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340A.405 INTOXICATING LIQUOR; OFF-SALE LICENSES.
    Subdivision 1. Cities. (a) A city other than a city of the first class may issue with the approval
of the commissioner, an off-sale intoxicating liquor license to an exclusive liquor store, or to a
drugstore to which an off-sale license had been issued on or prior to May 1, 1994.
(b) A city of the first class may issue an off-sale license to an exclusive liquor store, a general
food store to which an off-sale license had been issued on August 1, 1989, or a drugstore to which
an off-sale license had been issued on or prior to May 1, 1994.
    Subd. 2. Counties. (a) A county may issue an off-sale intoxicating license with the approval
of the commissioner to exclusive liquor stores located within unorganized territory of the county.
(b) A county board of any county except Ramsey County containing a town exercising
powers under section 368.01, subdivision 1, may issue an off-sale license to an exclusive liquor
store within that town with the approval of the commissioner. No license may be issued under this
paragraph unless the town board adopts a resolution supporting the issuance of the license.
(c) A county board of any county except Ramsey County containing a town that may not
exercise powers under section 368.01, subdivision 1, may issue an off-sale license to an exclusive
liquor store within that town, or a combination off-sale and on-sale license to a restaurant within
that town, with the approval of the commissioner pursuant to section 340A.404, subdivision 6. No
license may be issued under this paragraph unless the town board adopts a resolution supporting
the issuance of the license.
(d) No license may be issued under this subdivision unless a public hearing is held on the
issuance of the license. Notice must be given to all interested parties and to any city located
within three miles of the premises proposed to be licensed. At the hearing the county board shall
consider testimony and exhibits presented by interested parties and may base its decision to
issue or deny a license upon the nature of the business to be conducted and its impact upon any
municipality, the character and reputation of the applicant, and the propriety of the location. Any
hearing held under this paragraph is not subject to chapter 14.
(e) A county board may not issue a license under this subdivision to a person for an
establishment located less than one mile by the most direct route from the boundary of any
statutory or home rule city that had established a municipal liquor store before August 1, 1991,
provided, that a county board may not issue a new license under this subdivision to a person for
an establishment located less than three miles by the most direct route from the boundary of a
city that (1) is located outside the metropolitan area as defined in section 473.121, subdivision 2,
(2) has a population over 5,000 according to the most recent federal decennial census, and (3)
had established a municipal liquor store before August 1, 1991.
(f) The town board may impose an additional license fee in an amount not to exceed 20
percent of the county license fee.
(g) Notwithstanding any provision of this subdivision or Laws 1973, chapter 566, as
amended by Laws 1974, chapter 200, a county board may transfer or renew a license that was
issued by a town board under Minnesota Statutes 1984, section 340.11, subdivision 10b, prior
to January 1, 1985.
    Subd. 3. Towns. The town board of a town within Ramsey County exercising powers under
section 368.01, subdivision 1, within Ramsey County may issue an off-sale intoxicating liquor
license with the approval of the commissioner to an exclusive liquor store located within the town.
    Subd. 4. Temporary off-sale licenses; wine auctions. (a) The governing body of a city or
county may issue a temporary license for the off-sale of wine at an auction with the approval of
the commissioner. A license issued under this subdivision authorizes the sale of only vintage
wine of a brand and vintage that is not commonly being offered for sale by any wholesaler in
Minnesota. The license may authorize the off-sale of wine for not more than three consecutive
days provided not more than 600 cases of wine are sold at any auction. The licenses are subject to
the terms, including license fee, imposed by the issuing city or county. Licenses issued under this
subdivision are subject to all laws and ordinances governing the sale of intoxicating liquor except
section 340A.409 and those laws and ordinances which by their nature are not applicable.
(b) As used in the subdivision, "vintage wine" means bottled wine which is at least five
years old.
    Subd. 5.[Repealed, 1990 c 554 s 22]
    Subd. 6. Airports commission. The Metropolitan Airports Commission may with the
approval of the commissioner issue licenses for the off-sale of wine at the Minneapolis-St. Paul
International Airport.
History: 1985 c 263 s 1,2; 1985 c 305 art 6 s 5; 1Sp1985 c 16 art 2 s 3 subd 1; 1987 c 152
art 1 s 1; 1987 c 310 s 9,10; 1987 c 328 s 3; 1987 c 381 s 3; 1987 c 402 s 1; 1989 c 49 s 2; 1990 c
545 s 1; 1990 c 554 s 11,12; 1991 c 249 s 8,9; 1994 c 611 s 18-20

Official Publication of the State of Minnesota
Revisor of Statutes