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Office of the Revisor of Statutes

Key: (1) language to be deleted (2) new language

  

                         Laws of Minnesota 1985 

                         CHAPTER 88-H.F.No. 602 
           An act relating to alcoholic beverages; allowing 
          certain extensions of credit; amending Minnesota 
          Statutes 1984, sections 340.031, subdivision 2; and 
          340.405.  
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1984, section 340.031, 
subdivision 2, is amended to read: 
    Subd. 2.  No manufacturer or wholesaler shall, directly or 
indirectly, or through a subsidiary or affiliate corporation, or 
by any officer, director, stockholder, or partner thereof, give, 
lend, or advance any money, credit, or other thing of value to 
any retailer or to any person for the benefit or relief of any 
retailer, nor furnish, give, lend, lease, or sell to any person 
any furniture, fixtures, fittings, or equipment; nor shall any 
manufacturer or wholesaler, directly or indirectly, have any 
interest in, or pay for, any retail licenses, or advance, 
furnish, lend, or give money for the payment of retail license 
fees or any expense incident to the obtaining of a license; nor 
shall any manufacturer or wholesaler become bound in any manner, 
directly or indirectly, for the repayment of any loan made to, 
or the fulfillment of any financial obligation of, any retailer; 
except that manufacturers or wholesalers may: 
    (a) furnish, lend, or rent outside signs to retailers, 
provided the cost of such signs, in the aggregate, furnished, 
lent, or rented by any manufacturer or wholesaler to any 
retailer shall not exceed $100, exclusive of erection, 
installation, and repair charges; (b) furnish inside signs, 
miscellaneous advertising matter, and other items not to exceed, 
in the aggregate, a cost of $100 in any calendar year to any one 
retailer; (c) furnish or maintain for retailers equipment 
designed and intended to preserve and maintain the sanitary 
dispensing of non-intoxicating malt liquors, provided the 
expense incurred thereby does not exceed the sum of $100 per tap 
per calendar year, no part of which shall be paid in cash to any 
retailer; (d) lease or lend to the owner of the premises, or to 
any retailer now or hereafter occupying the premises, any 
furniture, fixtures, fittings, and equipment actually located on 
said premises on April 16, 1943; (e) extend customary commercial 
credit to a retailer in connection with a sale of nonalcoholic 
beverages only. 
    Any retailer who shall be a party to any violation of this 
subdivision or who shall receive the benefits thereof shall be 
equally guilty of a violation of the provisions thereof and 
shall be subject to the penalty hereinafter provided. 
    Any person who shall violate the provisions of this 
subdivision is guilty of a gross misdemeanor, and each violation 
shall constitute a separate offense. 
    Sec. 2.  Minnesota Statutes 1984, section 340.405, is 
amended to read: 
    340.405 [BREWERS, WHOLESALERS; NOT TO BE RETAILERS.] 
    No brewer or wholesaler shall, either directly or 
indirectly, own or control, or have any financial interest in, 
any retail business selling intoxicating malt liquor; but this 
restriction shall not be construed to deny such person the right 
to use or have his property rented for this purpose in any case 
where the brewer or wholesaler was a bona fide owner of the 
premises prior to November 1, 1933.  No brewer or wholesaler 
shall, directly or indirectly, or through a subsidiary or 
affiliate corporation, or by any officer, director, stockholder, 
or partner thereof, give, lend, or advance any money, credit, or 
other thing of value to any retailer or to any person for the 
benefit or relief of any retailer, nor furnish, give, lend, 
lease, or sell to any person any furniture, fixtures, fittings, 
or equipment; nor shall any brewer or wholesaler, directly or 
indirectly, have any interest in, or pay for, any retail 
license, or advance, furnish, lend, or give money for the 
payment of retail license fees or any expense incident to the 
obtaining of a license; nor shall any brewer or wholesaler 
become bound in any manner, directly or indirectly, for the 
repayment of any loan made to, or the fulfillment of any 
financial obligation of, any retailer, except that brewers or 
wholesalers may:  (1) furnish, lend, or rent outside signs to 
retailers, provided the cost of the signs, in the aggregate, 
furnished, lent or rented by any brewer or wholesaler to any 
retailer, including signs authorized by section 340.02, shall 
not exceed $100, exclusive of erection, instalation and repair 
charges; but nothing herein shall be construed as affecting 
signs owned and located in the state on the effective date 
hereof by any brewer or wholesaler; (2) furnish inside signs, 
miscellaneous advertising matter and other items not to exceed, 
in the aggregate, including similar items authorized by section 
340.02, a cost of $100 in any calendar year to any one retailer; 
(3) furnish or maintain for retailers equipment designed and 
intended to preserve and maintain the sanitary dispensing of 
intoxicating malt liquors, provided the expense incurred thereby 
does not exceed the sum of $100 per tap per calendar year, no 
part of which shall be paid in cash to any retailer; (4) extend 
customary commercial credit to a retailer in connection with a 
sale of nonalcoholic beverages only. 
    Approved May 8, 1985