2005 Minnesota Statutes

     340A.410 License restrictions; general. 

    Subdivision 1.    Counties; town consent.  A county may 
 not issue a retail license to sell any alcoholic beverage within 
 an organized town unless the governing body of the town has 
 consented to the issuance of the license. 

    Subd. 2.    Counties; recommendation and review of 
 applicants.  (1) No county may issue or renew a retail license 
 to sell any alcoholic beverage until the county board has 
 received a written recommendation from the sheriff and county 
 attorney stating that to the best of their knowledge that the 
 applicant is eligible to be licensed under section 340A.402.  A 
 copy of the statements must be given to the town board if a 
 town's consent is required for issuance of the license under 
 subdivision 3. 

    (2) The county board shall consider the recommendations of 
 the sheriff and county attorney, the character and reputation of 
 the applicant, and the nature and location of the business prior 
 to issuance of any license. 

    Subd. 3.    License extension; death of licensee.  In 
 the case of the death of a retail licensee to sell alcoholic 
 beverages, the personal representative is authorized to continue 
 operation of the business for not more than 90 days after the 
 death of the licensee. 

    Subd. 4.    License posting.  A retail license to sell 
 alcoholic beverages must be posted in a conspicuous place in the 
 premises for which it is used. 

    Subd. 4a. Repealed, 1996 c 418 s 18 

    Subd. 4b.    Notice posting.  (a) A premises licensed 
 for the retail sale of alcoholic beverages and a municipal 
 liquor store must post and maintain in a conspicuous place 
 within the licensed premises clearly visible to consumers:  one 
 sign 14-1/2 inches wide by 8 inches high as designed by the 
 commissioners of health and public safety, which incorporates 
 the following information:  

    (1) the penalties of driving while under the influence of 
 alcohol; 

    (2) penalties for serving alcoholic beverages to a person 
 who is obviously intoxicated or under 21 years of age; and 

    (3) a warning statement regarding drinking alcohol while 
 pregnant. 

    (b) The commissioners of health and public safety shall 
 design a sign that complies with this subdivision and shall make 
 the sign available for reproduction.  A retail licensee or 
 municipal liquor store may not modify the sign design but may 
 modify the color.  

    Subd. 5.    Gambling prohibited.  (a) Except as 
 otherwise provided in this subdivision, no retail establishment 
 licensed to sell alcoholic beverages may keep, possess, or 
 operate, or permit the keeping, possession, or operation on the 
 licensed premises of dice or any gambling device as defined in 
 section 349.30, or permit gambling therein.  

    (b) Gambling equipment may be kept or operated and raffles 
 conducted on licensed premises and adjoining rooms when the use 
 of the gambling equipment is authorized by (1) chapter 349, (2) 
 a tribal ordinance in conformity with the Indian Gaming 
 Regulatory Act, Public Law 100-497, or (3) a tribal-state 
 compact authorized under section 3.9221. 

    (c) Lottery tickets may be purchased and sold within the 
 licensed premises as authorized by the director of the lottery 
 under chapter 349A.  

    (d) Dice may be kept and used on licensed premises and 
 adjoining rooms as authorized by section 609.761, subdivision 4. 

    Subd. 6.    Racial discrimination; clubs.  No retail 
 license to sell alcoholic beverages may be issued or renewed by 
 a municipality or county to a club which discriminates against 
 members or applicants for membership or guests of members on the 
 basis of race. 

    Subd. 7.    License limited to space specified.  A 
 licensing authority may issue a retail alcoholic beverage 
 license only for a space that is compact and contiguous.  A 
 retail alcoholic beverage license is only effective for the 
 licensed premises specified in the approved license application. 

    Subd. 8.    Copy of summons.  Every application for the 
 issuance or renewal of intoxicating or 3.2 percent malt liquor 
 licenses must include a copy of each summons received by the 
 applicant under section 340A.802 during the preceding year. 

    Subd. 9.    Coin-operated devices.  Coin-operated 
 amusement devices may not be made available in establishments 
 licensed solely for the off-sale of intoxicating liquor or 
 municipal stores which sell only at off-sale.  An establishment 
 holding a combination on-sale and off-sale license or a 
 municipal liquor store which sells at on-sale and off-sale which 
 makes coin-operated devices available shall keep such devices to 
 the greatest extent practicable in that area of the 
 establishment where on-sales are made.  

    Subd. 10.    Temporary licenses; restrictions.  (a) A 
 municipality may not issue more than three four-day, four 
 three-day, six two-day, or 12 one-day temporary licenses, in any 
 combination not to exceed 12 days per year, under section 
 340A.404, subdivision 10, for the sale of alcoholic beverages to 
 any one organization or registered political committee, or for 
 any one location, within a 12-month period. 

    (b) A municipality may not issue more than one temporary 
 license under section 340A.404, subdivision 10, for the sale of 
 alcoholic beverages to any one organization or registered 
 political committee, or for any one location, within any 30-day 
 period unless the licenses are issued in connection with an 
 event officially designated a community festival by the 
 municipality. 

    This restriction does not apply to a municipality with a 
 population of 5,000 or fewer people. 

    (c) A municipality that issues separate temporary wine and 
 liquor licenses may separately apply the limitations contained 
 in paragraphs (a) and (b) to the issuance of such licenses to 
 any one organization or registered political committee, or for 
 any one location. 

    HIST: 1985 c 305 art 6 s 10; 1Sp1986 c 3 art 1 s 39; 1987 c 
 152 art 1 s 1; 1987 c 381 s 4; 1989 c 334 art 6 s 5; 1991 c 178 
 s 1; 1991 c 249 s 12; 1993 c 350 s 10; 1994 c 611 s 21; 1995 c 
 42 s 2; 1996 c 323 s 1,4; 1996 c 418 s 8; 1998 c 364 s 5; 1999 c 
 187 s 1