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2005 Minnesota Session Laws

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                             CHAPTER 3-S.F.No. 206 
                  An act relating to liquor; authorizing a city to issue 
                  an off-sale license in a certain area; amending 
                  Minnesota Statutes 2004, section 340A.412, subdivision 
                  4. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 2004, 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 Laws 1999, 
        chapter 202, section 13; 
           (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 and one off-sale intoxicating 
        liquor 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. 
           [EFFECTIVE DATE.] This section is effective the day 
        following final enactment. 
           Presented to the governor February 22, 2005 
           Signed by the governor February 24, 2005, 2:55 p.m.

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