Minnesota Session Laws - 1984, Regular Session

  

                         Laws of Minnesota 1984 

                        CHAPTER 626-S.F.No. 1349 
           An act relating to liquor; adding liquor, 
          nonintoxicating malt liquor and food to the list of 
          substances exempted from classification as hazardous 
          substances; redefining restaurants for purposes of 
          licensing in St. Louis, Lake, and Cook counties; 
          permitting exclusive sale of certain liquors by 
          Minnesota wholesalers, distillers, rectifiers, or 
          bottlers; authorizing the use of wine catalogs by 
          off-sale dealers; imposing a moratorium on new 
          off-sale intoxicating liquor licenses issued by towns; 
          allowing the cities of Roseville and West St. Paul to 
          issue on-sale intoxicating liquor licenses in excess 
          of the number authorized by law; increasing the number 
          of on-sale licenses, modifying the transferability 
          thereof, and abolishing liquor patrol limits within 
          the city of St. Paul; allowing the city of St. Paul to 
          issue on-sale intoxicating liquor licenses to the 
          Minnesota Museum of Art and the Ordway Music Theatre; 
          authorizing the Duluth city council to permit the 
          on-sale of liquor at the St. Louis County Heritage and 
          Arts Center by on-sale licensees in the city of 
          Duluth; authorizing the town of Greenwood in St. Louis 
          County to issue one off-sale intoxicating liquor 
          license; repealing certain restrictions on territory 
          in the city of St. Paul where licenses may be issued; 
          amending Minnesota Statutes 1982, sections 340.07, 
          subdivision 14; 340.114, by adding a subdivision; 
          340.15, subdivision 1; and 340.601; Minnesota Statutes 
          1983 Supplement, section 182.651, subdivision 18; 
          repealing Minnesota Statutes 1982, sections 340.57; 
          340.58; 340.59; 340.73, subdivision 2; 340.78; and 
          340.81; and Special Laws 1885, chapter 281, section 6. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:  
    Section 1.  Minnesota Statutes 1983 Supplement, section 
182.651, subdivision 18, is amended to read:  
    Subd. 18.  The following substances or mixtures are not 
hazardous substances if they are:  
    (a) products intended for personal consumption by employees 
in the workplace;  
    (b) consumer products packaged for distribution to, and 
used by, the general public, including any product used by an 
employer or the employer's employees in the same form, 
concentration, and manner as it is sold to consumers, and to the 
employer's knowledge, employee exposure is not significantly 
greater than the consumer exposure occurring during principal 
consumer use of the product;  
    (c) any article, including but not limited to, an item of 
equipment or hardware, which contains a hazardous substance, if 
the substance is present in a solid form which does not create a 
health hazard as a result of being handled by an employee;  
    (d) any hazardous substance that is bound and not released 
under normal conditions of work or in a reasonably foreseeable 
occurrence resulting from workplace operations;  
    (e) products sold or used in retail food sale 
establishments and all other retail trade establishments, 
exclusive of processing and repair work areas; or 
    (f) "liquor" as defined in section 340.07, subdivision 2 or 
"non-intoxicating malt liquor" as defined in section 340.001, 
subdivision 2;  
    (g) "food" as defined in the Federal Food, Drug, and 
Cosmetic Act, United States Code, title 27, section 321, et 
seq.; or 
    (h) any waste material regulated pursuant to the federal 
Resource Conservation and Recovery Act, Public Law 94-580, but 
only with respect to any employer in a business which provides a 
service of collection, processing, or disposal of such waste.  
    The commissioner may, by inclusion in the standards adopted 
pursuant to section 182.655, determine whether any of the 
following may be excluded from the definitions of hazardous 
substance or harmful physical agent:  
    (a) waste products labeled pursuant to the Resource 
Conservation and Recovery Act;  
    (b) any substance received by an employee in a sealed 
package and subsequently sold or transferred in that package, if 
the seal remains intact while the substance is in the employer's 
workplace; or 
    (c) any substance, mixture, or product if present in a 
physical state, volume, or concentration for which there is no 
valid and substantial evidence that a significant risk to human 
health may occur from exposure. 
    Sec. 2.  Minnesota Statutes 1982, section 340.07, 
subdivision 14, is amended to read: 
    Subd. 14.  "Restaurant" means any establishment, other than 
a hotel, under the control of a single proprietor or manager, 
having appropriate facilities for the serving of meals, and 
where, in consideration of payment therefor, meals are regularly 
served at tables to the general public, and which employs an 
adequate staff to provide the usual and suitable service to its 
guests.  In cities of the first class such establishment shall 
have facilities for seating not less than 50 guests at one time; 
in cities of the second and third class and statutory cities of 
over 10,000 population, such establishment shall have facilities 
for seating not less than 30 guests at one time, or such greater 
number as the municipality may determine; and in cities of the 
fourth class and statutory cities of 10,000 population or less, 
in such manner as the municipality shall determine; and in an 
unincorporated or unorganized area of a county other than St. 
Louis, Cook, and Lake counties such establishment shall have 
facilities for seating not less than 100 guests at one time or 
such greater number as the county board may determine; and in an 
unincorporated or unorganized area of St. Louis, Cook, and Lake 
counties the establishment must have facilities for seating not 
less than 50 guests at one time. 
    Sec. 3.  Minnesota Statutes 1982, section 340.114, is 
amended by adding a subdivision to read: 
     Subd. 5.  This section does not apply to intoxicating 
liquor which is: 
     (1) further distilled, refined, rectified, or blended 
within the state; and 
     (2) bottled within the state and labeled with the 
importer's own labels after importation into the state.  
    Sec. 4.  Minnesota Statutes 1982, section 340.15, 
subdivision 1, is amended to read: 
    Subdivision 1.  The unrestricted advertising of 
intoxicating liquor is hereby declared to be contrary to public 
policy.  Reasonable rules and regulations restricting 
advertising to prevent it from counteracting temperance 
education shall be made by the commissioner of public safety.  
No regulation shall be construed as prohibiting the advertising 
of wines by off-sale licensees or municipal liquor stores by 
means of catalogs distributed by direct mail listing not less 
than 25 varieties of wine and the price of each.  
    Sec. 5.  Minnesota Statutes 1982, section 340.601, is 
amended to read:  
    340.601 [IMPORT; TAX EVASION, MISDEMEANOR.] 
    Any A person, excluding persons of minor age and other 
disqualified persons as provided by sections section 340.73 and 
340.78, who enters the state of Minnesota from another state may 
have in his personal possession one quart (32 ounces) of 
intoxicating liquor or fermented malt beverages or who enters 
the state of Minnesota from a foreign country may have in his 
possession one gallon (128 ounces) of intoxicating liquor or ten 
quarts (320 ounces) of fermented malt beverages without the 
required payment of the Minnesota excise tax.  Any A collector 
of commemorative bottles as defined in section 340.44, clauses 
(6) and (7), excluding persons of minor age and other 
disqualified persons as provided by sections section 340.73 and 
340.78, who enters the state of Minnesota from another state may 
have in his personal possession 12 or fewer commemorative 
bottles without the required payment of the Minnesota excise 
tax.  Any A person who shall import imports or have has in 
his possession any such untaxed intoxicating liquor or fermented 
malt beverages in excess of the quantities provided for in this 
section is guilty of a misdemeanor.  The foregoing These 
provisions do not apply to the consignments of alcoholic 
beverages shipped into this state by holders of Minnesota import 
licenses or Minnesota manufacturers and wholesalers of such 
alcoholic beverages when duly licensed by the commissioner or to 
common carriers with licenses to sell intoxicating liquor in 
more than one state.  Any A peace officer, the commissioner, or 
his the commissioner's authorized agents, may seize such untaxed 
liquor. 
    Sec. 6.  [MORATORIUM ON CERTAIN LICENSES.] 
    Notwithstanding the provisions of Minnesota Statutes, 
section 340.11, subdivision 10b, town boards of towns exercising 
powers under Minnesota Statutes, section 368.01, subdivision 1, 
may not issue any new off-sale intoxicating liquor licenses for 
a period of one year beginning with the effective date of this 
section.  Licenses previously issued under section 340.11, 
subdivision 10b, may be renewed.  
    Sec. 7.  [ROSEVILLE LICENSES.] 
    Notwithstanding any law to the contrary, the city of 
Roseville may issue six on-sale intoxicating liquor licenses in 
addition to those authorized by law.  The licenses are subject 
to all other provisions of Minnesota Statutes, chapter 340.  
    Sec. 8.  [WEST ST. PAUL LICENSES.] 
    Notwithstanding any law to the contrary, the city of West 
St. Paul may issue one on-sale intoxicating liquor license in 
addition to those authorized by law.  The license is subject to 
all other provisions of Minnesota Statutes, chapter 340.  
    Sec. 9.  [ST. PAUL, CITY OF, ORDWAY MUSIC THEATRE; LIQUOR 
LICENSE.] 
    In addition to the licenses now authorized by law and 
notwithstanding any law or ordinance to the contrary, the city 
of St. Paul may issue an on-sale liquor license to the governing 
body of the Ordway Music Theatre for the premises known as the 
Ordway Music Theatre.  The license may, with the prior approval 
of the governing body of the Ordway Music Theatre, be used any 
place on the premises of the music theatre by a person, firm, or 
corporation that has contracted for the use of the premises for 
an event or by a caterer of the person, firm, or corporation 
approved by the governing body of the Ordway Music Theatre.  The 
license may be used by the person, firm, corporation, or caterer 
notwithstanding that the person, firm, corporation, or caterer 
may hold on-sale licenses in their own right.  
    Sec. 10.  [ST. PAUL LIQUOR PATROL LIMITS AND ON-SALE 
LICENSES.] 
    Notwithstanding any law or charter provision to the 
contrary, the city of Saint Paul may issue retail intoxicating 
liquor licenses within the territory where sale of intoxicating 
liquor was prohibited by Special Laws 1885, chapter 281, section 
6, in excess of the number authorized by Minnesota Statutes 
1982, sections 340.57 to 340.59, subject to the limitations of 
this section.  
     The number of on-sale intoxicating liquor licenses which 
may be issued by the city of St. Paul shall be determined by the 
city council, and is not subject to the limitation contained in 
Minnesota Statutes, section 340.11, subdivision 5a; except that, 
until 1990, the number may not exceed one license for every 
1,100 population, as determined by the most recent federal 
decennial census or by any special census taken pursuant to law, 
and, until 1990, not more than ten new licenses may be issued in 
any calendar year.  
     Notwithstanding any law or charter or ordinance provision 
to the contrary, on-sale intoxicating liquor licenses issued by 
the city of St. Paul shall be nontransferable after December 31, 
1990.  
    Sec. 11.  [SALE OF LIQUOR AT ST. LOUIS COUNTY HERITAGE AND 
ARTS CENTER.] 
    Notwithstanding any law to the contrary, the Duluth city 
council may by ordinance authorize on-sale intoxicating liquor 
license holders in the city to sell intoxicating liquor at any 
convention, banquet, conference, meeting, or social affair 
conducted on the premises of the St. Louis County Heritage and 
Arts Center when the licensee has been engaged by a person or 
organization authorized by the board of directors of the center 
to use said premises for the event.  Sales shall be made only to 
persons attending the event and shall be subject to all laws and 
ordinances governing the sale of intoxicating liquor not 
inconsistent with this act.  The city council may impose any 
additional restrictions on sales it deems appropriate and may 
fix and assess a fee to be paid by the licensee for each event 
at which sales are made.  The authority granted herein shall not 
be construed to be the granting of an additional on-sale 
intoxicating liquor license in Duluth.  
    Sec. 12.  [TOWN OF GREENWOOD; OFF-SALE LICENSE.] 
    Notwithstanding any law to the contrary, the town board of 
the town of Greenwood in St. Louis County may issue one off-sale 
liquor license to an establishment located within the town, with 
the approval of the commissioner of public safety.  The license 
shall not be issued to a premises located within three miles of 
a municipality operating a municipal liquor store.  The fee for 
the license shall be fixed by the town board in an amount not to 
exceed $500 per year.  A license issued pursuant to this section 
shall otherwise be governed by Minnesota Statutes, chapter 340.  
     Sec. 13.  [ST. PAUL, CITY OF; MINNESOTA MUSEUM OF ART.] 
    In addition to the licenses now authorized by law, and 
notwithstanding any law or ordinance to the contrary, the city 
of St. Paul may issue an on-sale liquor license to the governing 
body of the Minnesota Museum of Art for the premises known as 
the Jemne Building.  The license may, with the prior approval of 
the governing body of the Minnesota Museum of Art, be used any 
place on the premises of the Jemne Building by a person, firm, 
or corporation that has contracted for the use of the premises 
for an event or by a caterer of the person, firm, or corporation 
approved by the governing body of the Minnesota Museum of Art. 
The license may be used by the person, firm, corporation, or 
caterer notwithstanding that the person, firm, corporation, or 
caterer may hold on-sale licenses in their own right.  
    Sec. 14.  [REPEALER.] 
    Minnesota Statutes 1982, sections 340.73, subdivision 2; 
340.78; and 340.81, are repealed.  Minnesota Statutes 1982, 
sections 340.57; 340.58; and 340.59, and Special Laws 1885, 
chapter 281, section 6, are repealed effective August 1, 1984, 
contingent upon the approval of section 10 by the St. Paul city 
council.  
    Sec. 15.  [EFFECTIVE DATE.] 
    Section 2 is effective the day following final enactment. 
Sections 7, 8, 9, 11, and 13 are effective on approval by the 
appropriate governing body and compliance with Minnesota 
Statutes, section 645.021, subdivision 3.  Section 10 is 
effective August 1, 1984, following approval by the St. Paul 
city council and compliance with Minnesota Statutes, section 
645.021, subdivision 3.  Section 12 is effective on approval by 
the Greenwood town board and compliance with Minnesota Statutes, 
section 645.021, subdivision 3. 
    Approved May 2, 1984