2006 Minnesota Statutes

340A.413 RESTRICTIONS ON THE NUMBER OF INTOXICATING LIQUOR
LICENSES THAT MAY BE ISSUED.
    Subdivision 1. On-sale licenses. No on-sale intoxicating liquor license may be issued in any
city except as provided in this section in excess of the following limits:
(1) in cities of the first class, one license for every 1,500 population, up to 200 licenses;
(2) in cities of the second class, not more than 18 licenses plus one for every 2,500
population over 45,000;
(3) in cities of the third class, not more than 12 licenses;
(4) in cities of the fourth class, including cities whose acts of incorporation were repealed by
Laws 1973, chapter 123, article V, section 5, not more than seven licenses;
(5) in statutory cities of 5,000 to 10,000 population, not more than six licenses;
(6) in statutory cities of 2,500 to 5,000 population, not more than five licenses;
(7) in statutory cities of 500 to 2,500 population, not more than four licenses; and
(8) in statutory cities under 500 population, not more than three licenses.
    Subd. 2. Additional on-sale licenses permitted for cities in St. Louis County. For cities
in St. Louis County no on-sale liquor license may be issued in excess of the following limits,
without the approval of the commissioner:
(1) in cities of the third class, not more than 15 licenses;
(2) in cities of the fourth class, not more than nine licenses; and
(3) in statutory cities of 2,500 to 5,000 population, not more than six licenses.
    Subd. 3. Referendum for additional on-sale licenses. (a) The governing body of a city may
issue on-sale intoxicating liquor licenses over the number permitted under subdivision 1 when
authorized by the voters of the city at a general or special election.
(b) The governing body may direct that either of the following questions be placed on
the ballot:
(1) "Shall the city council be allowed to issue 'on-sale' licenses for the sale of intoxicating
liquor at retail in excess of the number permitted by law?

		Yes
		No "

(2) "Shall the city council be allowed to issue (a number to be determined by the governing
body) 'on-sale' licenses for the sale of intoxicating liquor at retail in excess of the number now
permitted by law?

		Yes
		No "

(c) If a majority of voters voting on the question in clause (1) vote yes, the governing body
may issue an unlimited number of on-sale licenses. If a majority of voters voting on the question
in clause (2) vote yes, the governing body may issue additional on-sale licenses in the number
stated in the question.
    Subd. 4. Exclusions from license limits. On-sale intoxicating liquor licenses may be issued
to the following entities by a city, in addition to the number authorized by this section:
(1) clubs, or congressionally chartered veterans organizations;
(2) restaurants;
(3) establishments that are issued licenses to sell wine under section 340A.404, subdivision 5;
(4) theaters that are issued licenses under section 340A.404;
(5) hotels; and
(6) bowling centers.
    Subd. 5. Off-sale licenses. No off-sale intoxicating liquor license may be issued in any city,
except as provided in this section, in excess of the following limits:
(1) in cities of the first class, not more than one off-sale license for each 5,000 population; and
(2) in all other cities the limit shall be determined by the governing body of the city.
    Subd. 6. Area that has been annexed or consolidated. A license validly issued within the
number prescribed in this section is not rendered invalid or illegal by reason of the consolidation
or annexation of territory to a city and may continue to remain in effect and be renewed, except
that the limitations as to ownership under section 340A.412, subdivision 2.
History: 1985 c 305 art 6 s 13; 1987 c 152 art 1 s 1; 1990 c 554 s 13; 1991 c 249 s 16; 1996
c 418 s 9; 2003 c 126 s 9