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Office of the Revisor of Statutes

Chapter 340A

Section 340A.404

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340A.404 INTOXICATING LIQUOR; ON-SALE LICENSES.
    Subdivision 1. Cities. (a) A city may issue an on-sale intoxicating liquor license to the
following establishments located within its jurisdiction:
(1) hotels;
(2) restaurants;
(3) bowling centers;
(4) clubs or congressionally chartered veterans organizations with the approval of the
commissioner, provided that the organization has been in existence for at least three years and
liquor sales will only be to members and bona fide guests;
(5) sports facilities located on land owned by the Metropolitan Sports Commission; and
(6) exclusive liquor stores.
(b) A city may issue an on-sale intoxicating liquor license, an on-sale wine license, or an
on-sale malt liquor license to a theater within the city, notwithstanding any law, local ordinance,
or charter provision. A license issued under this paragraph authorizes sales on all days of the
week to persons attending events at the theater.
    Subd. 2. Special provision; city of Minneapolis. (a) The city of Minneapolis may issue
an on-sale intoxicating liquor license to the Guthrie Theater, the Cricket Theatre, the Orpheum
Theatre, the State Theatre, and the Historic Pantages Theatre, notwithstanding the limitations of
law, or local ordinance, or charter provision relating to zoning or school or church distances. The
licenses authorize sales on all days of the week to holders of tickets for performances presented by
the theaters and to members of the nonprofit corporations holding the licenses and to their guests.
(b) The city of Minneapolis may issue an intoxicating liquor license to 510 Groveland
Associates, a Minnesota cooperative, for use by a restaurant on the premises owned by 510
Groveland Associates, notwithstanding limitations of law, or local ordinance, or charter provision.
(c) The city of Minneapolis may issue an on-sale intoxicating liquor license to Zuhrah
Shrine Temple for use on the premises owned by Zuhrah Shrine Temple at 2540 Park Avenue
South in Minneapolis, and to the American Swedish Institute for use on the premises owned by
the American Swedish Institute at 2600 Park Avenue South, notwithstanding limitations of law, or
local ordinances, or charter provision relating to zoning or school or church distances.
(d) The city of Minneapolis may issue an on-sale intoxicating liquor license to the American
Association of University Women, Minneapolis branch, for use on the premises owned by the
American Association of University Women, Minneapolis branch, at 2115 Stevens Avenue South
in Minneapolis, notwithstanding limitations of law, or local ordinances, or charter provisions
relating to zoning or school or church distances.
(e) The city of Minneapolis may issue an on-sale wine license and an on-sale 3.2 percent
malt liquor license to a restaurant located at 5000 Penn Avenue South, and an on-sale wine
license and an on-sale malt liquor license to a restaurant located at 1931 Nicollet Avenue South,
notwithstanding any law or local ordinance or charter provision.
(f) The city of Minneapolis may issue an on-sale wine license and an on-sale malt liquor
license to the Brave New Workshop Theatre located at 3001 Hennepin Avenue South, the Theatre
de la Jeune Lune, the Illusion Theatre located at 528 Hennepin Avenue South, the Hollywood
Theatre located at 2815 Johnson Street Northeast, the Loring Playhouse located at 1633 Hennepin
Avenue South, the Jungle Theater located at 2951 Lyndale Avenue South, Brave New Institute
located at 2605 Hennepin Avenue South, the Guthrie Lab located at 700 North First Street, and
the Southern Theatre located at 1420 Washington Avenue South, notwithstanding any law or local
ordinance or charter provision. The license authorizes sales on all days of the week.
(g) The city of Minneapolis may issue an on-sale intoxicating liquor license to University
Gateway Corporation, a Minnesota nonprofit corporation, for use by a restaurant or catering
operator at the building owned and operated by the University Gateway Corporation on the
University of Minnesota campus, notwithstanding limitations of law, or local ordinance or charter
provision. The license authorizes sales on all days of the week.
(h) The city of Minneapolis may issue an on-sale intoxicating liquor license to the Walker
Art Center's concessionaire or operator, for a restaurant and catering operator on the premises
of the Walker Art Center, notwithstanding limitations of law, or local ordinance or charter
provisions. The license authorizes sales on all days of the week.
(i) The city of Minneapolis may issue an on-sale intoxicating liquor license to the Guthrie
Theater's concessionaire or operator for a restaurant and catering operator on the premises of the
Guthrie Theater, notwithstanding limitations of law, local ordinance, or charter provisions. The
license authorizes sales on all days of the week.
(j) The city of Minneapolis may issue an on-sale wine license and an on-sale malt liquor
license to the Minnesota Book and Literary Arts Building, Inc.'s concessionaire or operator for
a restaurant and catering operator on the premises of the Minnesota Book and Literary Arts
Building, Inc. (dba Open Book), notwithstanding limitations of law, or local ordinance or charter
provision. The license authorizes sales on all days of the week.
(k) The city of Minneapolis may issue an on-sale intoxicating liquor license to a restaurant
located at 5411 Penn Avenue South, notwithstanding any law or local ordinance or charter
provision.
    Subd. 2a. City of Minneapolis; arena. (a) Notwithstanding any other law, local ordinance,
or charter provision, the city of Minneapolis may issue one or more on-sale or combination
on-sale and off-sale intoxicating liquor licenses to the owner of the sports arena located at 600
First Avenue North in Minneapolis, or to an entity holding a concessions contract with the owner
for use on the premises of that sports arena.
(b) The license authorizes sales on all days of the week to holders of tickets for events at the
sports arena and to the owners of the sports arena and the owners' guests.
(c) The licensee may not dispense intoxicating liquor to any person attending or participating
in an amateur athletic event held on the premises unless such dispensing is authorized by the city.
The city may not authorize the dispensing of intoxicating liquor at any event held under the
auspices of the Minnesota State High School League.
(d) The license authorized by this subdivision may be issued for space that is not compact
and contiguous, provided that all such space is within the sports arena building and is included in
the description of the licensed premises on the approved license application.
(e) Notwithstanding any law or rule to the contrary, a person licensed to make off-sales
within the sports arena building may deliver alcoholic beverages to rooms and suites within the
sports arena building (1) between midnight and 8:00 a.m. on Monday through Thursday, and (2)
between midnight and 8:00 a.m. and between 10:00 p.m. and midnight on Friday through Sunday.
No delivery authorized by this paragraph may be made to a room or suite within the building at
any time when an event utilizing the room or suite is in progress.
(f) The holder of a license issued under this subdivision may dispense intoxicating liquor
in miniature bottles if the intoxicating liquor is poured from the miniature bottles, mixed into
another beverage, and dispensed on the premises by employees of the licensee.
    Subd. 2b. Special provision; city of St. Paul. The city of St. Paul may issue an on-sale
intoxicating liquor license to the Fitzgerald Theatre, the Great American History Theater at 30
East 10th Street, and the Brave New Workshop at the Palace Theater at 17 West Seventh Place,
notwithstanding the limitations of law, or local ordinance, or charter provision relating to zoning
or school or church distances. The license authorizes sales on all days of the week to holders of
tickets for performances presented by the theatre and to members of the nonprofit corporation
holding the license and to their guests.
    Subd. 3. Notice to commissioner. A city shall within ten days of the issuance of a license
under subdivision 1 or 5, inform the commissioner of the licensee's name and address and trade
name, and the effective date and expiration date of the license. The city shall also inform the
commissioner of a license transfer, cancellation, suspension, or revocation during the license
period.
    Subd. 4. Special provisions; sports, conventions, or cultural facilities; community
festivals. (a) The governing body of a municipality may authorize a holder of a retail on-sale
intoxicating liquor license issued by the municipality or by an adjacent municipality to dispense
intoxicating liquor at any convention, banquet, conference, meeting, or social affair conducted
on the premises of a sports, convention, or cultural facility owned by the municipality or
instrumentality thereof having independent policy making and appropriating authority and located
within the municipality. The licensee must be engaged to dispense intoxicating liquor at an event
held by a person or organization permitted to use the premises, and may dispense intoxicating
liquor only to persons attending the event. The licensee may not dispense intoxicating liquor to
any person attending or participating in an amateur athletic event held on the premises.
(b) The governing body of a municipality may authorize a holder of a retail on-sale
intoxicating liquor license issued by the municipality to dispense intoxicating liquor off premises
at a community festival held within the municipality. The authorization shall specify the area in
which the intoxicating liquor must be dispensed and consumed, and shall not be issued unless
the licensee demonstrates that it has liability insurance as prescribed by section 340A.409 to
cover the event.
    Subd. 4a. State-owned recreation; entertainment facilities. Notwithstanding any other
law, local ordinance, or charter provision, the commissioner may issue on-sale intoxicating
liquor licenses:
(1) to the state agency administratively responsible for, or to an entity holding a concession
or facility management contract with such agency for beverage sales at, the premises of any
Giants Ridge Recreation Area building or recreational improvement area owned by the state in
the town of White, St. Louis County;
(2) to the state agency administratively responsible for, or to an entity holding a concession
or facility management contract with such agency for beverage sales at, the premises of any
Ironworld Discovery Center building or facility owned by the state at Chisholm; and
(3) to the Board of Regents of the University of Minnesota for events at Northrop Auditorium
and in any intercollegiate football stadium constructed by the university on its Minneapolis
campus.
The commissioner shall charge a fee for licenses issued under this subdivision in an amount
comparable to the fee for comparable licenses issued in surrounding cities.
    Subd. 5. Wine licenses. (a) A municipality may issue an on-sale wine license with the
approval of the commissioner to a restaurant having facilities for seating at least 25 guests at
one time. A wine license permits the sale of wine of up to 14 percent alcohol by volume for
consumption with the sale of food. A wine license authorizes the sale of wine on all days of the
week unless the issuing authority restricts the license's authorization to the sale of wine on all
days except Sundays.
(b) The governing body of a municipality may by ordinance authorize a holder of an on-sale
wine license issued pursuant to paragraph (a) who is also licensed to sell 3.2 percent malt liquors at
on-sale pursuant to section 340A.411, and whose gross receipts are at least 60 percent attributable
to the sale of food, to sell intoxicating malt liquors at on-sale without an additional license.
(c) A municipality may issue an on-sale wine license with the approval of the commissioner
to a licensed bed and breakfast facility. A license under this paragraph authorizes a bed and
breakfast facility to furnish wine only to registered guests of the facility and, if the facility
contains a licensed commercial kitchen, also to guests attending private events at the facility.
    Subd. 6. Counties. (a) A county board may issue an annual on-sale intoxicating liquor
license within the area of the county that is unorganized or unincorporated to a bowling center,
restaurant, club, or hotel with the approval of the commissioner.
(b) A county board may also with the approval of the commissioner issue up to ten seasonal
on-sale licenses to restaurants and clubs for the sale of intoxicating liquor within the area of the
county that is unorganized or unincorporated. Notwithstanding section 340A.412, subdivision 8, a
seasonal license is valid for a period specified by the board, not to exceed nine months. Not more
than one license may be issued for any one premises during any consecutive 12-month period.
    Subd. 6a.[Repealed, 1991 c 249 s 33]
    Subd. 7. Airports commission. On-sale licenses may be issued by the Metropolitan Airports
Commission for the sale of intoxicating liquor in major airports owned by the Metropolitan
Airports Commission and used as terminals for regularly scheduled air passenger service.
    Subd. 8. Lake Superior, St. Croix River, and Mississippi River tour boats. (a) The
commissioner may issue an on-sale intoxicating liquor license to a person regularly engaged,
on an annual or seasonal basis, in the business of offering tours by boat on Lake Superior and
adjacent bays, the St. Croix River, and the Mississippi River. The license shall authorize the
sale of intoxicating liquor between May 1 and November 1 for consumption on the boat while
underway or attached to a dock or other mooring. No license may be issued unless each boat used
in the tour business regularly sells meals in the place where intoxicating liquor is sold.
(b) All sales of intoxicating liquor made on a boat while it is attached to a dock or other
mooring are subject to any restrictions on the sale of liquor prescribed by the governing body of
the city where the boat is attached, or of a county when it is attached outside a city. A governing
body may prohibit liquor sales within its jurisdiction but may not require an additional license, or
require a fee or occupation tax, for the sales.
    Subd. 9. Military bases and installations. The commissioner may issue an on-sale license
for the sale of intoxicating liquor within the boundaries of a military base or installation under the
jurisdiction of the adjutant general with the approval of the adjutant general. No municipal or
county license is required for the sale of intoxicating liquor under this subdivision.
    Subd. 10. Temporary on-sale licenses. (a) The governing body of a municipality may issue
to (1) a club or charitable, religious, or other nonprofit organization in existence for at least
three years, (2) a political committee registered under section 10A.14, or (3) a state university, a
temporary license for the on-sale of intoxicating liquor in connection with a social event within
the municipality sponsored by the licensee. The license may authorize the on-sale of intoxicating
liquor for not more than four consecutive days, and may authorize on-sales on premises other
than premises the licensee owns or permanently occupies. The license may provide that the
licensee may contract for intoxicating liquor catering services with the holder of a full-year
on-sale intoxicating liquor license issued by any municipality. The licenses are subject to the
terms, including a license fee, imposed by the issuing municipality. Licenses issued under this
subdivision are subject to all laws and ordinances governing the sale of intoxicating liquor except
sections 340A.409 and 340A.504, subdivision 3, paragraph (d), and those laws and ordinances
which by their nature are not applicable. Licenses under this subdivision are not valid unless first
approved by the commissioner of public safety.
(b) A county under this section may issue a temporary license only to a premises located
in the unincorporated or unorganized territory of the county.
(c) The governing body of a municipality may issue to a brewer who manufactures fewer
than 3,500 barrels of malt liquor in a year a temporary license for the on-sale of intoxicating
liquor in connection with a social event within the municipality sponsored by the brewer. The
terms and conditions specified for temporary licenses under paragraph (a) shall apply to a license
issued under this paragraph, except that the requirements of section 340A.409, subdivisions
1 to 3a
, shall apply to the license.
    Subd. 11. Removal of wine from restaurant. A restaurant licensed to sell intoxicating
liquor or wine at on-sale under this section may permit a person purchasing a full bottle of wine in
conjunction with the purchase of a meal to remove the bottle on leaving the licensed premises
provided that the bottle has been opened and the contents partially consumed. A removal of a
bottle under the conditions described in this subdivision is not an off-sale of intoxicating liquor
and may be permitted without additional license.
    Subd. 12. Caterer's permit. The commissioner may issue a caterer's permit to a restaurant
that holds an on-sale intoxicating liquor license issued by any municipality. The holder of a
caterer's permit may sell intoxicating liquor as an incidental part of a food service that serves
prepared meals at a place other than the premises for which the holder's on-sale intoxicating
liquor license is issued.
(a) A caterer's permit is auxiliary to the primary on-sale license held by the licensee.
(b) The restrictions and regulations which apply to the sale of intoxicating liquor on the
licensed premises also apply to the sale under the authority of a caterer's permit, and any act that
is prohibited on the licensed premises is also prohibited when the licensee is operating other than
on the licensed premises under a caterer's permit.
(c) Any act, which if done on the licensed premises would be grounds for cancellation or
suspension of the on-sale licensee, is grounds for cancellation of both the on-sale license and the
caterer's permit if done when the permittee is operating away from the licensed premises under
the authority of the caterer's permit.
(d) The permittee shall notify prior to any catered event:
(1) the police chief of the city where the event will take place, if the event will take place
within the corporate limits of a city; or
(2) the county sheriff of the county where the event will take place, if the event will be
outside the corporate limits of any city.
(e) If the primary license ceases to be valid for any reason, the caterer's permit ceases to be
valid.
(f) Permits issued under this subdivision are subject to all laws and ordinances governing
the sale of intoxicating liquor except those laws and ordinances which by their nature are not
applicable.
(g) The annual state fee for a caterer's permit is $300.
    Subd. 13. Holders of multiple on-sale licenses; uniform licensing periods.
Notwithstanding any local ordinance or other law, a local government unit may adjust the licensing
period for any holder of multiple on-sale alcoholic beverage licenses in the state, upon request of
the licensee. The local government unit may charge a fee for an adjustment of the licensing period.
History: 1985 c 201 s 3; 1985 c 305 art 6 s 4; 1Sp1985 c 16 art 2 s 3 subd 1; 1Sp1986 c 3
art 1 s 37; 1987 c 5 s 1,2; 1987 c 27 s 1; 1987 c 29 s 1; 1987 c 152 art 1 s 1; 1987 c 310 s 8; 1987
c 328 s 2; 1989 c 40 s 1; 1990 c 554 s 7-10; 1991 c 249 s 4-7,31; 1992 c 486 s 7; 1994 c 611 s
16,17; 1995 c 42 s 1; 1995 c 198 s 8,9; 1996 c 418 s 5,6; 1997 c 129 art 1 s 3,4; 1998 c 364 s 3,4;
1999 c 202 s 1-4; 2000 c 440 s 3; 2001 c 193 s 1,2; 2003 c 126 s 6,7; 2005 c 24 s 1; 2005 c 25 s
3; 2005 c 131 s 3; 2005 c 136 art 8 s 15; 2006 c 210 s 8,9; 2006 c 247 s 14