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Office of the Revisor of Statutes

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

  

                         Laws of Minnesota 1990 

                        CHAPTER 554-S.F.No. 2108 
           An act relating to liquor; authorizing sale of 
          liqueur-filled candies in exclusive liquor stores; 
          specifying minimum seating capacity of restaurants in 
          certain counties; restricting right of brewers to be 
          beer wholesalers or to have an interest in a beer 
          wholesaler; providing for hours of sale at certain 
          establishments; requiring notification to commissioner 
          of public safety of issuance of wine licenses; 
          repealing requirement that cities conduct a referendum 
          on continuation of municipal liquor operations; 
          modifying restrictions on license issuance by 
          counties; authorizing licenses for sale of 
          Minnesota-produced wine at Minneapolis-St. Paul 
          International Airport; permitting removal of 
          unfinished bottles of wine from restaurants; 
          authorizing issuance of wine licenses to licensed bed 
          and breakfast facilities; authorizing issuance of 
          licenses by Minneapolis, St. Paul, Brooklyn Center, 
          and Evansville; requiring certain establishments to 
          make Minnesota-produced beer available; permitting 
          Anoka county to delegate liquor licensing authority to 
          towns; amending Minnesota Statutes 1988, sections 
          31.121; 340A.101, subdivisions 10 and 25; 340A.301, 
          subdivisions 1, 7, and by adding a subdivision; 
          340A.404, subdivisions 3, 5, and by adding a 
          subdivision; 340A.405, subdivision 2, and by adding a 
          subdivision; 340A.413, subdivision 4; 340A.504, 
          subdivision 1; and 340A.601, subdivision 2; Minnesota 
          Statutes 1989 Supplement, section 340A.404, 
          subdivision 2; proposing coding for new law in 
          Minnesota Statutes, chapter 340A; repealing Minnesota 
          Statutes 1988, section 340A.405, subdivision 5. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
     Section 1.  Minnesota Statutes 1988, section 31.121, is 
amended to read: 
     31.121 [FOOD ADULTERATION.] 
     A food shall be deemed to be adulterated: 
    (a) If it bears or contains any poisonous or deleterious 
substance which may render it injurious to health; but in case 
the substance is not an added substance such food shall not be 
considered adulterated under this clause if the quantity of such 
substance in such food does not ordinarily render it injurious 
to health; or 
    (b) If it bears or contains any added poisonous or added 
deleterious substance, other than one which is a pesticide 
chemical in or on a raw agricultural commodity; a food additive; 
or a color additive, which is unsafe within the meaning of 
section 31.122; or 
    (c) If it is a raw agricultural commodity and it bears or 
contains a pesticide chemical which is unsafe within the meaning 
of section 31.122; or 
    (d) If it is or it bears or contains any food additive 
which is unsafe within the meaning of section 31.122; provided 
that where a pesticide chemical has been used in or on a raw 
agricultural commodity in conformity with an exemption granted 
or tolerance prescribed under section 31.122, and such raw 
agricultural commodity has been subjected to processing such as 
canning, cooking, freezing, dehydrating, or milling, the residue 
of such pesticide chemical remaining in or on such processed 
food shall, notwithstanding the provisions of section 31.122 and 
this clause, not be deemed unsafe if such residue in or on the 
raw agricultural commodity has been removed to the extent 
possible in good manufacturing practice, and the concentration 
of such residue in the processed food when ready to eat is not 
greater than the tolerance prescribed for the raw agricultural 
commodity; or 
    (e) If it consists in whole or in part of a diseased, 
contaminated, filthy, putrid, or decomposed substance, or if it 
is otherwise unfit for food; or 
    (f) If it has been produced, prepared, packed, or held 
under insanitary conditions whereby it may have become 
contaminated with filth, or whereby it may have been rendered 
diseased, unwholesome, or injurious to health; or 
    (g) If it is in whole or in part the product of a diseased 
animal or of an animal which has died otherwise than by 
slaughter, or of an animal that has been fed upon the uncooked 
offal from a slaughterhouse; or 
    (h) If its container is composed in whole or in part of any 
poisonous or deleterious substance which may render the contents 
injurious to health; or 
    (i) If it has been intentionally subjected to radiation, 
unless the use of the radiation was in conformity with a rule or 
exemption in effect pursuant to section 31.122 or section 409 of 
the federal act; or 
    (j) If any valuable constituent has been in whole or in 
part omitted or abstracted therefrom; or 
    (k) If any substance has been substituted wholly or in part 
therefor; or 
    (l) If damage or inferiority has been concealed in any 
manner; or 
    (m) If any substance has been added thereto or mixed or 
packed therewith so as to increase its bulk or weight, or reduce 
its quality or strength or make it appear better or of greater 
value than it is; or 
    (n) If it is confectionery, and (1) has partially or 
completely imbedded therein any nonnutritive object; provided, 
that this clause shall not apply in the case of any nonnutritive 
object if in the judgment of the commissioner, as provided by 
rules, such object is of practical functional value to the 
confectionery product and would not render the product injurious 
or hazardous to health; or (2) bears or contains any alcohol, 
other than alcohol not in excess of one half of one percent by 
volume derived solely from the use of flavoring extracts; or (3) 
bears or contains any nonnutritive substance; provided, that 
this clause shall not apply to a safe nonnutritive substance 
which is in or on confectionery by reason of its use for some 
practical functional purpose in the manufacture, packaging, or 
storing of such confectionery if the use of the substance does 
not promote deception of the consumer or otherwise result in 
adulteration or misbranding in violation of any provision of the 
Minnesota food law; and provided further, that the commissioner 
may, for the purpose of avoiding or resolving uncertainty as to 
the application of this clause, issue rules allowing or 
prohibiting the use of particular nonnutritive substances; or 
    (o) If it is or bears or contains any color additive which 
is unsafe within the meaning of section 31.122; or 
    (p) If it is oleomargarine or margarine or butter and any 
of the raw material used therein consisted in whole or in part 
of any filthy, putrid, or decomposed substance, or such 
oleomargarine or margarine or butter is otherwise unfit for food.
    Sec. 2.  Minnesota Statutes 1988, 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, soft drinks, liqueur-filled candies, 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.  "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 1988, section 340A.101, 
subdivision 25, is amended to read: 
    Subd. 25.  [RESTAURANT.] "Restaurant" is an establishment, 
other than a hotel, under the control of a single proprietor or 
manager, where meals are regularly served at tables to the 
general public, and having seating capacity for guests in the 
following minimum numbers:  
  (a)  First class cities                  50
  (b)  Second and third class cities
       and statutory cities of over
       10,000 population                   30
  (c)  Unincorporated or unorganized
       territory other than in Cook,
       Itasca, Lake, Lake of the Woods, 
       and St. Louis counties             100 
  (d)  Unincorporated or unorganized
       territory in Cook, Itasca, Lake,
       Lake of the Woods, and St. Louis 
       counties                            50
    In the case of classes (b) and (c) above, the governing 
body of a city or county may prescribe a higher minimum number. 
In fourth class cities and statutory cities under 10,000 
population, minimum seating requirements are those prescribed by 
the governing body of the city. 
    Sec. 4.  Minnesota Statutes 1988, section 340A.301, 
subdivision 1, is amended to read: 
    Subdivision 1.  [LICENSES REQUIRED.] No person may directly 
or indirectly manufacture or sell at wholesale intoxicating 
liquor, or nonintoxicating malt liquor without obtaining an 
appropriate license from the commissioner, except where 
otherwise provided in this chapter.  A manufacturer's license 
includes the right to import.  A licensed brewer of malt liquor 
may sell products at wholesale without an additional license.  A 
licensed brewer may sell the brewer's products at wholesale only 
if the brewer has been issued a wholesaler's license.  The 
commissioner shall issue a wholesaler's license to a brewer only 
if (1) the commissioner determines that the brewer was selling 
the brewer's own products at wholesale in Minnesota on January 
1, 1991, or (2) the brewer has acquired a wholesaler's business 
or assets under subdivision 7a, paragraph (c) or (d).  A 
licensed wholesaler of intoxicating malt liquor may sell 
nonintoxicating malt liquor at wholesale without an additional 
license.  The business of manufacturer and wholesaler may be 
combined and carried on under a single manufacturer's license. 
    Sec. 5.  Minnesota Statutes 1988, section 340A.301, 
subdivision 7, is amended to read: 
    Subd. 7.  [INTEREST IN OTHER BUSINESS.] (a) Except as 
provided in this subdivision, a holder of a license as a 
manufacturer, brewer, or wholesaler may not have any ownership, 
in whole or in part, in a business holding a retail intoxicating 
liquor or nonintoxicating malt liquor license, but a 
manufacturer or wholesaler of intoxicating liquor may use or 
have property rented for retail intoxicating liquor sales if the 
manufacturer or wholesaler has owned the property continuously 
since November 1, 1933. 
    (b) A licensed brewer of malt liquor described in 
subdivision 6, clause (d) may be issued an on-sale intoxicating 
liquor or nonintoxicating malt liquor license by a municipality 
for a restaurant operated in or immediately adjacent to the 
place of manufacture. 
    (c) Except as provided in subdivision 7a, no brewer as 
defined in subdivision 7a may have any interest, in whole or in 
part, directly or indirectly, in the license, business, assets, 
or corporate stock of a licensed malt liquor wholesaler. 
    Sec. 6.  Minnesota Statutes 1988, section 340A.301, is 
amended by adding a subdivision to read: 
    Subd. 7a.  [PERMITTED INTERESTS IN WHOLESALE BUSINESS.] (a) 
A brewer may financially assist a wholesaler of malt liquor 
through participation in a limited partnership in which the 
brewer is the limited partner and the wholesaler is the general 
partner.  A limited partnership authorized in this paragraph may 
not exist for more than ten years from the date of its creation, 
and may not, directly or indirectly, be recreated, renewed, or 
extended beyond that date. 
    (b) A brewer may financially assist a malt liquor 
wholesaler and collateralize the financing by taking a security 
interest in the inventory and assets, other than the corporate 
stock, of the wholesaler.  A financial agreement authorized by 
this paragraph may not be in effect for more than ten years from 
the date of its creation and may not be directly or indirectly 
extended or renewed.  
    (c) A brewer who, after creation of a financial agreement 
authorized by paragraph (b), or after creation of a limited 
partnership authorized in paragraph (a), acquires legal or 
equitable title to the wholesaler's business which was the 
subject of the agreement or limited partnership, or to the 
business assets, must divest the business or its assets within 
two years of the date of acquiring them.  A malt liquor 
wholesaler whose business or assets are acquired by a brewer as 
described in this paragraph may not enter into another such 
financial agreement, or participate in another such limited 
partnership, for 20 years from the date of the acquisition of 
the business or assets. 
    (d) A brewer may have an interest in the business, assets, 
or corporate stock of a malt liquor wholesaler as a result of 
(1) a judgment against the wholesaler arising out of a default 
by the wholesaler or (2) acquisition of title to the business, 
assets, or corporate stock as a result of a written request of 
the wholesaler.  A brewer may maintain ownership of or an 
interest in the business, assets, or corporate stock under this 
paragraph for not more than two years, and only for the purpose 
of facilitating an orderly transfer of the business to an owner 
not affiliated with the brewer.  
    (e) A brewer may continue to maintain an ownership interest 
in a malt liquor wholesaler if it owned the interest on the 
effective date of this section. 
    (f) A brewer that was legally selling the brewer's own 
products at wholesale in Minnesota on the effective date of this 
section may continue to sell those products at wholesale in the 
area where it was selling those products on that date. 
    (g) A brewer that manufactures malt liquor in Minnesota 
may, if the brewer does not manufacture in Minnesota in any year 
more than 25,000 barrels of malt liquor or its metric 
equivalent, own or have an interest in a malt liquor wholesaler 
that sells only the brewer's products. 
    (h) When the commissioner issues a license to a malt liquor 
wholesaler described in paragraph (a) or (b), the commissioner 
may issue the license only to the entity which is actually 
operating the wholesale business and may not issue the license 
to a brewer that is a limited partner under paragraph (a) or 
providing financial assistance under paragraph (b) unless the 
brewer has acquired a wholesaler's business or assets under 
paragraph (c) or (d). 
    (i) For purposes of this subdivision and subdivision 7, 
clause (c), "brewer" means: 
    (1) a holder of a license to manufacture malt liquor; 
    (2) an officer, director, agent, or employee of such a 
license holder; and 
    (3) an affiliate of such a license holder, regardless of 
whether the affiliation is corporate or by management, 
direction, or control. 
    Sec. 7.  Minnesota Statutes 1989 Supplement, section 
340A.404, subdivision 2, is amended to read: 
    Subd. 2.  [SPECIAL PROVISION; CITY OF MINNEAPOLIS.] (a) The 
city of Minneapolis may issue an on-sale intoxicating liquor 
license to the Guthrie Theatre, the Cricket Theatre, the Orpheum 
Theatre, and the State Theatre, notwithstanding the limitations 
of law, or local ordinance, or charter provision relating to 
zoning or school or church distances.  The licenses authorize 
sales on all days of the week to holders of tickets for 
performances presented by the theatres and to members of the 
nonprofit corporations holding the licenses and to their guests. 
       (b) The city of Minneapolis may issue an intoxicating 
liquor license to 510 Groveland Associates, a Minnesota 
cooperative, for use by a restaurant on the premises owned by 
510 Groveland Associates, notwithstanding limitations of law, or 
local ordinance, or charter provision. 
    (c) Notwithstanding any other law, local ordinance, or 
charter provision, the city of Minneapolis may issue one or more 
on-sale intoxicating liquor licenses to the owner of the sports 
arena located at 600 First Avenue North in the city of 
Minneapolis or an entity holding a concessions contract with the 
owner for use on the premises of that sports arena.  The license 
authorizes sales on all days of the week to holders of tickets 
for sporting events or other events at the sports arena and to 
the owner of the sports arena and the owner's guests.  The 
licensee may not dispense intoxicating liquor to any person 
attending or participating in an amateur athletic event held on 
the premises. 
    Sec. 8.  Minnesota Statutes 1988, section 340A.404, 
subdivision 3, is amended to read: 
    Subd. 3.  [NOTICE TO THE COMMISSIONER.] A city shall within 
ten days of the issuance of a license under subdivision 1 or 5, 
inform the commissioner of the licensee's name and address and 
trade name, and the effective date and expiration date of the 
license.  The city shall also inform the commissioner of a 
license transfer, cancellation, suspension, or revocation during 
the license period. 
    Sec. 9.  Minnesota Statutes 1988, 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. 
    (c) A municipality may issue an on-sale wine license with 
the approval of the commissioner to a licensed bed and breakfast 
facility.  A license under this paragraph authorizes a bed and 
breakfast facility to furnish wine only to registered guests of 
the facility. 
    Sec. 10.  Minnesota Statutes 1988, section 340A.404, is 
amended by adding a subdivision to read: 
    Subd. 11.  [REMOVAL OF WINE FROM RESTAURANT.] A restaurant 
licensed to sell intoxicating liquor or wine at on-sale under 
this section may permit a person purchasing a full bottle of 
wine in conjunction with the purchase of a meal to remove the 
bottle on leaving the licensed premises provided that the bottle 
has been opened and the contents partially consumed.  A removal 
of a bottle under the conditions described in this subdivision 
is not an off-sale of intoxicating liquor and may be permitted 
without additional license. 
    Sec. 11.  Minnesota Statutes 1988, 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 one mile by the most direct route from the boundary 
of any statutory or home rule city except cities of the first 
class or within Pine, Carlton, Carver, Itasca, or Red Lake 
county within three miles one mile 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. 12.  Minnesota Statutes 1988, section 340A.405, is 
amended by adding a subdivision to read: 
    Subd. 6.  [AIRPORTS COMMISSION.] The metropolitan airports 
commission may with the approval of the commissioner issue 
licenses for the off-sale of Minnesota-produced wine at the 
Minneapolis-St. Paul International Airport. 
    Sec. 13.  Minnesota Statutes 1988, section 340A.413, 
subdivision 4, is amended to read: 
    Subd. 4.  [EXCLUSIONS FROM LICENSE LIMITS.] On-sale 
intoxicating liquor licenses may be issued to the following 
entities by a city, in addition to the number authorized by this 
section: 
    (1) clubs, or congressionally chartered veterans 
organizations; 
    (2) restaurants located at a racetrack licensed under 
chapter 240; 
    (3) restaurants establishments that are issued licenses to 
sell wine under section 340A.404, subdivision 5; 
    (4) Lake Superior tour boats that are issued licenses under 
section 340A.404, subdivision 8; and 
    (5) theaters that are issued licenses under section 
340A.404, subdivision 2. 
    Sec. 14.  Minnesota Statutes 1988, section 340A.504, 
subdivision 1, is amended to read: 
    Subdivision 1.  [NONINTOXICATING MALT LIQUOR.] No sale of 
nonintoxicating malt liquor may be made between 1:00 a.m. and 
8:00 a.m. on the days of Monday through Saturday, nor between 
1:00 a.m. and 12:00 noon on Sunday, provided that an 
establishment located on land owned by the metropolitan sports 
commission, or the sports arena for which one or more licenses 
have been issued under section 340A.404, subdivision 2, 
paragraph (c), may sell nonintoxicating malt liquor between 
10:00 a.m. and 12:00 noon on a Sunday on which a sports or other 
event is scheduled to begin at that location on or before 1:00 
p.m. of that day. 
    Sec. 15.  Minnesota Statutes 1988, section 340A.601, 
subdivision 2, is amended to read: 
    Subd. 2.  [POPULATION CHANGE.] A city which has established 
a municipal liquor store may continue to operate it 
notwithstanding a subsequent change in population if within one 
year after the effective date of the census by which the 
municipality exceeds 10,000 in population, the question, "Shall 
the city continue to operate its municipal liquor store?" is 
submitted to the voters of the city at a general or special 
municipal election and a majority of the voters voting on the 
question at the election vote in the affirmative on the 
question.  The notice of the election shall state the question 
to be submitted to the electors at the election. 
    Sec. 16.  [340A.908] [LIQUEUR-FILLED CANDY.] 
    Liqueur-filled candy may only be sold in an exclusive 
liquor store. 
    Sec. 17.  [340A.909] [SALE OF MINNESOTA BEER AT PUBLIC 
FACILITIES.] 
    Subdivision 1.  [MINNESOTA-PRODUCED BEER; REQUIRED 
AVAILABILITY.] At any permanent or temporary building or 
structure owned or operated by the state, a political 
subdivision, or an instrumentality thereof, where beer is sold 
for on-premise consumption, the entity owning or operating the 
building or structure must insure that a Minnesota-produced beer 
is available for purchase at each station where beer is sold.  
This section applies to all such permanent or temporary 
buildings or structures without regard to whether sales of beer 
are made by the owning or operating government entity or 
employees thereof or by a person holding a lease or concession 
contract with the government entity. 
    Subd. 2.  [EXCEPTIONS.] This section does not apply to: 
    (1) municipal liquor stores; or 
    (2) persons holding an event on property owned by a 
government entity where (a) the event is conducted under a 
temporary permit from that government entity, and (b) alcoholic 
beverages are provided to persons attending the event, at no 
cost to those persons. 
    Sec. 18.  [ANOKA COUNTIES; LIQUOR LICENSING.] 
    The county board of Anoka county may, by resolution, 
delegate to the town board of towns located within the county, 
powers possessed by the county to issue nonintoxicating malt 
liquor licenses under Minnesota Statutes, section 340A.403, 
on-sale intoxicating liquor licenses under section 340A.404, and 
off-sale intoxicating liquor licenses under section 340A.405, 
within the unincorporated area of the county; provided that the 
town board of the respective town consents to the delegation of 
powers.  License fees must be paid to the town and the town 
board shall assume all powers and duties of the county board in 
regard to licensing. 
    Sec. 19.  [CITY OF ST. PAUL; WINE AND BEER LICENSES.] 
    Subdivision 1.  [LICENSE AUTHORIZED.] The city of St. Paul 
may issue on-sale nonintoxicating malt liquor licenses and 
on-sale wine licenses to the city's division of parks and 
recreation.  The licenses authorize the sale of wine or 
nonintoxicating malt liquor on property owned by the city and 
under the jurisdiction of the division by: 
    (1) employees of the city; 
    (2) persons holding a permit from the division to conduct 
an event and sell wine or nonintoxicating malt liquor to persons 
attending the event; or 
    (3) persons who have contracted with the city to sell wine 
or nonintoxicating malt liquor on such property. 
    Subd. 2.  [PERMITS; CONTRACTS.] (a) Permits issued by the 
city under subdivision 1, clause (2), and contracts entered into 
by the city under subdivision 1, clause (3), must provide for: 
    (1) the duration of the permit or contract; 
    (2) the premises or area in which sales of wine or 
nonintoxicating malt liquor will be made; 
    (3) the persons to whom such sales will be made; 
    (4) the days and hours in which such sales will be made; 
and 
    (5) obtaining by the permit holder or contracted vendor of 
such liquor liability insurance or bond, or both, as the city 
considers necessary to protect the city's interest as the holder 
of the license. 
    (b) A permit may be issued or a contract entered into under 
this section with a person who does not hold a license issued 
under Minnesota Statutes, chapter 340A, for the retail sale of 
alcoholic beverages. 
    (c) The division may, without notice or hearing, refuse to 
issue a permit under subdivision 1, clause (2). 
    Subd. 3.  [CITY COUNCIL APPROVAL.] The St. Paul city 
council must approve each: 
    (1) facility at which wine or nonintoxicating malt liquor 
will be sold by city employees; 
    (2) permit issued under subdivision 1, clause (2); and 
    (3) contract entered into under subdivision 1, clause (3). 
    Subd. 4.  [APPLICABILITY OF GENERAL LAW.] All provisions of 
Minnesota Statutes, chapter 340A, not inconsistent with this 
section apply to licenses issued under this section.  Licenses 
authorized by this section are in addition to any other licenses 
authorized by law. 
    Sec. 20.  [EARLE BROWN HERITAGE CENTER LICENSE.] 
    In addition to any license authorized by law, the city of 
Brooklyn Center may issue one on-sale intoxicating liquor 
license for the Earle Brown Heritage Center convention center.  
The license shall authorize the sale and serving of liquor to 
persons attending events at the center other than amateur 
athletic events.  The license fee and hours of sale shall be set 
by the city council within the limits imposed by law.  All 
provisions of Minnesota Statutes, chapter 340A, not inconsistent 
with this section apply to this license.  
    Sec. 21.  [CITY OF EVANSVILLE; SUNDAY LIQUOR LICENSE.] 
    Notwithstanding Minnesota Statutes, section 340A.504, 
subdivision 3, paragraph (d), the city of Evansville may issue a 
license authorizing on-sales of intoxicating liquor on Sunday to 
a restaurant in the city without authorization by the voters of 
the city.  All other provisions of Minnesota Statutes, chapter 
340A, apply to a license issued under this section. 
    Sec. 22.  [REPEALER.] 
    Minnesota Statutes 1988, section 340A.405, subdivision 5, 
is repealed. 
    Sec. 23.  [EFFECTIVE DATE.] 
    Sections 1 to 3, 7, 9 to 13, 15, 16, and 18 to 21 are 
effective the day following final enactment.  Sections 4 to 6 
are effective January 1, 1991. 
    Presented to the governor April 26, 1990 
    Signed by the governor May 4, 1990, 11:52 p.m.