1.1             CONFERENCE COMMITTEE REPORT ON H.F. NO. 719 
  1.2                          A bill for an act 
  1.3             relating to liquor; modifying a posting provision; 
  1.4             authorizing cities to issue licenses in addition to 
  1.5             the number allowed by law; amending Minnesota Statutes 
  1.6             2002, section 340A.318, subdivision 3. 
  1.7                                                  May 15, 2003
  1.8   The Honorable Steve Sviggum 
  1.9   Speaker of the House of Representatives
  1.11  The Honorable James P. Metzen 
  1.12  President of the Senate
  1.14     We, the undersigned conferees for H.F. No. 719, report that 
  1.15  we have agreed upon the items in dispute and recommend as 
  1.16  follows: 
  1.17     
  1.18     That the Senate recede from its amendments and that H.F. No.
  1.19  719 be further amended as follows: 
  1.20     Delete everything after the enacting clause and insert: 
  1.21     "Section 1.  Minnesota Statutes 2002, section 340A.101, is 
  1.22  amended by adding a subdivision to read: 
  1.23     Subd. 27a.  [THEATER.] "Theater" means a building 
  1.24  containing an auditorium in which live dramatic, musical, dance, 
  1.25  or literary performances are regularly presented to holders of 
  1.26  tickets for those performances. 
  1.27     Sec. 2.  Minnesota Statutes 2002, section 340A.301, 
  1.28  subdivision 6, is amended to read: 
  2.1      Subd. 6.  [FEES.] The annual fees for licenses under this 
  2.2   section are as follows: 
  2.3     (a) Manufacturers (except as provided 
  2.4         in clauses (b) and (c))                    $15,000 
  2.5         Duplicates                                 $ 3,000
  2.6     (b) Manufacturers of wines of not more
  2.7         than 25 percent alcohol by volume          $   500
  2.8     (c) Brewers other than those described
  2.9         in clauses (d) and (i)                     $ 2,500
  2.10    (d) Brewers who also hold one or more
  2.11        retail on-sale licenses and who
  2.12        manufacture fewer than 3,500 barrels
  2.13        of malt liquor in a year, at any one
  2.14        licensed premises, using only wort produced 
  2.15        in Minnesota, the entire
  2.16        production of which is solely 
  2.17        for consumption on tap on the
  2.18        licensed premises or for off-sale
  2.19        from that licensed premises.
  2.20        A brewer licensed
  2.21        under this clause must obtain a separate
  2.22        license for each licensed premises where
  2.23        the brewer brews malt liquor.  A brewer
  2.24        licensed under this clause may not be
  2.25        licensed as an importer under this chapter  $  500
  2.26    (e) Wholesalers (except as provided in
  2.27        clauses (f), (g), and (h))                 $15,000
  2.28        Duplicates                                 $ 3,000
  2.29    (f) Wholesalers of wines of not more
  2.30        than 25 percent alcohol by volume          $ 2,000
  2.31    (g) Wholesalers of intoxicating
  2.32        malt liquor                                $   600
  2.33        Duplicates                                 $    25
  2.34    (h) Wholesalers of 3.2 percent 
  2.35        malt liquor                                $    10
  2.36    (i) Brewers who manufacture fewer than
  3.1         2,000 barrels of malt liquor in a year     $   150
  3.2      If a business licensed under this section is destroyed, or 
  3.3   damaged to the extent that it cannot be carried on, or if it 
  3.4   ceases because of the death or illness of the licensee, the 
  3.5   commissioner may refund the license fee for the balance of the 
  3.6   license period to the licensee or to the licensee's estate. 
  3.7      Sec. 3.  Minnesota Statutes 2002, section 340A.301, 
  3.8   subdivision 7, is amended to read: 
  3.9      Subd. 7.  [INTEREST IN OTHER BUSINESS.] (a) Except as 
  3.10  provided in this subdivision, a holder of a license as a 
  3.11  manufacturer, brewer, importer, or wholesaler may not have any 
  3.12  ownership, in whole or in part, in a business holding a retail 
  3.13  intoxicating liquor or 3.2 percent malt liquor license.  The 
  3.14  commissioner may not issue a license under this section to a 
  3.15  manufacturer, brewer, importer, or wholesaler if a retailer of 
  3.16  intoxicating liquor has a direct or indirect interest in the 
  3.17  manufacturer, brewer, importer, or wholesaler.  A manufacturer 
  3.18  or wholesaler of intoxicating liquor may use or have property 
  3.19  rented for retail intoxicating liquor sales only if the 
  3.20  manufacturer or wholesaler has owned the property continuously 
  3.21  since November 1, 1933.  A retailer of intoxicating liquor may 
  3.22  not use or have property rented for the manufacture or 
  3.23  wholesaling of intoxicating liquor. 
  3.24     (b) A brewer licensed under subdivision 6, clause (d), may 
  3.25  be issued an on-sale intoxicating liquor or 3.2 percent malt 
  3.26  liquor license by a municipality for a restaurant operated in 
  3.27  the place of manufacture.  ~~Malt liquor brewed by such a licensee~~ 
  3.28  ~~may not be removed from the licensed premises unless the malt~~ 
  3.29  ~~liquor is entered in a tasting competition where none of the~~ 
  3.30  ~~malt liquor so removed is sold~~ Notwithstanding section 340A.405, 
  3.31  a brewer who holds an on-sale license issued pursuant to this 
  3.32  paragraph may, with the approval of the commissioner, be issued 
  3.33  a license by a municipality for off-sale of malt liquor produced 
  3.34  and packaged on the licensed premises.  Off-sale of malt liquor 
  3.35  shall be limited to the legal hours for off-sale at exclusive 
  3.36  liquor stores in the jurisdiction in which the brewer is 
  4.1   located, and the malt liquor sold off-sale must be removed from 
  4.2   the premises before the applicable off-sale closing time at 
  4.3   exclusive liquor stores.  The malt liquor shall be packaged in 
  4.4   64-ounce containers commonly known as "growlers."  The 
  4.5   containers shall bear a twist type closure, cork, stopper, or 
  4.6   plug.  At the time of the sale, a paper or plastic adhesive 
  4.7   band, strip, or sleeve shall be applied to the container and 
  4.8   extend over the top of the twist type closure, cork, stopper, or 
  4.9   plug forming a seal that must be broken upon opening of the 
  4.10  container.  The adhesive band, strip, or sleeve shall bear the 
  4.11  name and address of the brewer.  The containers shall be 
  4.12  identified as malt liquor, contain the name of the malt liquor, 
  4.13  bear the name and address of the brewer selling the malt liquor, 
  4.14  and shall be considered intoxicating liquor unless the alcoholic 
  4.15  content is labeled as otherwise in accordance with the 
  4.16  provisions of Minnesota Rules, part 7515.1100.  A brewer's total 
  4.17  retail sales at on- or off-sale under this paragraph may not 
  4.18  exceed 3,500 barrels per year, provided that off-sales may not 
  4.19  total more than 50 percent of the brewer's production or 500 
  4.20  barrels, whichever is less.  A brewer licensed under subdivision 
  4.21  6, clause (d), may hold or have an interest in other retail 
  4.22  on-sale licenses, but may not have an ownership interest in 
  4.23  whole or in part, or be an officer, director, agent, or employee 
  4.24  of, any other manufacturer, brewer, importer, or wholesaler, or 
  4.25  be an affiliate thereof whether the affiliation is corporate or 
  4.26  by management, direction, or control.  Notwithstanding this 
  4.27  prohibition, a brewer licensed under subdivision 6, clause (d), 
  4.28  may be an affiliate or subsidiary company of a brewer licensed 
  4.29  in Minnesota or elsewhere if that brewer's only manufacture of 
  4.30  malt liquor is: 
  4.31     (i) manufacture licensed under subdivision 6, clause (d); 
  4.32     (ii) manufacture in another state for consumption 
  4.33  exclusively in a restaurant located in the place of manufacture; 
  4.34  or 
  4.35     (iii) manufacture in another state for consumption 
  4.36  primarily in a restaurant located in or immediately adjacent to 
  5.1   the place of manufacture if the brewer was licensed under 
  5.2   subdivision 6, clause (d), on January 1, 1995. 
  5.3      (c) Except as provided in subdivision 7a, no brewer as 
  5.4   defined in subdivision 7a or importer may have any interest, in 
  5.5   whole or in part, directly or indirectly, in the license, 
  5.6   business, assets, or corporate stock of a licensed malt liquor 
  5.7   wholesaler. 
  5.8      Sec. 4.  Minnesota Statutes 2002, section 340A.308, is 
  5.9   amended to read: 
  5.10     340A.308 [PROHIBITED TRANSACTIONS.] 
  5.11     (a) Except as otherwise provided in section 340A.301, no 
  5.12  brewer or malt liquor wholesaler may directly or indirectly, or 
  5.13  through an affiliate or subsidiary company, or through an 
  5.14  officer, director, stockholder, or partner: 
  5.15     (1) give, or lend money, credit, or other thing of value to 
  5.16  a retailer; 
  5.17     (2) give, lend, lease, or sell furnishing or equipment to a 
  5.18  retailer; 
  5.19     (3) have an interest in a retail license; or 
  5.20     (4) be bound for the repayment of a loan to a retailer. 
  5.21     (b) No retailer may solicit any equipment, fixture, 
  5.22  supplies, money, or other thing of value from a brewer or malt 
  5.23  liquor wholesaler if furnishing of these items by the brewer or 
  5.24  wholesaler is prohibited by law and the retailer knew or had 
  5.25  reason to know that the furnishing is prohibited by law. 
  5.26     (c) This section does not prohibit a manufacturer or 
  5.27  wholesaler from: 
  5.28     (1) furnishing, lending, or renting to a retailer outside 
  5.29  signs, of a cost of up to $400 excluding installation and repair 
  5.30  costs; 
  5.31     (2) furnishing, lending, or renting to a retailer inside 
  5.32  signs and other promotional material, of a cost of up to $300 in 
  5.33  a year; 
  5.34     (3) furnishing to or maintaining for a retailer equipment 
  5.35  for dispensing malt liquor, including tap trailers, cold plates 
  5.36  and other dispensing equipment, of a cost of up to $100 per tap 
  6.1   in a year; 
  6.2      (4) using or renting property owned continually since 
  6.3   November 1, 1933, for the purpose of selling intoxicating or 3.2 
  6.4   percent malt liquor at retail; 
  6.5      (5) extending customary commercial credit to a retailer in 
  6.6   connection with a sale of nonalcoholic beverages only, or 
  6.7   engaging in cooperative advertising agreements with a retailer 
  6.8   in connection with the sale of nonalcoholic beverages only; or 
  6.9      (6) in the case of a wholesaler, with the prior written 
  6.10  consent of the commissioner, selling beer on consignment to a 
  6.11  holder of a temporary license under section 340A.403, 
  6.12  subdivision 2, or 340A.404, subdivision 10. 
  6.13     Sec. 5.  Minnesota Statutes 2002, section 340A.318, 
  6.14  subdivision 3, is amended to read: 
  6.15     Subd. 3.  [POSTING; NOTICE.] Verified lists or statements 
  6.16  required by subdivision 2 shall be posted by the commissioner in 
  6.17  offices of the department in places available for public 
  6.18  inspection not later than the ~~day~~ Monday following receipt.  
  6.19  Documents posted shall constitute notice to every distiller, 
  6.20  manufacturer, or wholesaler of the information posted.  Actual 
  6.21  notice, however received, also constitutes notice. 
  6.22     Sec. 6.  Minnesota Statutes 2002, section 340A.404, 
  6.23  subdivision 1, is amended to read: 
  6.24     Subdivision 1.  [CITIES.] (a) A city may issue an on-sale 
  6.25  intoxicating liquor license to the following establishments 
  6.26  located within its jurisdiction: 
  6.27     (1) hotels; 
  6.28     (2) restaurants; 
  6.29     (3) bowling centers; 
  6.30     (4) clubs or congressionally chartered veterans 
  6.31  organizations with the approval of the commissioner, provided 
  6.32  that the organization has been in existence for at least three 
  6.33  years and liquor sales will only be to members and bona fide 
  6.34  guests; 
  6.35     (5) sports facilities located on land owned by the 
  6.36  metropolitan sports commission; and 
  7.1      (6) exclusive liquor stores.  
  7.2      (b) A city may issue an on-sale intoxicating liquor 
  7.3   license, an on-sale wine license, or an on-sale malt liquor 
  7.4   license to a theater within the city, notwithstanding any law, 
  7.5   local ordinance, or charter provision.  A license issued under 
  7.6   this paragraph authorizes sales on all days of the week to 
  7.7   persons attending events at the theater. 
  7.8      Sec. 7.  Minnesota Statutes 2002, section 340A.404, 
  7.9   subdivision 2, is amended to read: 
  7.10     Subd. 2.  [SPECIAL PROVISION; CITY OF MINNEAPOLIS.] (a) The 
  7.11  city of Minneapolis may issue an on-sale intoxicating liquor 
  7.12  license to the Guthrie Theater, the Cricket Theatre, the Orpheum 
  7.13  Theatre, ~~and~~ the State Theatre, and the Historic Pantages 
  7.14  Theatre, notwithstanding the limitations of law, or local 
  7.15  ordinance, or charter provision relating to zoning or school or 
  7.16  church distances.  The licenses authorize sales on all days of 
  7.17  the week to holders of tickets for performances presented by the 
  7.18  theaters and to members of the nonprofit corporations holding 
  7.19  the licenses and to their guests. 
  7.20     (b) The city of Minneapolis may issue an intoxicating 
  7.21  liquor license to 510 Groveland Associates, a Minnesota 
  7.22  cooperative, for use by a restaurant on the premises owned by 
  7.23  510 Groveland Associates, notwithstanding limitations of law, or 
  7.24  local ordinance, or charter provision. 
  7.25     (c) The city of Minneapolis may issue an on-sale 
  7.26  intoxicating liquor license to Zuhrah Shrine Temple for use on 
  7.27  the premises owned by Zuhrah Shrine Temple at 2540 Park Avenue 
  7.28  South in Minneapolis, and to the American Swedish Institute for 
  7.29  use on the premises owned by the American Swedish Institute at 
  7.30  2600 Park Avenue South, notwithstanding limitations of law, or 
  7.31  local ordinances, or charter provision relating to zoning or 
  7.32  school or church distances. 
  7.33     (d) The city of Minneapolis may issue an on-sale 
  7.34  intoxicating liquor license to the American Association of 
  7.35  University Women, Minneapolis branch, for use on the premises 
  7.36  owned by the American Association of University Women, 
  8.1   Minneapolis branch, at 2115 Stevens Avenue South in Minneapolis, 
  8.2   notwithstanding limitations of law, or local ordinances, or 
  8.3   charter provisions relating to zoning or school or church 
  8.4   distances. 
  8.5      (e) The city of Minneapolis may issue an on-sale wine 
  8.6   license and an on-sale 3.2 percent malt liquor license to a 
  8.7   restaurant located at 5000 Penn Avenue South, and an on-sale 
  8.8   wine license and an on-sale malt liquor license to a restaurant 
  8.9   located at 1931 Nicollet Avenue South, notwithstanding any law 
  8.10  or local ordinance or charter provision. 
  8.11     (f) The city of Minneapolis may issue an on-sale wine 
  8.12  license and an on-sale malt liquor license to the Brave New 
  8.13  Workshop Theatre located at 3001 Hennepin Avenue South, the 
  8.14  Theatre de la Jeune Lune, the Illusion Theatre located at 528 
  8.15  Hennepin Avenue South, the Hollywood Theatre located at 2815 
  8.16  Johnson Street Northeast, the Loring Playhouse located at 1633 
  8.17  Hennepin Avenue South, ~~and~~ the Jungle Theater located at 2951 
  8.18  Lyndale Avenue South, Brave New Institute located at 2605 
  8.19  Hennepin Avenue South, the Guthrie Lab located at 700 North 
  8.20  First Street, and the Southern Theatre located at 1420 
  8.21  Washington Avenue South, notwithstanding any law or local 
  8.22  ordinance or charter provision.  The license authorizes sales on 
  8.23  all days of the week. 
  8.24     (g) The city of Minneapolis may issue an on-sale 
  8.25  intoxicating liquor license to University Gateway Corporation, a 
  8.26  Minnesota nonprofit corporation, for use by a restaurant or 
  8.27  catering operator at the building owned and operated by the 
  8.28  University Gateway Corporation on the University of Minnesota 
  8.29  campus, notwithstanding limitations of law, or local ordinance 
  8.30  or charter provision.  The license authorizes sales on all days 
  8.31  of the week. 
  8.32     Sec. 8.  Minnesota Statutes 2002, section 340A.411, 
  8.33  subdivision 1, is amended to read: 
  8.34     Subdivision 1.  [ON-SALE LICENSES.] On-sale 3.2 percent 
  8.35  malt liquor licenses may only be issued to drugstores, 
  8.36  restaurants, hotels, clubs, bowling centers, golf courses, and 
  9.1   establishments used exclusively for the sale of 3.2 percent malt 
  9.2   liquor with the incidental sale of tobacco and soft drinks. 
  9.3      Sec. 9.  Minnesota Statutes 2002, section 340A.413, 
  9.4   subdivision 4, is amended to read: 
  9.5      Subd. 4.  [EXCLUSIONS FROM LICENSE LIMITS.] On-sale 
  9.6   intoxicating liquor licenses may be issued to the following 
  9.7   entities by a city, in addition to the number authorized by this 
  9.8   section: 
  9.9      (1) clubs, or congressionally chartered veterans 
  9.10  organizations; 
  9.11     (2) restaurants ~~located at a racetrack licensed under~~ 
  9.12  ~~chapter 240~~; 
  9.13     (3) establishments that are issued licenses to sell wine 
  9.14  under section 340A.404, subdivision 5; ~~and~~ 
  9.15     (4) theaters that are issued licenses under section 
  9.16  340A.404~~, subdivision 2~~; 
  9.17     (5) hotels; and 
  9.18     (6) bowling centers. 
  9.19     Sec. 10.  Minnesota Statutes 2002, section 340A.504, 
  9.20  subdivision 1, is amended to read: 
  9.21     Subdivision 1.  [3.2 PERCENT MALT LIQUOR.] No sale of 3.2 
  9.22  percent malt liquor may be made between ~~1:00~~ 2:00 a.m. and 8:00 
  9.23  a.m. on the days of Monday through Saturday, nor between ~~1:00~~ 
  9.24  2:00 a.m. and 12:00 noon on Sunday, provided that an 
  9.25  establishment located on land owned by the metropolitan sports 
  9.26  commission, or the sports arena for which one or more licenses 
  9.27  have been issued under section 340A.404, subdivision 2, 
  9.28  paragraph (c), may sell 3.2 percent malt liquor between 10:00 
  9.29  a.m. and 12:00 noon on a Sunday on which a sports or other event 
  9.30  is scheduled to begin at that location on or before 1:00 p.m. of 
  9.31  that day. 
  9.32     Sec. 11.  Minnesota Statutes 2002, section 340A.504, 
  9.33  subdivision 2, is amended to read: 
  9.34     Subd. 2.  [INTOXICATING LIQUOR; ON-SALE.] No sale of 
  9.35  intoxicating liquor for consumption on the licensed premises may 
  9.36  be made: 
 10.1      (1) between ~~1:00~~ 2:00 a.m. and 8:00 a.m. on the days of 
 10.2   Monday through Saturday; 
 10.3      (2) after ~~1:00~~ 2:00 a.m. on Sundays, except as provided by 
 10.4   subdivision 3. 
 10.5      Sec. 12.  Minnesota Statutes 2002, section 340A.504, 
 10.6   subdivision 3, is amended to read: 
 10.7      Subd. 3.  [INTOXICATING LIQUOR; SUNDAY SALES; ON-SALE.] (a) 
 10.8   A restaurant, club, bowling center, or hotel with a seating 
 10.9   capacity for at least 30 persons and which holds an on-sale 
 10.10  intoxicating liquor license may sell intoxicating liquor for 
 10.11  consumption on the premises in conjunction with the sale of food 
 10.12  between the hours of 12:00 noon on Sundays and ~~1:00~~ 2:00 a.m. on 
 10.13  Mondays. 
 10.14     (b) The governing body of a municipality may after one 
 10.15  public hearing by ordinance permit a restaurant, hotel, bowling 
 10.16  center, or club to sell alcoholic beverages for consumption on 
 10.17  the premises in conjunction with the sale of food between the 
 10.18  hours of 10:00 a.m. on Sundays and ~~1:00~~ 2:00 a.m. on Mondays, 
 10.19  provided that the licensee is in conformance with the Minnesota 
 10.20  Clean Air Act. 
 10.21     (c) An establishment serving intoxicating liquor on Sundays 
 10.22  must obtain a Sunday license.  The license must be issued by the 
 10.23  governing body of the municipality for a period of one year, and 
 10.24  the fee for the license may not exceed $200. 
 10.25     (d) A city may issue a Sunday intoxicating liquor license 
 10.26  only if authorized to do so by the voters of the city voting on 
 10.27  the question at a general or special election.  A county may 
 10.28  issue a Sunday intoxicating liquor license in a town only if 
 10.29  authorized to do so by the voters of the town as provided in 
 10.30  paragraph (e).  A county may issue a Sunday intoxicating liquor 
 10.31  license in unorganized territory only if authorized to do so by 
 10.32  the voters of the election precinct that contains the licensed 
 10.33  premises, voting on the question at a general or special 
 10.34  election. 
 10.35     (e) An election conducted in a town on the question of the 
 10.36  issuance by the county of Sunday sales licenses to 
 11.1   establishments located in the town must be held on the day of 
 11.2   the annual election of town officers. 
 11.3      (f) Voter approval is not required for licenses issued by 
 11.4   the metropolitan airports commission or common carrier licenses 
 11.5   issued by the commissioner.  Common carriers serving 
 11.6   intoxicating liquor on Sunday must obtain a Sunday license from 
 11.7   the commissioner at an annual fee of $50, plus $20 for each 
 11.8   duplicate.  
 11.9      Sec. 13.  Minnesota Statutes 2002, section 340A.510, 
 11.10  subdivision 1, is amended to read: 
 11.11     Subdivision 1.  [SAMPLES FOR OTHER THAN MALT LIQUOR 
 11.12  AUTHORIZED.] On- or off-sale ~~licenses~~ retail licensees and 
 11.13  municipal liquor stores may provide, or permit a licensed 
 11.14  manufacturer or a wholesaler or its agents to provide on the 
 11.15  premises of the retail licensee or municipal liquor store, 
 11.16  samples of ~~malt liquor,~~ wine, liqueurs, cordials, and distilled 
 11.17  spirits which the retail licensee or municipal liquor store 
 11.18  currently has in stock and is offering for sale to the general 
 11.19  public without obtaining an additional license, provided the 
 11.20  wine, liqueur, cordial, and distilled spirits samples are 
 11.21  dispensed at no charge and consumed on the licensed premises 
 11.22  during the permitted hours of ~~off-sale~~ sale in a quantity less 
 11.23  than ~~100 milliliters of malt liquor per variety per customer,~~ 50 
 11.24  milliliters of wine per variety per customer, 25 milliliters of 
 11.25  liqueur or cordial, and 15 milliliters of distilled spirits per 
 11.26  variety per customer. 
 11.27     Sec. 14.  Minnesota Statutes 2002, section 340A.510, 
 11.28  subdivision 2, is amended to read: 
 11.29     Subd. 2.  [MALT LIQUOR ~~FURNISHED FOR SAMPLING~~ SAMPLES 
 11.30  AUTHORIZED.] (a) Notwithstanding section 340A.308, ~~with respect~~ 
 11.31  ~~only to sampling authorized under subdivision 1,~~ a brewer may 
 11.32  purchase from or furnish at no cost to ~~an off-sale~~ a licensed 
 11.33  retailer malt liquor the brewer manufactures if: 
 11.34     (1) the malt liquor is dispensed by the retailer only for 
 11.35  ~~tastings authorized under subdivision 1~~ samples in a quantity of 
 11.36  less than 100 milliliters of malt liquor per variety per 
 12.1   customer; 
 12.2      (2) where the brewer furnishes the malt liquor, the 
 12.3   retailer makes available for return to the brewer any unused 
 12.4   malt liquor and empty containers; 
 12.5      (3) the samples are dispensed by an employee of the 
 12.6   retailer or brewer or by a sampling service retained by the 
 12.7   retailer or brewer and not affiliated directly or indirectly 
 12.8   with a malt liquor wholesaler; 
 12.9      (4) ~~the brewer furnishes~~ not more than three cases of malt 
 12.10  liquor are purchased from or furnished to the retailer by the 
 12.11  brewer for each sampling; 
 12.12     (5) each sampling continues for not more than eight hours; 
 12.13     (6) the brewer has furnished malt liquor for not more than 
 12.14  five samplings for any retailer in any calendar year; 
 12.15     (7) where the brewer furnishes the malt liquor, the brewer 
 12.16  delivers the malt liquor for the sampling to its exclusive 
 12.17  wholesaler for that malt liquor; 
 12.18     (8) the brewer has at least seven days before the sampling 
 12.19  filed with the commissioner, on a form the commissioner 
 12.20  prescribes, written notice of intent to furnish malt liquor for 
 12.21  the sampling, which contains (i) the name and address of the 
 12.22  retailer conducting the sampling, (ii) the maximum amount of 
 12.23  malt liquor ~~being~~ to be furnished or purchased by the brewer, 
 12.24  (iii) the number of times the brewer has furnished malt liquor 
 12.25  to the retailer in the calendar year in which the notice is 
 12.26  filed, (iv) the date and time of the sampling, (v) where the 
 12.27  brewer furnishes the malt liquor, the exclusive wholesaler to 
 12.28  whom the brewer will deliver the malt liquor, and (vi) a 
 12.29  statement by the brewer to the effect that to the brewer's 
 12.30  knowledge all requirements of this section have been or will be 
 12.31  complied with; and 
 12.32     (9) the commissioner has not notified the brewer filing the 
 12.33  notice under clause (8) that the commissioner disapproves the 
 12.34  notice. 
 12.35     (b) For purposes of this subdivision, "licensed retailer" 
 12.36  means a licensed on-sale or off-sale retailer of alcoholic 
 13.1   beverages and a municipal liquor store ~~that sells at off-sale~~. 
 13.2      Sec. 15.  Minnesota Statutes 2002, section 340A.511, is 
 13.3   amended to read: 
 13.4      340A.511 [CERTAIN SIZES MAY BE SOLD.] 
 13.5      (a) An off-sale retailer of intoxicating liquor may sell 
 13.6   distilled spirits in bottles of 50 milliliters. 
 13.7      (b) An on-sale intoxicating liquor licensee whose licensed 
 13.8   premises includes a golf course or who is a common carrier may 
 13.9   dispense distilled spirits from 50-milliliter bottles. 
 13.10     Sec. 16.  [CITY OF BLAINE; ON-SALE LICENSES.] 
 13.11     The city of Blaine may issue 15 on-sale intoxicating liquor 
 13.12  licenses in addition to the number authorized by law.  All 
 13.13  provisions of Minnesota Statutes, chapter 340A, not inconsistent 
 13.14  with this section, apply to the licenses authorized by this 
 13.15  section. 
 13.16     Sec. 17.  [CITY OF DULUTH; ON-SALE LICENSE.] 
 13.17     The city of Duluth may issue one on-sale intoxicating 
 13.18  liquor license in addition to the number authorized by law for 
 13.19  the St. Louis County Heritage and Arts Center, commonly known as 
 13.20  the Duluth Depot.  All provisions of Minnesota Statutes, chapter 
 13.21  340A, not inconsistent with this section, apply to the license 
 13.22  authorized by this section. 
 13.23     Sec. 18.  [CITY OF HASTINGS; ON-SALE LICENSES.] 
 13.24     The city of Hastings may issue three on-sale intoxicating 
 13.25  liquor licenses in addition to the number authorized by law.  
 13.26  All provisions of Minnesota Statutes, chapter 340A, not 
 13.27  inconsistent with this section, apply to the licenses authorized 
 13.28  by this section. 
 13.29     Sec. 19.  [CITY OF MAPLE GROVE; ON-SALE LICENSES.] 
 13.30     The city of Maple Grove may issue 12 on-sale intoxicating 
 13.31  liquor licenses in addition to the number authorized by law.  
 13.32  All provisions of Minnesota Statutes, chapter 340A, not 
 13.33  inconsistent with this section, apply to the licenses authorized 
 13.34  under this section. 
 13.35     Sec. 20.  [CITY OF ST. JOSEPH; ON-SALE LICENSES.] 
 13.36     The city of St. Joseph may issue three on-sale intoxicating 
 14.1   liquor licenses in addition to the number authorized by law.  
 14.2   All provisions of Minnesota Statutes, chapter 340A, not 
 14.3   inconsistent with this section, apply to the licenses authorized 
 14.4   by this section. 
 14.5      Sec. 21.  [CITY OF ST. MICHAEL; ON-SALE LICENSES.] 
 14.6      The city of St. Michael may issue five on-sale liquor 
 14.7   licenses in addition to the number authorized by law.  All 
 14.8   provisions of Minnesota Statutes, chapter 340A, not inconsistent 
 14.9   with this section, apply to the licenses authorized under this 
 14.10  section. 
 14.11     Sec. 22.  [CITY OF SARTELL; ON-SALE LICENSES.] 
 14.12     The city of Sartell may issue five on-sale intoxicating 
 14.13  liquor licenses in addition to the number authorized by law.  
 14.14  All provisions of Minnesota Statutes, chapter 340A, not 
 14.15  inconsistent with this section, apply to the licenses authorized 
 14.16  by this section. 
 14.17     Sec. 23.  [CITY OF STILLWATER; ON-SALE LICENSES.] 
 14.18     The city of Stillwater may issue two on-sale intoxicating 
 14.19  liquor licenses in addition to the number authorized by law.  
 14.20  All provisions of Minnesota Statutes, chapter 340A, not 
 14.21  inconsistent with this section, apply to the licenses authorized 
 14.22  under this section.  
 14.23     Sec. 24.  [CITY OF THIEF RIVER FALLS; ON-SALE LICENSE.] 
 14.24     The city of Thief River Falls may issue one on-sale 
 14.25  intoxicating liquor license in addition to the number authorized 
 14.26  by law.  All provisions of Minnesota Statutes, chapter 340A, not 
 14.27  inconsistent with this section apply to the licenses authorized 
 14.28  by this section. 
 14.29     Sec. 25.  [CITY OF WACONIA; ON-SALE LICENSES.] 
 14.30     The city of Waconia may issue three on-sale intoxicating 
 14.31  liquor licenses in addition to the number authorized by law.  
 14.32  All provisions of Minnesota Statutes, chapter 340A, not 
 14.33  inconsistent with this section, apply to the licenses authorized 
 14.34  under this section. 
 14.35     Sec. 26.  [CITY OF WOODBURY; ON-SALE LICENSES.] 
 14.36     The city of Woodbury may issue 12 on-sale intoxicating 
 15.1   liquor licenses in addition to the number authorized by law.  
 15.2   All provisions of Minnesota Statutes, chapter 340A, not 
 15.3   inconsistent with this section, apply to the licenses authorized 
 15.4   by this section. 
 15.5      Sec. 27.  [MINNESOTA CENTENNIAL SHOWBOAT.] 
 15.6      The city of St. Paul may issue an on-sale intoxicating 
 15.7   liquor license for the Minnesota Centennial Showboat, moored at 
 15.8   110 Yacht Club Road, Harriet Island, notwithstanding any law, 
 15.9   local ordinance, or charter provision.  The license must be 
 15.10  issued to a holder of a river tour boat license under Minnesota 
 15.11  Statutes, section 340A.404, subdivision 8.  The license 
 15.12  authorizes sales on all days of the week. 
 15.13     Sec. 28.  [ELKO SPEEDWAY; ON-SALE LICENSE.] 
 15.14     Notwithstanding Minnesota Statutes, section 340A.404, 
 15.15  subdivision 1, the city of Elko may issue an on-sale 
 15.16  intoxicating liquor license to the Elko Speedway in addition to 
 15.17  the number authorized by law.  The license may authorize sales 
 15.18  only to persons attending racing events at the speedway.  All 
 15.19  provisions of Minnesota Statutes, chapter 340A, not inconsistent 
 15.20  with this provision, apply to the license authorized under this 
 15.21  section.  The license may be issued for a space that is not 
 15.22  compact and contiguous, provided that the licensed premises may 
 15.23  include only the space within the fenced grandstand area as 
 15.24  described in the approved license application. 
 15.25     Sec. 29.  [WINE LICENSES; STATE FAIR.] 
 15.26     (a) Notwithstanding Minnesota Statutes, sections 37.21 and 
 15.27  340A.412, subdivision 4, paragraph (a), clause (3), the city of 
 15.28  St. Paul may issue a license to the holder of a state fair 
 15.29  concessions contract with the state agricultural society which 
 15.30  authorizes the licensee to sell Minnesota-produced wine by the 
 15.31  glass at the state fair in connection with the sale of food by 
 15.32  the concessionaire.  All provisions of Minnesota Statutes, 
 15.33  chapter 340A, not inconsistent herewith, apply to licenses 
 15.34  issued under this section. 
 15.35     (b) For purposes of this section "Minnesota-produced wine" 
 15.36  means wine produced by a farm winery licensed under Minnesota 
 16.1   Statutes, section 340A.315, and made from at least 75 percent 
 16.2   Minnesota-grown grapes, grape juice, other fruit bases, other 
 16.3   juices, and honey. 
 16.4      Sec. 30.  [EFFECTIVE DATE.] 
 16.5      Sections 1 to 9 and 13 to 29 are effective the day 
 16.6   following final enactment." 
 16.7      Delete the title and insert: 
 16.8                          "A bill for an act 
 16.9             relating to liquor; allowing brewpubs to make 
 16.10            off-sales of the brewpub's own product under certain 
 16.11            circumstances; modifying a posting requirement; 
 16.12            modifying licensing provisions; expanding sale hours; 
 16.13            modifying sampling provisions; authorizing certain 
 16.14            local on-sale licenses; amending Minnesota Statutes 
 16.15            2002, sections 340A.101, by adding a subdivision; 
 16.16            340A.301, subdivisions 6, 7; 340A.308; 340A.318, 
 16.17            subdivision 3; 340A.404, subdivisions 1, 2; 340A.411, 
 16.18            subdivision 1; 340A.413, subdivision 4; 340A.504, 
 16.19            subdivisions 1, 2, 3; 340A.510, subdivisions 1, 2; 
 16.20            340A.511." 
 17.1      We request adoption of this report and repassage of the 
 17.2   bill. 
 17.5      House Conferees: 
 17.8   .........................     .........................
 17.9   Michael Beard                 Andrew Westerberg 
 17.12  .........................     
 17.13  Al Juhnke                      
 17.18     Senate Conferees: 
 17.21  .........................     .........................
 17.22  Sandra L. Pappas              Linda Higgins  
 17.25  .........................     
 17.26  Mark Ourada