SF 4489

as introduced - 91st Legislature (2019 - 2020) Posted on 04/21/2020 09:04am

A bill for an act
relating to liquor; allowing certain on-sale licensees to make off-sales of liquor.

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

Section 1. new text begin LIMITED OFF-SALE FOR RESTAURANTS CLOSED BY EXECUTIVE
ORDER.
new text end

new text begin (a) A qualifying licensee may offer off-sales of malt liquor, hard seltzer, cider, and wine
with a prepared food take-out order, without obtaining an additional license, subject to the
following limitations:
new text end

new text begin (1) any sale of malt liquor, hard seltzer, cider, and wine is made in conjunction with and
is incidental to the sale of prepared food for take-out;
new text end

new text begin (2) the alcoholic beverages are sold in their original, unopened packaging;
new text end

new text begin (3) no more than 72 ounces in total of malt liquor, hard seltzer, and cider; and 750
milliliters of wine may be sold per prepared food take-out order;
new text end

new text begin (4) the qualifying licensee must confirm that the person picking up the prepared food
take-out order is at least 21 years of age as provided by Minnesota Statutes, section 340A.503,
subdivision 6; and
new text end

new text begin (5) the qualifying licensee must notify the insurer providing the coverage required by
Minnesota Statutes, section 340A.409, that it is making off-sales under this section.
new text end

new text begin (b) All laws and rules relating to the off-sale of liquor under Minnesota Statutes, chapter
340A, not inconsistent with this section apply to the sales allowed by this section including
but not limited to Minnesota Statutes, sections 340A.502 to 340A.504. No delivery of
alcoholic beverages is authorized by this section.
new text end

new text begin (c) The governing body of a municipality may elect to prohibit the off-sale of alcoholic
beverages authorized by this section.
new text end

new text begin (d) For purposes of this section, "qualifying licensee" means a restaurant holding an
on-sale intoxicating liquor license issued under Minnesota Statutes, section 340A.404,
subdivision 1, paragraph (a), clause (2), or subdivision 6, paragraph (a), or a restaurant
holding an on-sale wine license issued under Minnesota Statutes, section 340A.404,
subdivision 5. Nothing in this section affects or modifies the ability of a licensed brewer to
make off-sales of alcoholic beverages under law.
new text end

new text begin (e) The authority to make off-sales of malt liquor, hard seltzer, cider, and wine under
this section expires when the closure of restaurants as set forth in Executive Order 20-04,
as modified and extended by Executive Orders 20-18 and 20-33, or any subsequent order,
expires, or is terminated or rescinded.
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