Minnesota Session Laws - 1985, Regular Session

  

                         Laws of Minnesota 1985 

                        CHAPTER 139-H.F.No. 308 
           An act relating to intoxicating liquor; hours for 
          Sunday sale; amending Minnesota Statutes 1984, section 
          340.14, subdivision 5. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1984, section 340.14, 
subdivision 5, is amended to read: 
    Subd. 5.  [SUNDAY SALES.] (a) Notwithstanding the 
provisions of subdivision 1, in any municipality establishments 
to which on sale licenses have been issued or hereafter may be 
issued for the sale of intoxicating liquors which are hotels or 
restaurants or clubs as defined in section 340.07, and which 
have facilities for serving not less than 30 guests at one time, 
may serve intoxicating liquors between the hours of 12 o'clock 
noon and 12 o'clock midnight on Sundays in conjunction with the 
serving of food.  The governing body of any municipality within 
the seven county metropolitan area, as defined in section 
473.121, subdivision 2, may after one public hearing, adopt an 
ordinance that allows the licensees to serve intoxicating 
liquors between the hours of 10 o'clock a.m. and 12 o'clock 
midnight on Sundays in conjunction with the serving of food, 
provided that the licensee establishment is in conformance with 
the Minnesota Clean Indoor Air Act.  
    (b) It is unlawful for any such establishment, directly or 
indirectly, to sell or serve such intoxicating liquors as 
provided in paragraph (a) above, without having first obtained a 
special license from the municipality therefor.  Such special 
license may be issued by the governing body of the municipality 
for a period of one year and for such a fee as it shall 
determine, but not exceeding $200.  The special license may be 
revoked by the governing body, for cause.  The provisions of 
section 340.112 shall apply to such license.  Application for 
the special license shall be made to the governing body of the 
municipality in the same manner as application for other 
licenses to sell intoxicating liquor are made. 
     (c) This subdivision shall not apply to any municipality 
until authorized by the voters of the municipality voting on the 
question at a special election called for such purpose or at the 
general election in the municipality, the election to be 
conducted in accordance with the applicable provisions of the 
Minnesota election law.  Provided, however, that municipal voter 
approval shall not be required in the case of major airports 
operated by public corporations organized and existing under 
sections 473.601 to 473.679, which are operated by such public 
corporations as terminals for regular, scheduled air passenger 
service where the lands or any part thereof constituting the 
same have been detached from cities under and pursuant to 
sections 473.625 to 473.631, nor in the case of common carriers 
licensed under the provisions of sections 340.11, subdivision 3, 
and 340.12 and any license to sell intoxicating liquors on 
Sunday issued to a common carrier by the commissioner of public 
safety shall, in addition to all other license fees, require the 
payment to the commissioner of public safety of a fee of $50 per 
annum plus a fee of $5 for each duplicate of said license 
required to be posted in each place where intoxicating liquor is 
sold by said common carrier. 
      (d) An election conducted in a town on the question of the 
issuance by the county of Sunday sales licenses to 
establishments located in the town shall be held on the day of 
the annual election of town officers. 
    Approved May 17, 1985