SF 3180

1st Engrossment - 86th Legislature (2009 - 2010) Posted on 03/15/2010 11:53am

A bill for an act
relating to alcohol; allowing malt liquor or spirits tastings; modifying licensing
conditions for the University of Minnesota; dedicating funds to a scholarship
account; amending Minnesota Statutes 2008, section 340A.419, as amended;
Minnesota Statutes 2009 Supplement, section 340A.404, subdivision 4a;
proposing coding for new law in Minnesota Statutes, chapter 137.

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

Section 1.

[137.66] SCHOLARSHIP PROGRAM.

As a condition of acceptance of a license under section 340A.404, subdivision
4a, paragraph (a), clause (3), the University of Minnesota shall deposit all revenues
guaranteed through the existence of this license to a scholarships account. These funds
must be dedicated for meritorious scholarships for men and women athletes attending the
University of Minnesota.

Sec. 2.

Minnesota Statutes 2009 Supplement, section 340A.404, subdivision 4a,
is amended to read:

Subd. 4a.

Publicly owned recreation; entertainment facilities.

(a)
Notwithstanding any other law, local ordinance, or charter provision, the commissioner
may issue on-sale intoxicating liquor licenses:

(1) to the state agency administratively responsible for, or to an entity holding a
concession or facility management contract with such agency for beverage sales at, the
premises of any Giants Ridge Recreation Area building or recreational improvement area
owned by the state in the city of Biwabik, St. Louis County;

(2) to the state agency administratively responsible for, or to an entity holding a
concession or facility management contract with such agency for beverage sales at, the
premises of any Ironworld Discovery Center building or facility owned by the state at
Chisholm;

(3) to the Board of Regents of the University of Minnesota for events at Northrop
Auditorium, the intercollegiate football stadium, or at no more than seven other locations
within the boundaries of the University of Minnesota, provided that the Board of Regents
has approved an application for a license for the specified location and provided that a
license for an arena or stadium location is void unless it requires the sale or service of
intoxicating liquor throughout the arena or stadium if intoxicating liquor is sold or served
anywhere in the arena or stadium; and

(4) to the Duluth Entertainment and Convention Center Authority for beverage
sales on the premises of the Duluth Entertainment and Convention Center Arena during
intercollegiate hockey games.

The commissioner shall charge a fee for licenses issued under this subdivision in an
amount comparable to the fee for comparable licenses issued in surrounding cities.

(b) No alcoholic beverage may be sold or served at TCF Bank Stadium unless the
Board of Regents holds an on-sale intoxicating liquor license for the stadium as provided
in paragraph (a), clause (3).

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 3.

Minnesota Statutes 2008, section 340A.419, as amended by Laws 2009, chapter
120, section 12, is amended to read:

340A.419 WINE TASTINGS CONDUCTED BY EXCLUSIVE LIQUOR
STORE.

Subdivision 1.

Definition.

For purposes of this section, a "wine tasting" is an event
of not more than four hours' duration at which persons pay a fee to participate and are
allowed to consume wine, malt liquor, or spirits by the glass without paying a separate
charge for each glass.

Subd. 2.

Tastings.

(a) Notwithstanding any other law, an exclusive liquor store may
conduct a wine, malt liquor, or spirits tasting on the premises of a holder of an on-sale
intoxicating liquor license that is not a temporary license or on the premises of a holder
of a wine license under section 340A.404, subdivision 5, if the exclusive liquor store
complies with this section.

(b) No wine at a wine tasting , malt liquor, or spirits authorized for use under this
section may be sold for off-premises consumption. A participant in the tasting may fill out
a form indicating preferences for wine, malt liquor, or spirits. The form may be held on
the premises of the exclusive liquor store to assist the participant in making an off-sale
purchase at a later date.

(c) Notwithstanding any other law, an exclusive liquor store may purchase or
otherwise obtain wine or spirits for a wine tasting conducted under this section from
a wholesaler licensed to sell wine or spirits. The wholesaler may sell or give wine or
spirits to an exclusive liquor store for a wine tasting conducted under this section and may
provide personnel to assist in the wine tasting.

(d) An exclusive liquor store that conducts a wine tasting under this section must use
any fees collected from participants in the tasting only to defray the cost of conducting
the tasting.

(e) Notwithstanding section 340A.409, subdivision 4, the premises on which a wine
tasting is conducted must be insured as required by section 340A.409, subdivision 1.

Subd. 3.

Malt liquor tastings.

An exclusive liquor store conducting a malt liquor
tasting under this section must also comply with the requirements of section 340A.510,
subdivision 2.

Sec. 4. SERVICE EXPANSION STUDY.

The University of Minnesota, in conjunction with the chairs of the commerce
committees of the house of representatives and senate, shall examine issues related to
the expansion of service under Minnesota Statutes, section 340A.404, subdivision 4a,
paragraph (a), clause (3), and shall report findings, if any, by January 15, 2012, to the
appropriate committees of the legislature.