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Office of the Revisor of Statutes

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

                            CHAPTER 318-S.F.No. 2739 
                  An act relating to liquor; exempting hotel honor bars 
                  from hours of sale restrictions; modifying minimum 
                  distance from specified state universities; 
                  authorizing the cities of Proctor, Albert Lea, Eden 
                  Prairie, West St. Paul, Brainerd, and Coon Rapids to 
                  issue on-sale licenses; amending Minnesota Statutes 
                  2000, section 340A.504, by adding a subdivision; 
                  Minnesota Statutes 2001 Supplement, section 340A.412, 
                  subdivision 4; Laws 1999, chapter 202, section 12. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 2001 Supplement, 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, measured by a direct 
        line from the nearest corner of the administration building to 
        the main entrance of the licensed establishment; 
           (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; 
           (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. 2.  Minnesota Statutes 2000, section 340A.504, is 
        amended by adding a subdivision to read: 
           Subd. 2a.  [CERTAIN DISPENSING EXEMPT.] Where a hotel 
        possessing an on-sale intoxicating liquor license places 
        containers of intoxicating liquor in cabinets in hotel rooms for 
        the use of guests staying in those hotel rooms, and a charge is 
        made for withdrawals from those cabinets, the dispensing of 
        intoxicating liquor from those cabinets does not constitute a 
        sale for purposes of subdivision 2. 
           Sec. 3.  Laws 1999, chapter 202, section 12, is amended to 
        read: 
           Sec. 12.  [CITY OF PROCTOR; LIQUOR LICENSE LICENSES.] 
           The city of Proctor may issue one three on-sale 
        intoxicating liquor license licenses 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. 4.  [CITY OF ALBERT LEA; LIQUOR LICENSES.] 
           The city of Albert Lea may issue three 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. 5.  [CITY OF EDEN PRAIRIE; ON-SALE 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. 6.  [CITY OF WEST ST. PAUL.] 
           The city of West St. Paul may issue two 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. 7.  [CITY OF BRAINERD.] 
           The city of Brainerd 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. 8.  [CITY OF COON RAPIDS; LIQUOR LICENSES.] 
           The city of Coon Rapids 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. 9.  [EFFECTIVE DATE.] 
           This act is effective the day following final enactment. 
           Presented to the governor April 3, 2002 
           Signed by the governor April 5, 2002, 12:56 p.m.