Bill Text: MN SF2392 | 2011-2012 | 87th Legislature | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Omnibus liquor provisions modification
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Passed) 2012-04-27 - Secretary of State Chapter 235 04/27/12 [SF2392 Detail]
Download: Minnesota-2011-SF2392-Engrossed.html
Bill Title: Omnibus liquor provisions modification
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Passed) 2012-04-27 - Secretary of State Chapter 235 04/27/12 [SF2392 Detail]
Download: Minnesota-2011-SF2392-Engrossed.html
1.2relating to liquor; modifying liquor regulation; authorizing liquor licenses;
1.3amending Minnesota Statutes 2010, sections 340A.315, by adding a subdivision;
1.4340A.412, subdivision 14; 340A.419, subdivision 2; Minnesota Statutes 2011
1.5Supplement, section 340A.404, subdivision 5a; proposing coding for new law
1.6in Minnesota Statutes, chapter 340A.
1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.8 Section 1. Minnesota Statutes 2010, section 340A.315, is amended by adding a
1.9subdivision to read:
1.10 Subd. 8. Bulk wine. Farm wineries licensed under this section are permitted to
1.11purchase and use bulk wine, provided the quantity of bulk wine in any farm winery's
1.12annual production shall not exceed ten percent of that winery's annual production. "Bulk
1.13wine," as used in this subdivision, means fermented juice from grapes, other fruit bases,
1.14or honey.
1.15EFFECTIVE DATE.This section is effective the day following final enactment.
1.16 Sec. 2. Minnesota Statutes 2011 Supplement, section 340A.404, subdivision 5a,
1.17is amended to read:
1.18 Subd. 5a. Wine festival. A municipality with the approval of the commissioner
1.19may issue a temporary license to a bona fide association of owners and operators of
1.20wineries sponsoring an annual festival to showcase wines produced by members of the
1.21association. The commissioner may only approve one temporary license in a calendar
1.22year for each qualified association under this subdivision. The license issued under this
1.23subdivision authorizes the sale of table, sparkling, or fortified wines produced by the
1.24wineries at on-sale by the glass, provided that no more than two glasses per customer may
2.1be sold, and off-sale by the bottle, provided that no more than six bottles in total per
2.2customer may be sold. The license also authorizes the dispensing of free samples of the
2.3wines offered for sale within designated premises of the festival. A license issued under
2.4this subdivision is subject to all laws and ordinances governing the sale, possession, and
2.5consumption of table, sparkling, or fortified wines. For purposes of this subdivision, a
2.6"bona fide association of owners and operators of wineries" means an association of
2.7more than ten wineries that has been in existence for more than two years at the time
2.8of application for the temporary license.
2.9EFFECTIVE DATE.This section is effective the day following final enactment.
2.10 Sec. 3. [340A.4042] WINE EDUCATOR; ON-SALE LICENSE.
2.11The commissioner may issue an on-sale license to a person meeting the requirements
2.12specified in sections 340A.402 and 340A.409, at an annual cost of $250 per license to a
2.13wine educator and $50 per permit for each employee of the wine educator that will be
2.14pouring wine, under the following conditions:
2.15(1) the license may be used to purchase wine at retail and serve wine for educational
2.16purposes in any part of the state, unless a political subdivision adopts an ordinance
2.17prohibiting wine education;
2.18(2) all events conducted pursuant to this license must be conducted through advance
2.19registration, and no walk-in access to the general public is permitted;
2.20(3) licensees must possess certification that is satisfactory to the commissioner,
2.21including, but not limited to, a certified specialist of wine or certified wine educator status
2.22as conferred by the Society of Wine Educators, a Wine and Spirits Education Trust
2.23Diploma, status as a certified sommelier, or the completion of a wine industry program at
2.24a technical college or culinary school. A wine educator must also complete Training for
2.25Intervention Procedures (TIPS) or other certified alcohol training programs and have a
2.26valid certificate on file with the commissioner;
2.27(4) a license holder shall not sell alcohol for off-premises consumption and no
2.28orders may be taken for future sales;
2.29(5) classes shall not be conducted at retail businesses that do not have a liquor
2.30license during business hours; and
2.31(6) prior to providing a class authorized under this section, the licensee shall notify
2.32the police chief of the city where the class will take place, if the event will take place
2.33within the corporate limits of a city. If the city has no police department, the licensee shall
2.34notify the city's clerk. If the class will take place outside the corporate limits of any city,
2.35the licensee shall notify the sheriff of the county where the class will take place.
3.1 Sec. 4. Minnesota Statutes 2010, section 340A.412, subdivision 14, is amended to read:
3.2 Subd. 14. Exclusive liquor stores. (a) Except as otherwise provided in this
3.3subdivision, an exclusive liquor store may sell only the following items:
3.4(1) alcoholic beverages;
3.5(2) tobacco products;
3.6(3) ice;
3.7(4) beverages, either liquid or powder, specifically designated for mixing with
3.8intoxicating liquor;
3.9(5) soft drinks;
3.10(6) liqueur-filled candies;
3.11(7) food products that contain more than one-half of one percent alcohol by volume;
3.12(8) cork extraction devices;
3.13(9) books and videos on the use of alcoholic beverages;
3.14(10) magazines and other publications published primarily for information and
3.15education on alcoholic beverages;
3.16(11) multiple-use bags designed to carry purchased items;
3.17(12) devices designed to ensure safe storage and monitoring of alcohol in the home,
3.18to prevent access by underage drinkers;and
3.19(13) home brewing equipment; and
3.20(14) clothing marked with the specific name, brand, or identifying logo of the
3.21exclusive liquor store, and bearing no other name, brand, or identifying logo.
3.22(b) An exclusive liquor store that has an on-sale, or combination on-sale and off-sale
3.23license may sell food for on-premise consumption when authorized by the municipality
3.24issuing the license.
3.25(c) An exclusive liquor store may offer live or recorded entertainment.
3.26EFFECTIVE DATE.This section is effective the day following final enactment.
3.27 Sec. 5. Minnesota Statutes 2010, section 340A.419, subdivision 2, is amended to read:
3.28 Subd. 2. Tastings. (a) Notwithstanding any other law, an exclusive liquor store may
3.29conduct a wine, malt liquor, or spirits tasting on the premises of a holder of an on-sale
3.30intoxicating liquor license that is not a temporary license or on the premises of a holder
3.31of a wine license under section340A.404, subdivision 5 , if the exclusive liquor store
3.32complies with this section.
3.33(b) No wine, malt liquor, or spirits authorized for use under this section may be sold
3.34for off-premises consumption. A participant in the tasting may fill out a form indicating
4.1preferences for wine, malt liquor, or spirits. The form may be held on the premises of the
4.2exclusive liquor store to assist the participant in making an off-sale purchase at a later date.
4.3(c) Notwithstanding any other law, an exclusive liquor store may purchase or
4.4otherwise obtain wine or spirits for a tasting conducted under this section from a
4.5wholesaler licensed to sell wine or spirits. The wholesaler may sell or give wine or spirits
4.6to an exclusive liquor store for a tasting conducted under this section and may provide
4.7personnel to assist in the tasting.
4.8(d) An exclusive liquor store that conducts a tasting under this section must use
4.9any fees collected from participants in the tasting only to defray the cost of conducting
4.10the tasting.
4.11 (e) Notwithstanding section340A.409, subdivision 4 , the premises on which a
4.12tasting is conducted must be insured as required by section340A.409, subdivision 1 .
4.13(f) Exclusive liquor stores may conduct classes for a fee and allow tastings in the
4.14conduct of those classes, provided that the amount served at a class is limited to the
4.15amount authorized under section 340A.4041.
4.16EFFECTIVE DATE.This section is effective the day following final enactment.
4.17 Sec. 6. EXEMPTION; OUT-OF-STATE CRAFT BREWER.
4.18(a) No license or brand registration shall be required under this chapter for an
4.19out-of-state brewer if:
4.20(1) total production of malt liquor by the brewer in the prior calendar year was
4.21less than 5,000 barrels; and
4.22(2) the brewer's malt liquor is only to be sold at retail in this state on one day in any
4.23calendar year in the city of Winnebago by a person who holds an appropriate retail license.
4.24(b) Malt liquor referenced in paragraph (a) need not be sold through a licensed
4.25wholesale or delivered to a wholesaler as required by section 340A.3021.
4.26EFFECTIVE DATE.This section is effective upon approval by the Winnebago
4.27City Council and compliance with Minnesota Statutes, section 645.021.
4.28 Sec. 7. ON-SALE LICENSE AUTHORIZED.
4.29Notwithstanding any law or ordinance to the contrary, in addition to the number of
4.30licenses authorized, the city of Moorhead may issue an on-sale intoxicating liquor license
4.31to the governing body of the Bluestem Center for the Arts for the premises known as the
4.32Bluestem Center for the Arts. The license shall authorize the dispensing of intoxicating
4.33liquor only to persons attending events on the licensed premises, and shall authorize
5.1consumption on the licensed premises only. The license may provide that the governing
5.2body of the Bluestem Center for the Arts may contract for intoxicating liquor catering
5.3service with the holder of an on-sale intoxicating liquor license issued by the city of
5.4Moorhead. The city council shall establish the fee for the license. All provisions of
5.5Minnesota Statutes, chapter 340A, governing alcoholic beverages not inconsistent with
5.6this law apply to the license.
5.7EFFECTIVE DATE.This section is effective upon approval by the Moorhead City
5.8Council and compliance with Minnesota Statutes, section 645.021.
5.9 Sec. 8. SPECIAL PROVISION; CITY OF MINNEAPOLIS.
5.10(a) The city of Minneapolis may extend any interim zoning, liquor licensing, or other
5.11approvals granted to Kick's Liquor Store, Inc., a Minnesota corporation currently licensed
5.12as an exclusive liquor store doing business as Broadway Liquor Outlet at 2201 West
5.13Broadway, where the building housing the business at its current location was damaged
5.14beyond reasonable repair by the 2011 tornado, to permit the ongoing interim operation of
5.15the business in a temporary structure at the current location prior to the relocation of the
5.16business to a permanent facility located across the street at 2200-2220 West Broadway, or
5.17as this property is or may be more fully described in the property records of Hennepin
5.18County, notwithstanding limitations of law, local ordinances, or charter provisions relating
5.19to zoning or liquor licensing.
5.20(b) The city of Minneapolis may grant, renew, or otherwise reissue the existing
5.21off-sale intoxicating liquor license to Kick's Liquor Store, Inc., doing business as
5.22Broadway Liquor Outlet, upon the relocation of the business to the permanent facility at
5.232200-2220 West Broadway or as this property is or may be more fully described in the
5.24property records of Hennepin County, notwithstanding limitations of law, local ordinances,
5.25or charter provisions relating to liquor licensing or contiguous zoning requirements.
5.26EFFECTIVE DATE.This section is effective upon approval by the Minneapolis
5.27City Council and compliance with Minnesota Statutes, section 645.021
5.28 Sec. 9. REVISOR'S INSTRUCTION.
5.29The revisor of statutes shall renumber Minnesota Statutes, section 340A.404,
5.30subdivision 5a, as Minnesota Statutes, section 340A.4175, and make any necessary
5.31cross-reference changes in Minnesota Statutes.
1.3amending Minnesota Statutes 2010, sections 340A.315, by adding a subdivision;
1.4340A.412, subdivision 14; 340A.419, subdivision 2; Minnesota Statutes 2011
1.5Supplement, section 340A.404, subdivision 5a; proposing coding for new law
1.6in Minnesota Statutes, chapter 340A.
1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.8 Section 1. Minnesota Statutes 2010, section 340A.315, is amended by adding a
1.9subdivision to read:
1.10 Subd. 8. Bulk wine. Farm wineries licensed under this section are permitted to
1.11purchase and use bulk wine, provided the quantity of bulk wine in any farm winery's
1.12annual production shall not exceed ten percent of that winery's annual production. "Bulk
1.13wine," as used in this subdivision, means fermented juice from grapes, other fruit bases,
1.14or honey.
1.15EFFECTIVE DATE.This section is effective the day following final enactment.
1.16 Sec. 2. Minnesota Statutes 2011 Supplement, section 340A.404, subdivision 5a,
1.17is amended to read:
1.18 Subd. 5a. Wine festival. A municipality with the approval of the commissioner
1.19may issue a temporary license to a bona fide association of owners and operators of
1.20wineries sponsoring an annual festival to showcase wines produced by members of the
1.21association. The commissioner may only approve one temporary license in a calendar
1.22year for each qualified association under this subdivision. The license issued under this
1.23subdivision authorizes the sale of table, sparkling, or fortified wines produced by the
1.24wineries at on-sale by the glass, provided that no more than two glasses per customer may
2.1be sold, and off-sale by the bottle, provided that no more than six bottles in total per
2.2customer may be sold. The license also authorizes the dispensing of free samples of the
2.3wines offered for sale within designated premises of the festival. A license issued under
2.4this subdivision is subject to all laws and ordinances governing the sale, possession, and
2.5consumption of table, sparkling, or fortified wines. For purposes of this subdivision, a
2.6"bona fide association of owners and operators of wineries" means an association of
2.7more than ten wineries that has been in existence for more than two years at the time
2.8of application for the temporary license.
2.9EFFECTIVE DATE.This section is effective the day following final enactment.
2.10 Sec. 3. [340A.4042] WINE EDUCATOR; ON-SALE LICENSE.
2.11The commissioner may issue an on-sale license to a person meeting the requirements
2.12specified in sections 340A.402 and 340A.409, at an annual cost of $250 per license to a
2.13wine educator and $50 per permit for each employee of the wine educator that will be
2.14pouring wine, under the following conditions:
2.15(1) the license may be used to purchase wine at retail and serve wine for educational
2.16purposes in any part of the state, unless a political subdivision adopts an ordinance
2.17prohibiting wine education;
2.18(2) all events conducted pursuant to this license must be conducted through advance
2.19registration, and no walk-in access to the general public is permitted;
2.20(3) licensees must possess certification that is satisfactory to the commissioner,
2.21including, but not limited to, a certified specialist of wine or certified wine educator status
2.22as conferred by the Society of Wine Educators, a Wine and Spirits Education Trust
2.23Diploma, status as a certified sommelier, or the completion of a wine industry program at
2.24a technical college or culinary school. A wine educator must also complete Training for
2.25Intervention Procedures (TIPS) or other certified alcohol training programs and have a
2.26valid certificate on file with the commissioner;
2.27(4) a license holder shall not sell alcohol for off-premises consumption and no
2.28orders may be taken for future sales;
2.29(5) classes shall not be conducted at retail businesses that do not have a liquor
2.30license during business hours; and
2.31(6) prior to providing a class authorized under this section, the licensee shall notify
2.32the police chief of the city where the class will take place, if the event will take place
2.33within the corporate limits of a city. If the city has no police department, the licensee shall
2.34notify the city's clerk. If the class will take place outside the corporate limits of any city,
2.35the licensee shall notify the sheriff of the county where the class will take place.
3.1 Sec. 4. Minnesota Statutes 2010, section 340A.412, subdivision 14, is amended to read:
3.2 Subd. 14. Exclusive liquor stores. (a) Except as otherwise provided in this
3.3subdivision, an exclusive liquor store may sell only the following items:
3.4(1) alcoholic beverages;
3.5(2) tobacco products;
3.6(3) ice;
3.7(4) beverages, either liquid or powder, specifically designated for mixing with
3.8intoxicating liquor;
3.9(5) soft drinks;
3.10(6) liqueur-filled candies;
3.11(7) food products that contain more than one-half of one percent alcohol by volume;
3.12(8) cork extraction devices;
3.13(9) books and videos on the use of alcoholic beverages;
3.14(10) magazines and other publications published primarily for information and
3.15education on alcoholic beverages;
3.16(11) multiple-use bags designed to carry purchased items;
3.17(12) devices designed to ensure safe storage and monitoring of alcohol in the home,
3.18to prevent access by underage drinkers;
3.19(13) home brewing equipment; and
3.20(14) clothing marked with the specific name, brand, or identifying logo of the
3.21exclusive liquor store, and bearing no other name, brand, or identifying logo.
3.22(b) An exclusive liquor store that has an on-sale, or combination on-sale and off-sale
3.23license may sell food for on-premise consumption when authorized by the municipality
3.24issuing the license.
3.25(c) An exclusive liquor store may offer live or recorded entertainment.
3.26EFFECTIVE DATE.This section is effective the day following final enactment.
3.27 Sec. 5. Minnesota Statutes 2010, section 340A.419, subdivision 2, is amended to read:
3.28 Subd. 2. Tastings. (a) Notwithstanding any other law, an exclusive liquor store may
3.29conduct a wine, malt liquor, or spirits tasting on the premises of a holder of an on-sale
3.30intoxicating liquor license that is not a temporary license or on the premises of a holder
3.31of a wine license under section
3.32complies with this section.
3.33(b) No wine, malt liquor, or spirits authorized for use under this section may be sold
3.34for off-premises consumption. A participant in the tasting may fill out a form indicating
4.1preferences for wine, malt liquor, or spirits. The form may be held on the premises of the
4.2exclusive liquor store to assist the participant in making an off-sale purchase at a later date.
4.3(c) Notwithstanding any other law, an exclusive liquor store may purchase or
4.4otherwise obtain wine or spirits for a tasting conducted under this section from a
4.5wholesaler licensed to sell wine or spirits. The wholesaler may sell or give wine or spirits
4.6to an exclusive liquor store for a tasting conducted under this section and may provide
4.7personnel to assist in the tasting.
4.8(d) An exclusive liquor store that conducts a tasting under this section must use
4.9any fees collected from participants in the tasting only to defray the cost of conducting
4.10the tasting.
4.11 (e) Notwithstanding section
4.12tasting is conducted must be insured as required by section
4.13(f) Exclusive liquor stores may conduct classes for a fee and allow tastings in the
4.14conduct of those classes, provided that the amount served at a class is limited to the
4.15amount authorized under section 340A.4041.
4.16EFFECTIVE DATE.This section is effective the day following final enactment.
4.17 Sec. 6. EXEMPTION; OUT-OF-STATE CRAFT BREWER.
4.18(a) No license or brand registration shall be required under this chapter for an
4.19out-of-state brewer if:
4.20(1) total production of malt liquor by the brewer in the prior calendar year was
4.21less than 5,000 barrels; and
4.22(2) the brewer's malt liquor is only to be sold at retail in this state on one day in any
4.23calendar year in the city of Winnebago by a person who holds an appropriate retail license.
4.24(b) Malt liquor referenced in paragraph (a) need not be sold through a licensed
4.25wholesale or delivered to a wholesaler as required by section 340A.3021.
4.26EFFECTIVE DATE.This section is effective upon approval by the Winnebago
4.27City Council and compliance with Minnesota Statutes, section 645.021.
4.28 Sec. 7. ON-SALE LICENSE AUTHORIZED.
4.29Notwithstanding any law or ordinance to the contrary, in addition to the number of
4.30licenses authorized, the city of Moorhead may issue an on-sale intoxicating liquor license
4.31to the governing body of the Bluestem Center for the Arts for the premises known as the
4.32Bluestem Center for the Arts. The license shall authorize the dispensing of intoxicating
4.33liquor only to persons attending events on the licensed premises, and shall authorize
5.1consumption on the licensed premises only. The license may provide that the governing
5.2body of the Bluestem Center for the Arts may contract for intoxicating liquor catering
5.3service with the holder of an on-sale intoxicating liquor license issued by the city of
5.4Moorhead. The city council shall establish the fee for the license. All provisions of
5.5Minnesota Statutes, chapter 340A, governing alcoholic beverages not inconsistent with
5.6this law apply to the license.
5.7EFFECTIVE DATE.This section is effective upon approval by the Moorhead City
5.8Council and compliance with Minnesota Statutes, section 645.021.
5.9 Sec. 8. SPECIAL PROVISION; CITY OF MINNEAPOLIS.
5.10(a) The city of Minneapolis may extend any interim zoning, liquor licensing, or other
5.11approvals granted to Kick's Liquor Store, Inc., a Minnesota corporation currently licensed
5.12as an exclusive liquor store doing business as Broadway Liquor Outlet at 2201 West
5.13Broadway, where the building housing the business at its current location was damaged
5.14beyond reasonable repair by the 2011 tornado, to permit the ongoing interim operation of
5.15the business in a temporary structure at the current location prior to the relocation of the
5.16business to a permanent facility located across the street at 2200-2220 West Broadway, or
5.17as this property is or may be more fully described in the property records of Hennepin
5.18County, notwithstanding limitations of law, local ordinances, or charter provisions relating
5.19to zoning or liquor licensing.
5.20(b) The city of Minneapolis may grant, renew, or otherwise reissue the existing
5.21off-sale intoxicating liquor license to Kick's Liquor Store, Inc., doing business as
5.22Broadway Liquor Outlet, upon the relocation of the business to the permanent facility at
5.232200-2220 West Broadway or as this property is or may be more fully described in the
5.24property records of Hennepin County, notwithstanding limitations of law, local ordinances,
5.25or charter provisions relating to liquor licensing or contiguous zoning requirements.
5.26EFFECTIVE DATE.This section is effective upon approval by the Minneapolis
5.27City Council and compliance with Minnesota Statutes, section 645.021
5.28 Sec. 9. REVISOR'S INSTRUCTION.
5.29The revisor of statutes shall renumber Minnesota Statutes, section 340A.404,
5.30subdivision 5a, as Minnesota Statutes, section 340A.4175, and make any necessary
5.31cross-reference changes in Minnesota Statutes.
