SF 3672

1st Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to relating to liquor; permitting farm wineries to manufacturer and sell
distilled spirits under certain conditions; authorizing liquor licenses; making
technical corrections; amending Minnesota Statutes 2006, section 340A.315, by
adding a subdivision; Minnesota Statutes 2007 Supplement, section 340A.412,
subdivision 4.

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

Section 1.

Minnesota Statutes 2006, section 340A.315, is amended by adding a
subdivision to read:

new text begin Subd. 7. new text end

new text begin Cognac and brandy permitted. new text end

new text begin Farm wineries licensed under this
section are permitted to manufacture distilled spirits as defined under section 340A.101,
subdivision 9, including brandies and cognacs which may exceed 25 percent alcohol
by volume, made from Minnesota produced or grown grapes, grape juice, other fruit
bases, or honey. The distilled spirits authorized under this subdivision may be sold by
the farm winery at on-sale or off-sale, in retail, or in wholesale lots. The following
conditions pertain:
new text end

new text begin (1) no farm winery or firm owning multiple farm wineries may manufacture more
than 5,000 gallons of distilled spirits in a given year, and this 5,000 gallon limit is part of
the 50,000 gallon limit found in section 340A.315, subdivision 2;
new text end

new text begin (2) farm wineries must pay an additional annual fee of $500 to the commissioner
before beginning production of distilled spirits; and
new text end

new text begin (3) farm wineries may not sell or produce distilled spirits for direct sale to
manufacturers licensed under section 340A.301, subdivision 6, paragraph (a).
new text end

Sec. 2.

Minnesota Statutes 2007 Supplement, section 340A.412, subdivision 4, is
amended to read:

Subd. 4.

Licenses prohibited in certain areas.

(a) No license to sell intoxicating
liquor may be issued within the following areas:

(1) where restricted against commercial use through zoning ordinances and other
proceedings or legal processes regularly had for that purpose, except licenses may be
issued to restaurants in areas which were restricted against commercial uses after the
establishment of the restaurant;

(2) within the Capitol or on the Capitol grounds, except as provided under Laws
1983, chapter 259, section 9, or Laws 1999, chapter 202, section 13;

(3) on the State Fairgrounds new text begin , except as provided under section 37.21, subdivision 2 new text end ;

(4) on the campus of the College of Agriculture of the University of Minnesota;

(5) within 1,000 feet of a state hospital, training school, reformatory, prison, or other
institution under the supervision or control, in whole or in part, of the commissioner of
human services or the commissioner of corrections;

(6) in a town or municipality in which a majority of votes at the last election
at which the question of license was voted upon were not in favor of license under
section 340A.416, or within one-half mile of any such town or municipality, except that
intoxicating liquor manufactured within this radius may be sold to be consumed outside it;

(7) within 1,500 feet of a state university, except that:

(i) the minimum distance in the case of Winona and Southwest State University is
1,200 feet, measured by a direct line from the nearest corner of the administration building
to the main entrance of the licensed establishment;

(ii) within 1,500 feet of St. Cloud State University one on-sale wine and two off-sale
intoxicating liquor licenses may be issued, measured by a direct line from the nearest
corner of the administration building to the main entrance of the licensed establishment;

(iii) at Mankato State University the distance is measured from the front door of
the student union of the Highland campus;

(iv) a temporary license under section 340A.404, subdivision 10, may be issued to
a location on the grounds of a state university for an event sponsored or approved by
the state university; and

(v) this restriction does not apply to the area surrounding the premises of
Metropolitan State University in Minneapolis; and

(8) within 1,500 feet of any public school that is not within a city.

(b) The restrictions of this subdivision do not apply to a manufacturer or wholesaler
of intoxicating liquor or to a drugstore or to a person who had a license originally issued
lawfully prior to July 1, 1967.

new text begin EFFECTIVE DATE. new text end

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

Sec. 3. new text begin ST. LOUIS COUNTY; LIQUOR LICENSE.
new text end

new text begin Notwithstanding Minnesota Statutes, section 340A.412, subdivision 4, paragraph
(a), clause (8), St. Louis County may issue an off-sale intoxicating liquor license to an
establishment located at 9702 Highway 37 adjacent to the Cherry Corner Store. The
provisions of Minnesota Statutes, chapter 340A, apply to the license issued 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. 4. new text begin SPECIAL LICENSE; MINNEAPOLIS.
new text end

new text begin Notwithstanding any law, local ordinance, or charter provision, the city of
Minneapolis may issue an on-sale intoxicating liquor license to a restaurant located at
1367 Willow Street South. The provisions of Minnesota Statutes, chapter 340A, apply to
licenses issued under this section. The license authorizes sales on all days of the week.
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,
notwithstanding Minnesota Statutes, section 645.023, subdivision 1, paragraph (a).
new text end