Minnesota Session Laws - 1985, Regular Session

  

                         Laws of Minnesota 1985 

                        CHAPTER 117-H.F.No. 603 
           An act relating to non-intoxicating malt liquor; 
          permitting holders of on-sale and off-sale 
          intoxicating liquor licenses to sell non-intoxicating 
          malt liquor without further license; defining low 
          alcohol malt liquor and prescribing labeling; amending 
          Minnesota Statutes 1984, sections 340.02, subdivisions 
          2 and 3; and 340.07, by adding a subdivision.  
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1984, section 340.02, 
subdivision 2, is amended to read:  
    Subd. 2.  ["ON-SALE" FEES.] Retail "on-sale" licenses shall 
permit the licensee to sell such non-intoxicating malt liquors 
for consumption on the licensed premises, and the license fee 
therefor shall be fixed by and paid to the county or 
municipality wherein the premises are situated.  "On-sale" 
licenses shall be granted only to drug stores, restaurants, 
hotels, bona fide clubs, and establishments for the sale of 
non-intoxicating malt beverages, cigars, cigarettes, all forms 
of tobacco, beverages, and soft drinks at retail.  Any person 
licensed to sell intoxicating liquor at on-sale shall not be 
required to obtain an on-sale license under this subdivision, 
and may sell non-intoxicating malt beverages at on-sale without 
further license.  A club or charitable, religious, or non-profit 
organization may be issued a temporary "on-sale" license for the 
sale of non-intoxicating malt liquor on and off school grounds, 
and in and out of schoolhouses and school buildings.  The 
temporary licenses shall be subject to such terms, including a 
license fee, as the issuing county or municipality shall 
prescribe.  
    Sec. 2.  Minnesota Statutes 1984, section 340.02, 
subdivision 3, is amended to read:  
    Subd. 3.  ["OFF-SALE"; FEES.] Retail "off-sale" licenses 
shall permit the licensee to sell non-intoxicating malt liquors 
in original packages for consumption off the premises only, and 
the license fee therefor shall be fixed by and paid to the 
county or municipality wherein the premises are situated.  Any 
person licensed to sell intoxicating liquor at off-sale shall 
not be required to obtain an off-sale license under this 
subdivision, and may sell non-intoxicating malt beverages at 
off-sale without further license.  
    Sec. 3.  Minnesota Statutes 1984, section 340.07, is 
amended by adding a subdivision to read: 
    Subd. 18.  "Low alcohol malt liquor" means a fermented malt 
beverage containing two percent or less of alcohol by weight.  
Notwithstanding any law or rule to the contrary, if either; (a) 
the term "low alcohol" appears on the label of the beverage 
container; or (b) a brewer has provided written certification to 
the department of public safety establishing an alcoholic 
content of two percent or less by weight; no further label shall 
be required on that container. 
    Sec. 4.  [EFFECTIVE DATE.] 
    This act is effective the day following final enactment. 
    Approved May 14, 1985