1999 Minnesota Statutes

     340A.307 Unlawful discrimination. 

    Subdivision 1.    Nondiscriminatory sales.  All licensed 
 importers must offer for sale on an equal basis to all licensed 
 wholesalers and manufacturers all intoxicating liquor brought 
 into the state of Minnesota. 

    Subd. 2.    Prohibited practices.  Without limiting 
 subdivision 1, the following are failures to offer intoxicating 
 liquor for sale on an equal basis and are unlawful: 

    (a) A refusal to sell to a wholesaler or manufacturer 
 intoxicating liquor offered for sale to any other wholesaler or 
 manufacturer, except when a wholesaler or manufacturer is in 
 arrears on payments for past purchases from the importer who 
 refuses to sell. 

    (b) A sale of intoxicating liquor to a wholesaler or 
 manufacturer at a price different from that offered to another 
 wholesaler or manufacturer, exclusive of shipping costs, except 
 that quantity discounts based on actual cost savings may be 
 uniformly offered to all wholesalers and manufacturers. 

    (c) A sale of intoxicating liquor to a wholesaler or 
 manufacturer on terms of purchase different from those offered 
 another wholesaler or manufacturer, except that when the 
 importer reasonably believes that a wholesaler or manufacturer 
 will be unable to comply with the existing terms of credit, 
 other terms may be employed, including denial of credit. 

    (d) Discrimination among wholesalers and manufacturers in 
 satisfying their respective demands for intoxicating liquor. 

    (e) A sale conditioned on an agreement which restricts the 
 wholesaler or manufacturer with respect to customers, area for 
 distribution, or resale price, or which otherwise restrains the 
 wholesaler or manufacturer from competing in trade and commerce. 

    (f) For purposes of this subdivision and subdivision 1 
 only, the term "intoxicating liquor" does not include "pop 
 wines" as they are defined by rule of the commissioner. 

    Subd. 3. Repealed, 1987 c 310 s 14 

    Subd. 4.    Exceptions.  Nothing in this section applies 
 to: 

    (1) wine or malt liquor of any alcohol content; 

    (2) intoxicating liquor which is:  

    (i) further distilled, refined, rectified, or blended 
 within the state; and 

    (ii) bottled within the state and labeled with the 
 importer's own labels after importation into the state; or 

    (3) any brand of intoxicating liquor which is offered for 
 sale only in this state.  No such brand shall vary from an 
 existing or new brand sold in another state in any manner as to 
 brand name, age, or proof of the product. 

    HIST: 1985 c 305 art 5 s 7; 1987 c 152 art 1 s 1; 1994 c 611 s 
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