1.1 	A bill for an act
1.2 	relating to liquor; allowing Minnesota farm wineries to produce certain fortified 
1.3 	wines;amending Minnesota Statutes 2004, sections 340A.101, subdivision 11, 
1.4 	by adding a subdivision; 340A.315, subdivisions 1, 2, 3, 4.
1.5 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.6 	Section 1. Minnesota Statutes 2004, section 340A.101, subdivision 11, is amended to 
1.7 	read:
1.8 		Subd. 11.Farm winery. "Farm winery" is a winery operated by the owner of a 
1.9 	Minnesota farm and producing table or, sparkling, or fortified  wines from grapes, grape 
1.10 	juice, other fruit bases, or honey with a majority of the ingredients grown or produced 
1.11 	in Minnesota.

1.12 	Sec. 2. Minnesota Statutes 2004, section 340A.101, is amended by adding a 
1.13 	subdivision to read:
1.14 		Subd. 30.Fortified wine. "Fortified wine" is wine to which brandy, or neutral grape 
1.15 	spirits, has been added during or after fermentation resulting in a beverage containing 
1.16 	not less than one-half of one percent nor more than 24 percent alcohol by volume for 
1.17 	nonindustrial use.

1.18 	Sec. 3. Minnesota Statutes 2004, section 340A.315, subdivision 1, is amended to read:
1.19 		Subdivision 1.Licenses. The commissioner may issue a farm winery license to 
1.20 	the owner or operator of a farm winery located within the state and producing table or,
1.21 	sparkling, or fortified  wines. Licenses may be issued and renewed for an annual fee of 
1.22 	$50, which is in lieu of all other license fees required by this chapter.

2.1 	Sec. 4. Minnesota Statutes 2004, section 340A.315, subdivision 2, is amended to read:
2.2 		Subd. 2.Sales. A license authorizes the sale, on the farm winery premises, of table 
2.3 	or, sparkling, or fortified  wines produced by that farm winery at on-sale or off-sale, in 
2.4 	retail, or wholesale lots in total quantities not in excess of 50,000 gallons in a calendar 
2.5 	year, glassware, wine literature and accessories, cheese and cheese spreads, and the 
2.6 	dispensing of free samples of the wines offered for sale. Sales at on-sale and off-sale may 
2.7 	be made on Sundays between 12:00 noon and 12:00 midnight. Labels for each type or 
2.8 	brand produced must be registered with the commissioner, without fee prior to sale.

2.9 	Sec. 5. Minnesota Statutes 2004, section 340A.315, subdivision 3, is amended to read:
2.10 		Subd. 3.Applicability. Except as otherwise specified in this section, all provisions 
2.11 	of this chapter govern the production, sale, possession, and consumption of table or, 
2.12 	 sparkling, or fortified  wines produced by a farm winery.

2.13 	Sec. 6. Minnesota Statutes 2004, section 340A.315, subdivision 4, is amended to read:
2.14 		Subd. 4.Minnesota products. If Minnesota produced or grown grapes, grape juice, 
2.15 	other fruit bases, or honey is not available in quantities sufficient to constitute a majority 
2.16 	of the table or,  sparkling, or fortified  wine produced by a farm winery, the holder of the 
2.17 	farm winery license may file an affidavit stating this fact with the commissioner. If the 
2.18 	commissioner, after consultation with the commissioner of agriculture, determines this to 
2.19 	be true, the farm winery may use imported products and shall continue to be governed by 
2.20 	the provisions of this section. The affidavit is effective for a period of one year, after which 
2.21 	time the farm winery must use the required amount of Minnesota products as provided by 
2.22 	subdivision 1 unless the farm winery holder files a new affidavit with the commissioner.

2.23 	Sec. 7. EFFECTIVE DATE.
 2.24 	This act is effective the day following final enactment.