue an on-sale intoxicating liquor license to
18.13University Gateway Corporation, a Minnesota nonprofit corporation, for use by a restaurant
18.14or catering operator at the building owned and operated by the University Gateway
18.15Corporation on the University of Minnesota campus, notwithstanding limitations of
law, or
18.16local ordinance or charter provision. The license authorizes sales on all days of
the week.
18.17(h) The city of Minneapolis may issue an on-sale intoxicating liquor license to the
18.18Walker Art Center's concessionaire or operator, for a restaurant and catering operator
18.19on the premises of the Walker Art Center, notwithstanding limitations of law, or local
18.20ordinance or charter provisions. The license authorizes sales on all days of the week.
18.21(i) The city of Minneapolis may issue an on-sale intoxicating liquor license to the
18.22Guthrie Theater's concessionaire or operator for a restaurant and catering operator
on the
18.23premises of the Guthrie Theater, notwithstanding limitations of law, local ordinance,
or
18.24charter provisions. The license authorizes sales on all days of the week.
18.25(j) The city of Minneapolis may issue an on-sale wine license and an on-sale malt
18.26liquor license to the Minnesota Book and Literary Arts Building, Inc.'s concessionaire
or
18.27operator for a restaurant and catering operator on the premises of the Minnesota Book
and
18.28Literary Arts Building, Inc. (dba Open Book), notwithstanding limitations of law,
or local
18.29ordinance or charter provision. The license authorizes sales on all days of the week.
18.30(k) The city of Minneapolis may issue an on-sale intoxicating liquor license to a
18.31restaurant located at 5411 Penn Avenue South, notwithstanding any law or local ordinance
18.32or charter provision.
18.33(l) The city of Minneapolis may issue an on-sale intoxicating liquor license to the
18.34Museum of Russian Art's concessionaire or operator for a restaurant and catering operator
18.35on the premises of the Museum of Russian Art located at 5500 Stevens Avenue South,
18.36notwithstanding any law or local ordinance or charter provision.
19.1(m) The city of Minneapolis may issue an on-sale intoxicating liquor license to the
19.2American Swedish Institute or to its concessionaire or operator for use on the premises
19.3owned by the American Swedish Institute at 2600 Park Avenue South, notwithstanding
19.4limitations of law, or local ordinances, or charter provision relating to zoning or
school
19.5or church distances.
19.6(n) Notwithstanding any other law, local ordinance, or charter provision, the
19.7city of Minneapolis may issue one or more on-sale intoxicating liquor licenses to
the
19.8Minneapolis Society of Fine Arts (dba Minneapolis Institute of Arts), or to an entity
19.9holding a concessions or catering contract with the Minneapolis Institute of Arts
for use
19.10on the premises of the Minneapolis Institute of Arts. The licenses authorized by this
19.11subdivision may be issued for space that is not compact and contiguous, provided that
all
19.12such space is included in the description of the licensed premises on the approved
license
19.13application. The licenses authorize sales on all days of the week.
19.14(o) The city of Minneapolis may issue an on-sale intoxicating liquor license to
19.15Norway House or to its concessionaire or operator for use on the premises owned by
19.16Norway House at 913 East Franklin Avenue, notwithstanding limitations of law, or local
19.17ordinances, or charter provision relating to zoning or school or church distances.
19.18EFFECTIVE DATE.This section is effective upon approval by the Minneapolis
19.19City Council and compliance with Minnesota Statutes, section 645.021.
19.20 Sec. 5. Minnesota Statutes 2014, section 340A.404, subdivision 10, is amended to read:
19.21 Subd. 10.
Temporary on-sale licenses. (a) The governing body of a municipality
19.22may issue to (1) a club or charitable, religious, or other nonprofit organization
in existence
19.23for at least three years, (2) a political committee registered under section
10A.14, or (3) a
19.24state university, a temporary license for the on-sale of intoxicating liquor in connection
19.25with a social event within the municipality sponsored by the licensee. The license
may
19.26authorize the on-sale of intoxicating liquor for not more than four consecutive days,
and
19.27may authorize on-sales on premises other than premises the licensee owns or permanently
19.28occupies. The license may provide that the licensee may contract for intoxicating
liquor
19.29catering services with the holder of a full-year on-sale intoxicating liquor license
issued by
19.30any municipality. The licenses are subject to the terms, including a license fee,
imposed
19.31by the issuing municipality. Licenses issued under this subdivision are subject to
all
19.32laws and ordinances governing the sale of intoxicating liquor except sections
340A.409
19.33and
340A.504, subdivision 3, paragraph (d), and those laws and ordinances which by
19.34their nature are not applicable. Licenses under this subdivision are not valid unless
first
19.35approved by the commissioner of public safety.
20.1(b) A county under this section may issue a temporary license only to a premises
20.2located in the unincorporated or unorganized territory of the county.
20.3(c) The governing body of a municipality may issue to a brewer who manufactures
20.4fewer than 3,500 barrels of malt liquor in a year
or a microdistillery a temporary
20.5license for the on-sale of intoxicating liquor in connection with a social event within
20.6the municipality sponsored by the brewer
or microdistillery. The terms and conditions
20.7specified for temporary licenses under paragraph (a) shall apply to a license issued
under
20.8this paragraph, except that the requirements of section
340A.409, subdivisions 1 to 3a,
20.9shall apply to the license.
20.10 Sec. 6. Minnesota Statutes 2014, section 340A.503, subdivision 6, is amended to read:
20.11 Subd. 6.
Proof of age; defense; seizure of false identification. (a) Proof of age
20.12for purchasing or consuming alcoholic beverages may be established only by one of
20.13the following:
20.14(1) a valid driver's license or identification card issued by Minnesota, another state,
or
20.15a province of Canada, and including the photograph and date of birth of the licensed
person;
20.16(2) a valid military identification card issued by the United States Department of
20.17Defense;
20.18(3) a valid passport issued by the United States;
20.19(4) a valid instructional permit issued under section 171.05 to a person of legal
20.20age to purchase alcohol which includes a photograph and the date of birth of the person
20.21issued the permit; or
20.22(4) (5) in the case of a foreign national, by a valid passport.
20.23(b) In a prosecution under subdivision 2, clause (1), it is a defense for the defendant
20.24to prove by a preponderance of the evidence that the defendant reasonably and in good
20.25faith relied upon representations of proof of age authorized in paragraph (a) in selling,
20.26bartering, furnishing, or giving the alcoholic beverage.
20.27(c) A licensed retailer or municipal liquor store may seize a form of identification
20.28listed under paragraph (a) if the retailer or municipal liquor store has reasonable
grounds
20.29to believe that the form of identification has been altered or falsified or is being
used to
20.30violate any law. A retailer or municipal liquor store that seizes a form of identification
as
20.31authorized under this paragraph must deliver it to a law enforcement agency, within
24
20.32hours of seizing it.
20.33EFFECTIVE DATE.This section is effective July 1, 2015.
20.34 Sec. 7. Minnesota Statutes 2014, section 340A.504, subdivision 3, is amended to read:
21.1 Subd. 3.
Intoxicating liquor; Sunday sales; on-sale. (a) A restaurant, club,
21.2bowling center, or hotel with a seating capacity for at least 30 persons and which
holds
21.3an on-sale intoxicating liquor license may sell intoxicating liquor for consumption
on
21.4the premises in conjunction with the sale of food between the hours of
10:00 8:00 a.m.
21.5on Sundays and 2:00 a.m. on Mondays.
21.6(b) An establishment serving intoxicating liquor on Sundays must obtain a Sunday
21.7license. The license must be issued by the governing body of the municipality for
a period
21.8of one year, and the fee for the license may not exceed $200.
21.9(c) A city may issue a Sunday intoxicating liquor license only if authorized to do
21.10so by the voters of the city voting on the question at a general or special election.
A
21.11county may issue a Sunday intoxicating liquor license in a town only if authorized
to do
21.12so by the voters of the town as provided in paragraph (d). A county may issue a Sunday
21.13intoxicating liquor license in unorganized territory only if authorized to do so by
the
21.14voters of the election precinct that contains the licensed premises, voting on the
question
21.15at a general or special election.
21.16(d) An election conducted in a town on the question of the issuance by the county
of
21.17Sunday sales licenses to establishments located in the town must be held on the day
of the
21.18annual election of town officers.
21.19(e) Voter approval is not required for licenses issued by the Metropolitan Airports
21.20Commission or common carrier licenses issued by the commissioner. Common carriers
21.21serving intoxicating liquor on Sunday must obtain a Sunday license from the commissioner
21.22at an annual fee of $75, plus $30 for each duplicate.
21.23EFFECTIVE DATE.This section is effective the day following final enactment.
21.24 Sec. 8.
SPECIAL LICENSE; BECKER.
21.25Notwithstanding any law or ordinance to the contrary, the city of Becker may issue
21.26an on-sale intoxicating liquor license for a golf course that is located at 14000
Clubhouse
21.27Lane and is owned by the city. The provisions of Minnesota Statutes, chapter 340A,
not
21.28inconsistent with this section, apply to the license issued under this section. The
city
21.29of Becker is deemed the licensee under this section, and the provisions of Minnesota
21.30Statutes, sections
340A.603 and
340A.604, apply to the license as if the establishment
21.31were a municipal liquor store.
21.32EFFECTIVE DATE.This section is effective upon approval by the Becker City
21.33Council and compliance with Minnesota Statutes, section 645.021.
22.1 Sec. 9.
SPECIAL LICENSE; DULUTH.
22.2Notwithstanding any law or ordinance to the contrary, the city of Duluth may issue
22.3an on-sale intoxicating liquor license for the Lester Park Golf Course that is located
at
22.41860 Lester River Road and is owned by the city. The provisions of Minnesota Statutes,
22.5chapter 340A, not inconsistent with this section, apply to the license issued under
this
22.6section. The city of Duluth is deemed the licensee under this section, and the provisions
22.7of Minnesota Statutes, sections
340A.603 and
340A.604, apply to the license as if the
22.8establishment were a municipal liquor store.
22.9EFFECTIVE DATE.This section is effective upon approval by the Duluth City
22.10Council and compliance with Minnesota Statutes, section 645.021.
22.11 Sec. 10.
SPECIAL LICENSE; INVER GROVE HEIGHTS.
22.12Notwithstanding any law or ordinance to the contrary, the city of Inver Grove
22.13Heights may issue an on-sale intoxicating liquor license for the Inver Wood Golf Course
22.14that is located at 1850 70th Street and is owned by the city. The provisions of Minnesota
22.15Statutes, chapter 340A, not inconsistent with this section, apply to the license issued
under
22.16this section. The city of Inver Grove Heights is deemed the licensee under this section,
22.17and the provisions of Minnesota Statutes, sections
340A.603 and
340A.604, apply to the
22.18license as if the establishment were a municipal liquor store.
22.19EFFECTIVE DATE.This section is effective upon approval by the Inver Grove
22.20Heights City Council and compliance with Minnesota Statutes, section 645.021.
22.21 Sec. 11.
SPECIAL LICENSE; ST. CLOUD.
22.22Notwithstanding any law or ordinance to the contrary, the city of St. Cloud may
22.23issue an on-sale intoxicating liquor license for the Municipal Athletic Complex that
is
22.24located at 5001 Veterans Drive and is owned by the city. The provisions of Minnesota
22.25Statutes, chapter 340A, not inconsistent with this section, apply to the license issued
under
22.26this section. The city of St. Cloud is deemed the licensee under this section, and
the
22.27provisions of Minnesota Statutes, sections 340A.603 and 340A.604, apply to the license
22.28as if the establishment were a municipal liquor store.
22.29EFFECTIVE DATE.This section is effective upon approval by the St. Cloud City
22.30Council and compliance with Minnesota Statutes, section 645.021.
22.31 Sec. 12.
SPECIAL LICENSE; BROOKLYN PARK.
23.1Notwithstanding any law or ordinance to the contrary, the city of Brooklyn Park
23.2may issue an on-sale intoxicating liquor license to a wedding event center that is
located
23.3at 7324 Lakeland Avenue. The provisions of Minnesota Statutes, chapter 340A, not
23.4inconsistent with this section, apply to the license issued under this section.
23.5EFFECTIVE DATE.This section is effective upon approval by the Brooklyn Park
23.6City Council and compliance with Minnesota Statutes, section 645.021.
23.7 Sec. 13.
POWDERED ALCOHOL POLICY STUDY.
23.8(a) No person shall manufacture, import, distribute, or sell powdered alcohol until
23.9June 1, 2016.
23.10(b) The director of the Division of Alcohol and Gambling Enforcement must prepare
23.11testimony for the commerce and regulatory reform committee, and any other relevant
23.12committee, about whether current laws could be adequately enforced with regard to
the
23.13manufacture, importation, distribution, and sale of powdered alcohol. The director
may
23.14make recommendations for legislation addressing any stated concerns. The testimony
23.15required under this paragraph is due by December 7, 2015.
23.16(c) The commissioner of health must prepare testimony for the Health and Human
23.17Services Reform Committee, and any other relevant committee, about the public health
23.18impact of powdered alcohol. The commissioner must address whether there is a potential
23.19for greater abuse of and addiction to powdered alcohol relative to malt liquor, wine,
and
23.20distilled spirits. The commissioner may make recommendations for legislation addressing
23.21any stated concerns. The testimony required under this paragraph is due by December
23.227, 2015.
23.23EFFECTIVE DATE.This section is effective the day following final enactment.
23.24 Sec. 14.
STATE FAIR; BREW PUB SALES.
23.25Notwithstanding Minnesota Statutes, section 340A.301, subdivision 6, paragraph
23.26(d), brew pubs may sell malt liquor to a single retail licensee of the State Agricultural
23.27Society for sales at a single location operated by the Minnesota Craft Brewers Guild
23.28during the annual fair, under Minnesota Statutes, section 37.21, subdivision 2, paragraph
23.29(b). Sales of malt liquor under this section may be made directly by the brew pub
to the
23.30retail licensee or to a licensed wholesaler for distribution exclusively to the retail
licensee.