Bill Text: MN SF918 | 2011-2012 | 87th Legislature | Engrossed
Bill Title: Omnibus liquor provisions modifications
Sponsorship: Bipartisan Bill
Status: (Introduced - Dead) 2011-05-12 - HF substituted on General Orders HF1326 [SF918 Detail]
Download: Minnesota-2011-SF918-Engrossed.html
1.2relating to liquor; authorizing microdistilleries; authorizing various licenses;
1.3amending Minnesota Statutes 2010, sections 340A.101, by adding subdivisions;
1.4340A.301, subdivision 4, by adding subdivisions; 340A.404, subdivision 7, by
1.5adding subdivisions; 340A.412, subdivision 4.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2010, section 340A.101, is amended by adding a
1.8subdivision to read:
1.9 Subd. 16a. Microdistillery. "Microdistillery" is a distillery operated within the state
1.10producing premium, distilled spirits in total quantity not to exceed 40,000 proof gallons
1.11in a calendar year.
1.12 Sec. 2. Minnesota Statutes 2010, section 340A.101, is amended by adding a
1.13subdivision to read:
1.14 Subd. 24a. Proof gallon. A "proof gallon" is one liquid gallon of distilled spirits
1.15that is 50 percent alcohol at 60 degrees Fahrenheit.
1.16 Sec. 3. Minnesota Statutes 2010, section 340A.301, subdivision 4, is amended to read:
1.17 Subd. 4. Bond. The commissioner may not issue a license under this section to a
1.18person who has not filed a bond with corporate surety, or cash, or United States government
1.19bonds payable to the state. The proof of financial responsibility must be approved by the
1.20commissioner before the license is issued. The bond must be conditioned on the licensee
1.21obeying all laws governing the business and paying when due all taxes, fees, penalties and
1.22other charges, and must provide that it is forfeited to the state on a violation of law. This
2.1subdivision does not apply to a Minnesota farm winery, licensed under section340A.315 ,
2.2that is in existence as of January 1, 2010. Bonds must be in the following amounts:
2.13 Sec. 4. Minnesota Statutes 2010, section 340A.301, is amended by adding a
2.14subdivision to read:
2.15 Subd. 6b. Brewer taproom license. (a) A municipality may issue the holder of
2.16a brewer's license under subdivision 6, clause (c), (i), or (j), a brewer taproom license.
2.17A brewer taproom license authorizes on-sale of malt liquor produced by the brewer for
2.18consumption on the premises of or adjacent to one brewery location owned by the brewer.
2.19Nothing in this subdivision precludes the holder of a brewer taproom license from also
2.20holding a license to operate a restaurant at the brewery. Section 340A.409 shall apply to a
2.21license issued under this subdivision. All provisions of this chapter that apply to a retail
2.22liquor license shall apply to a license issued under this subdivision unless the provision is
2.23explicitly inconsistent with this subdivision.
2.24(b) A brewer may only have one taproom license under this subdivision, and may
2.25not have an ownership interest in a brewery licensed under subdivision 6, clause (d).
2.26(c) A municipality may not issue a brewer taproom license to a brewer if the brewer
2.27seeking the license, or any person having an economic interest in the brewer seeking the
2.28license or exercising control over the brewer seeking the license, is a brewer that brews
2.29more than 250,000 barrels of malt liquor annually or a winery that produces more than
2.30250,000 gallons of wine annually.
2.31(d) The municipality shall impose a licensing fee on a brewer holding a brewer
2.32taproom license under this subdivision, subject to limitations applicable to license fees
2.33under section 340A.408, subdivision 2, paragraph (a).
2.34(e) A municipality shall, within ten days of the issuance of a license under this
2.35subdivision, inform the commissioner of the licensee's name and address and trade name,
2.36and the effective date and expiration date of the license. The municipality shall also
3.1inform the commissioner of a license transfer, cancellation, suspension, or revocation
3.2during the license period.
3.3EFFECTIVE DATE.This section is effective the day following final enactment.
3.4 Sec. 5. Minnesota Statutes 2010, section 340A.301, is amended by adding a
3.5subdivision to read:
3.6 Subd. 6c. Microdistillery fee. The commissioner shall establish a fee for licensing
3.7microdistilleries that adequately covers the cost of issuing the license and other inspection
3.8requirements. The fees shall be deposited in an account in the special revenue fund and
3.9are appropriated to the commissioner for the purposes of this subdivision.
3.10 Sec. 6. Minnesota Statutes 2010, section 340A.404, is amended by adding a
3.11subdivision to read:
3.12 Subd. 1b. Cities; auto racing facilities. A city may issue an on-sale intoxicating
3.13liquor license to an auto racing facility located in the city. The license may authorize sales
3.14both to persons attending any and all events at the facility, and sales in a restaurant, bar, or
3.15banquet facility located on the premises of the auto racing facility. The license authorizes
3.16sales on all days of the week. The license may be issued for a space that is not compact
3.17and contiguous, provided that the licensed premises may include only the space within a
3.18defined area as described in the application for the license.
3.19EFFECTIVE DATE.This section is effective the day following final enactment.
3.20 Sec. 7. Minnesota Statutes 2010, section 340A.404, is amended by adding a
3.21subdivision to read:
3.22 Subd. 5a. Wine festival. A municipality with the approval of the commissioner may
3.23issue a temporary license to a bona fide association of owners and operators of wineries
3.24sponsoring an annual festival to showcase wines produced by members of the association.
3.25The license issued under this subdivision authorizes the sale of table, sparkling, or fortified
3.26wines produced by the wineries at on-sale by the glass, or off-sale by the bottle, and the
3.27dispensing of free samples of the wines offered for sale within designated premises of the
3.28festival. Off-sales of wine under this subdivision shall be limited to two or fewer bottles
3.29per customer. A license issued under this subdivision is subject to all laws and ordinances
3.30governing the sale, possession, and consumption of table, sparkling, or fortified wines. For
3.31purposes of this subdivision, a "bona fide association of owners and operators of wineries"
4.1means an association of more than ten wineries that has been in existence for more than
4.2two years at the time of application for the temporary license.
4.3 Sec. 8. Minnesota Statutes 2010, section 340A.404, subdivision 7, is amended to read:
4.4 Subd. 7. Airports commission. On-sale licenses may be issued by the Metropolitan
4.5Airports Commission for the sale of intoxicating liquor in major airports owned by
4.6the Metropolitan Airports Commission and used as terminals for regularly scheduled
4.7air passenger service. Notwithstanding any other law, the license authorized by this
4.8subdivision may be issued for space that is not compact and contiguous.
4.9EFFECTIVE DATE.This section is effective the day following final enactment.
4.10 Sec. 9. Minnesota Statutes 2010, section 340A.404, is amended by adding a
4.11subdivision to read:
4.12 Subd. 10a. Temporary on-sale licenses; farm winery. The governing body of a
4.13municipality may issue to a farm winery licensed under section 340A.315 a temporary
4.14license for the on-sale at a county fair located within the municipality of intoxicating
4.15liquor produced by the farm winery. The licenses are subject to the terms, including a
4.16license fee, imposed by the issuing municipality and all laws and ordinances governing
4.17the sale of intoxicating liquor not inconsistent with this section. Licenses under this
4.18subdivision are not valid unless first approved by the commissioner of public safety.
4.19EFFECTIVE DATE.This section is effective the day following final enactment.
4.20 Sec. 10. Minnesota Statutes 2010, section 340A.404, is amended by adding a
4.21subdivision to read:
4.22 Subd. 14. Private college. Notwithstanding any other law, local ordinance, or
4.23charter provision, the governing body of a municipality may issue an on-sale intoxicating
4.24liquor license to a private, nonprofit college located within the municipality, or to any
4.25entity holding a caterer's permit and a contract with the private, nonprofit college for
4.26catering on the premises of the private, nonprofit college, or for any portion of the
4.27premises as described in the approved license application. The license authorized by this
4.28subdivision may be issued for space that is not compact and contiguous, provided that
4.29all such space is included in the description of the licensed premises on the approved
4.30license application. The license authorizes sales on all days of the week to persons
4.31attending events at the private, nonprofit college. All other provisions of this chapter not
4.32inconsistent with this section apply to the license authorized under this section.
5.1EFFECTIVE DATE.This section is effective the day following final enactment.
5.2 Sec. 11. Minnesota Statutes 2010, section 340A.412, subdivision 4, is amended to read:
5.3 Subd. 4. Licenses prohibited in certain areas. (a) No license to sell intoxicating
5.4liquor may be issued within the following areas:
5.5 (1) where restricted against commercial use through zoning ordinances and other
5.6proceedings or legal processes regularly had for that purpose, except licenses may be
5.7issued to restaurants in areas which were restricted against commercial uses after the
5.8establishment of the restaurant;
5.9 (2) within the Capitol or on the Capitol grounds, except as provided under Laws
5.101983, chapter 259, section 9, or Laws 1999, chapter 202, section 13;
5.11 (3) on the State Fairgrounds, except as provided under section37.21, subdivision 2 ;
5.12 (4) on the campus of the College of Agriculture of the University of Minnesota;
5.13 (5) within 1,000 feet of a state hospital, training school, reformatory, prison, or other
5.14institution under the supervision or control, in whole or in part, of the commissioner of
5.15human services or the commissioner of corrections;
5.16 (6) in a town or municipality in which a majority of votes at the last election at which
5.17the question of license was voted upon were not in favor of license under section340A.416 ,
5.18or within one-half mile of any such town or municipality, except that intoxicating liquor
5.19manufactured within this radius may be sold to be consumed outside it; and
5.20(7) within 1,500 feet of a state university, except that:
5.21(i) the minimum distance in the case of Winona and Southwest State University is
5.221,200 feet, measured by a direct line from the nearest corner of the administration building
5.23to the main entrance of the licensed establishment;
5.24(ii) within 1,500 feet of St. Cloud State University one on-sale wine and two off-sale
5.25intoxicating liquor licenses may be issued, measured by a direct line from the nearest
5.26corner of the administration building to the main entrance of the licensed establishment;
5.27(iii) at Mankato State University the distance is measured from the front door of
5.28the student union of the Highland campus;
5.29(iv) a temporary license under section
340A.404, subdivision 10, may be issued to
5.30a location on the grounds of a state university for an event sponsored or approved by
5.31the state university; and
5.32(v) this restriction does not apply to the area surrounding the premises of
5.33Metropolitan State University in Minneapolis; and
5.34(8) (7) within 1,500 feet of any public school that is not within a city.
6.1 (b) The restrictions of this subdivision do not apply to a manufacturer or wholesaler
6.2of intoxicating liquor or to a drugstore or to a person who had a license originally issued
6.3lawfully prior to July 1, 1967.
6.4 Sec. 12. WHITE BEAR TOWNSHIP; AUTHORITY TO ISSUE LICENSES.
6.5Notwithstanding any law or ordinance to the contrary, White Bear Township may
6.6issue on-sale and off-sale liquor licenses for establishments within its jurisdiction.
6.7Only establishments eligible for a license under authority granted to Ramsey County
6.8by Minnesota Statutes, chapter 340A, may be issued a license under this section. All
6.9provisions of Minnesota Statutes, chapter 340, not inconsistent with this section shall
6.10apply to the licenses authorized under this section.
6.11EFFECTIVE DATE.This section is effective the day following final enactment.
6.12 Sec. 13. EFFECTIVE DATE; SUMMER COLLEGIATE BASEBALL
6.13LICENSES.
6.14Laws 2011, chapter 16, is effective April 20, 2011.
1.3amending Minnesota Statutes 2010, sections 340A.101, by adding subdivisions;
1.4340A.301, subdivision 4, by adding subdivisions; 340A.404, subdivision 7, by
1.5adding subdivisions; 340A.412, subdivision 4.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2010, section 340A.101, is amended by adding a
1.8subdivision to read:
1.9 Subd. 16a. Microdistillery. "Microdistillery" is a distillery operated within the state
1.10producing premium, distilled spirits in total quantity not to exceed 40,000 proof gallons
1.11in a calendar year.
1.12 Sec. 2. Minnesota Statutes 2010, section 340A.101, is amended by adding a
1.13subdivision to read:
1.14 Subd. 24a. Proof gallon. A "proof gallon" is one liquid gallon of distilled spirits
1.15that is 50 percent alcohol at 60 degrees Fahrenheit.
1.16 Sec. 3. Minnesota Statutes 2010, section 340A.301, subdivision 4, is amended to read:
1.17 Subd. 4. Bond. The commissioner may not issue a license under this section to a
1.18person who has not filed a bond with corporate surety, or cash, or United States government
1.19bonds payable to the state. The proof of financial responsibility must be approved by the
1.20commissioner before the license is issued. The bond must be conditioned on the licensee
1.21obeying all laws governing the business and paying when due all taxes, fees, penalties and
1.22other charges, and must provide that it is forfeited to the state on a violation of law. This
2.1subdivision does not apply to a Minnesota farm winery, licensed under section
2.2that is in existence as of January 1, 2010. Bonds must be in the following amounts:
2.13 Sec. 4. Minnesota Statutes 2010, section 340A.301, is amended by adding a
2.14subdivision to read:
2.15 Subd. 6b. Brewer taproom license. (a) A municipality may issue the holder of
2.16a brewer's license under subdivision 6, clause (c), (i), or (j), a brewer taproom license.
2.17A brewer taproom license authorizes on-sale of malt liquor produced by the brewer for
2.18consumption on the premises of or adjacent to one brewery location owned by the brewer.
2.19Nothing in this subdivision precludes the holder of a brewer taproom license from also
2.20holding a license to operate a restaurant at the brewery. Section 340A.409 shall apply to a
2.21license issued under this subdivision. All provisions of this chapter that apply to a retail
2.22liquor license shall apply to a license issued under this subdivision unless the provision is
2.23explicitly inconsistent with this subdivision.
2.24(b) A brewer may only have one taproom license under this subdivision, and may
2.25not have an ownership interest in a brewery licensed under subdivision 6, clause (d).
2.26(c) A municipality may not issue a brewer taproom license to a brewer if the brewer
2.27seeking the license, or any person having an economic interest in the brewer seeking the
2.28license or exercising control over the brewer seeking the license, is a brewer that brews
2.29more than 250,000 barrels of malt liquor annually or a winery that produces more than
2.30250,000 gallons of wine annually.
2.31(d) The municipality shall impose a licensing fee on a brewer holding a brewer
2.32taproom license under this subdivision, subject to limitations applicable to license fees
2.33under section 340A.408, subdivision 2, paragraph (a).
2.34(e) A municipality shall, within ten days of the issuance of a license under this
2.35subdivision, inform the commissioner of the licensee's name and address and trade name,
2.36and the effective date and expiration date of the license. The municipality shall also
3.1inform the commissioner of a license transfer, cancellation, suspension, or revocation
3.2during the license period.
3.3EFFECTIVE DATE.This section is effective the day following final enactment.
3.4 Sec. 5. Minnesota Statutes 2010, section 340A.301, is amended by adding a
3.5subdivision to read:
3.6 Subd. 6c. Microdistillery fee. The commissioner shall establish a fee for licensing
3.7microdistilleries that adequately covers the cost of issuing the license and other inspection
3.8requirements. The fees shall be deposited in an account in the special revenue fund and
3.9are appropriated to the commissioner for the purposes of this subdivision.
3.10 Sec. 6. Minnesota Statutes 2010, section 340A.404, is amended by adding a
3.11subdivision to read:
3.12 Subd. 1b. Cities; auto racing facilities. A city may issue an on-sale intoxicating
3.13liquor license to an auto racing facility located in the city. The license may authorize sales
3.14both to persons attending any and all events at the facility, and sales in a restaurant, bar, or
3.15banquet facility located on the premises of the auto racing facility. The license authorizes
3.16sales on all days of the week. The license may be issued for a space that is not compact
3.17and contiguous, provided that the licensed premises may include only the space within a
3.18defined area as described in the application for the license.
3.19EFFECTIVE DATE.This section is effective the day following final enactment.
3.20 Sec. 7. Minnesota Statutes 2010, section 340A.404, is amended by adding a
3.21subdivision to read:
3.22 Subd. 5a. Wine festival. A municipality with the approval of the commissioner may
3.23issue a temporary license to a bona fide association of owners and operators of wineries
3.24sponsoring an annual festival to showcase wines produced by members of the association.
3.25The license issued under this subdivision authorizes the sale of table, sparkling, or fortified
3.26wines produced by the wineries at on-sale by the glass, or off-sale by the bottle, and the
3.27dispensing of free samples of the wines offered for sale within designated premises of the
3.28festival. Off-sales of wine under this subdivision shall be limited to two or fewer bottles
3.29per customer. A license issued under this subdivision is subject to all laws and ordinances
3.30governing the sale, possession, and consumption of table, sparkling, or fortified wines. For
3.31purposes of this subdivision, a "bona fide association of owners and operators of wineries"
4.1means an association of more than ten wineries that has been in existence for more than
4.2two years at the time of application for the temporary license.
4.3 Sec. 8. Minnesota Statutes 2010, section 340A.404, subdivision 7, is amended to read:
4.4 Subd. 7. Airports commission. On-sale licenses may be issued by the Metropolitan
4.5Airports Commission for the sale of intoxicating liquor in major airports owned by
4.6the Metropolitan Airports Commission and used as terminals for regularly scheduled
4.7air passenger service. Notwithstanding any other law, the license authorized by this
4.8subdivision may be issued for space that is not compact and contiguous.
4.9EFFECTIVE DATE.This section is effective the day following final enactment.
4.10 Sec. 9. Minnesota Statutes 2010, section 340A.404, is amended by adding a
4.11subdivision to read:
4.12 Subd. 10a. Temporary on-sale licenses; farm winery. The governing body of a
4.13municipality may issue to a farm winery licensed under section 340A.315 a temporary
4.14license for the on-sale at a county fair located within the municipality of intoxicating
4.15liquor produced by the farm winery. The licenses are subject to the terms, including a
4.16license fee, imposed by the issuing municipality and all laws and ordinances governing
4.17the sale of intoxicating liquor not inconsistent with this section. Licenses under this
4.18subdivision are not valid unless first approved by the commissioner of public safety.
4.19EFFECTIVE DATE.This section is effective the day following final enactment.
4.20 Sec. 10. Minnesota Statutes 2010, section 340A.404, is amended by adding a
4.21subdivision to read:
4.22 Subd. 14. Private college. Notwithstanding any other law, local ordinance, or
4.23charter provision, the governing body of a municipality may issue an on-sale intoxicating
4.24liquor license to a private, nonprofit college located within the municipality, or to any
4.25entity holding a caterer's permit and a contract with the private, nonprofit college for
4.26catering on the premises of the private, nonprofit college, or for any portion of the
4.27premises as described in the approved license application. The license authorized by this
4.28subdivision may be issued for space that is not compact and contiguous, provided that
4.29all such space is included in the description of the licensed premises on the approved
4.30license application. The license authorizes sales on all days of the week to persons
4.31attending events at the private, nonprofit college. All other provisions of this chapter not
4.32inconsistent with this section apply to the license authorized under this section.
5.1EFFECTIVE DATE.This section is effective the day following final enactment.
5.2 Sec. 11. Minnesota Statutes 2010, section 340A.412, subdivision 4, is amended to read:
5.3 Subd. 4. Licenses prohibited in certain areas. (a) No license to sell intoxicating
5.4liquor may be issued within the following areas:
5.5 (1) where restricted against commercial use through zoning ordinances and other
5.6proceedings or legal processes regularly had for that purpose, except licenses may be
5.7issued to restaurants in areas which were restricted against commercial uses after the
5.8establishment of the restaurant;
5.9 (2) within the Capitol or on the Capitol grounds, except as provided under Laws
5.101983, chapter 259, section 9, or Laws 1999, chapter 202, section 13;
5.11 (3) on the State Fairgrounds, except as provided under section
5.12 (4) on the campus of the College of Agriculture of the University of Minnesota;
5.13 (5) within 1,000 feet of a state hospital, training school, reformatory, prison, or other
5.14institution under the supervision or control, in whole or in part, of the commissioner of
5.15human services or the commissioner of corrections;
5.16 (6) in a town or municipality in which a majority of votes at the last election at which
5.17the question of license was voted upon were not in favor of license under section
5.18or within one-half mile of any such town or municipality, except that intoxicating liquor
5.19manufactured within this radius may be sold to be consumed outside it; and
5.20
5.21
5.22
5.23
5.24
5.25
5.26
5.27
5.28
5.29
5.30
5.31
5.32
5.33
5.34
6.1 (b) The restrictions of this subdivision do not apply to a manufacturer or wholesaler
6.2of intoxicating liquor or to a drugstore or to a person who had a license originally issued
6.3lawfully prior to July 1, 1967.
6.4 Sec. 12. WHITE BEAR TOWNSHIP; AUTHORITY TO ISSUE LICENSES.
6.5Notwithstanding any law or ordinance to the contrary, White Bear Township may
6.6issue on-sale and off-sale liquor licenses for establishments within its jurisdiction.
6.7Only establishments eligible for a license under authority granted to Ramsey County
6.8by Minnesota Statutes, chapter 340A, may be issued a license under this section. All
6.9provisions of Minnesota Statutes, chapter 340, not inconsistent with this section shall
6.10apply to the licenses authorized under this section.
6.11EFFECTIVE DATE.This section is effective the day following final enactment.
6.12 Sec. 13. EFFECTIVE DATE; SUMMER COLLEGIATE BASEBALL
6.13LICENSES.
6.14Laws 2011, chapter 16, is effective April 20, 2011.
