SF 3198

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to liquor; modifying terms of an on-sale wine license for certain bed and
breakfast facilities; allowing a bed and breakfast facility to hold a consumption
and display permit; amending Minnesota Statutes 2004, sections 340A.404,
subdivision 5; 340A.414, subdivision 2.

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

Section 1.

Minnesota Statutes 2004, 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 new text begin and, if the facility contains a licensed commercial kitchen, also to guests attending
events at the facility new text end .

Sec. 2.

Minnesota Statutes 2004, section 340A.414, subdivision 2, is amended to read:

Subd. 2.

Eligibility for permit.

(a) The commissioner may issue a permit under
this section only to:

(1) an applicant who has not, within five years prior to the application, been
convicted of a felony or of violating any provision of this chapter or rule adopted under
this chapter;

(2) a restaurant;

(3) a hotel;

(4) an establishment licensed for the sale of 3.2 percent malt liquor;

(5) a resort as defined in section 157.15; deleted text begin and deleted text end

(6) a club as defined in section 340A.101, subdivision 7, or an unincorporated club
otherwise meeting that definition. new text begin ; and new text end

new text begin (7) a bed and breakfast facility as defined in section 340A.411, subdivision 1.
new text end

(b) The commissioner may not issue a permit to a club holding an on-sale
intoxicating liquor license.

Sec. 3. new text begin EFFECTIVE DATE.
new text end

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