340A.315 FARM WINERY LICENSE.
Subdivision 1. Licenses.
The commissioner may issue a farm winery license to the owner
or operator of a farm winery located within the state and producing table, sparkling, or fortified
wines. Licenses may be issued and renewed for an annual fee of $50, which is in lieu of all other
license fees required by this chapter.
Subd. 2. Sales.
A license authorizes the sale, on the farm winery premises, of table, sparkling,
or fortified wines produced by that farm winery at on-sale or off-sale, in retail, or wholesale lots
in total quantities not in excess of 50,000 gallons in a calendar year, glassware, wine literature
and accessories, cheese and cheese spreads, other wine-related food items, and the dispensing
of free samples of the wines offered for sale. Sales at on-sale and off-sale may be made on
Sundays between 12:00 noon and 12:00 midnight. Labels for each type or brand produced must
be registered with the commissioner, without fee prior to sale.
Subd. 3. Applicability.
Except as otherwise specified in this section, all provisions of this
chapter govern the production, sale, possession, and consumption of table, sparkling, or fortified
wines produced by a farm winery.
Subd. 4. Minnesota products.
If Minnesota produced or grown grapes, grape juice, other
fruit bases, or honey is not available in quantities sufficient to constitute a majority of the
table, sparkling, or fortified wine produced by a farm winery, the holder of the farm winery
license may file an affidavit stating this fact with the commissioner. If the commissioner, after
consultation with the commissioner of agriculture, determines this to be true, the farm winery
may use imported products and shall continue to be governed by the provisions of this section.
The affidavit is effective for a period of one year, after which time the farm winery must use the
required amount of Minnesota products as provided by subdivision 1 unless the farm winery
holder files a new affidavit with the commissioner.
Subd. 5.[Repealed, 1985 c 12 s 2
Subd. 6. On-sale licenses allowed.
Nothing in this section or in any other section of law
prevents a farm winery from obtaining a separate on-sale license and operating a business
establishment that utilizes that license in conjunction with and within the physical facilities of
the winery and its buildings.
History: 1985 c 12 s 1; 1985 c 134 s 1; 1985 c 305 art 5 s 15; 1Sp1985 c 16 art 2 s 3 subd 1;
1987 c 152 art 1 s 1; 1992 c 513 art 3 s 56; 2006 c 210 s 4-7; 2007 c 89 s 4