Minnesota Office of the Revisor of Statutes
[*Add Subtitle/link: Office]

Menu

Revisor of Statutes Menu

2006 Minnesota Statutes

This is a historical version of this statute section. Also view the most recent published version.

340A.101 DEFINITIONS.
    Subdivision 1. Terms. For purposes of this chapter the following terms have the meanings
given them.
    Subd. 2. Alcoholic beverage. "Alcoholic beverage" is any beverage containing more than
one-half of one percent alcohol by volume.
    Subd. 3. Affiliate or subsidiary company. "Affiliate or subsidiary company" is a company
in which a manufacturer or its stockholders own a majority of the stock.
    Subd. 4. Brewer. "Brewer" is a person who manufactures malt liquor for sale.
    Subd. 5. City. "City" is a home rule charter or statutory city unless otherwise specified.
    Subd. 6. Commissioner. "Commissioner" is the commissioner of public safety except as
otherwise provided.
    Subd. 7. Club. "Club" is an incorporated organization organized under the laws of the
state for civic, fraternal, social, or business purposes, for intellectual improvement, or for the
promotion of sports, or a congressionally chartered veterans' organization, which:
(1) has more than 30 members;
(2) has owned or rented a building or space in a building for more than one year that is
suitable and adequate for the accommodation of its members;
(3) is directed by a board of directors, executive committee, or other similar body chosen by
the members at a meeting held for that purpose. No member, officer, agent, or employee shall
receive any profit from the distribution or sale of beverages to the members of the club, or their
guests, beyond a reasonable salary or wages fixed and voted each year by the governing body.
    Subd. 8. Department. "Department" is the Department of Public Safety except as otherwise
provided.
    Subd. 9. Distilled spirits. "Distilled spirits" is ethyl alcohol, hydrated oxide of ethyl, spirits
of wine, whiskey, rum, brandy, gin, and other distilled spirits, including all dilutions and mixtures
thereof, for nonindustrial use.
    Subd. 10. Exclusive liquor store. "Exclusive liquor store" is an establishment used
exclusively for the sale of those items authorized in section 340A.412, subdivision 14.
    Subd. 11. Farm winery. "Farm winery" is a winery operated by the owner of a Minnesota
farm and producing table, sparkling, or fortified wines from grapes, grape juice, other fruit bases,
or honey with a majority of the ingredients grown or produced in Minnesota.
    Subd. 12. General food store. "General food store" is a business primarily engaged in
selling food and grocery supplies to the public for off-premise consumption.
    Subd. 12a. Home brewing equipment. "Home brewing equipment" means portable
equipment designed for use in home manufacturing of malt liquor in quantities of ten gallons or
less and supplies and ingredients for home manufacture of malt liquor.
    Subd. 13. Hotel. "Hotel" is an establishment where food and lodging are regularly furnished
to transients and which has:
(1) a dining room serving the general public at tables and having facilities for seating at least
30 guests at one time; and
(2) guest rooms in the following minimum numbers: in first class cities, 50; in second class
cities, 25; in all other cities and unincorporated areas, 10.
    Subd. 14. Intoxicating liquor. "Intoxicating liquor" is ethyl alcohol, distilled, fermented,
spirituous, vinous, and malt beverages containing more than 3.2 percent of alcohol by weight.
    Subd. 15. Licensed premises. "Licensed premises" is the premises described in the approved
license application, subject to the provisions of section 340A.410, subdivision 7. In the case of
a restaurant, club, or exclusive liquor store licensed for on-sales of alcoholic beverages and
located on a golf course, "licensed premises" means the entire golf course except for areas where
motor vehicles are regularly parked or operated.
    Subd. 15a. Low alcohol malt liquor. "Low alcohol malt liquor" is a fermented malt beverage
containing two percent or less of alcohol by weight. Notwithstanding any law or rule to the
contrary, if either; (a) the term "low alcohol" appears on the label of the beverage container; or
(b) a brewer has provided written certification to the Department of Public Safety establishing
an alcoholic content of two percent or less by weight; no further label shall be required on that
container.
    Subd. 15b. Liqueur-filled candy. "Liqueur-filled candy" is any confectionery containing
more than one-half of one percent alcohol by volume in liquid form that is intended for or capable
of beverage use.
    Subd. 16. Malt liquor. "Malt liquor" is any beer, ale, or other beverage made from malt by
fermentation and containing not less than one-half of one percent alcohol by volume.
    Subd. 17. Manufacturer. "Manufacturer" is a person who, by a process of manufacture,
fermenting, brewing, distilling, refining, rectifying, blending, or by the combination of different
materials, prepares or produces intoxicating liquor for sale.
    Subd. 18. Municipality. "Municipality" is a city, county or, for purposes of licensing under
section 340A.404, subdivision 7, the Metropolitan Airports Commission.
    Subd. 19. 3.2 percent malt liquor. "3.2 percent malt liquor" is malt liquor containing not
less than one-half of one percent alcohol by volume nor more than 3.2 percent alcohol by weight.
    Subd. 20. Off-sale. "Off-sale" is the sale of alcoholic beverages in original packages for
consumption off the licensed premises only.
    Subd. 21. On-sale. "On-sale" is the sale of alcoholic beverages for consumption on the
licensed premises only.
    Subd. 22. Package. "Package" is a sealed or corked container of alcoholic beverages.
    Subd. 23. Person. "Person" has the meaning given it in section 645.44, subdivision 7.
    Subd. 24. Population. "Population" is determined by the most recent federal decennial
census or a special census taken under law.
    Subd. 25. Restaurant. "Restaurant" is an establishment, other than a hotel, under the control
of a single proprietor or manager, where meals are regularly prepared on the premises and served
at tables to the general public, and having a minimum seating capacity for guests as prescribed
by the appropriate license issuing authority.
    Subd. 26. Retail. "Retail" is sale for consumption.
    Subd. 27. Table or sparkling wine. "Table or sparkling wine" is a beverage made without
rectification or fortification and containing not more than 25 percent of alcohol by volume and
made by the fermentation of grapes, grape juice, other fruits, or honey.
    Subd. 27a. Theater. "Theater" means a building containing an auditorium in which live
dramatic, musical, dance, or literary performances are regularly presented to holders of tickets for
those performances.
    Subd. 28. Wholesaler. "Wholesaler" is a person who sells alcoholic beverages to persons
to whom sale is permitted under section 340A.310, from a stock maintained in a warehouse in
the state.
    Subd. 29. Wine. "Wine" is the product made from the normal alcoholic fermentation of
grapes, including still wine, sparkling and carbonated wine, wine made from condensed grape
must, wine made from other agricultural products than sound, ripe grapes, imitation wine,
compounds sold as wine, vermouth, cider, perry and sake, in each instance containing not less
than one-half of one percent nor more than 24 percent alcohol by volume for nonindustrial use.
Wine does not include distilled spirits as defined in subdivision 9.
    Subd. 30. Fortified wine. "Fortified wine" is wine to which brandy, or neutral grape spirits,
has been added during or after fermentation resulting in a beverage containing not less than
one-half of one percent nor more than 24 percent alcohol by volume for nonindustrial use.
History: 1985 c 117 s 3; 1985 c 305 art 3 s 1; 1Sp1985 c 16 art 2 s 3 subd 1; 1987 c 152 art
1 s 1; 1987 c 381 s 2; 1988 c 443 s 1; 1990 c 554 s 2,3; 1991 c 249 s 31; 1992 c 486 s 5,6; 1993 c
350 s 4-6; 1994 c 611 s 6; 1995 c 198 s 1-3; 2000 c 440 s 2; 2003 c 126 s 1; 2006 c 210 s 1,2

700 State Office Building, 100 Rev. Dr. Martin Luther King Jr. Blvd., St. Paul, MN 55155 ♦ Phone: (651) 296-2868 ♦ TTY: 1-800-627-3529 ♦ Fax: (651) 296-0569