Minnesota Session Laws - 1987, Regular Session

  

                         Laws of Minnesota 1987 

                        CHAPTER 381-S.F.No. 1114 
           An act relating to intoxicating liquor; limitation on 
          rule-making authority of commissioner; items which may 
          be sold in exclusive liquor stores; specifying 
          counties where certain restrictions on license 
          location apply; specifying establishments where 
          coin-operated devices may not be kept; providing for 
          the continuation of certain licenses in Douglas 
          county; repealing restrictions on beer content; 
          amending Minnesota Statutes 1986, section 299A.02, 
          subdivision 3; 340A.101, subdivision 10; 340A.405, 
          subdivision 2; 340A.410, by adding a subdivision; 
          repealing Minnesota Statutes 1986, sections 34.119; 
          34.12; 34.13; and 34.14. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1986, section 299A.02, 
subdivision 3, is amended to read:  
    Subd. 3.  [REPORTS; RULES.] The commissioner shall have 
power to require periodic factual reports from all licensed 
importers, manufacturers, wholesalers and retailers of 
intoxicating liquors and to make all reasonable rules to effect 
the object of Laws 1985, chapter 305, articles 2 to 11.  The 
rules shall include provisions for assuring the purity of 
intoxicating liquors and the true statement of its contents and 
proper labeling thereof with regard to all forms of sale.  No 
rule may require the use of new containers in aging whiskey.  No 
rule may require cordials or liqueurs to contain in excess of 
2-1/2 percent by weight of sugar or dextrose or both. 
    Sec. 2.  Minnesota Statutes 1986, section 340A.101, 
subdivision 10, is amended to read:  
    Subd. 10.  [EXCLUSIVE LIQUOR STORE.] "Exclusive liquor 
store" is an establishment used exclusively for the sale of 
intoxicating liquor except for the incidental sale of ice, 
tobacco, nonintoxicating malt liquor, beverages for mixing with 
intoxicating liquor, and soft drinks may also be sold, cork 
extraction devices, and books and videos on the use of alcoholic 
beverages in the preparation of food, and the establishment may 
offer recorded or live entertainment and make available 
coin-operated amusement devices. "Exclusive liquor store" also 
includes an on-sale or combination on-sale and off-sale 
intoxicating liquor establishment which sells food for 
on-premise consumption when authorized by the municipality 
issuing the license. 
    Sec. 3.  Minnesota Statutes 1986, section 340A.405, 
subdivision 2, is amended to read:  
    Subd. 2.  [COUNTIES.] (a) A county may issue an off-sale 
intoxicating license with the approval of the commissioner to 
exclusive liquor stores located within unorganized territory of 
the county. 
    (b) A county board of any county except Ramsey county 
containing a town exercising powers under section 368.01, 
subdivision 1, may issue an off-sale license to an exclusive 
liquor store within that town with the approval of the 
commissioner.  No license may be issued under this paragraph 
unless the town board adopts a resolution supporting the 
issuance of the license. 
    (c) A county board of any county except Ramsey county 
containing a town that may not exercise powers under section 
368.01, subdivision 1, may issue a combination off-sale and 
on-sale license to restaurants within that town with the 
approval of the commissioner pursuant to section 340A.404, 
subdivision 6.  No license may be issued under this paragraph 
unless the town board adopts a resolution supporting the 
issuance of the license. 
    (d) No license may be issued under this subdivision unless 
a public hearing is held on the issuance of the license.  Notice 
must be given to all interested parties and to any city located 
within three miles of the premises proposed to be licensed.  At 
the hearing the county board shall consider testimony and 
exhibits presented by interested parties and may base its 
decision to issue or deny a license upon the nature of the 
business to be conducted and its impact upon any municipality, 
the character and reputation of the applicant, and the propriety 
of the location.  Any hearing held under this paragraph is not 
subject to chapter 14. 
    (e) A county board may not issue a license under this 
subdivision to a person for an establishment located less than 
three miles by the most direct route from the boundary of any 
statutory or home rule city except cities of the first class or 
within Pine, Carver, or Kanabec counties within three miles of a 
statutory or home rule city with a municipal liquor store.  
    (f) The town board may impose an additional license fee in 
an amount not to exceed 20 percent of the county license fee. 
    (g) Notwithstanding any provision of this subdivision or 
Laws 1973, chapter 566, as amended by Laws 1974, chapter 200, a 
county board may transfer or renew a license that was issued by 
a town board under Minnesota Statutes 1984, section 340.11, 
subdivision 10b prior to January 1, 1985. 
     Sec. 4.  Minnesota Statutes 1986, section 340A.410, is 
amended by adding a subdivision to read:  
    Subd. 9.  [COIN-OPERATED DEVICES.] Coin-operated amusement 
devices may not be made available in establishments licensed 
solely for the off-sale of intoxicating liquor or municipal 
stores which sell only at off-sale.  An establishment holding a 
combination on-sale and off-sale license or a municipal liquor 
store which sells at on-sale and off-sale which makes 
coin-operated devices available shall keep such devices to the 
greatest extent practicable in that area of the establishment 
where on-sales are made.  
     Sec. 5.  [SUNDAY LICENSES; DOUGLAS COUNTY.] 
    Notwithstanding any law to the contrary, any license for 
the on-sale of intoxicating liquor on Sundays issued by Douglas 
county to an establishment located in a town in which an 
election under Minnesota Statutes, section 340A.504, subdivision 
3, clauses (d) and (e), has not been held may continue in effect 
and be renewed until the date of the next town meeting, and may 
continue in effect and be renewed after that date if the 
issuance of Sunday intoxicating liquor on-sale licenses is 
approved by the voters of the town at that town meeting. 
    Sec. 6.  [REPEALER.] 
    Minnesota Statutes 1986, sections 34.119, 34.12, 34.13, and 
34.14 are repealed. 
    Sec. 7.  [EFFECTIVE DATE.] 
     Section 5 is effective on approval by the Douglas county 
board and compliance with Minnesota Statutes, section 645.021, 
subdivision 3. 
    Approved June 2, 1987