Minnesota Session Laws - 1987, Regular Session

  

                         Laws of Minnesota 1987 

                        CHAPTER 328-H.F.No. 294 
           An act relating to intoxicating liquor; permitting 
          certain transactions by brewers and wholesalers; 
          authorizing counties to issue temporary on-sale 
          licenses; authorizing cities to issue temporary 
          off-sale licenses for the sale of vintage wine at 
          auctions; amending Minnesota Statutes 1986, sections 
          340A.308; 340A.404, subdivision 10; and 340A.405, by 
          adding a subdivision. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1986, section 340A.308, is 
amended to read: 
    340A.308 [PROHIBITED TRANSACTIONS.] 
    (a) No brewer or malt liquor wholesaler may directly or 
indirectly, or through an affiliate or subsidiary company, or 
through an officer, director, stockholder, or partner: 
    (1) give, or lend money, credit, or other thing of value to 
a retailer; 
    (2) give, lend, lease, or sell furnishing or equipment to a 
retailer; 
    (3) have an interest in a retail license; or 
    (4) be bound for the repayment of a loan to a retailer. 
    (b) This section does not prohibit a manufacturer or 
wholesaler from: 
    (1) furnishing, lending, or renting to a retailer outside 
signs, of a cost of up to $100 excluding installation and repair 
costs; 
    (2) furnishing, lending, or renting to a retailer inside 
signs and other promotional material, of a cost of up to $100 in 
a year; 
    (3) furnishing to or maintaining for a retailer equipment 
for dispensing malt liquor, including tap trailers, cold plates 
and other dispensing equipment, of a cost of up to $100 per tap 
in a year; 
    (4) using or renting property owned continually since 
November 1, 1933, for the purpose of selling intoxicating or 
nonintoxicating malt liquor at retail; or 
    (5) extending customary commercial credit to a retailer in 
connection with a sale of nonalcoholic beverages only, or 
engaging in cooperative advertising agreements with a retailer 
in connection with the sale of nonalcoholic beverages only. 
    Sec. 2.  Minnesota Statutes 1986, section 340A.404, 
subdivision 10, is amended to read: 
    Subd. 10.  [TEMPORARY ON-SALE LICENSES.] The governing body 
of a statutory or home rule city municipality may issue to a 
club or charitable, religious, or other nonprofit organization 
in existence for at least three years a temporary license for 
the on-sale of intoxicating liquor in connection with a social 
event within the city municipality sponsored by the licensee.  
The license may authorize the on-sale of intoxicating liquor for 
not more than three consecutive days, and may authorize on-sales 
on premises other than premises the licensee owns or permanently 
occupies.  The license may provide that the licensee may 
contract for intoxicating liquor catering services with the 
holder of a full-year on-sale intoxicating liquor license issued 
by a any municipality.  The licenses are subject to the terms, 
including a license fee, imposed by the issuing city 
municipality.  Licenses issued under this subdivision are 
subject to all laws and ordinances governing the sale of 
intoxicating liquor except section 340A.409 and those laws and 
ordinances which by their nature are not applicable.  Licenses 
under this subdivision are not valid unless first approved by 
the commissioner of public safety. 
    A county under this section may issue a temporary license 
only to a premises located in the unincorporated or unorganized 
territory of the county. 
    Sec. 3.  Minnesota Statutes 1986, section 340A.405, is 
amended by adding a subdivision to read: 
    Subd. 5.  [TEMPORARY OFF-SALE LICENSES; WINE AUCTIONS.] (a) 
The governing body of a city may issue a temporary license for 
the off-sale of wine at an auction with the approval of the 
commissioner.  A license issued under this subdivision 
authorizes the sale of only vintage wine of a brand and vintage 
that is not commonly being offered for sale by any wholesaler in 
Minnesota.  The license may authorize the off-sale of wine for 
not more than three consecutive days provided not more than 600 
cases of wine are sold at any auction.  The licenses are subject 
to the terms, including license fee, imposed by the issuing 
city.  Licenses issued under this subdivision are subject to all 
laws and ordinances governing the sale of intoxicating liquor 
except section 340A.409 and those laws and ordinances which by 
their nature are not applicable.  
    (b) As used in the subdivision, "vintage wine" means 
bottled wine which is at least ten years old. 
    Sec. 4.  [EFFECTIVE DATE.] 
    This act is effective the day following final enactment. 
    Approved May 29, 1987