SF 2488

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; modifying criminal penalty 
  1.3             provision; eliminating the local option election 
  1.4             provision; appropriating money; amending Minnesota 
  1.5             Statutes 1996, sections 340A.412, subdivision 4; and 
  1.6             340A.701, subdivision 1; repealing Minnesota Statutes 
  1.7             1996, section 340A.416. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 1996, section 340A.412, 
  1.10  subdivision 4, is amended to read: 
  1.11     Subd. 4.  [LICENSES PROHIBITED IN CERTAIN AREAS.] (a) No 
  1.12  license to sell intoxicating liquor may be issued within the 
  1.13  following areas: 
  1.14     (1) where restricted against commercial use through zoning 
  1.15  ordinances and other proceedings or legal processes regularly 
  1.16  had for that purpose, except licenses may be issued to 
  1.17  restaurants in areas which were restricted against commercial 
  1.18  uses after the establishment of the restaurant; 
  1.19     (2) within the capitol or on the capitol grounds, except as 
  1.20  provided under Laws 1983, chapter 259, section 9; 
  1.21     (3) on the state fairgrounds or at any place in a city of 
  1.22  the first class within one-half mile of the fairgrounds, except 
  1.23  as otherwise provided by charter; 
  1.24     (4) on the campus of the college of agriculture of the 
  1.25  University of Minnesota or at any place in a city of the first 
  1.26  class within one-half mile of the campus, provided that a city 
  2.1   may issue one on-sale wine license in this area that is not 
  2.2   included in the area described in clause (3), except as provided 
  2.3   by charter; 
  2.4      (5) within 1,000 feet of a state hospital, training school, 
  2.5   reformatory, prison, or other institution under the supervision 
  2.6   or control, in whole or in part, of the commissioner of human 
  2.7   services or the commissioner of corrections; 
  2.8      (6) in a town or municipality in which a majority of votes 
  2.9   at the last election at which the question of license was voted 
  2.10  upon were not in favor of license under section 340A.416, or 
  2.11  within one-half mile of any such town or municipality, except 
  2.12  that intoxicating liquor manufactured within this radius may be 
  2.13  sold to be consumed outside it; 
  2.14     (7) at any place on the east side of the Mississippi River 
  2.15  within one-tenth of a mile of the main building of the 
  2.16  University of Minnesota unless the licensed establishment is on 
  2.17  property owned or operated by a nonprofit corporation organized 
  2.18  prior to January 1, 1940, for and by former students of the 
  2.19  University of Minnesota; 
  2.20     (8) (7) within 1,500 feet of a state university, except 
  2.21  only 1,200 feet from Winona and Southwest State University, 
  2.22  provided that within 1,500 feet of St. Cloud State University 
  2.23  one on-sale wine and two off-sale intoxicating liquor licenses 
  2.24  may be issued, measured by a direct line from the nearest corner 
  2.25  of the administration building to the main entrance of the 
  2.26  licensed establishment except at Mankato State University the 
  2.27  distance is measured from the front door of the student union of 
  2.28  the Highland campus; and 
  2.29     (9) (8) within 1,500 feet of any public school that is not 
  2.30  within a city. 
  2.31     (b) The restrictions of this subdivision do not apply to a 
  2.32  manufacturer or wholesaler of intoxicating liquor or to a 
  2.33  drugstore or to a person who had a license originally issued 
  2.34  lawfully prior to July 1, 1967.  
  2.35     Sec. 2.  Minnesota Statutes 1996, section 340A.701, 
  2.36  subdivision 1, is amended to read: 
  3.1      Subdivision 1.  [UNLAWFUL ACTS.] It is a felony: 
  3.2      (1) to manufacture alcoholic beverages in violation of this 
  3.3   chapter; 
  3.4      (2) to transport or import alcoholic beverages into the 
  3.5   state in violation of this chapter for purposes of resale; or 
  3.6      (3) to sell or give away for beverage purposes poisonous 
  3.7   alcohol, methyl alcohol, denatured alcohol, denaturing material, 
  3.8   or any other alcoholic substance capable of causing serious 
  3.9   physical or mental injuries to a person consuming it; or 
  3.10     (4) for a person other than a licensed retailer of 
  3.11  alcoholic beverages, a bottle club permit holder, a municipal 
  3.12  liquor store, or an employee or agent of any of these who is 
  3.13  acting within the scope of employment, to violate the provisions 
  3.14  of section 340A.503, subdivision 2, clause (1), by selling 
  3.15  alcoholic beverages if the underage purchaser of the alcoholic 
  3.16  beverage becomes intoxicated and causes or suffers death or 
  3.17  great bodily harm as a result of the intoxication. 
  3.18     Sec. 3.  [APPROPRIATION.] 
  3.19     $750,000 is appropriated from the general fund to the 
  3.20  commissioners of revenue and public service for enforcement of 
  3.21  Minnesota Statutes, section 340A.701, to be available until June 
  3.22  30, 1999.  Of this amount, $375,000 is appropriated to the 
  3.23  commissioner of revenue, and $375,000 to the commissioner of 
  3.24  public safety. 
  3.25     Sec. 4.  [REPEALER.] 
  3.26     Minnesota Statutes 1996, section 340A.416, is repealed.