SF 2808

2nd Engrossment - 86th Legislature (2009 - 2010) Posted on 03/25/2010 05:52pm

A bill for an act
relating to liquor; clarifying a license provision for the city of Minneapolis;
allowing the State Fair to issue liquor licenses; authorizing various on-sale
licenses; amending Minnesota Statutes 2008, sections 37.21; 340A.404,
subdivisions 2, 5; 340A.419, as amended; Laws 2009, chapter 120, section 16.

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

Section 1.

Minnesota Statutes 2008, section 37.21, is amended to read:

37.21 SALE OF LIQUORS.

Subdivision 1.

Liquor prohibited.

Except as provided deleted text begin under Laws 2003, chapter
126, section 29, as amended by Laws 2005, chapter 25, section 6 deleted text end new text begin in subdivision 2 new text end , no
person may sell, barter, give away, or otherwise dispose of or introduce, have, or keep for
barter, gift, or sale, any intoxicating liquors of any kind upon the State Fairgrounds, or
aid and abet any of those acts. The presence and possession of any kind of these liquors,
in any quantity, upon the person or upon the premises leased or occupied by any person
within these limits is a public nuisance and is prima facie evidence of the purpose of the
person to barter, give away, or sell the liquor. Any person who violates this section is
guilty of a misdemeanor.

Subd. 2.

Exceptions.

deleted text begin Notwithstanding subdivision 1, deleted text end

new text begin (a) new text end The State Agricultural Society may deleted text begin authorize deleted text end new text begin issue new text end , under terms and conditions
it chooses, new text begin license for new text end the sale, possession, and consumption of intoxicating liquors at
special events taking place on the fairgrounds at times other than during the annual fair
including, but not limited to, family reunions, class reunions, weddings, conventions, and
similar events. deleted text begin This section does not authorize the society to issue retail licenses for the
sale of alcoholic beverages. Notwithstanding subdivision 1,
deleted text end

new text begin (b) new text end The State Agricultural Society may deleted text begin also authorize deleted text end new text begin issue new text end , under terms and
conditions it chooses, consistent with state law, new text begin licenses for new text end the sale, possession, and
consumption of intoxicating malt liquors during the annual fair or at other times of their
choosing, provided that at least one Minnesota brewed malt liquor is made available for
sale at each allowed location within the grounds.

new text begin (c) The State Agricultural Society may issue a license for the sale and consumption
of wine to a holder of a State Fair concession's contract with the State Agricultural Society
that authorizes the licensee to sell Minnesota-produced wine by the glass at the State
Fair in connection with the sale of food by the concessionaire. For the purposes of this
subdivision, "Minnesota-produced wine" means wine produced by a farm winery licensed
under section 340A.315 and made from at least 75 percent Minnesota-grown grapes, grape
juice, other fruit bases, other juices, and honey.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 2.

Minnesota Statutes 2008, section 340A.404, subdivision 2, is amended to read:

Subd. 2.

Special provision; city of Minneapolis.

(a) The city of Minneapolis may
issue an on-sale intoxicating liquor license to the Guthrie Theater, the Cricket Theatre, the
Orpheum Theatre, the State Theatre, and the Historic Pantages Theatre, notwithstanding
the limitations of law, or local ordinance, or charter provision relating to zoning or school
or church distances. The licenses authorize sales on all days of the week to holders
of tickets for performances presented by the theaters and to members of the nonprofit
corporations holding the licenses and to their guests.

(b) The city of Minneapolis may issue an intoxicating liquor license to 510
Groveland Associates, a Minnesota cooperative, for use by a restaurant on the premises
owned by 510 Groveland Associates, notwithstanding limitations of law, or local
ordinance, or charter provision.

(c) The city of Minneapolis may issue an on-sale intoxicating liquor license to
Zuhrah Shrine Temple for use on the premises owned by Zuhrah Shrine Temple at 2540
Park Avenue South in Minneapolis, and to the American Swedish Institute for use on
the premises owned by the American Swedish Institute at 2600 Park Avenue South,
notwithstanding limitations of law, or local ordinances, or charter provision relating to
zoning or school or church distances.

(d) The city of Minneapolis may issue an on-sale intoxicating liquor license to
the American Association of University Women, Minneapolis branch, for use on the
premises owned by the American Association of University Women, Minneapolis branch,
at 2115 Stevens Avenue South in Minneapolis, notwithstanding limitations of law, or local
ordinances, or charter provisions relating to zoning or school or church distances.

(e) The city of Minneapolis may issue an on-sale wine license and an on-sale 3.2
percent malt liquor license to a restaurant located at 5000 Penn Avenue South, and an
on-sale wine license and an on-sale malt liquor license to a restaurant located at 1931
Nicollet Avenue South, notwithstanding any law or local ordinance or charter provision.

(f) The city of Minneapolis may issue an on-sale wine license and an on-sale malt
liquor license to the Brave New Workshop Theatre located at 3001 Hennepin Avenue
South, the Theatre de la Jeune Lune, the Illusion Theatre located at 528 Hennepin Avenue
South, the Hollywood Theatre located at 2815 Johnson Street Northeast, the Loring
Playhouse located at 1633 Hennepin Avenue South, the Jungle Theater located at 2951
Lyndale Avenue South, Brave New Institute located at 2605 Hennepin Avenue South,
the Guthrie Lab located at 700 North First Street, and the Southern Theatre located at
1420 Washington Avenue South, notwithstanding any law or local ordinance or charter
provision. The license authorizes sales on all days of the week.

(g) The city of Minneapolis may issue an on-sale intoxicating liquor license to
University Gateway Corporation, a Minnesota nonprofit corporation, for use by a
restaurant or catering operator at the building owned and operated by the University
Gateway Corporation on the University of Minnesota campus, notwithstanding limitations
of law, or local ordinance or charter provision. The license authorizes sales on all days of
the week.

(h) The city of Minneapolis may issue an on-sale intoxicating liquor license to the
Walker Art Center's concessionaire or operator, for a restaurant and catering operator
on the premises of the Walker Art Center, notwithstanding limitations of law, or local
ordinance or charter provisions. The license authorizes sales on all days of the week.

(i) The city of Minneapolis may issue an on-sale intoxicating liquor license to the
Guthrie Theater's concessionaire or operator for a restaurant and catering operator on the
premises of the Guthrie Theater, notwithstanding limitations of law, local ordinance, or
charter provisions. The license authorizes sales on all days of the week.

(j) The city of Minneapolis may issue an on-sale wine license and an on-sale malt
liquor license to the Minnesota Book and Literary Arts Building, Inc.'s concessionaire or
operator for a restaurant and catering operator on the premises of the Minnesota Book and
Literary Arts Building, Inc. (dba Open Book), notwithstanding limitations of law, or local
ordinance or charter provision. The license authorizes sales on all days of the week.

(k) The city of Minneapolis may issue an on-sale intoxicating liquor license to a
restaurant located at 5411 Penn Avenue South, notwithstanding any law or local ordinance
or charter provision.

new text begin (l) The city of Minneapolis may issue an on-sale intoxicating liquor license to the
Museum of Russian Art's concessionaire or operator for a restaurant and catering operator
on the premises of the Museum of Russian Art located at 5500 Stevens Avenue South,
notwithstanding any law or local ordinance or charter provision.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective upon approval by the Minneapolis
City Council in the manner provided by Minnesota Statutes, section 645.021, subdivisions
2 and 3.
new text end

Sec. 3.

Minnesota Statutes 2008, section 340A.404, subdivision 5, is amended to read:

Subd. 5.

Wine licenses.

(a) A municipality may issue an on-sale wine license with
the approval of the commissioner to a restaurant having facilities for seating at least 25
guests at one time. A wine license permits the sale of wine of up to 14 percent alcohol by
volume for consumption with the sale of food. A wine license authorizes the sale of wine
on all days of the week unless the issuing authority restricts the license's authorization to
the sale of wine on all days except Sundays.

(b) The governing body of a municipality may by ordinance authorize a holder of
an on-sale wine license issued pursuant to paragraph (a) who is also licensed to sell 3.2
percent malt liquors at on-sale pursuant to section 340A.411, and whose gross receipts
are at least 60 percent attributable to the sale of food, to sell intoxicating malt liquors
at on-sale without an additional license.

(c) A municipality may issue an on-sale wine license with the approval of the
commissioner to a licensed bed and breakfast facility. A license under this paragraph
authorizes a bed and breakfast facility to furnish wine only to registered guests of the
facility and, if the facility contains a licensed commercial kitchen, also to guests attending
private events at the facility.

new text begin (d) The State Agricultural Society may issue an on-sale wine license to the holder of
a State Fair concession contract as provided in section 37.21, subdivision 2.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 4.

Minnesota Statutes 2008, section 340A.419, as amended by Laws 2009, chapter
120, section 12, is amended to read:

340A.419 WINE TASTINGS CONDUCTED BY EXCLUSIVE LIQUOR
STORE.

Subdivision 1.

Definition.

For purposes of this section, a " deleted text begin wine deleted text end tasting" is an event
of not more than four hours' duration at which persons pay a fee to participate and are
allowed to consume wine new text begin , malt liquor, or spirits new text end by the glass without paying a separate
charge for each glass.

Subd. 2.

Tastings.

(a) Notwithstanding any other law, an exclusive liquor store may
conduct a wine new text begin , malt liquor, or spirits new text end tasting on the premises of a holder of an on-sale
intoxicating liquor license that is not a temporary license or on the premises of a holder
of a wine license under section 340A.404, subdivision 5, if the exclusive liquor store
complies with this section.

(b) No wine deleted text begin at a wine tasting deleted text end new text begin , malt liquor, or spirits authorized for use new text end under this
section may be sold for off-premises consumption. A participant in the tasting may fill out
a form indicating preferences for wine new text begin , malt liquor, or spirits new text end . The form may be held on
the premises of the exclusive liquor store to assist the participant in making an off-sale
purchase at a later date.

(c) Notwithstanding any other law, an exclusive liquor store may purchase or
otherwise obtain wine new text begin or spirits new text end for a deleted text begin wine deleted text end tasting conducted under this section from
a wholesaler licensed to sell wine new text begin or spirits new text end . The wholesaler may sell or give wine new text begin or
spirits new text end to an exclusive liquor store for a deleted text begin wine deleted text end tasting conducted under this section and may
provide personnel to assist in the deleted text begin wine deleted text end tasting.

(d) An exclusive liquor store that conducts a deleted text begin wine deleted text end tasting under this section must use
any fees collected from participants in the tasting only to defray the cost of conducting
the tasting.

(e) Notwithstanding section 340A.409, subdivision 4, the premises on which a wine
tasting is conducted must be insured as required by section 340A.409, subdivision 1.

new text begin Subd. 3. new text end

new text begin Malt liquor tastings. new text end

new text begin An exclusive liquor store conducting a malt liquor
tasting under this section must also comply with the requirements of section 340A.510,
subdivision 2.
new text end

Sec. 5.

Laws 2009, chapter 120, section 16, is amended to read:

Sec. 16. CITY OF MINNEAPOLIS; LIQUOR LICENSE.

Notwithstanding any law, ordinance, or charter provision to the contrary, the city of
Minneapolis may issue an new text begin on-sale new text end intoxicating liquor license to an establishment located
at 2124 Como Avenue Southeast.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective on the effective date of Laws 2009,
chapter 120, section 16.
new text end

Sec. 6. new text begin BEMIDJI ON-SALE LICENSE.
new text end

new text begin Notwithstanding any other law, local ordinance, or charter provision to the contrary,
the city of Bemidji may issue an on-sale intoxicating liquor license, or an on-sale wine and
malt liquor license to the Bemidji Regional Event Center. Any license authorized by this
section may be issued for space that is not compact and contiguous, provided that all the
space is within the boundaries of the Bemidji Regional Event Center and is included in
the description of the licensed premises on the approved license application. A license
issued under this paragraph authorizes sales on all days of the week to persons attending
activities or events at the event center. All other provisions of Minnesota Statutes, chapter
340A, not inconsistent with this section, apply to the license authorized under this section.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 7. new text begin EXEMPTION; BEMIDJI STATE UNIVERSITY.
new text end

new text begin Notwithstanding Minnesota Statutes, section 340A.410, subdivision 10, paragraph
(b), Bemidji State University may be issued temporary liquor licenses for events at the
university authorized under Minnesota Statutes, section 340A.412, subdivision 4, clause
(7), item (iv), on an as needed basis, provided that the combination of temporary licenses
issued not exceed 12 events or a total of 12 days within a 12-month period.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
This section expires July 1, 2012.
new text end

Sec. 8. new text begin ST. THOMAS UNIVERSITY; ON-SALE LICENSE.
new text end

new text begin Notwithstanding any other law, local ordinance, or charter provision, the appropriate
licensing authority may issue an on-sale intoxicating liquor license to St. Thomas
University, or to an entity holding a caterer's permit and a contract with St. Thomas
University, for catering on the premises of the St. Thomas University campus or campuses,
or for any portion of the premises as described in the approved license application. The
appropriate licensing authority for a campus in Minneapolis is the city of Minneapolis
and the appropriate licensing authority for a campus in St. Paul is the city of St. Paul.
A license authorized by this section may be issued for space that is not compact and
contiguous, provided that all the space is within the boundaries of the St. Thomas
University campus or campuses and is included in the description of the licensed premises
on the approved license application. The license authorizes sales on all days of the week to
persons attending events at the college. All other provisions of Minnesota Statutes, chapter
340A, not inconsistent with this section, apply to the license authorized under this section.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section, as to the authority to issue a license in
Minneapolis, is effective upon approval by the Minneapolis city council in the manner
provided by Minnesota Statutes, section 645.021, subdivisions 2 and 3. This section, as
to the authority to issue a license in St. Paul, is effective upon approval by the St. Paul
city council in the manner provided by Minnesota Statutes, section 645.021, subdivisions
2 and 3.
new text end