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Minnesota Session Laws - 2018, Regular Session

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

CHAPTER 202--H.F.No. 3972

An act

relating to liquor; clarifying provisions relating to brewing and winemaking on premises; authorizing various intoxicating liquor licenses;

amending Minnesota Statutes 2016, sections 340A.33; 340A.34.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2016, section 340A.33, is amended to read:

340A.33 BREW ON PREMISES STORE.

Notwithstanding anything in this chapter, the owner of a brew on premises store shall not be considered a brewer, manufacturer, wholesaler, or retailer of intoxicating liquor if the owner complies with this section and with Code of Federal Regulations, title 27, part 25, subpart L, sections 25.205 and 25.206. For purposes of this section, a brew on premises store is a facility that provides the ingredients and equipment for a customer to use to brew malt liquor at the store. Alcoholic beverages may not be sold or otherwise provided to customers of a brew on premises store, unless the owner of the brew on premises store holds the appropriate liquor license, except that the tasting of malt liquor that is brewed by a customer or employee at the brew on premises store shall be permitted, if the malt liquor is not sold or offered for sale. Customers using the brew on premises store must be of the minimum age required to purchase intoxicating liquor. Malt liquor brewed by a customer in the store must not be sold and must be used by the customer solely for personal or family use.

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 2.

Minnesota Statutes 2016, section 340A.34, is amended to read:

340A.34 WINEMAKING ON PREMISES STORE.

A commercial establishment in which individuals make wine on the premises for personal and family use only and not for resale, using ingredients or materials or both supplied by the establishment, is not required to be licensed under this chapter if the establishment is operated in accordance with Code of Federal Regulations, title 27, section 24.75. No person under the age of 21 years may participate in the making of wine in such an establishment. Alcoholic beverages may not be sold or otherwise provided to customers of an establishment described in this section unless the establishment holds the appropriate license for such sale or provision, except that the tasting of wine that is made by a customer or employee at the winemaking on premises store shall be permitted, if the wine is not sold or offered for sale.

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 3.

CITY OF MINNEAPOLIS; SPECIAL LICENSE.

The city of Minneapolis may issue an on-sale intoxicating liquor license to a business located at 3753 Nicollet Avenue South, notwithstanding any law, local ordinance, or charter provision.

EFFECTIVE DATE.

This section is effective upon approval by the Minneapolis City Council and compliance with Minnesota Statutes, section 645.021.

Sec. 4.

CITY OF MINNEAPOLIS; SPECIAL LICENSE.

The city of Minneapolis may issue an on-sale intoxicating liquor license to a restaurant located at 4959 Penn Avenue South, notwithstanding any law, local ordinance, or charter provision.

EFFECTIVE DATE.

This section is effective upon approval by the Minneapolis City Council and compliance with Minnesota Statutes, section 645.021.

Sec. 5.

CITY OF MINNEAPOLIS; SPECIAL LICENSE.

The city of Minneapolis may issue an on-sale intoxicating liquor license to a restaurant located at 5400 Penn Avenue South, notwithstanding any law or local ordinance or charter provision.

EFFECTIVE DATE.

This section is effective upon approval by the Minneapolis City Council and compliance with Minnesota Statutes, section 645.021.

Sec. 6.

OFF-SALE INTOXICATING LIQUOR LICENSE; HUBBARD COUNTY.

Notwithstanding Minnesota Statutes, section 340A.405, subdivision 2, paragraph (e), the Hubbard County Board may issue an off-sale intoxicating liquor license to an exclusive liquor store located in Akeley Township. All other provisions of Minnesota Statutes, chapter 340A, not inconsistent with this section, apply to the license authorized under this section.

EFFECTIVE DATE.

This section is effective upon approval by the Hubbard County Board and compliance with Minnesota Statutes, section 645.021.

Sec. 7.

SPECIAL LICENSE; CITY OF NORTH MANKATO.

The city of North Mankato may issue an on-sale intoxicating liquor license, an on-sale wine license, or an on-sale malt liquor license for the city-owned facilities known as or operated by the Caswell Regional Sporting Complex, notwithstanding any law, local ordinance, or charter provision. A license issued under this section authorizes sales on all days of the week to persons attending events at the Caswell Regional Sporting Complex. The provisions of Minnesota Statutes, chapter 340A, not inconsistent with this section, apply to the licenses issued under this section. The city of North Mankato is deemed the licensee under this section, and the provisions of Minnesota Statutes, sections 340A.603 and 340A.604, apply to the licenses as if the facilities were a municipal liquor store.

EFFECTIVE DATE.

This section is effective upon approval by the North Mankato City Council and compliance with Minnesota Statutes, section 645.021.

Presented to the governor May 21, 2018

Signed by the governor May 29, 2018, 1:16 p.m.

700 State Office Building, 100 Rev. Dr. Martin Luther King Jr. Blvd., St. Paul, MN 55155 ♦ Phone: (651) 296-2868 ♦ TTY: 1-800-627-3529 ♦ Fax: (651) 296-0569