HomeMy WebLinkAbout10A - 2am Liquor Sales Ordinanc
MEETING DATE:
AGENDA #:
PREPARED BY:
AGENDA ITEM:
DISCUSSION:
ISSUES:
CITY COUNCIL AGENDA REPORT
July 7, 2003 @
10A
Frank Boyles, City Manager
CONSIDER APPROVAL OF AN ORDINANCE AMENDING THE PRIOR LAKE
CITY CODE REGULATING HOURS FOR ON-SALE LIQUOR SALES, AND A
REQUEST FROM CAPTAIN JACK'S TO AUTHORIZE ON-SALE LIQUOR
HOURS UNTIL 2AM.
History: Prior Lake City Code Section 301 regulates the sale of on-sale liquor.
The hours for sale of on-sale liquor are established in the ordinance by
referencing State Statutes 340A which regulates such matters state-wide. Before
July 1st, the hours for liquor sales are 8am to 1am, Monday through Saturday,
and noon to 1 am on Sundays.
Current Circumstances: The legislature adopted new hours for the sale of on-sale
liquor. The new hours allow sales from 8am to 2am, Monday through Saturday,
and noon to 2am on Sundays. For an on-sale establishments to remain open
pursuant to the new 2am provision, two things must happen:
· The liquor licensee must apply to the state for a 2am extension and
pay a fee of $200 to $600 dependent upon sales volume.
· The City as part of the license application must confirm that the
license has been approved at an official meeting of the local
governing body and/or the City approves the sale of alcoholic
beverages until 2am.
Conclusion: Captain Jack's has submitted an application to a 2am on-sale
license, and Hooligans has inquired about the extension as well. The Council
could take one of three actions:
1. Approve the license request. Such action would allow Captain Jack's to sell
until 2am seven days a week. In the future, other Prior Lake businesses that
have a liquor license may seek a state extension pursuant to theprocess
described above.
2. Amend the City Code to retain the present hours for on-sale liquor sales.
3. Amend the City Code to allow 2am sales on Friday and Saturday nights and
the nights before holidays for some or all liquor licensees.
The Council could treat on-sale establishments differently based upon their
location. I believe that this approach could lead to problems between vendors,
complicate enforcement efforts and confuse the public.
Any change in the on-sale liquor hours will have an impact upon the Police
Department. According to Chief O'Rourke, the 2am closing could necessitate
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245
1:\COUNCIL\AGNRPTS\2003\2AM LIQUOR SAbI!fStI).OOPPORTUNITY EMPLOYER
ALTERNATIVES: (1)
RECOMMENDED
MOTION:
modest additional overtime as our current schedule is more geared for 1 am
closing. He believes that the key impact of the 2am closing will be to delay police
activity for one hour, meaning that activities now occurring between 1 am and 2am
will occur between 2am and 3am. Volume and response times are not expected
to change dramatically.
Few resident complaints are received regarding noise associated with 1 am
closing. Those that are received are typically associated with larger volume
weekends and holidays. We do not expect the 2am closing to dramatically
increase such activity.
Each year on-sale vendors within the City conduct a total of four to six outdoor
events. City Code restricts these events to no later than midnight. The extension
of on-sale hours will allow patrons of such events to remain in the establishment
until 2am which will delay by one hour any impact their leaving has on the
surrounding neighborhood.
The Council may also wish to consider competition between Prior Lake
businesses and those of neighboring cities. Shakopee has already taken action to
allow 2am sales seven days a week. Savage is still considering the matter, but is
not likely to act until they receive requests.
The Council may wish to consider a "reasonable person" approach and consider
2am closing for Friday and Saturday nights and the evening before certain
holidays. This approach is beneficial to the business owners, continues to protect
residents during the traditional work week and entails less impact on the Police
Department than extending the closing hours seven days a week.
The City staff will be meeting with the neighborhood surrounding Captain Jack's
on July 12th to discuss outdoor events, but I expect that the 2am question will also
be discussed.
(2)
(3)
Take no action which will automatically extend on-sale hours to 2am
seven days a week.
Adopt an ordinance retaining 1 am closing seven days a week.
Adopt an ordinance authorizing 2am closing on Friday night, Saturday
night and holiday eves.
Alternative 3. Assuming the Council believes it has sufficient information, this
alternative seems to best balance the interests of businesses, residents and the
Police Department. The staff can continue to monitor this change and report back
if problems arise which merit additional ordinance amendments.
1:\COUNCIL\AGNRPTS\2003\2AM LIQUOR SALES.DOC
CITY OF PRIOR LAKE
ORDINANCE NO. 03. XX
AN ORDINANCE AMENDING SECTION 301 OF THE PRIOR LAKE CITY CODE REGULATING ON.
SALE LIQUOR SALES
The City Council of the City of Prior Lake does hereby ordain that:
1. Section 301-301 (3) of the Prior Lake City Code is hereby amended as follows:
301.301
(3)
No sale of intoxicating liquor for consumption on the licensed premises many be
made:
· between one o'clock a.m. (1am) and eight o'clock am (Bam) on the
days Monday through Friday.
· between two o'clock a.m. (2am) and eight o'clock am (Bam) on
Saturday and Sunday.
· between two o'clock a.m. (2am) and eight o'clock am (8am) on New
Year's Day, Memorial Day, Independence Day, Labor Day,
Thanksgiving, and Christmas.
This ordinance shall become effective from and after its passage and publication.
Passed by the City Council of the City of Prior Lake this 7th day of July, 2003.
ATTEST:
City Manager
Mayor
Drafted By:
City of Prior Lake
16200 Eagle Creek Avenue
Prior Lake, MN 55372
r:\ordinanc\2am liquor sales.doc PAGE I
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
JUN-26-2003 THU 11:03 AM IVEX MORTGAGE
!vuUJ 11;:>\1Lo'1 uC}JiJJ UUCl1l 01 ruuu~ '::>W.CL)'
FAX NO, 9522264877
P. 02/04
Minnesota Department of Pub tic Safety (form 901\-
2AM)
ALCOHOL AND GAMBLING ENFORCEMENT DIVISION (AGED)
444 Cedar Street, Suite 133, St. Paul, MN 55101-5133
Telephone 651-296-6979 Fax 651-297-5259 TTY 651-282-6555
CERTIFICATION OF LIQUOR LICENSE OR APPLICATION FOR OPTIONAL 2 A.M. CLOSING LICENSE
Llccn1le~s: Effective July 1,2003, complete this form to apply for optional 2 A.M. closing license and make check
payable to AGED for he amount indicated below Wlder 2 A.M. Section.
Note: New Intoxicating Liquor Licensees must also purchase a $20 buyers card before establishments will be approved
by AGED to receive liquor shipm<..'1'l.ts from wholesalers. Make check payable to: AGED
Citie! and/or Counties: You are required to submit this signed form to certify the issuance of all city issued on sale
intoxicating liquor and/ or Sunday liquor licenses, and 3.2% malt liquor licenses. City/County must also sign this form
for 2 A.M. closing license applicants.
Name of City or County Issuing License i';!..t~ LAJL€..
License tYlJe: (check all that apply) On Sale Intoxicating 0 3.2% Malt Beveragc:U Sunday Liquoro 2 A.M. Oplion9i
(On ~le l.iCl!'IUe fee S _J (3.2% Licel"llC Fee S..__) (Sundoy License Fee S
New License 0 License Transfer 0 ._. SuspcnsionIRevocationlCanccl 0
(Fom\~ ucel\S4'C Na."e) (Give: Doltes)
Licensee Name: t>OCK..S,(.:)c. I LLC,.. DOB ~_ Social Security #
lcc.rponuion. partllCMir. (Le. or Individu:ll)
Cf\PTA\N .3f(:~'s
Trade Name ON Pp.,uo... ~~ Business Address 3l(~ C-r<,^ \-\\-s "'irL City P~Ic)el.. Lat<e.
Zip Code _ S$~"')2. County $(.;> * Home Address Po &.~ $\3 P/-li\Jr..... 1.<<(( ;...m~ S~37.L
Business Phoneqs2-L{~~-2~~3:...Home Phone Licensee's 'M1f Tax ID .s 3JIo g\l$"""
(To IIpply for numI>c:o' called 6S 1-296-611')
Iflicensee is a corporation, partnership, or LLC, complete the following for each partner/officer:
C h . L _ ( ~q~ fttlr\4,-^ &~! \11.;\
_ (( $.1'.'PIv! P Ro~e'f- tj-'1-t! 41'i- qt3 .l.Nl., fkldL- lat4-, /?l.v SS3iL-
PonMrlOm~N~ (rirst Middle LIISl) COB Sociul Sccuril)'lI AdcI~
P~i.t" lil,
,'{ C(2.~ W)~t';j.b"7...~JL~,v ~;!
^ddn::;oi 7"
~"'SoA'
7~ C,., ;SIAL fJj (<0/ (",!l(t!.-) rh.J ~
~i eI~('\Cr -:J Vevov?rf
I'llllner/O/Ticcr Nunc (f-irg, M'1dciie LlI~t)
~ .I&-~
0013
l.\ 1 \ -1~ - (,.I{?~
S~illl S~(;"ril)'H
S~eue... 'f L deN o/~L(-fo2.. 411-c'fD...7bSl.
PannerJOlTieer Name . (First i"d~ Ld) 008 Social SccurityH Addlll'll'i
>t <5Ce.. tHt"',.l....JI s~uf ~ f\COi ''''n..(,. U...:J/v~1 I'
JJ!.(!V(~~.&inE .lMIQllif:!~~..II'lAS~_ltD.dt~_c;.!.r.tifi.ea.~...Q[!JQ.1JQr.. LiabjJ'~lniu.ou!..~..mJbi$ .form, .(D~s nol u pply
if only applying for Optional 2 AM license) The Insurance Certilicate must contain aU of the (allowing;
1. Show the exact Licensee name (corporation. partnership, LLC etc.) and business address as shown on the liccns~.
2. Cover completely the license period set by the city/county 3S shown on the license.
DYes Cl No During the past yeat has a swnmOnS been issued to the licensee under the Civil Liquor Liability Law.
Worke~ Compe.Dsanolllnson'nce is also required by aU lice.sees: PleII$e complete tbe following:
Workers Compensllbon rnsurande Co. Name _ _ Policy # , -
Li~~I1~~B.'''PIlJYJ.!u~JQr_Qptill~..U...~M~~I~..De.M.~,~...~omplde..d1l..!Jll~gs~P$,~
I. fill out the above application completely and check 2 AM box above for license type.
2. Report your previous 12 months on sate alcoholic beverage gross receipts by checking one ofthe following:
http://www.dps.state.mn.us/alcgamb/2%20am%20application.htm. 6/16/03
JUN-26-2003 THU 11:03 AM IVEX MORTGAGE
. Mmnesota uepartment 01 Yubbc ~a.lety
FAX NO. 9522264877
p, 03/04
LJ Up to $100,000 in on sale gross receipts for alcoholic beverages - $200 2 AM license fee
Ii( Over S100,OOO but not over $500.000 in on sale gross receipts for alcoholic beverages - $SOO 2 AM license fee
DOver $500,000 in on sale gross receipts for alcoholic beverages - $600 2 AM license fee
[) 3.2 % Malt Liquor licensees or Set Up License Holders - $200 2 AM liceJ* fee
CJ Did not sell intoxicating liquor for a full 12 months prior to this application - $200 2 AM liceD8e fee
3. Does your liquor liCI.'1l!lC issuing c.:ity/cty/township allow the sale of alcoholic beverages until 2 AM?12' Yes DNa
4. Make check payable to: Alcohol and Gambling Enforcement Division (AGED) for the amount indicated above that
you have checked. Mail check and this completed and signed cet'tification/application form to the address above.
I cc-rtif)1 that this license(s) has been approved. in an official mecting by the governing body of the city/county and/or the
city/county approves the $:lIe ofalcohtllic beverages until 2 AM.
Date
Date (P - lB--D.3
~n:cflhe .hove qWlgions lMhfully and cocrettly.)
psQOII-2blfl 7/2003
l~-I Alcohol Enforcement Page
Return to Alcohol & Gambling Enforcement
http://www.dps.state.:mn.u...htlcgamb/2O/020am%20application.htm
6/16/03
JUN-26-2003 THU 11:03 AM IVEX MORTGAGE
FAX NO, 9522264877
p, 04/04
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House Research Act Summary
Page 1 of3
House Research Act Summary
CHAPTER:
126
SESSION:
2003 Regular Session
TOPIC:
Omnibus liquor bill
Analyst: John Williams, 651-296-5045
Date: June 9, 2003
This publication can be made available in alternative formats upon request. Please call 651-296-6753
(voice); or the Minnesota State Relay Service at 1-800-627-3529 (TTY) for assistance. Summaries are
also available on our website at: www.house.1eg.state.mn.us/hrd/hrd.htm.
Section
1
2
3
4
5
6
7
Overview
This act moves from 1 :00 a.m. to 2:00 a.m. the hour after which on-sales of
alcoholic beverages may not be made. It also exempts most on-sale licenses from
the statutory limits on the number of on-sale intoxicating liquor licenses a city
may issue, but also allows named cities to issue additional licenses. It allows
brewpubs (restaurants that brew beer on the premises) to sell their products at off-
sale in 64-ounce containers. It allows on-sale licenses at the Elko speedway, the
St. Louis county heritage and arts center in Duluth, and the Minnesota centennial
showboat in St. Paul, and allows sale of Minnesota-produced wine at the State
Fair.
(Note: In this act the effective date of the change in hours for alcohol sale and consumption was
set at August 1, 2003. A subsequent act in the 2003 special session changed that effective date to
July 1, 2003, and required establishments wanting to sell or allow consumption of alcohol between
1 :00 a.m. and 2:00 a.m. to obtain a permit from the state. See Laws 2003, fIrst special session,
chapter 19.)
Definition of "theater." Defines "theater" as a building with an auditorium in which live
dramatic, musical, dance, or literary performances are regularly presented to ticket holders.
Brewpubs. Amends the law authorizing brewpubs (restaurants that brew beer on the
premises) by (1) requiring that they produce only beer made with Minnesota-produced wor
and (2) allowing them to sell their products at off-sale.
Brewpubs; off-sale. Allows brewpubs to be issued off-sale licenses by municipalities.
Limits off-sales by brewpubs to beer brewed on the premises and sold in 64-ounce
containers known as "growlers." Limits off-sales to the same hours that apply to liquor
stores. Requires containers of beer sold at off-sale by brewpubs to be sealed at the time of
sale and the containers labeled to identify the brewer. Limits off-sales by brewpubs to not
more than one-half their total production in a year, up to a maximum of 500 barrels.
Prohibited transactions. Provides that the prohibition against brewers or beer wholesaler
giving anything of value to a retailer is subject to exceptions in the law.
Price posting. Allows liquor wholesaler prices filed with the department of public safety
to be posted on the Monday following receipt, rather than the day following receipt..
Licenses for theaters. Allows cities to issue on-sale intoxicating liquor, wine, or beer
licenses to a theater within the city, authorizing sales to person attending events at the
theater.
Minneapolis licenses. Authorizes Minneapolis to issue intoxicating liquor licenses to the
Historic Pantages Theatre and the American Swedish Institute. Authorizes Minneapolis to
http://www.house.leg.state.mn.uslhrd/as/83/as 126.html
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1
House Research Act Summary
Page 2 of3
10
issue winelbeer licenses to the Jungle Theater, the Guthrie Lab, and the Southern Theatre.
Golf courses, 3.2 licenses. Allows 3.2 beer on-sale licenses to be issued to golf courses.
City license limits. Provides that statutory limits on the number of on-sale intoxicating
liquor licenses that a city may issue do not apply to licenses issued to hotels, restaurants,
and bowling center.
On-sale 3.2 beer hours of sale. Extends from I :00 a.m. to 2:00 a.m. the hour after which
on-sales of 3.2 beer may not be made
On-sale intoxicating liquor hours of sale. Extends from 1 :00 a.m. to 2:00 a.m. the hour
after which on-sales of intoxicating liquor may not be made.
On-sale intoxicating liquor hours of sale, Sundays. Extends from 1 :00 a.m. to 2:00 a.m.
on Monday morning the hour after which on-sales of intoxicating liquor may not be made
with a Sunday liquor license.
Samples of intoxicating liquor. Amends the law allowing samples of alcoholic beverage~
to be dispensed in off-sale establishments, to (1) allow samples at on-sale as well as off-sal
establishments, (2) exclude beer (covered in section below), and (3) allow a manufacturer (
wholesaler to provide the samples on the retail premises.
Beer samplings. Allows samplings of beer at on-sale as well as off-sale establishments.
Allows the beer to be furnished by brewers. Provides that advance reports of sampling to
the department of public safety include the maximum amount of beer to be provided, rathel
than the exact amount.
Bottle sizes. Allows bottles of 50 milliliters (approximately 1. 7 ounces) of intoxicating
liquor to be sold by golf courses and common carriers.
Blaine licenses. Authorizes Blaine to issue 15 on-sale intoxicating liquor licenses in
addition to the number authorized by law.
Duluth license; museum. Authorizes Duluth to issue an on-sale intoxicating liquor
license to the St. Louis County Heritage and Arts Center.
Hastings licenses. Authorizes Hastings to issue 3 on-sale intoxicating liquor licenses in
addition to the number authorized by law.
Maple Grove licenses. Authorizes Maple Grove to issue 12 on-sale intoxicating liquor
licenses in addition to the number authorized by law.
St. Joseph licenses. Allows S1. Joseph to issue 3 on-sale intoxicating liquor licenses in
addition to the number authorized by law.
St. Michael licenses. Authorizes St. Michael to issue 5 on-sale intoxicating liquor license
in addition to the number authorized by law.
Sartelllicenses. Authorizes Sartell to issue 5 on-sale intoxicating liquor licenses in
addition to the number authorized by law.
Stillwater licenses. Allows Stillwater to issue 2 on-sale intoxicating liquor licenses in
addition to the number authorized by law.
Thief River Falls licenses. Allows Thief River Falls to issue one on-sale intoxicating
liquor license in addition to the number authorized by law.
Waconia licenses. Authorizes Waconia to issue 3 on-sale intoxicating liquor licenses in
addition to the number authorized by law.
Woodbury licenses. Authorizes Woodbury to issue 12 on-sale intoxicating liquor license~
in addition to the number authorized by law.
St. Paul license; Minnesota Centennial Showboat. Authorizes S1. Paul to issue an on-
sale intoxicating liquor license for the Minnesota Centennial Showboat.
Elko Speedway license. Authorizes Elko to issue an on-sale intoxicating liquor license to
the Elko Speedway notwithstanding statutory requirements that a licensed premises be
compact and contiguous, as long as the premises are within the fenced grandstand area.
State fair wine licenses. Allows St. Paul to issue on-sale wine licenses to concessionaires
at the state fair for sale of Minnesota-produced wine in connection with the sale of food.
8
9
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
http://www.house.1eg.state.mn.us/hrd/as/83/as 1 26.html
6/26/03
House Research Act Summary
Page 3 of3
30 Effective date. Makes all sections except those extending on-sale hours of sale effective
immediately. Under existing law the hours of sale changes take effect August 1,2003.
http://www.house.1eg.state.mn.uslhrd/as/83/ as 126.html
6/26/03
T
Minnesota Session Laws 2003, Chapter 126
Minnesota Session Laws
Minnesota Session Laws - 2003
Key: ltll1~1:lB.~G t5 he deletea...new language Change language enhancement display.
Legislative history and Authors
CHAPTER 126-H.F.No. 719
An act relating to liquor; allowing brewpubs to make
off-sales of the brewpub's own product under certain
circumstances; modifying a posting requirement;
modifying licensing provisions; expanding sale hours;
modifying sampling provisions; authorizing certain
local on-sale licenses; amending Minnesota Statutes
2002, sections 340A.101, by adding a subdivision;
340A.301, subdivisions 6, 7; 340A.308; 340A.318,
subdivision 3; 340A.404, subdivisions 1, 2; 340A.411,
subdivision 1; 340A.413, subdivision 4; 340A.504,
subdivisions 1, 2, 3; 340A.510, subdivisions 1, 2;
340A.511.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. Minnesota Statutes 2002, section 340A.101, is
amended by adding a subdivision to read:
Subd. 27a. [THEATER.] "Theater" means a buildinq
containing an auditorium in which live dramatic, musical, dance,
or literary performances are regularly presented to holders of
tickets for those performances.
Sec. 2. Minnesota Statutes 2002, section 340A.301,
subdivision 6, is amended to read:
Subd. 6. [FEES.] The annual fees for licenses under this
section are as follows:
(a) Manufacturers (except as provided
in clauses (b) and (c))
Duplicates
(b) Manufacturers of wines of not more
than 25 percent alcohol by volume
(c) Brewers other than those described
in clauses (d) and (i)
(d) Brewers who also hold one or more
retail on-sale licenses and who
manufacture fewer than 3,500 barrels
of malt liquor in a year, at anyone
licensed premises, using only wort produced
in Minnesota, the entire
production of which is solely
for consumption on tap on the
licensed premises or for off-sale
from that licensed premises.
A brewer licensed
under this clause must obtain a separate
license for each licensed premises where
the brewer brews malt liquor. A brewer
licensed under this clause may not be
licensed as an importer under this chapter $ 500
$15,000
$ 3,000
$
500
$ 2,500
http://www.revisor.leg.state.mn.us/slawsI2003/c 126.html
Page 1 of 10
6/26/03
Minnesota Session Laws 2003, Chapter 126
(e) Wholesalers (except as provided in
clauses (f), (g), and (h))
Duplicates
(f) Wholesalers of wines of not more
than 25 percent alcohol by volume
(g) Wholesalers of intoxicating
malt liquor
Duplicates
(h) Wholesalers of 3.2 percent
mal t liquor
(i) Brewers who manufacture fewer than
2,000 barrels of malt liquor in a year $ 150
If a business licensed under this section is destroyed, or
damaged to the extent that it cannot be carried on, or if it
ceases because of the death or illness of the licensee, the
commissioner may refund the license fee for the balance of the
license period to the licensee or to the licensee's estate.
Sec. 3. Minnesota Statutes 2002, section 340A.301,
subdivision 7, is amended to read:
Subd. 7. [INTEREST IN OTHER BUSINESS.] (a) Except as
provided in this subdivision, a holder of a license as a
manufacturer, brewer, importer, or wholesaler may not have any
ownership, in whole or in part, in a business holding a retail
intoxicating liquor or 3.2 percent malt liquor license. The
commissioner may not issue a license under this section to a
manufacturer, brewer, importer, or wholesaler if a retailer of
intoxicating liquor has a direct or indirect interest in the
manufacturer, brewer, importer, or wholesaler. A manufacturer
or wholesaler of intoxicating liquor may use or have property
rented for retail intoxicating liquor sales only if the
manufacturer or wholesaler has owned the property continuously
since November I, 1933. A retailer of intoxicating liquor may
not use or have property rented for the manufacture or
wholesaling of intoxicating liquor.
(b) A brewer licensed under subdivision 6, clause (d), may
be issued an on-sale intoxicating liquor or 3.2 percent malt
liquor license by a municipality for a restaurant operated in
the place of manufacture. H:<llt li~l.H~r },u;g"ga :g~. lill1tKlR :<l litKl9RlilgQ
1R:il~' R",t :g6il rglR",HQa fr"'lR tR6il litKlQRlilQQ @rQlRililQlil 'lRl6illillil tR6il lR:alt
li~""'r ilil QRtQl::9'iil iR :<l t:<lliltiR:J tKlg~Qtiti"'R "RQrg R"'Rg ..,f tRg
lR:illt li~1.l"'r lil'" rglR"'H~a ilil lil",l'iil Notwithstanding section 340A.405,
a brewer who holds an on-sale license issued pursuant to this
paragraph may, with the approval of the commissioner, be issued
a license by a municipality for off-sale of malt liquor produced
and packaged on the licensed premises. Off-sale of malt liquor
shall be limited to the legal hours for off-sale at exclusive
liquor stores in the jurisdiction in which the brewer is
located, and the malt liquor sold off-sale must be removed from
the premises before the applicable off-sale closing time at
exclusive liquor stores. The malt liquor shall be packaged in
64-ounce containers commonly known as "growlers." The
containers shall bear a twist type closure, cork, stopper, or
plug. At the time of the sale, a paper or plastic adhesive
band, strip, or sleeve shall be applied to the container and
extend over the top of the twist type closure, cork, stopper, or
plug forming a seal that must be broken upon opening of the
container. The adhesive band, strip, or sleeve shall bear the
name and address of the brewer. The containers shall be
identified as malt liquor, contain the name of the malt liquor,
bear the name and address of the brewer selling the malt liquor,
$15,000
$ 3,000
$ 2,000
$
$
600
25
$
10
http://www.revisor.leg.state.Inn.us/slaws/2003/ c 126.html
Page 2 of 10
6/26/03
Minnesota Session Laws 2003, Chapter 126
and shall be considered intoxicating liquor unless the alcoholic
content is labeled as otherwise in accordance with the
provisions of Minnesota Rules, part 7515.1100. A brewer's total
retail sales at on- or off-sale under this paraqraph may not
exceed 3,500 barrels per year, provided that off-sales may not
total more than 50 percent of the brewer's production or 500
barrels, whichever is less. A brewer licensed under subdivision
6, clause (d), may hold or have an interest in other retail
on-sale licenses, but may not have an ownership interest in
whole or in part, or be an officer, director, agent, or employee
of, any other manufacturer, brewer, importer, or wholesaler, or
be an affiliate thereof whether the affiliation is corporate or
by management, direction, or control. Notwithstanding this
prohibition, a brewer licensed under subdivision 6, clause (d),
may be an affiliate or subsidiary company of a brewer licensed
in Minnesota or elsewhere if that brewer's only manufacture of
malt liquor is:
(i) manufacture licensed under subdivision 6, clause (d);
(ii) manufacture in another state for consumption
exclusively in a restaurant located in the place of manufacture;
or
(iii) manufacture in another state for consumption
primarily in a restaurant located in or immediately adjacent to
the place of manufacture if the brewer was licensed under
subdivision 6, clause (d), on January 1, 1995.
(c) Except as provided in subdivision 7a, no brewer as
defined in subdivision 7a or importer may have any interest, in
whole or in part, directly or indirectly, in the license,
business, assets, or corporate stock of a licensed malt liquor
wholesaler.
Sec. 4. Minnesota Statutes 2002, section 340A.308, is
amended to read:
340A.308 [PROHIBITED TRANSACTIONS.]
(a) Except as otherwise provided in section 340A.301, no
brewer or malt liquor wholesaler may directly or indirectly, or
through an affiliate or subsidiary company, or through an
officer, director, stockholder, or partner:
(1) give, or lend money, credit, or other thing of value to
a retailer;
(2) give, lend, lease, or sell furnishing or equipment to a
retailer;
(3) have an interest in a retail license; or
(4) be bound for the repayment of a loan to a retailer.
(b) No retailer may solicit any equipment, fixture,
supplies, money, or other thing of value from a brewer or malt
liquor wholesaler if furnishing of these items by the brewer or
wholesaler is prohibited by law and the retailer knew or had
reason to know that the furnishing is prohibited by law.
(c) This section does not prohibit a manufacturer or
wholesaler from:
(1) furnishing, lending, or renting to a retailer outside
signs, of a cost of up to $400 excluding installation and repair
costs;
(2) furnishing, lending, or renting to a retailer inside
signs and other promotional material, of a cost of up to $300 in
a year;
(3) furnishing to or maintaining for a retailer equipment
for dispensing malt liquor, including tap trailers, cold plates
and other dispensing equipment, of a cost of up to $100 per tap
in a year;
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(4) using or renting property owned continually since
November 1, 1933, for the purpose of selling intoxicating or 3.2
percent malt liquor at retail;
(5) extending customary commercial credit to a retailer in
connection with a sale of nonalcoholic beverages only, or
engaging in cooperative advertising agreements with a retailer
in connection with the sale of nonalcoholic beverages only; or
(6) in the case of a wholesaler, with the prior written
consent of the commissioner, selling beer on consignment to a
holder of a temporary license under section 340A.403,
subdivision 2, or 340A.404, subdivision 10.
Sec. 5. Minnesota Statutes 2002, section 340A.318,
subdivision 3, is amended to read:
Subd. 3. [POSTING; NOTICE.] Verified lists or statements
required by subdivision 2 shall be posted by the commissioner in
offices of the department in places available for public
inspection not later than the ~ Monday following receipt.
Documents posted shall constitute notice to every distiller,
manufacturer, or wholesaler of the information posted. Actual
notice, however received, also constitutes notice.
Sec. 6. Minnesota Statutes 2002, section 340A.404,
subdivision I, 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:
(1) hotels;
(2) restaurants;
(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; and
(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.
Sec. 7. Minnesota Statutes 2002, section 340A.404,
subdivision 2, is amended to read:
Subd. 2. [SPECIAL PROVISION; CITY OF MINNEAPOLIS.] (a) The
city of Minneapolis may issue an on-sale intoxicating liquor
license to the Guthrie Theater, the Cricket Theatre, the Orpheum
Theatre, ~ the State Theatre, and the Historic Pantages
Theatre, notwithstanding the limitations of law, or local
ordinance, or charter provision relating to zoning or school or
church distances. The licenses authorize sales on all days of
the week to holders of tickets for performances presented by the
theaters and to members of the nonprofit corporations holding
the licenses and to their guests.
(b) The city of Minneapolis may issue an intoxicating
liquor license to 510 Groveland Associates, a Minnesota
cooperative, for use by a restaurant on the premises owned by
510 Groveland Associates, notwithstanding limitations of law, or
local ordinance, or charter provision.
(c) The city of Minneapolis may issue an on-sale
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intoxicating liquor license to Zuhrah Shrine Temple for use on
the premises owned by Zuhrah Shrine Temple at 2540 Park Avenue
South in Minneapolis, and to the American Swedish Institute for
use on the premises owned by the American Swedish Institute at
2600 Park Avenue South, notwithstanding limitations of law, or
local ordinances, or charter provision relating to zoning or
school or church distances.
(d) The city of Minneapolis may issue an on-sale
intoxicating liquor license to the American Association of
University Women, Minneapolis branch, for use on the premises
owned by the American Association of University Women,
Minneapolis branch, at 2115 Stevens Avenue South in Minneapolis,
notwithstanding limitations of law, or local ordinances, or
charter provisions relating to zoning or school or church
distances.
(e) The city of Minneapolis may issue an on-sale wine
license and an on-sale 3.2 percent malt liquor license to a
restaurant located at 5000 Penn Avenue South, and an on-sale
wine license and an on-sale malt liquor license to a restaurant
located at 1931 Nicollet Avenue South, notwithstanding any law
or local ordinance or charter provision.
(f) The city of Minneapolis may issue an on-sale wine
license and an on-sale malt liquor license to the Brave New
Workshop Theatre located at 3001 Hennepin Avenue South, the
Theatre de la Jeune Lune, the Illusion Theatre located at 528
Hennepin Avenue South, the Hollywood Theatre located at 2815
Johnson Street Northeast, the Loring Playhouse located at 1633
Hennepin Avenue South, ~ the Jungle Theater located at 2951
Lyndale Avenue South, Brave New Institute located at 2605
Hennepin Avenue South, the Guthrie Lab located at 700 North
First Street, and the Southern Theatre located at 1420
Washington Avenue South, notwithstanding any law or local
ordinance or charter provision. The license authorizes sales on
all days of the week.
(g) The city of Minneapolis may issue an on-sale
intoxicating liquor license to University Gateway Corporation, a
Minnesota nonprofit corporation, for use by a restaurant or
catering operator at the building owned and operated by the
University Gateway Corporation on the University of Minnesota
campus, notwithstanding limitations of law, or local ordinance
or charter provision. The license authorizes sales on all days
of the week.
Sec. 8. Minnesota Statutes 2002, section 340A.411,
subdivision 1, is amended to read:
subdivision 1. [ON-SALE LICENSES.] On-sale 3.2 percent
malt liquor licenses may only be issued to drugstores,
restaurants, hotels, clubs, bowling centers, golf courses, and
establishments used exclusively for the sale of 3.2 percent malt
liquor with the incidental sale of tobacco and soft drinks.
Sec. 9. Minnesota Statutes 2002, section 340A.413,
subdivision 4, is amended to read:
Subd. 4. [EXCLUSIONS FROM LICENSE LIMITS.] On-sale
intoxicating liquor licenses may be issued to the following
entities by a city, in addition to the number authorized by this
section:
(1) clubs, or congressionally chartered veterans
organizations;
(2) restaurants lQ~2ltg~ At 2l r2l~gtrA~k li~~nl.ii1g~ 'lRggr
~RAptgr :HQ;
(3) establishments that are issued licenses to sell wine
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under section 340A.404, subdivision 5; ~
(4) theaters that are issued licenses under section
340A. 404. Ii01.l.};oH,'li"i"ioR J1-
(5) hotelsi and
(6) bowling centers.
Sec. 10. Minnesota Statutes 2002, section 340A.504,
subdivision 1, is amended to read:
Subdivision 1. [3.2 PERCENT MALT LIQUOR.] No sale of 3.2
percent malt liquor may be made between ~ 2:00 a.m. and 8:00
a.m. on the days of Monday through Saturday, nor between ~
2:00 a.m. and 12:00 noon on Sunday, provided that an
establishment located on land owned by the metropolitan sports
commission, or the sports arena for which one or more licenses
have been issued under section 340A.404, subdivision 2,
paragraph (c), may sell 3.2 percent malt liquor between 10:00
a.m. and 12:00 noon on a Sunday on which a sports or other event
is scheduled to begin at that location on or before 1:00 p.m. of
that day.
Sec. 11. Minnesota Statutes 2002, section 340A.504,
subdivision 2, is amended to read:
Subd. 2. [INTOXICATING LIQUORi ON-SALE.] No sale of
intoxicating liquor for consumption on the licensed premises may
be made:
(1) between ~ 2:00 a.m. and 8:00 a.m. on the days of
Monday through SaturdaYi
(2) after ~ 2:00 a.m. on Sundays, except as provided by
subdivision 3.
Sec. 12. Minnesota Statutes 2002, section 340A.504,
subdivision 3, is amended to read:
Subd. 3. [INTOXICATING LIQUORi SUNDAY SALESi ON-SALE.] (a)
A restaurant, club, bowling center, or hotel with a seating
capacity for at least 30 persons and which holds an on-sale
intoxicating liquor license may sell intoxicating liquor for
consumption on the premises in conjunction with the sale of food
between the hours of 12:00 noon on Sundays and ~ 2:00 a.m. on
Mondays.
(b) The governing body of a municipality may after one
public hearing by ordinance permit a restaurant, hotel, bowling
center, or club to sell alcoholic beverages for consumption on
the premises in conjunction with the sale of food between the
hours of 10:00 a.m. on Sundays and ~ 2:00 a.m. on Mondays,
provided that the licensee is in conformance with the Minnesota
Clean Air Act.
(c) An establishment serving intoxicating liquor on Sundays
must obtain a Sunday license. The license must be issued by the
governing body of the municipality for a period of one year, and
the fee for the license may not exceed $200.
(d) A city may issue a Sunday intoxicating liquor license
only if authorized to do so by the voters of the city voting on
the question at a general or special election. A county may
issue a Sunday intoxicating liquor license in a town only if
authorized to do so by the voters of the town as provided in
paragraph (e). A county may issue a Sunday intoxicating liquor
license in unorganized territory only if authorized to do so by
the voters of the election precinct that contains the licensed
premises, voting on the question at a general or special
election.
(e) An election conducted in a town on the question of the
issuance by the county of Sunday sales licenses to
establishments located in the town must be held on the day of
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the annual election of town officers.
(f) Voter approval is not required for licenses issued by
the metropolitan airports commission or common carrier licenses
issued by the commissioner. Common carriers serving
intoxicating liquor on Sunday must obtain a Sunday license from
the commissioner at an annual fee of $50, plus $20 for each
duplicate.
Sec. 13. Minnesota Statutes 2002, section 340A.510,
subdivision 1, is amended to read:
Subdivision 1. [SAMPLES FOR OTHER THAN MALT LIQUOR
AUTHORIZED.] On- or off-sale lig~Rggg retail licensees and
municipal liquor stores may provide, or permit a licensed
manufacturer or a wholesaler or its agents to provide on the
premises of the retail licensee or municipal liquor store,
samples of m:alt li~'H~r, wine, liqueurs, cordials, and distilled
spirits which the retail licensee or municipal liquor store
currently has in stock and is offering for sale to the general
public without obtaining an additional license, provided the
wine, liqueur, cordial, and distilled spirits samples are
dispensed at no charge and consumed on the licensed premises
during the permitted hours of gff gAlg sale in a quantity less
than 1QQ millilitgrlil gf malt li'!ygr pgr ..:;trigty pgr gYliltgmgr, 50
milliliters of wine per variety per customer, 25 milliliters of
liqueur or cordial, and 15 milliliters of distilled spirits per
variety per customer.
Sec. 14. Minnesota Statutes 2002, section 340A.510,
subdivision 2, is amended to read:
Subd. 2. [MALT LIQUOR ~T~I~W~Q ~QR ~~MP~IN~ SAMPLES
AUTHORIZED.] (a) Notwithstanding section 340A.308, "itg rglilp~gt
gRl", tg lil:;tmp1iR3 Autggriliiga 'lRagr lilulo1ai'.ililigR 1, a brewer may
purchase from or furnish at no cost to :aR gff g:alg a licensed
retailer malt liquor the brewer manufactures if:
(1) the malt liquor is dispensed by the retailer only for
tAgtiRgg Autggriliiga ~Ragr lilulo1ai"igiQR 1 samples in a quantity of
less than 100 milliliters of malt liquor per variety per
customer;
(2) where the brewer furnishes the malt liquor, the
retailer makes available for return to the brewer any unused
malt liquor and empty containers;
(3) the samples are dispensed by an employee of the
retailer or brewer or by a sampling service retained by the
retailer or brewer and not affiliated directly or indirectly
with a malt liquor wholesaler;
(4) tgg lo1rg"'~r f'lrRigggg not more than three cases of malt
liquor are purchased from or furnished to the retailer by the
brewer for each sampling;
(5) each sampling continues for not more than eight hours;
(6) the brewer has furnished malt liquor for not more than
five samplings for any retailer in any calendar year;
(7) where the brewer furnishes the malt liquor, the brewer
delivers the malt liquor for the sampling to its exclusive
wholesaler for that malt liquor;
(8) the brewer has at least seven days before the sampling
filed with the commissioner, on a form the commissioner
prescribes, written notice of intent to furnish malt liquor for
the sampling, which contains (i) the name and address of the
retailer conducting the sampling, (ii) the maximum amount of
malt liquor ~ to be furnished or purchased by the brewer,
(iii) the number of times the brewer has furnished malt liquor
to the retailer in the calendar year in which the notice is
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filed, (iv) the date and time of the sampling, (v) where the
brewer furnishes the malt liquor, the exclusive wholesaler to
whom the brewer will deliver the malt liquor, and (vi) a
statement by the brewer to the effect that to the brewer's
knowledge all requirements of this section have been or will be
complied with; and
(9) the commissioner has not notified the brewer filing the
notice under clause (8) that the commissioner disapproves the
notice.
(b) For purposes of this subdivision, "licensed retailer"
means a licensed on-sale or off-sale retailer of alcoholic
beverages and a municipal liquor store tR~t ggllg At gff gAlg.
Sec. 15. Minnesota Statutes 2002, section 340A.511, is
amended to read:
340A.511 [CERTAIN SIZES MAY BE SOLD.]
~ An off-sale retailer of intoxicating liquor may sell
distilled spirits in bottles of 50 milliliters.
(b) An on-sale intoxicating liquor licensee whose licensed
premises includes a golf course or who is a common carrier may
dispense distilled spirits from 50-milliliter bottles.
Sec. 16. [CITY OF BLAINE; ON-SALE LICENSES.]
The city of Blaine may issue 15 on-sale intoxicating liquor
licenses in addition to the number authorized by law. All
provisions of Minnesota Statutes, chapter 340A, not inconsistent
with this section, apply to the licenses authorized by this
section.
Sec. 17. [CITY OF DULUTHj ON-SALE LICENSE.]
The city of Duluth may issue one on-sale intoxicating
liquor license in addition to the number authorized by law for
the St. Louis County Heritage and Arts Center, commonly known as
the Duluth Depot. All provisions of Minnesota Statutes, chapter
340A, not inconsistent with this section, apply to the license
authorized by this section.
Sec. 18. [CITY OF HASTINGS; ON-SALE LICENSES.]
The city of Hastings may issue three on-sale intoxicating
liquor licenses in addition to the number authorized by law.
All provisions of Minnesota Statutes, chapter 340A, not
inconsistent with this section, apply to the licenses authorized
by this section.
Sec. 19. [CITY OF MAPLE GROVEj ON-SALE LICENSES.]
The city of Maple Grove may issue 12 on-sale intoxicating
liquor licenses in addition to the number authorized by law.
All provisions of Minnesota Statutes, chapter 340A, not
inconsistent with this section, apply to the licenses authorized
under this section.
Sec. 20. [CITY OF ST. JOSEPHj ON-SALE LICENSES.]
The city of St. Joseph may issue three on-sale intoxicating
liquor licenses in addition to the number authorized by law.
All provisions of Minnesota Statutes, chapter 340A, not
inconsistent with this section, apply to the licenses authorized
by this section.
Sec. 21. [CITY OF ST. MICHAELj ON-SALE LICENSES.]
The city of St. Michael may issue five on-sale liquor
licenses in addition to the number authorized by law. All
provisions of Minnesota Statutes, chapter 340A, not inconsistent
with this section, apply to the licenses authorized under this
section.
Sec. 22. [CITY OF SARTELL; ON-SALE LICENSES.]
The city of Sartell may issue five on-sale intoxicating
liquor licenses in addition to the number authorized by law.
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All provisions of Minnesota Statutes, chapter 340A, not
inconsistent with this section, apply to the licenses authorized
by this section.
Sec. 23. [CITY OF STILLWATER; ON-SALE LICENSES.]
The city of Stillwater may issue two on-sale intoxicating
liquor licenses in addition to the number authorized by law.
All provisions of Minnesota Statutes, chapter 340A, not
inconsistent with this section, apply to the licenses authorized
under this section.
Sec. 24. [CITY OF THIEF RIVER FALLS; ON-SALE LICENSE.]
The city of Thief River Falls may issue one on-sale
intoxicatinq liquor license in addition to the number authorized
by law. All provisions of Minnesota Statutes, chapter 340A, not
inconsistent with this section apply to the licenses authorized
by this section.
Sec. 25. [CITY OF WACONIA; ON-SALE LICENSES.]
The city of waconia may issue three on-sale intoxicatinq
liquor licenses in addition to the number authorized by law.
All provisions of Minnesota Statutes, chapter 340A, not
inconsistent with this section, apply to the licenses authorized
under this section.
Sec. 26. [CITY OF WOODBURY; ON-SALE LICENSES.]
The city of Woodbury may issue 12 on-sale intoxicatinq
liquor licenses in addition to the number authorized by law.
All provisions of Minnesota Statutes, chapter 340A, not
inconsistent with this section, apply to the licenses authorized
by this section.
Sec. 27. [MINNESOTA CENTENNIAL SHOWBOAT.]
The city of St. Paul may issue an on-sale intoxicating
liquor license for the Minnesota Centennial Showboat, moored at
110 Yacht Club Road, Harriet Island, notwithstanding any law,
local ordinance, or charter provision. The license must be
issued to a holder of a river tour boat license under Minnesota
Statutes, section 340A.404, subdivision 8. The license
authorizes sales on all days of the week.
Sec. 28. [ELKO SPEEDWAY; ON-SALE LICENSE.]
Notwithstanding Minnesota Statutes, section 340A.404,
subdivision 1, the city of Elko may issue an on-sale
intoxicatinq liquor license to the Elko Speedway in addition to
the number authorized by law. The license may authorize sales
only to persons attendinq racinq events at the speedway. All
provisions of Minnesota Statutes, chapter 340A, not inconsistent
with this provision, apply to the license authorized under this
section. The license may be issued for a space that is not
compact and contiguous, provided that the licensed premises may
include only the space within the fenced grandstand area as
described in the approved license application.
Sec. 29. [WINE LICENSES; STATE FAIR.]
(a) Notwithstanding Minnesota Statutes, sections 37.21 and
340A.412, subdivision 4, paraqraph (a), clause (3), the city of
St. Paul may issue a license to the holder of a state fair
concessions contract with the state agricultural society which
authorizes the licensee to sell Minnesota-produced wine by the
glass at the state fair in connection with the sale of food by
the concessionaire. All provisions of Minnesota Statutes,
chapter 340A, not inconsistent herewith, apply to licenses
issued under this section.
(b) For purposes of this section "Minnesota-produced wine"
means wine produced by a farm winery licensed under Minnesota
Statutes, section 340A.315, and made from at least 75 percent
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Minnesota-grown grapes, grape juice, other fruit bases, other
juices, and honey.
Sec. 30. [EFFECTIVE DATE.]
Sections 1 to 9 and 13 to 29 are effective the day
following final enactment.
Presented to the governor May 24, 2003
Signed by the governor May 28, 2003, 1:39 p.m.
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