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Minnesota Legislature

Office of the Revisor of Statutes

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

  

                         Laws of Minnesota 1987 

                         CHAPTER 27-S.F.No. 128 
           An act relating to liquor; authorizing municipalities 
          to permit holders of both on-sale wine and 
          nonintoxicating malt liquor licenses to sell 
          intoxicating malt liquors; amending Minnesota Statutes 
          1986, section 340A.404, subdivision 5; and Laws 1979, 
          chapter 200, section 1.  
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1986, section 340A.404, 
subdivision 5, is amended to read:  
    Subd. 5.  [WINE LICENSES.] (a) A municipality may issue an 
on-sale wine license with the approval of the commissioner to a 
restaurant having facilities for seating at least 25 guests at 
one time.  A wine license permits the sale of wine of up to 14 
percent alcohol by volume for consumption with the sale of 
food.  A wine license authorizes the sale of wine on all days of 
the week unless the issuing authority restricts the license's 
authorization to the sale of wine on all days except Sundays. 
    (b) The governing body of a municipality may by ordinance 
authorize a holder of an on-sale wine license issued pursuant to 
paragraph (a) who is also licensed to sell nonintoxicating malt 
liquors at on-sale pursuant to section 340A.411, and whose gross 
receipts are at least 60 percent attributable to the sale of 
food, to sell intoxicating malt liquors at on-sale without an 
additional license. 
    Sec. 2.  Laws 1979, chapter 200, section 1, is amended to 
read: 
    Section 1.  (a) Notwithstanding any law to the contrary, 
the governing body of the city of Duluth may by ordinance 
provide that holders of on-sale wine licenses issued pursuant to 
Minnesota Statutes, Section 340.11 340A.404, Subdivision 20 5, 
who are also licensed to sell non-intoxicating malt liquor at 
on-sale pursuant to Minnesota Statutes, Section 340.01 340A.411, 
may make on-sales of beer not exceeding seven percent alcohol by 
weight brewed and bottled outside the United States, without an 
additional license.  Except as herein provided, all such sales 
shall be subject to the applicable provisions of Minnesota 
Statutes, Chapter 340 340A. 
    (b) This section applies only to persons who hold both an 
on-sale wine license and an on-sale non-intoxicating malt liquor 
license on August 1, 1987. 
    Approved April 16, 1987