Minnesota Session Laws - 1985, Regular Session

  

                         Laws of Minnesota 1985 

                        CHAPTER 200-S.F.No. 1234
           An act relating to liquor; permitting the city of St. 
          Paul to issue temporary on-sale wine licenses to 
          nonprofit charitable, religious, or veterans 
          organizations; providing for the applicability of 
          mandatory liability insurance; amending Minnesota 
          Statutes 1984, section 340.11, subdivision 21. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  [SAINT PAUL; TEMPORARY WINE LICENSES.] 
    Notwithstanding the provisions of any law or charter 
provision to the contrary, and in addition to the number of 
on-sale intoxicating liquor licenses authorized by law or 
charter, the Saint Paul city council may issue to bona fide 
nonprofit charitable, religious, or veterans organizations 
temporary on-sale wine licenses for periods not to exceed three 
consecutive days at a fee to be established by said governing 
body.  The licenses shall authorize the sale of wine not 
exceeding 14 percent alcohol by volume for consumption on the 
licensed premises only, as described on the approved license 
application, on the days described in the license, which may be 
any days of the week. 
    Sec. 2.  Minnesota Statutes 1984, section 340.11, 
subdivision 21, is amended to read: 
    Subd. 21.  [LIABILITY INSURANCE.] Every person licensed to 
sell at retail intoxicating liquor or nonintoxicating malt 
liquor at on-sale or off-sale shall, after August 1, 1983, 
demonstrate proof of financial responsibility with regard to 
liability imposed by section 340.95, to the authority issuing 
the license as a condition of the issuance or renewal of his 
license, provided this subdivision does not apply to licensees 
who by affidavit establish that they are on-sale nonintoxicating 
malt liquor licensees with sales of less than $10,000 of 
nonintoxicating malt liquor for the preceding year, or off-sale 
nonintoxicating malt liquor licensees with sales of less than 
$20,000 of nonintoxicating malt liquor for the preceding year, 
or holders of on-sale wine licenses under subdivision 20 or 
holders of temporary wine licenses issued under law, with sales 
of less than $10,000 of wine for the preceding year.  The 
issuing authority must submit to the commissioner the proof of 
financial responsibility or exemption affidavit submitted by the 
license applicant.  Proof of financial responsibility may be 
given by filing:  
    (a) A certificate that there is in effect for the period 
covered by the license an insurance policy or pool providing the 
following minimum coverages;  
    (1) $50,000 because of bodily injury to any one person in 
any one occurrence, and, subject to the limit for one person, in 
the amount of $100,000 because of bodily injury to two or more 
persons in any one occurrence, and in the amount of $10,000 
because of injury to or destruction of property of others in any 
one occurrence.  
     (2) $50,000 for loss of means of support of any one person 
in any one occurrence, and, subject to the limit for one person, 
$100,000 for loss of means of support of two or more persons in 
any one occurrence; or 
     (b) A bond of a surety company with minimum coverages as 
provided in clause (a), or 
     (c) A certificate of the state treasurer that the licensee 
has deposited with him $100,000 in cash or securities which may 
legally be purchased by savings banks or for trust funds having 
a market value of $100,000.  
     This subdivision does not prohibit a local governing unit 
from requiring higher insurance or bond coverages, or a larger 
deposit of cash or securities than is required hereunder, as a 
condition of issuance or renewal of a retail intoxicating liquor 
or nonintoxicating malt liquor on-sale or off-sale license.  
    The commissioner of commerce shall advise licensees and 
municipalities subject to the financial responsibility 
requirements of this subdivision of those persons offering 
insurance coverage.  The commissioner of commerce shall 
establish a program to assist licensees in obtaining insurance 
coverage.  The program shall include a committee appointed by 
the commissioner of commerce of a representative group of 
insurance carriers and producers.  The commissioner of commerce 
shall serve as an ex officio member of the committee.  The 
committee shall review and act upon all properly executed 
applications requesting liquor liability market assistance.  The 
market assistance program shall be established by the 
commissioner of commerce by August 1, 1983, and shall continue 
to function so long as its services are deemed by the 
commissioner of commerce to be necessary to relieve perceived 
availability problems in the liquor liability insurance market.  
If the committee finds that it cannot assist in securing 
insurance coverage it shall notify the applicant in writing with 
a full explanation and recommendation for enhancing its ability 
to secure insurance.  The commissioner of commerce shall, if 
necessary, establish an assigned risk plan pursuant to 
subdivision 23. 
    Sec. 3.  [EFFECTIVE DATE.] 
    Section 1 is effective upon compliance with Minnesota 
Statutes, section 645.021, subdivision 3, by the governing body 
of the city of Saint Paul. 
    Approved May 23, 1985