Minnesota Session Laws - 1983, Regular Session

  

                         Laws of Minnesota 1983 

                        CHAPTER 259--S.F.No. 201
           An act relating to liquor; authorizing election day 
          sales; reducing the period of existence required for a 
          club license; authorizing off-sale licenses to 
          dispense certain samples and advertise in bordering 
          states' newspapers in certain instances; regulating 
          volume discounts; authorizing the city of St. Paul to 
          issue an on-sale liquor license to the Phalen Park 
          club house; authorizing the city of St. Paul to issue 
          a special beer and wine license to the Downtown 
          Council; authorizing the city of Minnetonka to issue 
          three additional on-sale licenses; authorizing the 
          city of Long Prairie to issue a club license to a 
          certain Moose Lodge; amending Minnesota Statutes 1982, 
          sections 340.034, subdivision 1; 340.11, subdivisions 
          11 and 15; 340.14, subdivision 1; 340.15, by adding a 
          subdivision; 340.408; and 340.983. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1982, section 340.034, 
subdivision 1, is amended to read: 
    Subdivision 1.  No sale of nonintoxicating malt liquor 
shall be made between the hours of one a.m. and eight a.m. on 
any weekday Monday through Saturday inclusive.  Neither shall 
any sale of such liquor be made on any Sunday between the hours 
of one a.m. and twelve o'clock noon, nor between the hours of 
one a.m. and eight o'clock p.m. on the day of any statewide 
election.  
    Sec. 2.  Minnesota Statutes 1982, section 340.11, 
subdivision 11, is amended to read: 
    Subd. 11.  [ON-SALE LICENSES, INCLUDING HOTELS, CLUBS, 
RESTAURANTS, AND ON-SALE EXCLUSIVE LIQUOR STORES.] "On-sale" 
licenses may be issued by municipalities for the sale of 
intoxicating liquors in hotels, clubs, restaurants and 
establishments for the sale of "on-sale" liquors exclusively 
within the number authorized by this section.  In addition to 
the number of licenses authorized by this section, an "on-sale" 
license may be issued, if approved by the commissioner of public 
safety, to a bona fide club which has been in existence for 15 
years or more or to a congressionally chartered veterans' 
organization which has been in existence for five at least three 
years.  The club or veterans' organization must be incorporated 
in order to be eligible to apply for a license, and the license 
issued must be for the sale of intoxicating liquors to members 
and bona fide guests only.  The license fee for an "on-sale" 
license issued by a municipality pursuant to this subdivision 
shall be in an amount determined by the governing body thereof 
subject to the following limitations:  up to $300 for a veterans 
organization or fraternal club with a membership of 200 or less; 
up to $500 for a veterans organization or fraternal club with a 
membership of between 201 and 500; up to $650 for a veterans 
organization or fraternal club with a membership of between 501 
and 1,000; up to $800 for a veterans organization or fraternal 
club with a membership of between 1,001 and 2,000; up to $1,000 
for a veterans organization or fraternal club with a membership 
between 2,000 and 4,000; up to $2,000 for a veterans 
organization or fraternal club with a membership of between 
4,001 and 6,000; and up to $3,000 for a veterans organization or 
fraternal club with a membership of more than 6,000.  For 
purposes of the maximum license fee which may be imposed by a 
municipality pursuant to this subdivision, "fraternal club" 
means a club which serves only members and their guests and 
which uses any profits derived from these sales principally for 
sponsoring activities beneficial to the community and not for 
the benefit of any individual.  Except in cities of the first, 
second, and third class, a license may be issued jointly to 
congressionally chartered veterans' organizations that otherwise 
qualify under this subdivision. 
    Sec. 3.  Minnesota Statutes 1982, section 340.11, 
subdivision 15, is amended to read: 
    Subd. 15.  [LICENSES NOT REQUIRED.] It is lawful for a 
brewer to sell intoxicating malt beverages to his employee or to 
a former employee who is retired because of age or physical 
disability.  Such beverages shall be sold for consumption off 
the premises only, and the amount sold to any one person in any 
one week shall not exceed 768 fluid ounces.  The requirements of 
law relating to minimum prices for the sale of intoxicating malt 
beverages shall not apply to sales made under this subdivision, 
nor shall any license be required for the making of such sales.  
It is also lawful for a collector of commemorative bottles, as 
these terms are defined in section 340.44, to sell commemorative 
bottles to another collector without obtaining a license.  It is 
also lawful for an off-sale licensee or municipal liquor store 
to provide samples of wine, liqueurs, and cordials which the 
licensee or municipal liquor store currently has in stock and is 
offering for sale to the general public without obtaining an 
additional license, provided the wine, liqueur, and cordial 
samples are dispensed at no charge and consumed on the licensed 
premises during the permitted hours of off-sale in a quantity 
less than 50 milliliters of wine per variety per customer and 25 
milliliters of liqueur or cordial per variety per customer.  
    Sec. 4.  Minnesota Statutes 1982, section 340.14, 
subdivision 1, is amended to read: 
    Subdivision 1.  [HOURS AND DAYS OF SALE.] No sale of 
intoxicating liquor shall be made after one a.m. on Sunday, nor 
until eight a.m. on Monday, nor between the hours of one a.m. 
and eight o'clock p.m. on the day of any statewide election.  No 
"on-sale" shall be made between the hours of one a.m. and eight 
o'clock a.m. on any weekday.  No "on-sale" shall be made after 
eight o'clock p.m. on December 24.  No "off-sale" shall be made 
before eight o'clock a.m. or after ten o'clock p.m. of any day.  
However, in cities of the first class, and in all cities located 
within a radius of 15 miles of a city of the first class within 
the same county, "off-sale" may be made only until eight o'clock 
p.m. of any day except Friday and Saturday, on which days 
"off-sale" may be made until ten o'clock p.m.  No "off-sale" 
shall be made on New Years Day, January 1; Independence Day, 
July 4; Thanksgiving Day; or Christmas Day, December 25; but on 
the evenings preceding such days, if the sale of liquor is not 
otherwise prohibited on such evenings, "off-sales" may be made 
until ten o'clock p.m., except that no "off-sale" shall be made 
on December 24 after eight o'clock p.m.  It shall be beyond the 
power of any municipality of this state to authorize or permit 
the sale of intoxicating liquors when such sale is prohibited by 
this section, however, any municipality may further limit the 
hours of sale of intoxicating liquors, provided that such 
further restricted hours for "on-sale" shall apply to both 
intoxicating liquors and nonintoxicating malt liquors. 
    Sec. 5.  Minnesota Statutes 1982, section 340.15, is 
amended by adding a subdivision to read: 
    Subd. 3.  This section does not apply to advertising of 
liquor prices by an off-sale licensee in a newspaper of general 
circulation published in a bordering state if the newspaper is 
the primary newspaper of general circulation in the area in 
which the off-sale licensee is located.  
    Sec. 6.  Minnesota Statutes 1982, section 340.408, is 
amended to read: 
    340.408 [JOINT PURCHASES.] 
    No variable volume price or discount shall be offered to a 
retailer for a quantity of distilled spirits or wine in excess 
of 300 liter or smaller bottles.  The joint purchase for resale 
to the general public of 300 or fewer quart liter or smaller 
bottles of intoxicating liquor distilled spirits or wine by more 
than one person lawfully permitted to sell intoxicating liquor 
distilled spirits or wine to the general public is lawful.  No 
rule or regulation pursuant to this chapter shall prohibit a 
lawful purchase pursuant to this section. 
    Sec. 7.  Minnesota Statutes 1982, section 340.983, is 
amended to read: 
    340.983 [FILING OF WHOLESALE PRICE SCHEDULE.] 
    No brand owner or wholesaler of distilled liquor spirits or 
wine shall sell, offer for sale, or solicit any order for 
distilled liquor or wine unless a schedule of wholesale prices, 
which shall include varying volume prices, is filed with the 
commissioner, on a form prescribed by him, and no sales shall be 
made except in accordance with such these prices.  Such Forms 
shall provide for the listing of the price, including any 
varying volume prices, at which each brand distributed by the 
filing wholesaler or brand owner is sold.  The commissioner 
shall maintain such filings in such a manner as to make their 
contents easily accessible to the public.  The filings required 
under this section shall be made not later than the first day of 
each month, and the schedule of filed prices shall be effective 
from that day until the first day of the next month, provided 
that any filing may be amended within five days after its 
filing.  The commissioner shall provide copies of such filings 
to any person requesting them, and may charge a reasonable fee 
therefor.  Any person may examine such filings in the office of 
the commissioner, and no charge shall be made for such 
examination.  
    No volume price filed pursuant to this section shall be for 
a quantity in excess of 300 quarts.  
    Sec. 8.  [ST. PAUL; PARK CLUB HOUSES; LIQUOR.] 
    Notwithstanding any contrary provision of law, charter or 
ordinance, the city of St. Paul may by ordinance authorize any 
holder of an "on-sale" liquor license issued by the city to 
dispense intoxicating liquor at any event of definite duration 
on the public premises known as the Phalen Park club house.  The 
event may not be profit making except as a fund raising event 
for a nonprofit organization or a political committee as defined 
in Minnesota Statutes, section 210A.01, subdivision 8.  The 
licensee must be engaged to dispense liquor at the event by a 
person or organization permitted to use the premises and may 
dispense liquor only to persons attending the event.  A 
licensee's authority shall expire upon termination of the 
event.  The authority to dispense liquor shall be granted in 
accordance with the statutes applicable to the issuance of 
"on-sale" liquor licenses in cities of the first class 
consistent with this act.  The dispensing of liquor shall be 
subject to all laws and ordinances governing the dispensing of 
intoxicating liquor that are consistent with this act.  All 
dispensing of liquor shall be in accordance with the conditions 
prescribed by the city.  The conditions may limit the dispensing 
of liquor to designated areas of the facility.  The city may fix 
and assess a fee to be paid to the city by an "on-sale" licensee 
for each event for which the licensee is engaged to dispense 
liquor.  The authority granted by this subdivision shall not 
count as an additional "on-sale" intoxicating liquor license for 
purposes of determining the number of liquor licenses permitted 
to be issued under the provisions of Minnesota Statutes, section 
340.11.  
    Sec. 9.  [ST. PAUL; ON-SALE NONINTOXICATING MALT LIQUOR AND 
ON-SALE WINE LICENSES FOR THE DOWNTOWN COUNCIL.] 
    Notwithstanding sections 340.11, subdivision 20, 340.14, 
subdivision 3, and any other contrary provision of law, charter, 
or ordinance, the governing body of the city of St. Paul may 
issue "on-sale" nonintoxicating malt liquor and "on-sale" wine 
licenses to the St. Paul Downtown Council for use only at the 
annual Taste of Minnesota Festival to commemorate the July 4th 
holiday at the state capitol and on its surrounding property. 
The fee for each license issued under this section is $53.50.  
    Sec. 10.  [MINNETONKA ON-SALE LIQUOR LICENSES.] 
    The city of Minnetonka may issue three on-sale licenses for 
the sale of intoxicating liquor, which licenses shall be in 
addition to the number authorized by Minnesota Statutes, section 
340.11, subdivision 5a.  All other provisions of chapter 340 
shall apply to licenses issued pursuant to this section.  
    Sec. 11.  [LONG PRAIRIE ON-SALE LICENSE.] 
    Notwithstanding the period of incorporation requirement of 
section 340.11, subdivision 11, or any law to the contrary, the 
city of Long Prairie may issue one club on-sale intoxicating 
liquor license to a Moose Lodge located within the city.  The 
fee shall be that required by section 340.11, subdivision 11, 
and all other provisions of chapter 340 not inconsistent with 
this section shall apply to the license.  
    Sec. 12.  [EFFECTIVE DATES.] 
    Section 8 is effective upon approval by the governing body 
of the city of St. Paul and compliance with Minnesota Statutes, 
section 645.021, subdivision 3.  Section 9 is effective upon 
approval by the governing body of the city of St. Paul and 
compliance with Minnesota Statutes, section 645.021, subdivision 
3.  Section 10 is effective upon approval by the governing body 
of the city of Minnetonka and compliance with Minnesota 
Statutes, section 645.021, subdivision 3.  Section 11 is 
effective upon approval by the governing body of the city of 
Long Prairie and compliance with Minnesota Statutes, section 
645.021, subdivision 3.  Sections 1 to 7 are effective the day 
following final enactment. 
    Approved June 6, 1983