SF 1444

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to alcoholic beverages; providing minimum
administrative penalties for sales to underage
persons; proposing coding for new law in Minnesota
Statutes, chapter 340A.

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

Section 1.

new text begin [340A.5035] MANDATORY PENALTIES AND COMPLIANCE
CHECKS; SALE TO PERSONS UNDER AGE 21.
new text end

new text begin (a) The authority issuing a retail license must impose the
following civil penalties:
new text end

new text begin (1) for a first violation of section 340A.503 within a
two-year period at the same location, $500;
new text end

new text begin (2) for a second violation of section 340A.503 within a
two-year period at the same location, $750;
new text end

new text begin (3) for a third violation of section 340A.503 within a
two-year period at the same location, $750 plus a three-day
suspension of the violator's retail license; and
new text end

new text begin (4) for a fourth violation of section 340A.503 within a
two-year period at the same location, the authority must revoke
the violator's retail license.
new text end

new text begin (b) The commissioner may impose the penalties under
paragraph (a) if the commissioner determines that the licensing
authority has, after a reasonable period of time, failed to
impose the penalties when required to do so under that paragraph.
new text end

new text begin (c) No suspension or penalty may take effect until the
licensee has been given an opportunity for a hearing as provided
in section 340A.415.
new text end

new text begin (d) After a violation of section 340A.503 is found, the
authority must perform a compliance check on the violating
retail license holder within 90 days of the violation.
new text end

new text begin (e) An authority issuing a retail license under this
chapter must complete at least two compliance checks per year on
each retail license holder to ensure compliance with the
provisions of this chapter. The commissioner shall adopt rules
setting standards to be used during all compliance checks.
new text end