Minnesota Legislature
SF 3672
1st Unofficial Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am
KEY: stricken = removed, old language.
underscored = added, new language.
1.2relating to liquor; regulating consumption and service of alcohol under certain
1.3conditions; authorizing a liquor license; requiring a report;amending Minnesota
1.4Statutes 2006, section 169A.35, subdivision 6; Minnesota Statutes 2007
1.5Supplement, section 340A.412, subdivision 4.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2006, section 169A.35, subdivision 6, is amended to
1.8read:
1.9 Subd. 6. Exceptions. (a) This section does not prohibit the possession or
1.10consumption of alcoholic beverages by passengers in:
1.11 (1) a bus that is operated by a motor carrier of passengers, as defined in section
1.12221.011, subdivision 48
; or
1.13 (2) a vehicle that is operated for commercial purposes in a manner similar to a
1.14bicycle as defined in section 169.01, subdivision 51, with three or more passengers who
1.15provide pedal power to the drive train of the vehicle; or
1.16(2) (3) a vehicle providing limousine service as defined in section
221.84,
1.17subdivision 1 .
1.18 (b) Subdivisions 3 and 4 do not apply to a bottle or receptacle that is in the trunk
1.19of the vehicle if it is equipped with a trunk, or that is in another area of the vehicle not
1.20normally occupied by the driver and passengers if the vehicle is not equipped with a
1.21trunk. However, a utility compartment or glove compartment is deemed to be within the
1.22area occupied by the driver and passengers.
1.23EFFECTIVE DATE.This section is effective the day following final enactment.
2.1 Sec. 2. Minnesota Statutes 2007 Supplement, section 340A.412, subdivision 4, is
2.2amended to read:
2.3 Subd. 4. Licenses prohibited in certain areas. (a) No license to sell intoxicating
2.4liquor may be issued within the following areas:
2.5 (1) where restricted against commercial use through zoning ordinances and other
2.6proceedings or legal processes regularly had for that purpose, except licenses may be
2.7issued to restaurants in areas which were restricted against commercial uses after the
2.8establishment of the restaurant;
2.9 (2) within the Capitol or on the Capitol grounds, except as provided under Laws
2.101983, chapter 259, section 9, or Laws 1999, chapter 202, section 13;
2.11 (3) on the State Fairgrounds, except as provided under section 37.21, subdivision 2;
2.12 (4) on the campus of the College of Agriculture of the University of Minnesota;
2.13 (5) within 1,000 feet of a state hospital, training school, reformatory, prison, or other
2.14institution under the supervision or control, in whole or in part, of the commissioner of
2.15human services or the commissioner of corrections;
2.16 (6) in a town or municipality in which a majority of votes at the last election
2.17at which the question of license was voted upon were not in favor of license under
2.18section340A.416 , or within one-half mile of any such town or municipality, except that
2.19intoxicating liquor manufactured within this radius may be sold to be consumed outside it;
2.20 (7) within 1,500 feet of a state university, except that:
2.21 (i) the minimum distance in the case of Winona and Southwest State University is
2.221,200 feet, measured by a direct line from the nearest corner of the administration building
2.23to the main entrance of the licensed establishment;
2.24 (ii) within 1,500 feet of St. Cloud State University one on-sale wine and two off-sale
2.25intoxicating liquor licenses may be issued, measured by a direct line from the nearest
2.26corner of the administration building to the main entrance of the licensed establishment;
2.27 (iii) at Mankato State University the distance is measured from the front door of
2.28the student union of the Highland campus;
2.29 (iv) a temporary license under section340A.404, subdivision 10 , may be issued to
2.30a location on the grounds of a state university for an event sponsored or approved by
2.31the state university; and
2.32 (v) this restriction does not apply to the area surrounding the premises of
2.33Metropolitan State University in Minneapolis; and
2.34 (8) within 1,500 feet of any public school that is not within a city.
3.1 (b) The restrictions of this subdivision do not apply to a manufacturer or wholesaler
3.2of intoxicating liquor or to a drugstore or to a person who had a license originally issued
3.3lawfully prior to July 1, 1967.
3.4EFFECTIVE DATE.This section is effective the day following final enactment.
3.5 Sec. 3. SPECIAL LICENSE; MINNEAPOLIS.
3.6 Notwithstanding any law, local ordinance, or charter provision, the city of
3.7Minneapolis may issue an on-sale intoxicating liquor license to a restaurant located at
3.81367 Willow Street South. The provisions of Minnesota Statutes, chapter 340A, apply to
3.9licenses issued under this section. The license authorizes sales on all days of the week.
3.10EFFECTIVE DATE.This section is effective upon approval by the Minneapolis
3.11City Council in the manner provided by Minnesota Statutes, section 645.021,
3.12notwithstanding Minnesota Statutes, section 645.023, subdivision 1, paragraph (a).
3.13 Sec. 4. TEMPORARY CLOSING TIME.
3.14 During the 2008 Republican National Convention, licensing jurisdictions that lie
3.15fully or partially within the seven-county metropolitan area may at their discretion issue
3.16special permits for service of alcohol through extended hours lasting until 4:00 a.m. each
3.17day. This section is subject to the following conditions:
3.18 (1) only holders of an existing on-sale intoxicating liquor license or a 3.2 malt liquor
3.19license are eligible for later closing hours;
3.20 (2) later closing hours apply only during the period from 12:00 p.m. on August 31,
3.212008, through 4:00 a.m. on September 5, 2008;
3.22 (3) local licensing jurisdictions issuing special permits to operate with extended
3.23hours during these days, may charge a fee up to but not to exceed $2,500 for such a
3.24permit. In the process of issuing a permit under this section, the licensing jurisdiction
3.25may limit approval to specified geographic, zoning, or license classifications within its
3.26jurisdiction; and
3.27 (4) this section is repealed as of 4:01 a.m. on September 5, 2008.
3.28 Sec. 5. REPORT.
3.29 The House Research Department and Office of Senate Counsel, Research and Fiscal
3.30Analysis shall review issues surrounding the production and sale of distilled spirits by
3.31microdistillers, farm wineries, wholesalers, retailers, or other avenues for sale, and shall
3.32report to the relevant committees of the house of representatives and senate, by February
4.11, 2009, on the legal and policy implications of changes in these statutes. This report shall
4.2include a review of laws from other states, and shall not make recommendations.
1.3conditions; authorizing a liquor license; requiring a report;amending Minnesota
1.4Statutes 2006, section 169A.35, subdivision 6; Minnesota Statutes 2007
1.5Supplement, section 340A.412, subdivision 4.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2006, section 169A.35, subdivision 6, is amended to
1.8read:
1.9 Subd. 6. Exceptions. (a) This section does not prohibit the possession or
1.10consumption of alcoholic beverages by passengers in:
1.11 (1) a bus that is operated by a motor carrier of passengers, as defined in section
1.13 (2) a vehicle that is operated for commercial purposes in a manner similar to a
1.14bicycle as defined in section 169.01, subdivision 51, with three or more passengers who
1.15provide pedal power to the drive train of the vehicle; or
1.16
1.17subdivision 1
1.18 (b) Subdivisions 3 and 4 do not apply to a bottle or receptacle that is in the trunk
1.19of the vehicle if it is equipped with a trunk, or that is in another area of the vehicle not
1.20normally occupied by the driver and passengers if the vehicle is not equipped with a
1.21trunk. However, a utility compartment or glove compartment is deemed to be within the
1.22area occupied by the driver and passengers.
1.23EFFECTIVE DATE.This section is effective the day following final enactment.
2.1 Sec. 2. Minnesota Statutes 2007 Supplement, section 340A.412, subdivision 4, is
2.2amended to read:
2.3 Subd. 4. Licenses prohibited in certain areas. (a) No license to sell intoxicating
2.4liquor may be issued within the following areas:
2.5 (1) where restricted against commercial use through zoning ordinances and other
2.6proceedings or legal processes regularly had for that purpose, except licenses may be
2.7issued to restaurants in areas which were restricted against commercial uses after the
2.8establishment of the restaurant;
2.9 (2) within the Capitol or on the Capitol grounds, except as provided under Laws
2.101983, chapter 259, section 9, or Laws 1999, chapter 202, section 13;
2.11 (3) on the State Fairgrounds, except as provided under section 37.21, subdivision 2;
2.12 (4) on the campus of the College of Agriculture of the University of Minnesota;
2.13 (5) within 1,000 feet of a state hospital, training school, reformatory, prison, or other
2.14institution under the supervision or control, in whole or in part, of the commissioner of
2.15human services or the commissioner of corrections;
2.16 (6) in a town or municipality in which a majority of votes at the last election
2.17at which the question of license was voted upon were not in favor of license under
2.18section
2.19intoxicating liquor manufactured within this radius may be sold to be consumed outside it;
2.20 (7) within 1,500 feet of a state university, except that:
2.21 (i) the minimum distance in the case of Winona and Southwest State University is
2.221,200 feet, measured by a direct line from the nearest corner of the administration building
2.23to the main entrance of the licensed establishment;
2.24 (ii) within 1,500 feet of St. Cloud State University one on-sale wine and two off-sale
2.25intoxicating liquor licenses may be issued, measured by a direct line from the nearest
2.26corner of the administration building to the main entrance of the licensed establishment;
2.27 (iii) at Mankato State University the distance is measured from the front door of
2.28the student union of the Highland campus;
2.29 (iv) a temporary license under section
2.30a location on the grounds of a state university for an event sponsored or approved by
2.31the state university; and
2.32 (v) this restriction does not apply to the area surrounding the premises of
2.33Metropolitan State University in Minneapolis; and
2.34 (8) within 1,500 feet of any public school that is not within a city.
3.1 (b) The restrictions of this subdivision do not apply to a manufacturer or wholesaler
3.2of intoxicating liquor or to a drugstore or to a person who had a license originally issued
3.3lawfully prior to July 1, 1967.
3.4EFFECTIVE DATE.This section is effective the day following final enactment.
3.5 Sec. 3. SPECIAL LICENSE; MINNEAPOLIS.
3.6 Notwithstanding any law, local ordinance, or charter provision, the city of
3.7Minneapolis may issue an on-sale intoxicating liquor license to a restaurant located at
3.81367 Willow Street South. The provisions of Minnesota Statutes, chapter 340A, apply to
3.9licenses issued under this section. The license authorizes sales on all days of the week.
3.10EFFECTIVE DATE.This section is effective upon approval by the Minneapolis
3.11City Council in the manner provided by Minnesota Statutes, section 645.021,
3.12notwithstanding Minnesota Statutes, section 645.023, subdivision 1, paragraph (a).
3.13 Sec. 4. TEMPORARY CLOSING TIME.
3.14 During the 2008 Republican National Convention, licensing jurisdictions that lie
3.15fully or partially within the seven-county metropolitan area may at their discretion issue
3.16special permits for service of alcohol through extended hours lasting until 4:00 a.m. each
3.17day. This section is subject to the following conditions:
3.18 (1) only holders of an existing on-sale intoxicating liquor license or a 3.2 malt liquor
3.19license are eligible for later closing hours;
3.20 (2) later closing hours apply only during the period from 12:00 p.m. on August 31,
3.212008, through 4:00 a.m. on September 5, 2008;
3.22 (3) local licensing jurisdictions issuing special permits to operate with extended
3.23hours during these days, may charge a fee up to but not to exceed $2,500 for such a
3.24permit. In the process of issuing a permit under this section, the licensing jurisdiction
3.25may limit approval to specified geographic, zoning, or license classifications within its
3.26jurisdiction; and
3.27 (4) this section is repealed as of 4:01 a.m. on September 5, 2008.
3.28 Sec. 5. REPORT.
3.29 The House Research Department and Office of Senate Counsel, Research and Fiscal
3.30Analysis shall review issues surrounding the production and sale of distilled spirits by
3.31microdistillers, farm wineries, wholesalers, retailers, or other avenues for sale, and shall
3.32report to the relevant committees of the house of representatives and senate, by February
4.11, 2009, on the legal and policy implications of changes in these statutes. This report shall
4.2include a review of laws from other states, and shall not make recommendations.