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Minnesota Legislature

Office of the Revisor of Statutes

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.