SF 2286

as introduced - 88th Legislature (2013 - 2014) Posted on 04/09/2014 02:41pm

A bill for an act
relating to liquor; authorizing the refill of a growler; amending Minnesota
Statutes 2013 Supplement, section 340A.301, subdivision 6d.

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

Section 1.

Minnesota Statutes 2013 Supplement, section 340A.301, subdivision 6d,
is amended to read:

Subd. 6d.

Small brewer license.

(a) A brewer licensed under subdivision 6, clause
(c), (i), or (j), may be issued a license by a municipality for off-sale of malt liquor at its
licensed premises that has been produced and packaged by the brewer. The license must be
approved by the commissioner. The amount of malt liquor sold at off-sale may not exceed
500 barrels annually. Off-sale of malt liquor shall be limited to the legal hours for off-sale at
exclusive liquor stores in the jurisdiction in which the brewer is located, and the malt liquor
sold off-sale must be removed from the premises before the applicable off-sale closing
time at exclusive liquor stores. The malt liquor shall be packed in 64-ounce containers
commonly known as "growlers" or in 750 milliliter bottles. The containers or bottles shall
bear a twist-type closure, cork, stopper, or plug. At the time of the sale, a paper or plastic
adhesive band, strip, or sleeve shall be applied to the container or bottle and extended over
the top of the twist-type closure, cork, stopper, or plug forming a seal that must be broken
upon opening of the container or bottle. The adhesive band, strip, or sleeve shall bear the
name and address of the brewer. The containers or bottles shall be identified as malt
liquor, contain the name of the malt liquor, bear the name and address of the brewer selling
the malt liquor, and shall be considered intoxicating liquor unless the alcoholic content is
labeled as otherwise in accordance with the provisions of Minnesota Rules, part 7515.1100.

new text begin (b) A brewer may, but is not required to, refill a container or bottle with malt liquor
for off-sale at the request of a customer. A brewer refilling a container or bottle must do
so at its licensed premises and the container or bottle must be filled at the tap at the time
of sale. A bottle or container refilled under this paragraph must be sealed and labeled
in the manner described in paragraph (a).
new text end

deleted text begin (b) deleted text end new text begin (c) new text end A brewer may only have one license under this subdivision.

deleted text begin (c) deleted text end new text begin (d) new text end A municipality may not issue a license under this subdivision to a brewer if
the brewer seeking the license, or any person having an economic interest in the brewer
seeking the license or exercising control over the brewer seeking the license, is a brewer
that brews more than 20,000 barrels of its own brands of malt liquor annually or a winery
that produces more than 250,000 gallons of wine annually.

deleted text begin (d) deleted text end new text begin (e) new text end The municipality shall impose a licensing fee on a brewer holding a license
under this subdivision, subject to limitations applicable to license fees under section
340A.408, subdivision 3, paragraph (a).