2006 Minnesota Statutes

340A.510 SAMPLES.
    Subdivision 1. Samples for other than malt liquor authorized. On- or off-sale retail
licensees and municipal liquor stores may provide, or permit a licensed manufacturer or a
wholesaler or its agents to provide on the premises of the retail licensee or municipal liquor store,
samples of wine, liqueurs, cordials, and distilled spirits which the retail licensee or municipal
liquor store currently has in stock and is offering for sale to the general public without obtaining
an additional license, provided the wine, liqueur, cordial, and distilled spirits samples are
dispensed at no charge and consumed on the licensed premises during the permitted hours of sale
in a quantity less than 50 milliliters of wine per variety per customer, 25 milliliters of liqueur or
cordial, and 15 milliliters of distilled spirits per variety per customer.
    Subd. 2. Malt liquor samples authorized. (a) Notwithstanding section 340A.308, a brewer
may purchase from or furnish at no cost to a licensed retailer malt liquor the brewer manufactures
if:
(1) the malt liquor is dispensed by the retailer only for samples in a quantity of less than 100
milliliters of malt liquor per variety per customer;
(2) where the brewer furnishes the malt liquor, the retailer makes available for return to the
brewer any unused malt liquor and empty containers;
(3) the samples are dispensed by an employee of the retailer or brewer or by a sampling
service retained by the retailer or brewer and not affiliated directly or indirectly with a malt
liquor wholesaler;
(4) not more than three cases of malt liquor are purchased from or furnished to the retailer
by the brewer for each sampling;
(5) each sampling continues for not more than eight hours;
(6) the brewer has furnished malt liquor for not more than five samplings for any retailer
in any calendar year;
(7) where the brewer furnishes the malt liquor, the brewer delivers the malt liquor for the
sampling to its exclusive wholesaler for that malt liquor;
(8) the brewer has at least seven days before the sampling filed with the commissioner,
on a form the commissioner prescribes, written notice of intent to furnish malt liquor for the
sampling, which contains (i) the name and address of the retailer conducting the sampling, (ii) the
maximum amount of malt liquor to be furnished or purchased by the brewer, (iii) the number of
times the brewer has furnished malt liquor to the retailer in the calendar year in which the notice
is filed, (iv) the date and time of the sampling, (v) where the brewer furnishes the malt liquor,
the exclusive wholesaler to whom the brewer will deliver the malt liquor, and (vi) a statement
by the brewer to the effect that to the brewer's knowledge all requirements of this section have
been or will be complied with; and
(9) the commissioner has not notified the brewer filing the notice under clause (8) that the
commissioner disapproves the notice.
(b) For purposes of this subdivision, "licensed retailer" means a licensed on-sale or off-sale
retailer of alcoholic beverages and a municipal liquor store.
History: 1Sp1986 c 3 art 1 s 43; 1987 c 152 art 1 s 1; 1989 c 49 s 6; 1996 c 418 s 11;
1998 c 364 s 7; 2003 c 126 s 13,14