Office of the Revisor of Statutes
Minnesota Session Laws - 2001, Regular Session
Key: (1) language to be deleted (2) new language
CHAPTER 193-S.F.No. 1752
An act relating to liquor; authorizing issuance of
on-sale wine and beer licenses to the Brave New
Institute and Loring Playhouse in Minneapolis and to
the Great American History Theater and the Palace
Theatre in St. Paul; providing an exception to a
licensing restriction; permitting use of premix and
dispensing machines to dispense frozen and iced
cocktails; authorizing additional on-sale intoxicating
liquor licenses in Blaine, Elk River, Moorhead, and
St. Louis Park; authorizing Minneapolis to issue an
on-sale intoxicating liquor license; authorizing St.
Paul to issue an on-sale wine and malt liquor license
to the capitol cafeteria; creating a legislative study
committee to study small brewer and wholesaler
relations; requiring a report; amending Minnesota
Statutes 2000, sections 340A.404, subdivisions 2, 2b;
340A.412, subdivision 4; 340A.508, by adding a
subdivision.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. Minnesota Statutes 2000, 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 Theater, 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 theaters 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, the
Theatre de la Jeune Lune, the Illusion Theatre located at 528
Hennepin Avenue South, and the Hollywood Theatre located at 2815
Johnson Street Northeast, the Loring Playhouse located at 1633
Hennepin Avenue South, and the Brave New Institute located at
2605 Hennepin Avenue South, 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 2000, section 340A.404,
subdivision 2b, is amended 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, the Great American History Theater at 30
East 10th Street, and the Brave New Workshop at the Palace
Theater at 17 West Seventh Place, 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 2000, 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
(v) this restriction does not apply to the area surrounding
the premises leased by Metropolitan State University at 730
Hennepin Avenue South in Minneapolis; 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. 4. Minnesota Statutes 2000, section 340A.508, is
amended by adding a subdivision to read:
Subd. 4. [PREMIX AND DISPENSING MACHINES.] Nothing in this
section prohibits use by an on-sale intoxicating liquor licensee
of a machine to premix and dispense frozen or iced cocktails,
provided that the machine is emptied on a daily basis. A
machine described in this subdivision need not be visible to the
consuming public.
Sec. 5. [CITY OF BLAINE; LIQUOR LICENSES.]
The city of Blaine may issue six 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
by this section.
Sec. 6. [CITY OF ELK RIVER; LIQUOR LICENSES.]
The city of Elk River may issue six on-sale 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 by this section.
Sec. 7. [CITY OF MOORHEAD; LIQUOR LICENSES.]
The city of Moorhead may issue six 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. 8. [CITY OF ST. LOUIS PARK; LIQUOR LICENSES.]
The city of St. Louis Park may issue 12 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 by this section.
Sec. 9. [CITY OF MINNEAPOLIS; LIQUOR LICENSE.]
Notwithstanding any law, ordinance, or charter provision to
the contrary, the city of Minneapolis may issue an intoxicating
liquor license to an establishment located at 4415 Nicollet
Avenue South, which currently holds an intoxicating malt liquor
and wine license.
Sec. 10. [CAPITOL CAFETERIA; WINE AND BEER LICENSE.]
Notwithstanding Minnesota Statutes, section 340A.412,
subdivision 4, paragraph (a), clause (2), the city of St. Paul
may issue an on-sale wine and malt liquor license for the
premises known as the capitol cafeteria, for special events held
at the capitol cafeteria.
Sec. 11. [LEGISLATIVE STUDY COMMITTEE; SMALL
BREWER/WHOLESALER RELATIONS.]
Subdivision 1. [APPOINTMENT.] The chairs of the senate
committee on commerce and the house of representatives committee
on commerce, jobs and economic development shall establish a
study committee to study aspects of the relationship between
beer wholesalers and small brewers. The committee shall consist
of:
(1) two members of the senate appointed by the chair of the
committee on commerce;
(2) two members of the house of representatives appointed
by the chair of the committee on commerce, jobs and economic
development;
(3) five nonlegislative members appointed jointly by the
two chairs, representing small brewers, large brewers, labor,
alcoholic beverage retailers, and beer wholesalers; and
(4) the director of the division of alcohol and gambling
enforcement of the department of public safety or the director's
designee. Nonlegislative members of the study committee shall
serve without compensation.
Subd. 2. [STUDY.] The legislative study committee shall
study and report on the following issues:
(1) contractual relationships between brewers and beer
wholesalers, including terms under which such contracts may be
terminated;
(2) the feasibility and desirability of allowing small
brewers to sell their own products at wholesale; and
(3) compliance with laws and rules establishing the
three-tier system.
Subd. 3. [REPORT.] The study committee shall report to the
legislature on the results of its study by February 15, 2002.
Sec. 12. [EFFECTIVE DATE.]
Section 4 is effective the day following final enactment.
Presented to the governor May 23, 2001
Signed by the governor May 25, 2001, 12:05 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes