.................... moves to amend H.F. No. 1476, as follows:
Delete everything after the enacting clause and insert:
"Section 1. Minnesota Statutes 2008, section 340A.101, is amended by adding a
subdivision to read:
1.5 Subd. 31. Public facility. "Public facility" is a park, community center, or other
1.6accommodation or facility owned or managed by or on behalf of a subdivision of the state,
1.7including any county, city, town, township, or independent district of the state.
Sec. 2. Minnesota Statutes 2008, section 340A.401, is amended to read:
1.9340A.401 LICENSE REQUIRED.
Except as provided in this chapter, no person may directly or indirectly, on any
pretense or by any device, sell, barter, keep for sale, charge for possession, or otherwise
dispose of alcoholic beverages as part of a commercial transaction without having
obtained the required license or permit. Rental of or permission to use a public facility is
1.14not a commercial transaction for the purposes of this chapter.
Sec. 3. Minnesota Statutes 2008, section 340A.404, subdivision 1, is amended to read:
Subdivision 1. Cities.
(a) A city may issue an on-sale intoxicating liquor license to
the following establishments located within its jurisdiction:
(3) bowling centers;
(4) clubs or congressionally chartered veterans organizations with the approval of
the commissioner, provided that the organization has been in existence for at least three
years and liquor sales will only be to members and bona fide guests;
(5) sports facilities located on land owned by the Metropolitan Sports Commission;
(6) exclusive liquor stores.
(b) A city may issue an on-sale intoxicating liquor license, an on-sale wine license,
or an on-sale malt liquor license to a theater within the city, notwithstanding any law, local
ordinance, or charter provision. A license issued under this paragraph authorizes sales on
all days of the week to persons attending events at the theater.
2.6(c) For the purposes of chapter 340A only, a city may issue an on-sale intoxicating
2.7liquor license, an on-sale wine license, or an on-sale malt liquor license to a convention
2.8center within the city, notwithstanding any law, local ordinance, or charter provision. A
2.9license issued under this paragraph authorizes sales on all days of the week to persons
2.10attending events at the convention center. This does not apply to convention centers
2.11in the seven county metro area.
2.12EFFECTIVE DATE.This section is effective the day following final enactment.
Sec. 4. Minnesota Statutes 2008, section 340A.404, subdivision 4, is amended to read:
Subd. 4. Special provisions; sports, conventions, or cultural facilities;
(a) The governing body of a municipality may authorize a holder of
a retail on-sale intoxicating liquor license issued by the municipality or by an adjacent
municipality to dispense intoxicating liquor at any convention, banquet, conference,
meeting, or social affair conducted on the premises of a sports, convention, or cultural
facility owned by the municipality or instrumentality thereof having independent
policy-making and appropriating authority and located within the municipality. The
licensee must be engaged to dispense intoxicating liquor at an event held by a person or
organization permitted to use the premises, and may dispense intoxicating liquor only to
persons attending the event. The licensee may not dispense intoxicating liquor to any
person attending or participating in
an a youth
amateur athletic event, for persons 18 years
2.25of age or younger,
held on the premises.
(b) The governing body of a municipality may authorize a holder of a retail on-sale
intoxicating liquor license issued by the municipality to dispense intoxicating liquor
off premises at a community festival held within the municipality. The authorization
shall specify the area in which the intoxicating liquor must be dispensed and consumed,
and shall not be issued unless the licensee demonstrates that it has liability insurance as
prescribed by section
to cover the event.
Sec. 5. Minnesota Statutes 2008, section 340A.404, subdivision 4a, is amended to read:
Subd. 4a. State-owned recreation; entertainment facilities.
other law, local ordinance, or charter provision, the commissioner may issue on-sale
intoxicating liquor licenses:
(1) to the state agency administratively responsible for, or to an entity holding a
concession or facility management contract with such agency for beverage sales at, the
premises of any Giants Ridge Recreation Area building or recreational improvement area
owned by the state in the town of White, St. Louis County;
(2) to the state agency administratively responsible for, or to an entity holding a
concession or facility management contract with such agency for beverage sales at, the
premises of any Ironworld Discovery Center building or facility owned by the state at
(3) to the Board of Regents of the University of Minnesota for events at Northrop
Auditorium, the intercollegiate football stadium, or at no more than seven other locations
within the boundaries of the University of Minnesota, provided that the Board of Regents
has approved an application for a license for the specified location
3.16(4) to the Duluth Entertainment and Convention Center Authority for beverage sales
3.17on the premises of the DECC Arena during intercollegiate hockey games.
The commissioner shall charge a fee for licenses issued under this subdivision in an
amount comparable to the fee for comparable licenses issued in surrounding cities.
3.20EFFECTIVE DATE.This section is effective the day following final enactment.
Sec. 6. Minnesota Statutes 2008, section 340A.412, subdivision 14, is amended to read:
Subd. 14. Exclusive liquor stores.
(a) Except as otherwise provided in this
subdivision, an exclusive liquor store may sell only the following items:
(1) alcoholic beverages;
(2) tobacco products;
(4) beverages, either liquid or powder, specifically designated for mixing with
(5) soft drinks;
(6) liqueur-filled candies;
(7) food products that contain more than one-half of one percent alcohol by volume;
(8) cork extraction devices;
(9) books and videos on the use of alcoholic beverages;
(10) magazines and other publications published primarily for information and
education on alcoholic beverages;
4.1(11) multiple use bags designed to carry purchased items;
4.2(12) devices designed to ensure safe storage and monitoring of alcohol in the home,
4.3to prevent access by underage drinkers; and
4.4 (11) (13)
home brewing equipment.
(b) An exclusive liquor store that has an on-sale, or combination on-sale and off-sale
license may sell food for on-premise consumption when authorized by the municipality
issuing the license.
(c) An exclusive liquor store may offer live or recorded entertainment.
4.9EFFECTIVE DATE.This section is effective the day after final enactment.
Sec. 7. Minnesota Statutes 2008, section 340A.414, subdivision 1, is amended to read:
Subdivision 1. Permit required.
No business establishment or club which does
not hold an on-sale intoxicating liquor license may directly or indirectly allow the
consumption and display of alcoholic beverages or knowingly serve any liquid for the
purpose of mixing with intoxicating liquor without first having obtained a permit from the
commissioner. Rental of a public facility does not make a subdivision nor the facility a
4.16"business establishment" for the purposes of this chapter.
Sec. 8. Minnesota Statutes 2008, section 340A.417, is amended to read:
4.18340A.417 SHIPMENTS INTO MINNESOTA.
(a) Notwithstanding section
297G.07, subdivision 2
, or any provision of this chapter,
a winery licensed in a state other than Minnesota, or a winery located in Minnesota, may
ship, for personal use and not for resale, not more than two cases of wine, containing a
maximum of nine liters per case, in any calendar year to any resident of Minnesota age 21
or over. Delivery of a shipment under this section may not be deemed a sale in this state.
(b) The shipping container of any wine sent under this section must be clearly
marked "Alcoholic Beverages: adult signature (over 21 years of age) required."
No person may (1) advertise shipments authorized under this section, (2) by
4.27 advertisement or otherwise, solicit shipments authorized by this section, or (3) accept
4.28 orders for shipments authorized by this section by use of the Internet. No shipper located
4.29 outside Minnesota may advertise interstate reciprocal wine shipments in Minnesota.
It is not the intent of this section to impair the distribution of wine through
distributors or importing distributors, but only to permit shipments of wine for personal
No criminal penalty may be imposed on a person for a violation of this
section other than a violation described in paragraph
. Whenever it appears
to the commissioner that any person has engaged in any act or practice constituting a
violation of this section, and the violation is not within two years of any previous violation
of this section, the commissioner shall issue and cause to be served upon the person an
order requiring the person to cease and desist from violating this section. The order must
give reasonable notice of the rights of the person to request a hearing and must state the
reason for the entry of the order. Unless otherwise agreed between the parties, a hearing
shall be held not later than seven days after the request for the hearing is received by the
commissioner after which and within 20 days after the receipt of the administrative law
judge's report and subsequent exceptions and argument, the commissioner shall issue an
order vacating the cease and desist order, modifying it, or making it permanent as the facts
require. If no hearing is requested within 30 days of the service of the order, the order
becomes final and remains in effect until modified or vacated by the commissioner. All
hearings shall be conducted in accordance with the provisions of chapter 14. If the person
to whom a cease and desist order is issued fails to appear at the hearing after being duly
notified, the person shall be deemed in default, and the proceeding may be determined
against the person upon consideration of the cease and desist order, the allegations of
which may be deemed to be true.
Any person who violates this section within two years of a violation for which
a cease and desist order was issued under paragraph
, is guilty of a misdemeanor.
Any person who commits a third or subsequent violation of this section
5.21 including a violation for which a cease and desist order was issued under paragraph (c),
within any subsequent two-year period is guilty of a gross misdemeanor.
5.23EFFECTIVE DATE.This section is effective the day after final enactment.
Sec. 9. Minnesota Statutes 2008, section 340A.419, subdivision 2, is amended to read:
Subd. 2. Tastings.
(a) Notwithstanding any other law, an exclusive liquor store may
conduct a wine tasting on the premises of a holder of an on-sale intoxicating liquor license
5.27or on the premises of a holder of a wine license under section 340A.404, subdivision 5,
that is not a temporary license if the exclusive liquor store complies with this section.
(b) No wine at a wine tasting under this section may be sold for off-premises
consumption. A participant in the tasting may fill out a form indicating preferences for
wine. The form may be held on the premises of the exclusive liquor store to assist the
participant in making an off-sale purchase at a later date.
(c) Notwithstanding any other law, an exclusive liquor store may purchase or
otherwise obtain wine for a wine tasting conducted under this section from a wholesaler
licensed to sell wine. The wholesaler may sell or give wine to an exclusive liquor store
for a wine tasting conducted under this section and may provide personnel to assist
in the wine tasting.
(d) An exclusive liquor store that conducts a wine tasting under this section must use
any fees collected from participants in the tasting only to defray the cost of conducting
6.6(e) The premises on which a tasting is conducted under this section must be insured
6.7as required by section 340A.409.
Sec. 10. [340A.5041] AIRPORT COMMISSION; EXTENDED HOURS.
6.9Notwithstanding any law, rule, or ordinance to the contrary, the Metropolitan
6.10Airports Commission may allow extended hours of sale at on-sale locations within the
6.11security areas of the Lindbergh and Humphrey Terminals. Extended hours are allowed for
6.12sales during the hours between 6:00 a.m. and 2:00 a.m. Monday through Sunday.
6.13EFFECTIVE DATE.This section is effective the day following final enactment.
Sec. 11. AUGSBURG COLLEGE; ON-SALE LICENSE.
6.15Notwithstanding any other law, local ordinance, or charter provision, the city of
6.16Minneapolis may issue an on-sale intoxicating liquor license to Augsburg College, or to
6.17an entity holding a caterer's permit and a contract with Augsburg College for catering on
6.18the premises of Augsburg College campus, or for any portion of the premises as described
6.19in the approved license application. The license authorized by this subdivision may be
6.20issued for space that is not compact and contiguous, provided that all such space is within
6.21the boundaries of Augsburg College campus and is included in the description of the
6.22licensed premises on the approved license application. The license authorizes sales on
6.23all days of the week to persons attending events at the college. All other provisions of
6.24Minnesota Statutes, chapter 340A, not inconsistent with this section apply to the license
6.25authorized under this section.
6.26EFFECTIVE DATE.This section is effective upon approval by the Minneapolis
6.27City Council in the manner provided by Minnesota Statutes, section 645.021,
6.28notwithstanding Minnesota Statutes, section 645.023, subdivision 1, paragraph (a).
Sec. 12. GRAND MARAIS; ON-SALE.
6.30Notwithstanding any law, local ordinance, or charter provision to the contrary, the
6.31city of Grand Marais may issue an on-sale intoxicating liquor license, or an on-sale wine
6.32license and an on-sale malt liquor license, to Holland Motel, Inc. d/b/a the Best Western
6.33Superior Inn and Suites located at 104 First Avenue East, Grand Marais, and an additional
6.34on-sale intoxicating liquor license, or on-sale wine and on-sale malt liquor license to East
7.1Bay Hospitality, LLC; d/b/a East Bay Suites located at 21 Wisconsin Street, Grand Marais.
7.2The license may authorize sales only to persons who are registered guests at the lodging
7.3establishment, their invitees, or persons attending a conference, meeting, or other event at
7.4the lodging establishment. The license may authorize sales on all days of the week.
7.5EFFECTIVE DATE.This section is effective the day after final enactment.