2004 Minnesota Statutes

     340A.417 Shipments into Minnesota. 

    (a) Notwithstanding section 297G.07, subdivision 2, or any 
 provision of this chapter, a winery licensed in a state which 
 affords Minnesota wineries an equal reciprocal shipping 
 privilege, or a winery located in Minnesota, may ship, for 
 personal use and not for resale, not more than two cases of 
 wine, containing a maximum of nine liters per case, in any 
 calendar year to any resident of Minnesota age 21 or over.  
 Delivery of a shipment under this section may not be deemed a 
 sale in this state.  

    (b) The shipping container of any wine sent under this 
 section must be clearly marked "Alcoholic Beverages:  adult 
 signature (over 21 years of age) required.".  

    (c) No person may (1) advertise shipments authorized under 
 this section, (2) by advertisement or otherwise, solicit 
 shipments authorized by this section, or (3) accept orders for 
 shipments authorized by this section by use of the Internet.  No 
 shipper located outside Minnesota may advertise interstate 
 reciprocal wine shipments in Minnesota.  

    (d) It is not the intent of this section to impair the 
 distribution of wine through distributors or importing 
 distributors, but only to permit shipments of wine for personal 
 use. 

    (e) No criminal penalty may be imposed on a person for a 
 violation of this section other than a violation described in 
 paragraph (f) or (g).  Whenever it appears to the commissioner 
 that any person has engaged in any act or practice constituting 
 a violation of this section, and the violation is not within two 
 years of any previous violation of this section, the 
 commissioner shall issue and cause to be served upon the person 
 an order requiring the person to cease and desist from violating 
 this section.  The order must give reasonable notice of the 
 rights of the person to request a hearing and must state the 
 reason for the entry of the order.  Unless otherwise agreed 
 between the parties, a hearing shall be held not later than 
 seven days after the request for the hearing is received by the 
 commissioner after which and within 20 days after the receipt of 
 the administrative law judge's report and subsequent exceptions 
 and argument, the commissioner shall issue an order vacating the 
 cease and desist order, modifying it, or making it permanent as 
 the facts require.  If no hearing is requested within 30 days of 
 the service of the order, the order becomes final and remains in 
 effect until modified or vacated by the commissioner.  All 
 hearings shall be conducted in accordance with the provisions of 
 chapter 14.  If the person to whom a cease and desist order is 
 issued fails to appear at the hearing after being duly notified, 
 the person shall be deemed in default, and the proceeding may be 
 determined against the person upon consideration of the cease 
 and desist order, the allegations of which may be deemed to be 
 true. 

    (f) Any person who violates this section within two years 
 of a violation for which a cease and desist order was issued 
 under paragraph (e), is guilty of a misdemeanor. 

    (g) Any person who commits a third or subsequent violation 
 of this section, including a violation for which a cease and 
 desist order was issued under paragraph (c), within any 
 subsequent two-year period is guilty of a gross misdemeanor. 

    HIST: 1993 c 350 s 12; 1997 c 129 art 1 s 7; 1997 c 179 art 2 
 s 5; 1999 c 202 s 6