Minnesota Session Laws - 1985, Regular Session

  

                         Laws of Minnesota 1985 

                        CHAPTER 308-S.F.No. 1183 
           An act relating to intoxicating liquor; providing for 
          issuance of licenses within Indian country; allowing 
          the sales between collectors of discontinued brands of 
          beer in cans; requiring the licensing of liquor 
          brokers; changing the effective dates for licensing by 
          the charitable gambling board; authorizing the 
          issuance of on-sale licenses in certain theaters in 
          Minneapolis; amending Minnesota Statutes 1984, section 
          340.11, subdivision 15, and by adding a subdivision; 
          Laws 1984, chapter 502, article 12, section 26, as 
          amended; and Laws 1985, chapter 3, section 4; 
          proposing coding for new law in Minnesota Statutes, 
          chapter 340.  
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1984, section 340.11, 
subdivision 15, is amended to read: 
    Subd. 15.  [LICENSES NOT REQUIRED.] It is lawful for a 
brewer to sell intoxicating malt beverages to his employee or to 
a former employee who is retired because of age or physical 
disability.  Such beverages shall be sold for consumption off 
the premises only, and the amount sold to any one person in any 
one week shall not exceed 768 fluid ounces.  The requirements of 
law relating to minimum prices for the sale of intoxicating malt 
beverages shall not apply to sales made under this subdivision, 
nor shall any license be required for the making of such sales.  
It is also lawful for a collector of commemorative bottles, as 
these terms are defined in section 340.44, to sell commemorative 
bottles to another collector without obtaining a license.  It is 
also lawful for a collector of beer cans to sell unopened cans 
of a brand which has not been sold commercially for at least two 
years to another collector without obtaining a license.  The 
amount sold to any one collector in any one month shall not 
exceed 768 fluid ounces.  It is also lawful for an off-sale 
licensee or municipal liquor store to provide samples of wine, 
liqueurs, and cordials which the licensee or municipal liquor 
store currently has in stock and is offering for sale to the 
general public without obtaining an additional license, provided 
the wine, liqueur, and cordial samples are dispensed at no 
charge and consumed on the licensed premises during the 
permitted hours of off-sale in a quantity less than 50 
milliliters of wine per variety per customer and 25 milliliters 
of liqueur or cordial per variety per customer. 
    Sec. 2.  Minnesota Statutes 1984, section 340.11, is 
amended by adding a subdivision to read: 
    Subd. 24.  [ON-SALE AND OFF-SALE LICENSES; INDIAN COUNTRY.] 
Notwithstanding any law to the contrary, on-sale or off-sale 
licenses for the sale of intoxicating liquor or nonintoxicating 
malt liquor issued by the governing body of an Indian tribe in 
accordance with United States Code, title 18, section 1161, to 
an Indian tribal member or Indian tribal entity for an 
establishment located within Indian country as defined under 
United States Code, title 18, section 1154, is valid with the 
approval of the commissioner.  The commissioner shall approve 
the license if the establishment has complied with subdivisions 
5a and 21, and sections 340.12, 340.13, 340.14, 340.73, and 
340.731.  An establishment issued a license under this 
subdivision is not required to obtain a license from any 
municipality, county, or town.  
    Sec. 3.  [340A.317] [LICENSING OF BROKERS.] 
    Subdivision 1.  [DEFINITION.] "Broker" means a person who 
represents a distillery, winery, or importer, and is not an 
employee of the distillery, winery, or importer.  
    Subd. 2.  [LICENSE REQUIRED.] All brokers and their 
employees must obtain a license from the commissioner.  The 
annual license fee for a broker is $300, for an employee of a 
broker the license fee is $12.  An application for a broker's 
license must be accompanied by a written statement from the 
distillery, winery, or importer the applicant proposes to 
represent verifying the applicant's contractual arrangement, and 
must contain a statement that the distillery, winery, or 
importer is responsible for the actions of the broker.  The 
license shall be issued for one year.  The broker, or employee 
of the broker may promote a vendor's product and may call upon 
licensed retailers to insure product identification, give 
advance notice of new products or product changes, and share 
other pertinent market information.  The commissioner may revoke 
or suspend for up to 60 days a broker's license or the license 
of an employee of a broker if the broker or employee has 
violated any provision of chapter 340, or a rule of the 
commissioner relating to alcoholic beverages.  The commissioner 
may suspend for up to 60 days, the importation license of a 
distillery or winery on a finding by the commissioner that its 
broker or employee of its broker has violated any provision of 
chapter 340, or rule of the commissioner relating to alcoholic 
beverages.  
    Subd. 3.  [REPORTS.] A distillery, winery, or broker must 
furnish within 60 days after the end of each month a report to 
the commissioner specifying for that month the type, quantity, 
date, and licensed retailers who received samples from the 
distillery, winery, or broker. 
    Sec. 4.  [ON-SALE THEATER LICENSE.] 
    Notwithstanding Minnesota Statutes, section 340.11, 
subdivision 11, or a charter provision limiting the type of 
premises to be licensed, the city of Minneapolis may issue or 
renew an on-sale intoxicating liquor license issued to a person 
operating a theater that has a seating capacity in excess of 
2,500.  The license shall permit sale and consumption of liquor 
in any portion of the building comprising the licensed 
premises.  All provisions of law and ordinance shall apply to a 
license issued or renewed under this section. 
    Sec. 5.  Laws 1984, chapter 502, article 12, section 26, as 
amended by Laws 1985, chapter 3, section 3, is amended to read: 
    Section 26.  [EFFECTIVE DATE.] 
    Sections 7 and 24 are effective the day following final 
enactment.  Sections 9 and 10 are effective June July 1, 1985.  
All other sections of this article are effective March 1, 1985.  
All licenses issued by local units of government under Minnesota 
Statutes 1982, sections 349.16 and 349.26 expire on February 28, 
1985.  An organization which held a local license to conduct 
lawful gambling on February 28, 1985, or which holds a license 
granted under section 4 may continue to conduct the forms of 
gambling authorized by the local license without a license from 
the board until June July 1, 1985, provided that the 
organization complies with the terms and conditions of the 
license in effect on February 28, 1985, or is in compliance with 
the emergency ordinance adopted under section 4 this act, if 
applicable. 
    Sec. 6.  Laws 1985, chapter 3, section 4, is amended to 
read: 
    Sec. 4.  [CITIES AND COUNTIES; TEMPORARY LICENSING 
AUTHORITY.] 
    A county or home rule charter or statutory city may by 
emergency ordinance establish a system for the licensing of 
organizations to operate gambling devices and to conduct raffles 
from February 28 May 31, 1985, to May 31 June 30, 1985.  The 
system must be consistent with Minnesota Statutes 1982, chapter 
349, and may include provisions to extend licenses in effect 
on February 28 May 31, 1985 until May 31 June 30, 1985 and 
charge a fee for the extension. 
    The emergency ordinance may go into effect without hearing, 
notice, or publication, but the county or city shall promptly, 
after adoption, hold hearings to consider any necessary 
alterations in the ordinance.  No ordinance may remain in effect 
after May 31 June 30, 1985.  This section supersedes any 
inconsistent provision of law, charter, or ordinance. 
    Sec. 7.  [EFFECTIVE DATE.] 
    Section 2 is effective within any Indian reservation where 
the governing body of the tribe having jurisdiction over that 
reservation has adopted an amendment to its tribal ordinance as 
provided by this section.  The amendment to the tribal ordinance 
must provide that a nonintoxicating malt liquor or intoxicating 
liquor license issued to a non-Indian by a city, county, or town 
for an establishment located within Indian country, as defined 
under United States Code, title 18, section 1154, will be 
approved by the governing body of the tribe.  The ordinance must 
also provide that no fee may be charged for approval. 
    Section 4 is effective upon approval by the Minneapolis 
city council and compliance with Minnesota Statutes, section 
645.021.  Sections 5 and 6 are effective the day following final 
enactment. 
    Approved June 7, 1985