Bill Text: MN HF3184 | 2013-2014 | 88th Legislature | Introduced
Bill Title: Growler refill authorized.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2014-03-19 - Introduction and first reading, referred to Commerce and Consumer Protection Finance and Policy [HF3184 Detail]
Download: Minnesota-2013-HF3184-Introduced.html
1.2relating to liquor; authorizing the refill of a growler;amending Minnesota
1.3Statutes 2013 Supplement, section 340A.301, subdivision 6d.
1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.5 Section 1. Minnesota Statutes 2013 Supplement, section 340A.301, subdivision 6d,
1.6is amended to read:
1.7 Subd. 6d. Small brewer license. (a) A brewer licensed under subdivision 6, clause
1.8(c), (i), or (j), may be issued a license by a municipality for off-sale of malt liquor at its
1.9licensed premises that has been produced and packaged by the brewer. The license must be
1.10approved by the commissioner. The amount of malt liquor sold at off-sale may not exceed
1.11500 barrels annually. Off-sale of malt liquor shall be limited to the legal hours for off-sale at
1.12exclusive liquor stores in the jurisdiction in which the brewer is located, and the malt liquor
1.13sold off-sale must be removed from the premises before the applicable off-sale closing
1.14time at exclusive liquor stores. The malt liquor shall be packed in 64-ounce containers
1.15commonly known as "growlers" or in 750 milliliter bottles. The containers or bottles shall
1.16bear a twist-type closure, cork, stopper, or plug. At the time of the sale, a paper or plastic
1.17adhesive band, strip, or sleeve shall be applied to the container or bottle and extended over
1.18the top of the twist-type closure, cork, stopper, or plug forming a seal that must be broken
1.19upon opening of the container or bottle. The adhesive band, strip, or sleeve shall bear the
1.20name and address of the brewer. The containers or bottles shall be identified as malt
1.21liquor, contain the name of the malt liquor, bear the name and address of the brewer selling
1.22the malt liquor, and shall be considered intoxicating liquor unless the alcoholic content is
1.23labeled as otherwise in accordance with the provisions of Minnesota Rules, part 7515.1100.
2.1(b) A brewer may, but is not required to, refill a container or bottle with malt liquor
2.2for off-sale at the request of a customer. A brewer refilling a container or bottle must do
2.3so at its licensed premises and the container or bottle must be filled at the tap at the time
2.4of sale. A bottle or container refilled under this paragraph must be sealed and labeled
2.5in the manner described in paragraph (a).
2.6(b) (c) A brewer may only have one license under this subdivision.
2.7(c) (d) A municipality may not issue a license under this subdivision to a brewer if
2.8the brewer seeking the license, or any person having an economic interest in the brewer
2.9seeking the license or exercising control over the brewer seeking the license, is a brewer
2.10that brews more than 20,000 barrels of its own brands of malt liquor annually or a winery
2.11that produces more than 250,000 gallons of wine annually.
2.12(d) (e) The municipality shall impose a licensing fee on a brewer holding a license
2.13under this subdivision, subject to limitations applicable to license fees under section
2.14340A.408, subdivision 3
, paragraph (a).
1.3Statutes 2013 Supplement, section 340A.301, subdivision 6d.
1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.5 Section 1. Minnesota Statutes 2013 Supplement, section 340A.301, subdivision 6d,
1.6is amended to read:
1.7 Subd. 6d. Small brewer license. (a) A brewer licensed under subdivision 6, clause
1.8(c), (i), or (j), may be issued a license by a municipality for off-sale of malt liquor at its
1.9licensed premises that has been produced and packaged by the brewer. The license must be
1.10approved by the commissioner. The amount of malt liquor sold at off-sale may not exceed
1.11500 barrels annually. Off-sale of malt liquor shall be limited to the legal hours for off-sale at
1.12exclusive liquor stores in the jurisdiction in which the brewer is located, and the malt liquor
1.13sold off-sale must be removed from the premises before the applicable off-sale closing
1.14time at exclusive liquor stores. The malt liquor shall be packed in 64-ounce containers
1.15commonly known as "growlers" or in 750 milliliter bottles. The containers or bottles shall
1.16bear a twist-type closure, cork, stopper, or plug. At the time of the sale, a paper or plastic
1.17adhesive band, strip, or sleeve shall be applied to the container or bottle and extended over
1.18the top of the twist-type closure, cork, stopper, or plug forming a seal that must be broken
1.19upon opening of the container or bottle. The adhesive band, strip, or sleeve shall bear the
1.20name and address of the brewer. The containers or bottles shall be identified as malt
1.21liquor, contain the name of the malt liquor, bear the name and address of the brewer selling
1.22the malt liquor, and shall be considered intoxicating liquor unless the alcoholic content is
1.23labeled as otherwise in accordance with the provisions of Minnesota Rules, part 7515.1100.
2.1(b) A brewer may, but is not required to, refill a container or bottle with malt liquor
2.2for off-sale at the request of a customer. A brewer refilling a container or bottle must do
2.3so at its licensed premises and the container or bottle must be filled at the tap at the time
2.4of sale. A bottle or container refilled under this paragraph must be sealed and labeled
2.5in the manner described in paragraph (a).
2.6
2.7
2.8the brewer seeking the license, or any person having an economic interest in the brewer
2.9seeking the license or exercising control over the brewer seeking the license, is a brewer
2.10that brews more than 20,000 barrels of its own brands of malt liquor annually or a winery
2.11that produces more than 250,000 gallons of wine annually.
2.12
2.13under this subdivision, subject to limitations applicable to license fees under section
