1.1    .................... moves to amend H. F. No. 305, the second committee engrossment,
1.2as follows:
1.3Page 6, after line 20, insert:
1.4    "Subd. 6. Border cities. (a) Smoking in bars and private clubs may be permitted,
1.5by action of the governing body of a border city, if the neighboring city in another state,
1.6with which the city in Minnesota has a contiguous border, permits smoking in bars and
1.7private clubs.
1.8    (b) For purposes of this section, a border city is an area that consists of a statutory
1.9or home rule charter city with a contiguous border with a city in another state or with a
1.10contiguous border with a city in Minnesota, which has a contiguous border with a city in
1.11another state.
1.12    (c) For the purposes of this section, a private club is an incorporated organization
1.13organized under the laws of the state for civic, fraternal, social, or business purposes;
1.14intellectual improvement; or promotion of sports or is a congressionally chartered
1.15veterans' organization that:
1.16    (1) has more than 25 members;
1.17    (2) has owned or rented a building or space in a building for more than one year that
1.18is suitable and adequate for the accommodation of its members;
1.19    (3) is directed by a board of directors, executive committee, or other similar body
1.20chosen by the members at a meeting held for that purpose. No member, officer, agent,
1.21or employee shall receive any profit from the distribution or sale of beverages to the
1.22members of the club or their guests beyond a reasonable salary or wage fixed and voted
1.23upon each year by the governing body;
1.24    (4) does not restrict its membership on the basis of race, color, creed, religion, or
1.25national origin; and
1.26    (5) was not established to avoid compliance with sections 144.414 to 144.417.
2.1    (d) This provision applies only to bars that have an on-sale intoxicating liquor
2.2license, an on-sale nonintoxicating malt liquor license, an on-sale 3.2 percent malt liquor
2.3license, a wine license, or a strong beer liquor license; and
2.4    (1) the bar's sales of beer, nonintoxicating malt liquor, 3.2 percent malt liquor, wine,
2.5and intoxicating liquor are demonstrated for an existing licensee to be, or for an initial
2.6licensee projected to be, more than 50 percent of the total net sales of food and beverages,
2.7after taxes, that are served in the establishment. For the purposes of this section, "sales"
2.8are the sales reported to the Department of Revenue from the most recent calendar year; or
2.9    (2) the bar: (i) is separated from the restaurant on all sides by continuous
2.10floor-to-ceiling walls, which are interrupted only by closable doors that are continuously
2.11closed, except when a person is actively entering or exiting the bar;
2.12    (ii) has ventilation systems that are totally separated from the restaurant, with the bar
2.13maintaining a negative air pressure in relation to the adjacent restaurant;
2.14    (iii) does not permit entrance or employment of minors at any time notwithstanding
2.15section 340A.503, subdivision 4, paragraph (b); and
2.16    (iv) has a food or beverage license, which is separate from the restaurant, issued by
2.17the appropriate licensing agency."