SF 4110

as introduced - 90th Legislature (2017 - 2018) Posted on 05/20/2018 01:35pm

A bill for an act
relating to liquor; authorizing manufacturers and brewers to hold a retail on-sale
license; amending Minnesota Statutes 2016, sections 340A.301, subdivision 8;
340A.402, subdivision 1; 340A.404, subdivision 1.

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

Section 1.

Minnesota Statutes 2016, section 340A.301, subdivision 8, is amended to read:

Subd. 8.

Interest in other business.

(a) Except as provided in this subdivision, a holder
of a license as deleted text begin a manufacturer, brewer, deleted text end new text begin an new text end importer deleted text begin , deleted text end or wholesaler may not have any
ownership, in whole or in part, in a business holding a retail intoxicating liquor or 3.2 percent
malt liquor license. The commissioner may not issue a license under this section to deleted text begin a
manufacturer, brewer, deleted text end new text begin an new text end importer deleted text begin , deleted text end or wholesaler if a retailer of intoxicating liquor has a
direct or indirect interest in the manufacturer, brewer, importer, or wholesaler. A
deleted text begin manufacturer or deleted text end wholesaler of intoxicating liquor may use or have property rented for retail
intoxicating liquor sales only if the deleted text begin manufacturer or deleted text end wholesaler has owned the property
continuously since November 1, 1933. A retailer of intoxicating liquor may not use or have
property rented for the deleted text begin manufacture or deleted text end wholesaling of intoxicating liquor.

(b) Except as provided in subdivision 9, no brewer as defined in subdivision 9 or importer
may have any interest, in whole or in part, directly or indirectly, in the license, business,
assets, or corporate stock of a licensed malt liquor wholesaler.

Sec. 2.

Minnesota Statutes 2016, section 340A.402, subdivision 1, is amended to read:

Subdivision 1.

Disqualifiers.

No retail license may be issued to:

(1) a person under 21 years of age;

(2) a person who has had an intoxicating liquor or 3.2 percent malt liquor license revoked
within five years of the license application, or to any person who at the time of the violation
owns any interest, whether as a holder of more than five percent of the capital stock of a
corporation licensee, as a partner or otherwise, in the premises or in the business conducted
thereon, or to a corporation, partnership, association, enterprise, business, or firm in which
any such person is in any manner interested;

(3) a person not of good moral character and repute; or

(4) a person who has a direct or indirect interest in a deleted text begin manufacturer, brewer, or deleted text end wholesaler.

In addition, no new retail license may be issued to, and the governing body of a
municipality may refuse to renew the license of, a person who, within five years of the
license application, has been convicted of a felony or a willful violation of a federal or state
law or local ordinance governing the manufacture, sale, distribution, or possession for sale
or distribution of an alcoholic beverage. The Alcohol and Gambling Enforcement Division
or licensing authority may require that fingerprints be taken and forwarded to the Federal
Bureau of Investigation for purposes of a criminal history check.

Sec. 3.

Minnesota Statutes 2016, section 340A.404, subdivision 1, is amended to read:

Subdivision 1.

Cities.

(a) A city may issue an on-sale intoxicating liquor license to the
following establishments located within its jurisdiction:

(1) hotels;

(2) restaurants;

(3) bowling centers;

(4) clubs or congressionally chartered veterans organizations with the approval of the
commissioner, provided that the organization has been in existence for at least three years
and liquor sales will only be to members and bona fide guests, except that a club may permit
the general public to participate in a wine tasting conducted at the club under section
340A.419;

(5) sports facilities, restaurants, clubs, or bars located on land owned or leased by the
Minnesota Sports Facilities Authority;

(6) sports facilities located on land owned by the Metropolitan Sports Commission; deleted text begin and
deleted text end

(7) exclusive liquor stores deleted text begin . deleted text end new text begin ; and
new text end

new text begin (8) manufacturers of intoxicating liquor.
new text end

(b) A city may issue an on-sale intoxicating liquor license, an on-sale wine license, or
an on-sale malt liquor license to a theater within the city, notwithstanding any law, local
ordinance, or charter provision. A license issued under this paragraph authorizes sales on
all days of the week to persons attending events at the theater.

(c) A city may issue an on-sale intoxicating liquor license, an on-sale wine license, or
an on-sale malt liquor license to a convention center within the city, notwithstanding any
law, local ordinance, or charter provision. A license issued under this paragraph authorizes
sales on all days of the week to persons attending events at the convention center. This
paragraph does not apply to convention centers located in the seven-county metropolitan
area.

(d) A city may issue an on-sale wine license and an on-sale malt liquor license to a
person who is the owner of a summer collegiate league baseball team, or to a person holding
a concessions or management contract with the owner, for beverage sales at a ballpark or
stadium located within the city for the purposes of summer collegiate league baseball games
at the ballpark or stadium, notwithstanding any law, local ordinance, or charter provision.
A license issued under this paragraph authorizes sales on all days of the week to persons
attending baseball games at the ballpark or stadium.