Minnesota Session Laws - 1985, Regular Session

  

                         Laws of Minnesota 1985 

                        CHAPTER 263-H.F.No. 1233
           An act relating to intoxicating liquor; permitting 
          counties and certain towns to issue off-sale licenses 
          and combination licenses in towns; amending Minnesota 
          Statutes 1984, section 340.11, subdivisions 10a and 
          10b. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1984, section 340.11, 
subdivision 10a, is amended to read:  
    Subd. 10a.  [OFF-SALE LICENSES; CERTAIN COUNTIES.] (1) (a) 
Off-sale licenses may be issued for the sale of intoxicating 
liquors by certain counties herein provided for. 
    (2) (b) A county board of any county containing unorganized 
area may issue an off-sale liquor license within any unorganized 
area of the county to an exclusive liquor store with the 
approval of the commissioner of public safety. 
    (c) A county board of any county except Ramsey county 
containing a town exercising powers under section 368.01, 
subdivision 1, may issue an off-sale license to an exclusive 
liquor store within that town with the approval of the 
commissioner.  No license may be issued under this paragraph 
unless the town board adopts a resolution supporting the 
issuance of the license. 
    (d) A county board of any county except Ramsey county 
containing a town that may not exercise powers under section 
368.01, subdivision 1, may issue a combination off-sale and 
on-sale license to restaurants within that town with the 
approval of the commissioner pursuant to section 340.11, 
subdivision 10.  No license may be issued under this paragraph 
unless the town board adopts a resolution supporting the 
issuance of the license. 
    (e) No license may be issued under this subdivision unless 
a public hearing is held on the issuance of the license.  Notice 
must be given to all interested parties and to any city located 
within three miles of the premises proposed to be licensed.  At 
the hearing the county board shall consider testimony and 
exhibits presented by interested parties and may base its 
decision to issue or deny a license upon the nature of the 
business to be conducted and its impact upon any municipality, 
the character and reputation of the applicant, and the propriety 
of the location.  Any hearing held under this paragraph is not 
subject to chapter 14. 
    (f) A county board may not issue a license under this 
subdivision to a person for an establishment located less than 
three miles by the most direct route from the boundary of any 
statutory or home rule city except cities of the first class or 
within Pine or Kanabec counties within three miles of a 
statutory or home rule city with a municipal liquor store.  
    (g) All licenses issued pursuant to this clause subdivision 
shall be governed by the appropriate provisions of the 
intoxicating liquor act except as otherwise provided herein.  
The license fee for an off-sale license issued pursuant to this 
section shall be fixed by the county board in an amount not to 
exceed $500.  The town board may impose an additional license 
fee in an amount not to exceed 20 percent of the county license 
fee. 
    (h) Notwithstanding any provision of this subdivision or 
Laws 1973, chapter 566, as amended by Laws 1974, chapter 200, a 
county board may transfer or renew a license that was issued by 
a town board under subdivision 10b prior to January 1, 1985. 
    Sec. 2.  Minnesota Statutes 1984, section 340.11, 
subdivision 10b, is amended to read: 
    Subd. 10b.  [OFF-SALE LICENSES; TOWNS.] The town board of 
any town exercising powers pursuant to section 368.01, 
subdivision 1, within Ramsey county, may issue off-sale licenses 
for the sale of intoxicating liquor to exclusive liquor stores 
with the approval of the commissioner of public safety.  
Licenses issued under this subdivision shall be governed by the 
appropriate provisions of the intoxicating liquor act except as 
provided otherwise by this subdivision.  The fee for a license 
shall be fixed by the board in an amount not to exceed $500. 
    Approved May 30, 1985