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SF 3008

as introduced - 92nd Legislature (2021 - 2022) Posted on 03/09/2022 09:04am

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to liquor; prohibiting exclusive contracts for distillers; amending Minnesota
Statutes 2020, section 340A.307, subdivisions 1, 2, 4.

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

Section 1.

Minnesota Statutes 2020, section 340A.307, subdivision 1, is amended to read:


Subdivision 1.

Nondiscriminatory sales.

All licensed importersnew text begin and manufacturersnew text end
must offer for sale on an equal basis to all licensed wholesalers and manufacturers all
intoxicating liquor brought intonew text begin or produced innew text end the state of Minnesota.

Sec. 2.

Minnesota Statutes 2020, section 340A.307, subdivision 2, is amended to read:


Subd. 2.

Prohibited practices.

Without limiting subdivision 1, the following are failures
to offer intoxicating liquor for sale on an equal basis and are unlawful:

(1) A refusal to sell to a wholesaler or manufacturer intoxicating liquor offered for sale
to any other wholesaler or manufacturer, except when a wholesaler or manufacturer is in
arrears on payments for past purchases from the importer new text beginor manufacturer new text endwho refuses to
sell.

(2) A sale of intoxicating liquor to a wholesaler or manufacturer at a price different from
that offered to another wholesaler or manufacturer, exclusive of shipping costs, except that
quantity discounts based on actual cost savings may be uniformly offered to all wholesalers
and manufacturers.

(3) A sale of intoxicating liquor to a wholesaler or manufacturer on terms of purchase
different from those offered another wholesaler or manufacturer, except that when the
importer new text beginor manufacturer new text endreasonably believes that a wholesaler or manufacturer will be
unable to comply with the existing terms of credit, other terms may be employed, including
denial of credit.

(4) Discrimination among wholesalers and manufacturers in satisfying their respective
demands for intoxicating liquor.

(5) A sale conditioned on an agreement which restricts the wholesaler or manufacturer
with respect to customers, area for distribution, or resale price, or which otherwise restrains
the wholesaler or manufacturer from competing in trade and commerce.

(6) For purposes of this subdivision and subdivision 1 only, the term "intoxicating liquor"
does not include "pop wines" as they are defined by rule of the commissioner.

Sec. 3.

Minnesota Statutes 2020, section 340A.307, subdivision 4, is amended to read:


Subd. 4.

Exceptions.

Nothing in this section applies todeleted text begin:deleted text endnew text begin wine or malt liquor of any alcohol
content.
new text end

deleted text begin (1) wine or malt liquor of any alcohol content;
deleted text end

deleted text begin (2) intoxicating liquor which is:
deleted text end

deleted text begin (i) further distilled, refined, rectified, or blended within the state; and
deleted text end

deleted text begin (ii) bottled within the state and labeled with the importer's own labels after importation
into the state; or
deleted text end

deleted text begin (3) any brand of intoxicating liquor which is offered for sale only in this state. No such
brand shall vary from an existing or new brand sold in another state in any manner as to
brand name, age, or proof of the product.
deleted text end