Office of the Revisor of Statutes
Minnesota Session Laws - 1999, Regular Session
Key: (1) language to be deleted (2) new language
CHAPTER 202-H.F.No. 1079
An act relating to liquor; authorizing the city of
Minneapolis to issue on-sale licenses; authorizing the
city of St. Paul to issue an on-sale license;
authorizing the commissioner of public safety to issue
an additional on-sale license; extending the tour boat
liquor license season; authorizing St. Paul to issue a
temporary license for the sale of beer on the grounds
of the state capitol in connection with the Twin
Cities Marathon; modifying wine shipment requirements;
allowing use of passports for proof of age;
authorizing the city of International Falls to issue a
temporary on-sale liquor license; authorizing the city
of St. Paul to issue temporary intoxicating liquor
licenses to Macalester college; authorizing the cities
of Proctor, Marshall, Detroit Lakes, Eden Prairie,
Bemidji, and Stillwater to issue additional on-sale
licenses; exempting temporary on-sale intoxicating
liquor licenses at the Minneapolis Convention Center
from certain restrictions; amending Minnesota Statutes
1998, sections 340A.404, subdivisions 2, 4a, 8, and by
adding a subdivision; 340A.412, subdivision 4;
340A.417; and 340A.503, subdivision 6; repealing Laws
1998, chapter 364, section 13.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. Minnesota Statutes 1998, 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) The city of Minneapolis may issue an on-sale
intoxicating liquor license to Zuhrah Shrine Temple for use on
the premises owned by Zuhrah Shrine Temple at 2540 Park Avenue
South in Minneapolis, notwithstanding limitations of law, or
local ordinances, or charter provision relating to zoning or
school or church distances.
(d) The city of Minneapolis may issue an on-sale
intoxicating liquor license to the American Association of
University Women, Minneapolis branch, for use on the premises
owned by the American Association of University Women,
Minneapolis branch, at 2115 Stevens Avenue South in Minneapolis,
notwithstanding limitations of law, or local ordinances, or
charter provisions relating to zoning or school or church
distances.
(e) The city of Minneapolis may issue an on-sale wine
license and an on-sale 3.2 percent malt liquor license to a
restaurant located at 5000 Penn Avenue South, and an on-sale
wine license and an on-sale malt liquor license to a restaurant
located at 1931 Nicollet Avenue South, notwithstanding any law
or local ordinance or charter provision.
(f) The city of Minneapolis may issue an on-sale wine
license and an on-sale malt liquor license to the Brave New
Workshop Theatre located at 3001 Hennepin Avenue South, and to
the Theatre de la Jeune Lune, notwithstanding any law or local
ordinance or charter provision. The license authorizes sales on
all days of the week.
(g) The city of Minneapolis may issue an on-sale
intoxicating liquor license to University Gateway Corporation, a
Minnesota nonprofit corporation, for use by a restaurant or
catering operator at the building owned and operated by the
University Gateway Corporation on the University of Minnesota
campus, notwithstanding limitations of law, or local ordinance
or charter provision. The license authorizes sales on all days
of the week.
Sec. 2. Minnesota Statutes 1998, section 340A.404, is
amended by adding a subdivision to read:
Subd. 2b. [SPECIAL PROVISION; CITY OF ST. PAUL.] The city
of St. Paul may issue an on-sale intoxicating liquor license to
the Fitzgerald Theatre, notwithstanding the limitations of law,
or local ordinance, or charter provision relating to zoning or
school or church distances. The license authorizes sales on all
days of the week to holders of tickets for performances
presented by the theatre and to members of the nonprofit
corporation holding the license and to their guests.
Sec. 3. Minnesota Statutes 1998, section 340A.404,
subdivision 4a, is amended to read:
Subd. 4a. [STATE-OWNED RECREATION; ENTERTAINMENT
FACILITIES.] Notwithstanding any other law, local ordinance, or
charter provision, the commissioner may issue on-sale
intoxicating liquor licenses:
(1) to the state agency administratively responsible for,
or to an entity holding a concession or facility management
contract with such agency for beverage sales at, the premises of
any Giants Ridge recreation area building or recreational
improvement area owned by the state in the town of White, St.
Louis county; and
(2) to the state agency administratively responsible for,
or to an entity holding a concession or facility management
contract with such agency for beverage sales at, the premises of any
Ironworld Discovery Center building or facility owned by the
state at Chisholm; and
(3) to the board of regents of the University of Minnesota
for events at Northrop Auditorium.
The commissioner shall charge a fee for licenses issued
under this subdivision in an amount comparable to the fee for
comparable licenses issued in surrounding cities.
Sec. 4. Minnesota Statutes 1998, section 340A.404,
subdivision 8, is amended to read:
Subd. 8. [LAKE SUPERIOR, ST. CROIX RIVER, AND MISSISSIPPI
RIVER TOUR BOATS.] (a) The commissioner may issue an on-sale
intoxicating liquor license to a person regularly engaged, on an
annual or seasonal basis, in the business of offering tours by
boat on Lake Superior and adjacent bays, the St. Croix river,
and the Mississippi river. The license shall authorize the sale
of intoxicating liquor between May 1 and October November 1 for
consumption on the boat while underway or attached to a dock or
other mooring. No license may be issued unless each boat used
in the tour business regularly sells meals in the place where
intoxicating liquor is sold.
(b) All sales of intoxicating liquor made on a boat while
it is attached to a dock or other mooring are subject to any
restrictions on the sale of liquor prescribed by the governing
body of the city where the boat is attached, or of a county when
it is attached outside a city. A governing body may prohibit
liquor sales within its jurisdiction but may not require an
additional license, or require a fee or occupation tax, for the
sales.
Sec. 5. Minnesota Statutes 1998, section 340A.412,
subdivision 4, is amended to read:
Subd. 4. [LICENSES PROHIBITED IN CERTAIN AREAS.] (a) No
license to sell intoxicating liquor may be issued within the
following areas:
(1) where restricted against commercial use through zoning
ordinances and other proceedings or legal processes regularly
had for that purpose, except licenses may be issued to
restaurants in areas which were restricted against commercial
uses after the establishment of the restaurant;
(2) within the capitol or on the capitol grounds, except as
provided under Laws 1983, chapter 259, section 9, or section 13,
paragraph (b), of this act;
(3) on the state fairgrounds or at any place in a city of
the first class within one-half mile of the fairgrounds, except
as otherwise provided by charter;
(4) on the campus of the college of agriculture of the
University of Minnesota or at any place in a city of the first
class within one-half mile of the campus, provided that a city
may issue one on-sale wine license in this area that is not
included in the area described in clause (3), except as provided
by charter;
(5) within 1,000 feet of a state hospital, training school,
reformatory, prison, or other institution under the supervision
or control, in whole or in part, of the commissioner of human
services or the commissioner of corrections;
(6) in a town or municipality in which a majority of votes
at the last election at which the question of license was voted
upon were not in favor of license under section 340A.416, or
within one-half mile of any such town or municipality, except
that intoxicating liquor manufactured within this radius may be
sold to be consumed outside it;
(7) at any place on the east side of the Mississippi River
within one-tenth of a mile of the main building of the
University of Minnesota unless (i) the licensed establishment is
on property owned or operated by a nonprofit corporation
organized prior to January 1, 1940, for and by former students
of the University of Minnesota, or (ii) the licensed premises is
Northrop Auditorium;
(8) within 1,500 feet of a state university, except that:
(i) the minimum distance in the case of Winona and
Southwest State University is 1,200 feet;
(ii) within 1,500 feet of St. Cloud State University one
on-sale wine and two off-sale intoxicating liquor licenses may
be issued, measured by a direct line from the nearest corner of
the administration building to the main entrance of the licensed
establishment;
(iii) at Mankato State University the distance is measured
from the front door of the student union of the Highland campus;
and
(iv) a temporary license under section 340A.404,
subdivision 10, may be issued to a location on the grounds of a
state university for an event sponsored or approved by the state
university; and
(9) within 1,500 feet of any public school that is not
within a city.
(b) The restrictions of this subdivision do not apply to a
manufacturer or wholesaler of intoxicating liquor or to a
drugstore or to a person who had a license originally issued
lawfully prior to July 1, 1967.
Sec. 6. Minnesota Statutes 1998, section 340A.417, is
amended to read:
340A.417 [SHIPMENTS INTO MINNESOTA.]
(a) Notwithstanding section 297G.07, subdivision 2, or any
provision of this chapter, a winery licensed in a state which
affords Minnesota wineries an equal reciprocal shipping
privilege, or a winery located in Minnesota, may ship, for
personal use and not for resale, not more than two cases of
wine, containing a maximum of nine liters per case, in any
calendar year to any resident of Minnesota age 21 or over.
Delivery of a shipment under this section may not be deemed a
sale in this state.
(b) The shipping container of any wine sent under this
section must be clearly labeled to indicate that the package
cannot be delivered to a person under the age of 21 years marked
"Alcoholic Beverages: adult signature (over 21 years of age)
required.".
(c) No person may (1) advertise shipments authorized under
this section, (2) by advertisement or otherwise, solicit
shipments authorized by this section, or (3) accept orders for
shipments authorized by this section by use of the Internet. No
shipper located outside Minnesota may advertise interstate
reciprocal wine shipments in Minnesota.
(d) It is not the intent of this section to impair the
distribution of wine through distributors or importing
distributors, but only to permit shipments of wine for personal
use.
(e) No criminal penalty may be imposed on a person for a
violation of this section other than a violation described in
paragraph (f) or (g). Whenever it appears to the commissioner
that any person has engaged in any act or practice constituting
a violation of this section, and the violation is not within two
years of any previous violation of this section, the
commissioner shall issue and cause to be served upon the person
an order requiring the person to cease and desist from violating
this section. The order must give reasonable notice of the
rights of the person to request a hearing and must state the
reason for the entry of the order. Unless otherwise agreed
between the parties, a hearing shall be held not later than
seven days after the request for the hearing is received by the
commissioner after which and within 20 days after the receipt of
the administrative law judge's report and subsequent exceptions
and argument, the commissioner shall issue an order vacating the
cease and desist order, modifying it, or making it permanent as
the facts require. If no hearing is requested within 30 days of
the service of the order, the order becomes final and remains in
effect until modified or vacated by the commissioner. All
hearings shall be conducted in accordance with the provisions of
chapter 14. If the person to whom a cease and desist order is
issued fails to appear at the hearing after being duly notified,
the person shall be deemed in default, and the proceeding may be
determined against the person upon consideration of the cease
and desist order, the allegations of which may be deemed to be
true.
(f) Any person who violates this section within two years
of a violation for which a cease and desist order was issued
under paragraph (e), is guilty of a misdemeanor.
(g) Any person who commits a third or subsequent violation
of this section, including a violation for which a cease and
desist order was issued under paragraph (c), within any
subsequent two-year period is guilty of a gross misdemeanor.
Sec. 7. Minnesota Statutes 1998, section 340A.503,
subdivision 6, is amended to read:
Subd. 6. [PROOF OF AGE; DEFENSE.] (a) Proof of age for
purchasing or consuming alcoholic beverages may be established
only by one of the following:
(1) a valid driver's license or identification card issued
by Minnesota, another state, or a province of Canada, and
including the photograph and date of birth of the licensed
person;
(2) a valid military identification card issued by the
United States Department of Defense; or
(3) a valid passport issued by the United States; or
(4) in the case of a foreign national, from a nation other
than Canada, by a valid passport.
(b) In a prosecution under subdivision 2, clause (1), it is
a defense for the defendant to prove by a preponderance of the
evidence that the defendant reasonably and in good faith relied
upon representations of proof of age authorized in paragraph (a)
in selling, bartering, furnishing, or giving the alcoholic
beverage.
Sec. 8. [CITY OF DETROIT LAKES; LICENSE AUTHORIZED.]
The city of Detroit Lakes may issue one on-sale
intoxicating liquor license in addition to the number authorized
by law. All provisions of Minnesota Statutes, chapter 340A, not
inconsistent with this section, apply to the license authorized
by this section.
Sec. 9. [CITY OF EDEN PRAIRIE; LIQUOR LICENSES.]
The city of Eden Prairie may issue five on-sale
intoxicating liquor licenses in addition to the number
authorized by law. All provisions of Minnesota Statutes,
chapter 340A, not inconsistent with this section, apply to the
licenses authorized under this section.
Sec. 10. [INTERNATIONAL FALLS; TEMPORARY ON-SALE LICENSE.]
Notwithstanding any other law to the contrary, the
International Falls city council may issue a temporary license
for the on-sale of intoxicating liquor to the all class reunion
committee of International Falls High School in connection with
the all class reunion to be held June 29 to July 4, 2000. The
license may authorize the on-sale of intoxicating liquor for the
period of June 29 to July 4, 2000, on premises designated by the
International Falls city council. 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 any municipality. The license is
subject to the terms, including a license fee, imposed by the
city council. The license is subject to all laws and ordinances
governing the sale of intoxicating liquor except Minnesota
Statutes, sections 340A.409; 340A.504, subdivision 3, paragraph
(d); and 624.701, subdivision 1.
Sec. 11. [CITY OF MARSHALL; LIQUOR LICENSES.]
The city of Marshall may issue four on-sale intoxicating
liquor licenses in addition to the number authorized by law.
All provisions of Minnesota Statutes, chapter 340A, not
inconsistent with this section, apply to the licenses authorized
under this section.
Sec. 12. [CITY OF PROCTOR; LIQUOR LICENSE.]
The city of Proctor may issue one on-sale intoxicating
liquor license in addition to the number authorized by law. All
provisions of Minnesota Statutes, chapter 340A, not inconsistent
with this section, apply to the license authorized under this
section.
Sec. 13. [CITY OF ST. PAUL; LICENSES AUTHORIZED.]
(a) The city of St. Paul may issue temporary intoxicating
liquor licenses under Minnesota Statutes, section 340A.404,
subdivision 10, to Macalester college for the Macalester
Scottish fair, Springfest, and for the annual alumni reunion
weekend without regard to the limitation in Minnesota Statutes,
section 340A.410, subdivision 10, paragraph (b).
(b) Notwithstanding Minnesota Statutes, section 340A.412,
subdivision 4, the city of St. Paul may issue a temporary
on-sale intoxicating liquor license to Twin Cities Marathon,
Inc. The license may authorize only the sale of intoxicating
malt liquor and 3.2 percent malt liquor on the grounds of the
state capitol on the day of the Twin Cities Marathon. The
intoxicating malt liquor and 3.2 percent malt liquor must be
produced by a Minnesota brewery. All provisions of Minnesota
Statutes, section 340A.404, subdivision 10, not inconsistent
with this section, apply to the license authorized by this
section.
Sec. 14. [CITY OF STILLWATER; LIQUOR LICENSES.]
Notwithstanding any other law, the city of Stillwater may
issue two on-sale intoxicating liquor licenses in addition to
the number authorized by law. The licenses may not be issued
for any location in the downtown central business district of
Stillwater. All provisions of Minnesota Statutes, chapter 340A,
not inconsistent with this section, apply to the licenses
authorized by this section.
Sec. 15. [CITY OF BEMIDJI; LIQUOR LICENSE.]
The city of Bemidji may issue one on-sale intoxicating
liquor license in addition to the number authorized by law. All
provisions of Minnesota Statutes, chapter 340A, not inconsistent
with this section, apply to the licenses authorized under this
section.
Sec. 16. [MINNEAPOLIS CONVENTION CENTER; TEMPORARY
LICENSES.]
Temporary on-sale intoxicating liquor licenses issued under
Minnesota Statutes, section 340A.404, subdivision 10, for events
held at the Minneapolis Convention Center are not subject to
Minnesota Statutes, section 340A.410, subdivision 10.
Sec. 17. [REPEALER.]
Laws 1998, chapter 364, section 13, is repealed.
Sec. 18. [EFFECTIVE DATES.]
Section 1 is effective on approval by the Minneapolis city
council and compliance with Minnesota Statutes, section 645.021.
Sections 2 and 13 are effective upon approval by the St.
Paul city council and compliance with Minnesota Statutes,
section 645.021.
Sections 3, 4, 5, 16, and 17 are effective the day
following final enactment.
Section 8 is effective on approval by the Detroit Lakes
city council and compliance with Minnesota Statutes, section
645.021.
Section 9 is effective upon approval by the Eden Prairie
city council and compliance with Minnesota Statutes, section
645.021.
Section 10 is effective upon approval by the International
Falls city council and compliance with Minnesota Statutes,
section 645.021.
Section 11 is effective upon approval by the Marshall city
council and compliance with Minnesota Statutes, section 645.021.
Section 12 is effective upon approval by the Proctor city
council and compliance with Minnesota Statutes, section 645.021.
Section 14 is effective on approval by the Stillwater city
council and compliance with Minnesota Statutes, section 645.021.
Section 15 is effective upon approval by the Bemidji city
council and compliance with Minnesota Statutes, section 645.021.
Presented to the governor May 21, 1999
Signed by the governor May 24, 1999, 9:37 a.m.
Official Publication of the State of Minnesota
Revisor of Statutes