SF 2274

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to liquor; regulating malt liquor sampling; 
  1.3             amending Minnesota Statutes 1996, section 340A.510, 
  1.4             subdivision 2. 
  1.5   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.6      Section 1.  Minnesota Statutes 1996, section 340A.510, 
  1.7   subdivision 2, is amended to read: 
  1.8      Subd. 2.  [MALT LIQUOR FURNISHED FOR SAMPLING.] (a) 
  1.9   Notwithstanding section 340A.308, with respect only to sampling 
  1.10  authorized under subdivision 1, a brewer may furnish at no cost 
  1.11  to an off-sale retailer malt liquor the brewer manufactures if: 
  1.12     (1) the malt liquor is dispensed by the retailer only for 
  1.13  tastings authorized under subdivision 1; 
  1.14     (2) the retailer makes available for return to the brewer 
  1.15  any unused malt liquor and empty containers; 
  1.16     (3) the samples are dispensed by an employee of the 
  1.17  retailer or brewer or by a sampling service retained by the 
  1.18  retailer or brewer and not affiliated directly or indirectly 
  1.19  with a brewer or malt liquor wholesaler; 
  1.20     (4) the brewer furnishes not more than three cases of malt 
  1.21  liquor to the retailer for each sampling; 
  1.22     (5) each sampling continues for not more than eight hours; 
  1.23     (6) the brewer has furnished malt liquor for not more than 
  1.24  five samplings for any retailer in any calendar year; 
  1.25     (7) the brewer delivers the malt liquor for the sampling to 
  2.1   its exclusive wholesaler for that malt liquor; 
  2.2      (8) the brewer has at least seven days before the sampling 
  2.3   filed with the commissioner, on a form the commissioner 
  2.4   prescribes, written notice of intent to furnish malt liquor for 
  2.5   the sampling, which contains (i) the name and address of the 
  2.6   retailer conducting the sampling, (ii) the amount of malt liquor 
  2.7   being furnished by the brewer, (iii) the number of times the 
  2.8   brewer has furnished malt liquor to the retailer in the calendar 
  2.9   year in which the notice is filed, (iv) the date and time of the 
  2.10  sampling, (v) the exclusive wholesaler to whom the brewer will 
  2.11  deliver the malt liquor, and (vi) a statement by the brewer to 
  2.12  the effect that to the brewer's knowledge all requirements of 
  2.13  this section have been or will be complied with; and 
  2.14     (9) the commissioner has not notified the brewer filing the 
  2.15  notice under clause (8) that the commissioner disapproves the 
  2.16  notice. 
  2.17     (b) For purposes of this subdivision, "retailer" means a 
  2.18  licensed off-sale retailer of alcoholic beverages and a 
  2.19  municipal liquor store that sells at off-sale. 
  2.20     Sec. 2.  [EFFECTIVE DATE.] 
  2.21     Section 1 is effective the day following final enactment.