Bill Text: MN SF66 | 2013-2014 | 88th Legislature | Introduced
Bill Title: Malt liquor shipments authorization
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2013-01-22 - Referred to Commerce [SF66 Detail]
Download: Minnesota-2013-SF66-Introduced.html
1.2relating to liquor; authorizing shipments of malt liquor into Minnesota with
1.3certain conditions;amending Minnesota Statutes 2012, sections 297G.07,
1.4subdivision 1; 340A.417.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2012, section 297G.07, subdivision 1, is amended to read:
1.7 Subdivision 1. Exemptions. The following are not subject to the excise tax:
1.8(1) Sales by a manufacturer, brewer, or wholesaler for shipment outside the state
1.9in interstate commerce.
1.10(2) Alcoholic beverages sold or transferred between Minnesota wholesalers.
1.11(3) Sales to common carriers engaged in interstate transportation of passengers,
1.12except as provided in this chapter.
1.13(4) Malt beverages served by a brewery for on-premise consumption at no charge, or
1.14distributed to brewery employees for on-premise consumption under a labor contract.
1.15(5) Shipments of wine or malt liquor to Minnesota residents under section340A.417 .
1.16(6) Fruit juices naturally fermented or beer naturally brewed in the home for family
1.17use.
1.18(7) Sales of wine for sacramental purposes under section340A.316 .
1.19(8) Alcoholic beverages sold to authorized manufacturers of food products or
1.20pharmaceutical firms. The alcoholic beverage must be used exclusively in the manufacture
1.21of food products or medicines. For purposes of this clause, "manufacturer" means a
1.22person who manufactures food products intended for sale to wholesalers or retailers for
1.23ultimate sale to the consumer.
1.24(9) Liqueur-filled candy.
2.1(10) Sales to a federal agency, that the state of Minnesota is prohibited from taxing
2.2under the Constitution or laws of the United States or under the Constitution of Minnesota.
2.3(11) Sales to Indian tribes as defined in section297G.08 .
2.4(12) Shipments of intoxicating liquor from foreign countries to diplomatic personnel
2.5of foreign countries assigned to service in this state.
2.6 Sec. 2. Minnesota Statutes 2012, section 340A.417, is amended to read:
2.7340A.417 SHIPMENTS INTO MINNESOTA.
2.8(a) Notwithstanding section297G.07, subdivision 2 , or any provision of this chapter,
2.9a winery or brewery licensed in a state other than Minnesota, or a winery located in
2.10Minnesota, may ship, for personal use and not for resale, not more than two cases of wine,
2.11containing a maximum of nine liters per case, or not more than two cases of malt liquor,
2.12containing a maximum of 288 ounces per case, in any calendar year to any resident of
2.13Minnesota age 21 or over. Delivery of a shipment under this section may not be deemed
2.14a sale in this state.
2.15(b) The shipping container of any wine or malt liquor sent under this section must be
2.16clearly marked "Alcoholic Beverages: adult signature (over 21 years of age) required."
2.17(c) It is not the intent of this section to impair the distribution of wine or malt liquor
2.18through distributors or importing distributors, but only to permit shipments of wine or
2.19malt liquor for personal use.
2.20(d) No criminal penalty may be imposed on a person for a violation of this section
2.21other than a violation described in paragraph (e) or (f). Whenever it appears to the
2.22commissioner that any person has engaged in any act or practice constituting a violation
2.23of this section, and the violation is not within two years of any previous violation of
2.24this section, the commissioner shall issue and cause to be served upon the person an
2.25order requiring the person to cease and desist from violating this section. The order must
2.26give reasonable notice of the rights of the person to request a hearing and must state the
2.27reason for the entry of the order. Unless otherwise agreed between the parties, a hearing
2.28shall be held not later than seven days after the request for the hearing is received by the
2.29commissioner after which and within 20 days after the receipt of the administrative law
2.30judge's report and subsequent exceptions and argument, the commissioner shall issue an
2.31order vacating the cease and desist order, modifying it, or making it permanent as the facts
2.32require. If no hearing is requested within 30 days of the service of the order, the order
2.33becomes final and remains in effect until modified or vacated by the commissioner. All
2.34hearings shall be conducted in accordance with the provisions of chapter 14. If the person
2.35to whom a cease and desist order is issued fails to appear at the hearing after being duly
3.1notified, the person shall be deemed in default, and the proceeding may be determined
3.2against the person upon consideration of the cease and desist order, the allegations of
3.3which may be deemed to be true.
3.4(e) Any person who violates this section within two years of a violation for which a
3.5cease and desist order was issued under paragraph (d), is guilty of a misdemeanor.
3.6(f) Any person who commits a third or subsequent violation of this section within
3.7any subsequent two-year period is guilty of a gross misdemeanor.
1.3certain conditions;amending Minnesota Statutes 2012, sections 297G.07,
1.4subdivision 1; 340A.417.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2012, section 297G.07, subdivision 1, is amended to read:
1.7 Subdivision 1. Exemptions. The following are not subject to the excise tax:
1.8(1) Sales by a manufacturer, brewer, or wholesaler for shipment outside the state
1.9in interstate commerce.
1.10(2) Alcoholic beverages sold or transferred between Minnesota wholesalers.
1.11(3) Sales to common carriers engaged in interstate transportation of passengers,
1.12except as provided in this chapter.
1.13(4) Malt beverages served by a brewery for on-premise consumption at no charge, or
1.14distributed to brewery employees for on-premise consumption under a labor contract.
1.15(5) Shipments of wine or malt liquor to Minnesota residents under section
1.16(6) Fruit juices naturally fermented or beer naturally brewed in the home for family
1.17use.
1.18(7) Sales of wine for sacramental purposes under section
1.19(8) Alcoholic beverages sold to authorized manufacturers of food products or
1.20pharmaceutical firms. The alcoholic beverage must be used exclusively in the manufacture
1.21of food products or medicines. For purposes of this clause, "manufacturer" means a
1.22person who manufactures food products intended for sale to wholesalers or retailers for
1.23ultimate sale to the consumer.
1.24(9) Liqueur-filled candy.
2.1(10) Sales to a federal agency, that the state of Minnesota is prohibited from taxing
2.2under the Constitution or laws of the United States or under the Constitution of Minnesota.
2.3(11) Sales to Indian tribes as defined in section
2.4(12) Shipments of intoxicating liquor from foreign countries to diplomatic personnel
2.5of foreign countries assigned to service in this state.
2.6 Sec. 2. Minnesota Statutes 2012, section 340A.417, is amended to read:
2.7340A.417 SHIPMENTS INTO MINNESOTA.
2.8(a) Notwithstanding section
2.9a winery or brewery licensed in a state other than Minnesota, or a winery located in
2.10Minnesota, may ship, for personal use and not for resale, not more than two cases of wine,
2.11containing a maximum of nine liters per case, or not more than two cases of malt liquor,
2.12containing a maximum of 288 ounces per case, in any calendar year to any resident of
2.13Minnesota age 21 or over. Delivery of a shipment under this section may not be deemed
2.14a sale in this state.
2.15(b) The shipping container of any wine or malt liquor sent under this section must be
2.16clearly marked "Alcoholic Beverages: adult signature (over 21 years of age) required."
2.17(c) It is not the intent of this section to impair the distribution of wine or malt liquor
2.18through distributors or importing distributors, but only to permit shipments of wine or
2.19malt liquor for personal use.
2.20(d) No criminal penalty may be imposed on a person for a violation of this section
2.21other than a violation described in paragraph (e) or (f). Whenever it appears to the
2.22commissioner that any person has engaged in any act or practice constituting a violation
2.23of this section, and the violation is not within two years of any previous violation of
2.24this section, the commissioner shall issue and cause to be served upon the person an
2.25order requiring the person to cease and desist from violating this section. The order must
2.26give reasonable notice of the rights of the person to request a hearing and must state the
2.27reason for the entry of the order. Unless otherwise agreed between the parties, a hearing
2.28shall be held not later than seven days after the request for the hearing is received by the
2.29commissioner after which and within 20 days after the receipt of the administrative law
2.30judge's report and subsequent exceptions and argument, the commissioner shall issue an
2.31order vacating the cease and desist order, modifying it, or making it permanent as the facts
2.32require. If no hearing is requested within 30 days of the service of the order, the order
2.33becomes final and remains in effect until modified or vacated by the commissioner. All
2.34hearings shall be conducted in accordance with the provisions of chapter 14. If the person
2.35to whom a cease and desist order is issued fails to appear at the hearing after being duly
3.1notified, the person shall be deemed in default, and the proceeding may be determined
3.2against the person upon consideration of the cease and desist order, the allegations of
3.3which may be deemed to be true.
3.4(e) Any person who violates this section within two years of a violation for which a
3.5cease and desist order was issued under paragraph (d), is guilty of a misdemeanor.
3.6(f) Any person who commits a third or subsequent violation of this section within
3.7any subsequent two-year period is guilty of a gross misdemeanor.
