2006 Minnesota Statutes

340A.504 HOURS AND DAYS OF SALE.
    Subdivision 1. 3.2 percent malt liquor. No sale of 3.2 percent malt liquor may be made
between 2:00 a.m. and 8:00 a.m. on the days of Monday through Saturday, nor between 2:00 a.m.
and 10:00 a.m. on Sunday.
    Subd. 2. Intoxicating liquor; on-sale. No sale of intoxicating liquor for consumption on
the licensed premises may be made:
(1) between 2:00 a.m. and 8:00 a.m. on the days of Monday through Saturday;
(2) after 2:00 a.m. on Sundays, except as provided by subdivision 3.
    Subd. 2a. Certain dispensing exempt. Where a hotel possessing an on-sale intoxicating
liquor license places containers of intoxicating liquor in cabinets in hotel rooms for the use of
guests staying in those hotel rooms, and a charge is made for withdrawals from those cabinets, the
dispensing of intoxicating liquor from those cabinets does not constitute a sale for purposes of
subdivision 2.
    Subd. 3. Intoxicating liquor; Sunday sales; on-sale. (a) A restaurant, club, bowling center,
or hotel with a seating capacity for at least 30 persons and which holds an on-sale intoxicating
liquor license may sell intoxicating liquor for consumption on the premises in conjunction with
the sale of food between the hours of 10:00 a.m. on Sundays and 2:00 a.m. on Mondays.
(b) An establishment serving intoxicating liquor on Sundays must obtain a Sunday license.
The license must be issued by the governing body of the municipality for a period of one year,
and the fee for the license may not exceed $200.
(c) A city may issue a Sunday intoxicating liquor license only if authorized to do so by the
voters of the city voting on the question at a general or special election. A county may issue a
Sunday intoxicating liquor license in a town only if authorized to do so by the voters of the
town as provided in paragraph (d). A county may issue a Sunday intoxicating liquor license in
unorganized territory only if authorized to do so by the voters of the election precinct that contains
the licensed premises, voting on the question at a general or special election.
(d) An election conducted in a town on the question of the issuance by the county of
Sunday sales licenses to establishments located in the town must be held on the day of the annual
election of town officers.
(e) Voter approval is not required for licenses issued by the Metropolitan Airports
Commission or common carrier licenses issued by the commissioner. Common carriers serving
intoxicating liquor on Sunday must obtain a Sunday license from the commissioner at an annual
fee of $75, plus $30 for each duplicate.
    Subd. 4. Intoxicating liquor; off-sale. No sale of intoxicating liquor may be made by
an off-sale licensee:
(1) on Sundays;
(2) before 8:00 a.m. or after 10:00 p.m. on Monday through Saturday;
(3) on Thanksgiving Day;
(4) on Christmas Day, December 25; or
(5) after 8:00 p.m. on Christmas Eve, December 24.
    Subd. 5. Bottle clubs. No establishment licensed under section 340A.414, may permit
a person to consume or display intoxicating liquor, and no person may consume or display
intoxicating liquor between 1:00 a.m. and 12:00 noon on Sundays, and between 1:00 a.m. and
8:00 a.m. on Monday through Saturday.
    Subd. 6. Municipalities may limit hours. A municipality may further limit the hours of on
and off sales of alcoholic beverages, provided that further restricted on-sale hours for intoxicating
liquor must apply equally to on-sale hours of 3.2 percent malt liquor. A city may not permit the
sale of alcoholic beverages during hours when the sale is prohibited by this section.
    Subd. 7. Sales after 1:00 a.m.; permit fee. (a) No licensee may sell intoxicating liquor or
3.2 percent malt liquor on-sale between the hours of 1:00 a.m. and 2:00 a.m. unless the licensee
has obtained a permit from the commissioner. Application for the permit must be on a form the
commissioner prescribes. Permits are effective for one year from date of issuance. For retailers of
intoxicating liquor, the fee for the permit is based on the licensee's gross receipts from on-sales of
alcoholic beverages in the 12 months prior to the month in which the permit is issued, and is at
the following rates:
(1) up to $100,000 in gross receipts, $300;
(2) over $100,000 but not over $500,000 in gross receipts, $750; and
(3) over $500,000 in gross receipts, $1,000.
For a licensed retailer of intoxicating liquor who did not sell intoxicating liquor at on-sale
for a full 12 months prior to the month in which the permit is issued, the fee is $200. For a
retailer of 3.2 percent malt liquor, the fee is $200.
(b) The commissioner shall deposit all permit fees received under this subdivision in the
alcohol enforcement account in the special revenue fund.
(c) Notwithstanding any law to the contrary, the commissioner of revenue may furnish to the
commissioner the information necessary to administer and enforce this subdivision.
History: 1985 c 139 s 1; 1985 c 305 art 7 s 4; 1Sp1985 c 16 art 2 s 3 subd 1; 1987 c 5 s 4;
1987 c 152 art 1 s 1; 1988 c 420 s 1; 1989 c 49 s 3-5; 1990 c 554 s 14; 1991 c 249 s 21,22,31;
1992 c 513 art 3 s 60; 1994 c 611 s 26; 1997 c 129 art 1 s 8; 2002 c 318 s 2; 2003 c 126 s 10-12;
1Sp2003 c 19 art 2 s 59,79; 2005 c 131 s 8-10; 2005 c 136 art 8 s 18,19; 2006 c 210 s 13