Minnesota Session Laws - 1986, Regular Session

  

                         Laws of Minnesota 1986 

                          CHAPTER 330-S.F.No. 5
           An act relating to liquor; increasing the age for 
          licensing, consumption, furnishing, purchasing, or 
          possessing liquor or entering a licensed 
          establishment; requiring information on alcohol and 
          driving; providing that 25 percent of drivers license 
          reinstatement fee is credited to the alcohol impaired 
          driver education account; providing that records of 
          liquor-related convictions of 18, 19, and 20-year-olds 
          are confidential; providing that local governments may 
          not presume intent to consume liquor; providing that 
          persons under 21 may enter liquor establishments for 
          certain purposes; prohibiting certain on-campus events 
          sponsored by manufacturers, wholesalers, and retailers 
          of alcoholic beverages; providing that persons born on 
          or before September 1, 1967, are treated as 
          21-year-olds for purposes of the liquor laws; 
          appropriating money; amending Minnesota Statutes 1984, 
          sections 171.06, subdivision 3; and 171.13, by adding 
          a subdivision; and Minnesota Statutes 1985 Supplement, 
          sections 171.29, subdivision 2; 340A.301, subdivision 
          2; 340A.402; 340A.503; and 340A.507, by adding a 
          subdivision. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1984, section 171.06, 
subdivision 3, is amended to read: 
    Subd. 3.  [CONTENTS OF APPLICATION.] Every application 
shall state the full name, date of birth, sex and residence 
address of the applicant, a description of the applicant in such 
manner as the commissioner may require, and shall state whether 
or not the applicant has theretofore been licensed as a driver; 
and, if so, when and by what state or country and whether any 
such license has ever been suspended or revoked, or whether an 
application has ever been refused; and, if so, the date of and 
reason for such suspension, revocation, or refusal, together 
with such facts pertaining to the applicant and his ability to 
operate a motor vehicle with safety as may be required by the 
commissioner.  The application form shall contain a notification 
to the applicant of the availability of the donor document 
provided pursuant to section 171.07, subdivision 5, and shall 
contain spaces where the applicant must indicate a desire to 
receive or not to receive the donor document.  The application 
shall be in the form prepared by the commissioner.  
    The application form must be accompanied by a pamphlet 
containing relevant facts relating to: 
    (1) the effect of alcohol on driving ability; 
    (2) the effect of mixing alcohol with drugs; 
    (3) the laws of Minnesota relating to operation of a motor 
vehicle while under the influence of alcohol or a controlled 
substance; and 
    (4) the levels of alcohol-related fatalities and accidents 
in Minnesota and of arrests for alcohol-related violations. 
    Sec. 2.  Minnesota Statutes 1984, section 171.13, is 
amended by adding a subdivision to read: 
    Subd. 1b.  [DRIVER'S MANUAL.] The commissioner shall 
include in each edition of the driver's manual published by the 
department a chapter relating to the effect of alcohol 
consumption on highway safety and on the ability of drivers to 
safely operate motor vehicles and a summary of the laws of 
Minnesota on operating a motor vehicle while under the influence 
of alcohol or a controlled substance. 
    Sec. 3.  Minnesota Statutes 1985 Supplement, section 
171.29, subdivision 2, is amended to read: 
    Subd. 2.  (a) A person whose drivers license has been 
revoked as provided in subdivision 1, except under section 
169.121 or 169.123, shall pay a $30 fee before his drivers 
license is reinstated. 
    (b) A person whose drivers license has been revoked as 
provided in subdivision 1 under section 169.121 or 169.123 shall 
pay a $150 fee before his or her drivers license is 
reinstated; to be credited as follows: 
    (1) 50 percent of this fee shall be credited to the trunk 
highway fund and 50; 
    (2) 25 percent shall be credited to a separate account to 
be known as the county probation reimbursement account.  Money 
in this account is appropriated to the commissioner of 
corrections for the costs that counties assume under Laws 1959, 
chapter 698, of providing probation and parole services to wards 
of the commissioner of corrections.  This money is provided in 
addition to any money which the counties currently receive under 
section 260.311, subdivision 5; and 
    (3) 25 percent shall be credited to a separate account to 
be known as the alcohol impaired driver education account.  
Money in the account is appropriated to the commissioner of 
education for grants to develop alcohol impaired driver 
education programs in elementary, secondary, and post-secondary 
schools.  The state board of education shall establish 
guidelines for the distribution of the grants.  The commissioner 
of education shall report to the legislature by January 15, 
1988, on the expenditure of grant funds under this clause. 
    Sec. 4.  Minnesota Statutes 1985 Supplement, section 
340A.301, subdivision 2, is amended to read: 
    Subd. 2.  [PERSONS ELIGIBLE.] Licenses under this section 
may be issued only to a person who: 
    (1) is a citizen of the United States or a resident alien; 
    (2) is of good moral character and repute; 
    (3) is 19 21 years of age or older; 
    (4) has not had a license issued under this chapter revoked 
within five years of the date of license application, or to any 
person who at the time of the violation owns any interest, 
whether as a holder of more than five percent of the capital 
stock of a corporation licensee, as a partner or otherwise, in 
the premises or in the business conducted thereon, or to a 
corporation, partnership, association, enterprise, business, or 
firm in which any such person is in any manner interested; and 
    (5) has not been convicted within five years of the date of 
license application of a felony, or of a willful violation of a 
federal or state law, or local ordinance governing the 
manufacture, sale, distribution, or possession for sale or 
distribution of alcoholic beverages. 
    Sec. 5.  Minnesota Statutes 1985 Supplement, section 
340A.402, is amended to read: 
    340A.402 [PERSONS ELIGIBLE.] 
    No retail license may be issued to: 
    (1) a person not a citizen of the United States or a 
resident alien; 
    (2) a person under 19 21 years of age; 
    (3) a person who within five years of the license 
application has been convicted of a willful violation of a 
federal or state law or local ordinance governing the 
manufacture, sale, distribution, or possession for sale or 
distribution, of intoxicating or nonintoxicating malt liquors; 
    (4) a person who has had an intoxicating liquor or 
nonintoxicating liquor license revoked within five years of the 
license application, or to any person who at the time of the 
violation owns any interest, whether as a holder of more than 
five percent of the capital stock of a corporation licensee, as 
a partner or otherwise, in the premises or in the business 
conducted thereon, or to a corporation, partnership, 
association, enterprise, business, or firm in which any such 
person is in any manner interested; or 
    (5) a person not of good moral character and repute.  
    Sec. 6.  Minnesota Statutes 1985 Supplement, section 
340A.503, is amended to read: 
    340A.503 [PERSONS UNDER 19 21; ILLEGAL ACTS.] 
    Subdivision 1.  [CONSUMPTION.] It is unlawful for any: 
    (1) retail intoxicating liquor or nonintoxicating liquor 
licensee or bottle club permit holder under section 340A.414, to 
permit any person under the age of 19 21 years to consume 
alcoholic beverages on the licensed premises; or 
    (2) person under the age of 19 21 years to consume any 
alcoholic beverages unless in the household of the person's 
parent or guardian and with the consent of the parent or 
guardian. 
    Subd. 2.  [PURCHASING.] It is unlawful for any person: 
    (1) to sell, barter, furnish, or give alcoholic beverages 
to a person under 19 21 years of age, except that a parent or 
guardian of a person under the age of 19 21 years may give or 
furnish alcoholic beverages to that person solely for 
consumption in the household of the parent or guardian; 
    (2) under the age of 19 21 years to purchase or attempt to 
purchase any alcoholic beverage; or 
    (3) to induce a person under the age of 19 21 years to 
purchase or procure any alcoholic beverage. 
    Subd. 3.  [POSSESSION.] It is unlawful for a person under 
the age of 19 21 years to possess any alcoholic beverage with 
the intent to consume it at a place other than the household of 
the person's parent or guardian.  Possession at a place other 
than the household of the parent or guardian is prima facie 
evidence of intent to consume it at a place other than the 
household of the parent or guardian. 
    Subd. 4.  [ENTERING LICENSED PREMISES.] (a) It is unlawful 
for a person under the age of 19 21 years to enter an 
establishment licensed for the sale of alcoholic beverages or 
any municipal liquor store for the purpose of purchasing or 
having served or delivered any alcoholic beverage.  
    (b) Notwithstanding section 340A.509, no ordinance enacted 
by a statutory or home rule charter city may prohibit a person 
18, 19, or 20 years old from entering an establishment licensed 
under this chapter to: 
    (1) perform work for the establishment, including the 
serving of alcoholic beverages, unless otherwise prohibited by 
section 340A.412, subdivision 10; 
    (2) consume meals; and 
    (3) attend social functions that are held in a portion of 
the establishment where liquor is not sold. 
    Subd. 5.  [MISREPRESENTATION OF AGE.] It is unlawful for a 
person under the age of 19 21 years to misrepresent his or her 
age for the purpose of purchasing alcoholic beverages. 
    Subd. 6.  [PROOF OF AGE.] Proof of age for purchasing or 
consuming alcoholic beverages may be established only by a valid 
drivers license or Minnesota identification card, or in the case 
of a foreign national by a valid passport. 
    Subd. 7.  [RECORD OF VIOLATION.] If a person who is 18, 19, 
or 20 years old is convicted of a violation under this section, 
none of the records of the court, including legal records, shall 
be open to public inspection or their contents disclosed except 
by order of the court. 
    Sec. 7.  Minnesota Statutes 1985 Supplement, section 
340A.507, is amended by adding a subdivision to read: 
    Subd. 4.  [CAMPUS CONTESTS RESTRICTED.] No manufacturer, 
wholesaler, or retailer of alcoholic beverages, whether holding 
a license in Minnesota or not, may conduct, sponsor, or 
contribute financially to events or activities that are held on 
the campuses or other property of a post-secondary institution 
of learning, and involve the consumption or sale of alcoholic 
beverages.  This subdivision does not affect on-campus, licensed 
retailers of alcholic beverages. 
    Sec. 8.  [CERTAIN PERSONS EXCEPTED.] 
    A person who was born on or before September 1, 1967, may 
continue to purchase and consume alcoholic beverages and shall 
be treated for purposes of Minnesota Statutes, chapter 340A, as 
a person who is 21 years old. 
    Sec. 9.  [EFFECTIVE DATE.] 
    Sections 1, 2, and 4 to 8 are effective September 1, 1986.  
Section 3 is effective July 1, 1987. 
    Approved March 17, 1986