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Minnesota Legislature

Office of the Revisor of Statutes

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.