Minnesota Session Laws - 1989, Regular Session

  

                         Laws of Minnesota 1989 

                         CHAPTER 49-S.F.No. 358 
           An act relating to liquor; clarifying license 
          eligibility; changing the time of sale on certain 
          holidays; allowing for the dispensing of samples of 
          malt liquor; repealing bond requirement for retail 
          licensees; authorizing the town board of Canosia 
          township to issue an off-sale license; amending 
          Minnesota Statutes 1988, sections 340A.402; 340A.405, 
          subdivision 1; 340A.504, subdivisions 2, 3, and 4; and 
          340A.510; repealing Minnesota Statutes 1988, section 
          340A.412, subdivision 1. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
     Section 1.  Minnesota Statutes 1988, 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 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) (4) a person not of good moral character and repute.  
    In addition, no new retail license may be issued to, and 
the governing body of a municipality may refuse to renew the 
license of, 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 an alcoholic beverage. 
    Sec. 2.  Minnesota Statutes 1988, section 340A.405, 
subdivision 1, is amended to read: 
    Subdivision 1.  [CITIES.] A city may issue with the 
approval of the commissioner, an off-sale intoxicating liquor 
license to an exclusive liquor store or to a drugstore.  Cities 
of the first class may also issue an off-sale license to a 
general food store.  A city of the first class may issue an 
off-sale license to a general food store to which an off-sale 
license had been issued on the effective date of this section. 
    Sec. 3.  Minnesota Statutes 1988, section 340A.504, 
subdivision 2, is amended to read: 
    Subd. 2.  [INTOXICATING LIQUOR; ON-SALE.] No sale of 
intoxicating liquor for consumption on the licensed premises may 
be made: 
    (1) between 1:00 a.m. and 8:00 a.m. on the days of Tuesday 
Monday through Saturday; 
    (2) between 12:00 midnight and 8:00 a.m. on Mondays; 
    (3) after 1:00 a.m. on Sundays, except as provided by 
subdivision 3; 
    (4) (3) between 8:00 p.m. on December 24 and 8:00 a.m. on 
December 25, except as provided by subdivision 3. 
    Sec. 4.  Minnesota Statutes 1988, section 340A.504, 
subdivision 3, is amended to read: 
    Subd. 3.  [INTOXICATING LIQUOR; SUNDAY SALES; ON-SALE.] (a) 
A restaurant, club, bowling center, or hotel with a seating 
capacity for at least 30 persons and which holds an on-sale 
intoxicating liquor license may sell intoxicating liquor for 
consumption on the premises in conjunction with the sale of food 
between the hours of 12:00 noon on Sundays and 12:00 midnight on 
Sundays 1:00 a.m. on Mondays. 
    (b) The governing body of a municipality may after one 
public hearing by ordinance permit a restaurant, hotel, bowling 
center, or club to sell intoxicating liquor for consumption on 
the premises in conjunction with the sale of food between the 
hours of 10:00 a.m. on Sundays and 12:00 midnight on Sundays 
1:00 a.m. on Mondays, provided that the licensee is in 
conformance with the Minnesota clean air act. 
    (c) An establishment serving intoxicating liquor on Sundays 
must obtain a Sunday license.  The license must be issued by the 
governing body of the municipality for a period of one year, and 
the fee for the license may not exceed $200. 
    (d) A municipality may issue a Sunday intoxicating liquor 
license only if authorized to do so by the voters of the 
municipality voting on the question at a general or special 
election. 
    (e) An election conducted in a town on the question of the 
issuance by the county of Sunday sales licenses to 
establishments located in the town must be held on the day of 
the annual election of town officers. 
    (f) Voter approval is not required for licenses issued by 
the metropolitan airports commission or common carrier licenses 
issued by the commissioner.  Common carriers serving 
intoxicating liquor on Sunday must obtain a Sunday license from 
the commissioner at an annual fee of $50, plus $5 for each 
duplicate. 
    Sec. 5.  Minnesota Statutes 1988, section 340A.504, 
subdivision 4, is amended to read: 
    Subd. 4.  [INTOXICATING LIQUOR; OFF-SALE.] No sale of 
intoxicating liquor may be made by an off-sale licensee: 
    (1) on Sundays; 
    (2) before 8:00 a.m. on Monday through Saturday; 
    (3) after 10:00 p.m. on Monday through Saturday at an 
establishment located in a city other than a city of the first 
class or within a city located within 15 miles of a city of the 
first class in the same county; 
    (4) after 8:00 p.m. on Monday through Thursday and after 
10:00 p.m. on Friday and Saturday at an establishment located in 
a city of the first class or within a city located within 15 
miles of a city of the first class in the same county, provided 
that an establishment may sell intoxicating liquor until 10:00 
p.m. on December 31 and July 3, and on the day preceding 
Thanksgiving day, unless otherwise prohibited under clause (1); 
    (5) on New Years Day, January 1; 
    (6) on Independence Day, July 4; 
    (7) on Thanksgiving Day; 
    (8) (6) on Christmas Day, December 25; or 
    (9) (7) after 8:00 p.m. on Christmas Eve, December 24. 
    Sec. 6.  Minnesota Statutes 1988, section 340A.510, is 
amended to read: 
    340A.510 [WINE SAMPLES.] 
    Off-sale licenses and municipal liquor stores may provide 
samples of malt liquor, wine, liqueurs, and cordials which the 
licensee or municipal liquor store currently has in stock and is 
offering for sale to the general public without obtaining an 
additional license, provided the wine, liqueur, and cordial 
samples are dispensed at no charge and consumed on the licensed 
premises during the permitted hours of off-sale in a quantity 
less than 100 milliliters of malt liquor per variety per 
customer, 50 milliliters of wine per variety per customer and 25 
milliliters of liqueur or cordial per variety per customer. 
    Sec. 7.  [OFF-SALE LICENSE; CANOSIA TOWNSHIP.] 
    Notwithstanding any other provision of law, the town board 
of Canosia township in St. Louis county may issue an off-sale 
intoxicating liquor license to an exclusive liquor store with 
the approval of the commissioner of public safety.  A license 
under this section is governed by all provisions of Minnesota 
Statutes, chapter 340A, except as otherwise provided in this 
section.  
    Sec. 8.  [REPEALER.] 
    Minnesota Statutes 1988, section 340A.412, subdivision 1, 
is repealed. 
    Sec. 9.  [EFFECTIVE DATE.] 
    Section 5 is effective the day following final enactment.  
Section 7 is effective on approval by the Canosia town board and 
compliance with Minnesota Statutes, section 645.021. 
    Presented to the governor April 21, 1989 
    Signed by the governor April 24, 1989, 9:43 p.m.