1.1.................... moves to amend H.F. No. 3186 as follows:
1.2Delete everything after the enacting clause and insert:
1.3 "Section 1. Minnesota Statutes 2008, section 37.21, is amended to read:
1.437.21 SALE OF LIQUORS.
1.5 Subdivision 1.
Liquor prohibited. Except as provided
under Laws 2003, chapter
1.6126, section 29, as amended by Laws 2005, chapter 25, section 6 in subdivision 2, no
1.7person may sell, barter, give away, or otherwise dispose of or introduce, have, or keep for
1.8barter, gift, or sale, any intoxicating liquors of any kind upon the State Fairgrounds, or
1.9aid and abet any of those acts. The presence and possession of any kind of these liquors,
1.10in any quantity, upon the person or upon the premises leased or occupied by any person
1.11within these limits is a public nuisance and is prima facie evidence of the purpose of the
1.12person to barter, give away, or sell the liquor. Any person who violates this section is
1.13guilty of a misdemeanor.
1.14 Subd. 2.
Exceptions. Notwithstanding subdivision 1, The following exceptions
1.15apply: (a) The State Agricultural Society may
authorize issue, under terms and conditions
1.16it chooses,
licenses for the sale, possession, and consumption of intoxicating liquors at
1.17special events taking place on the fairgrounds at times other than during the annual fair
1.18including, but not limited to, family reunions, class reunions, weddings, conventions, and
1.19similar events.
This section does not authorize the society to issue retail licenses for the
1.20sale of alcoholic beverages. Notwithstanding subdivision 1, (b) The State Agricultural
1.21Society may
also authorize issue, under terms and conditions it chooses, consistent
1.22with state law,
licenses for the sale, possession, and consumption of intoxicating malt
1.23liquors during the annual fair or at other times of their choosing, provided that at least
1.24one Minnesota brewed malt liquor is made available for sale at each allowed location
1.25within the grounds.
(c) The State Agricultural Society may issue a license for the sale
1.26and consumption of wine to a holder of a state fair concession's contract with the State
2.1Agricultural Society which authorizes the licensee to sell Minnesota-produced wine by
2.2the glass at the state fair in connection with the sale of food by the concessionaire. For
2.3the purposes of this subdivision, "Minnesota-produced wine" means wine produced
2.4by a farm winery licensed under section 340A.315 and made from at least 75 percent
2.5Minnesota-grown grapes, grape juice, other fruit bases, other juices, and honey.
2.6EFFECTIVE DATE.This section is effective the day following final enactment.
2.7 Sec. 2. Minnesota Statutes 2008, section 340A.404, subdivision 2, is amended to read:
2.8 Subd. 2.
Special provision; city of Minneapolis. (a) The city of Minneapolis may
2.9issue an on-sale intoxicating liquor license to the Guthrie Theater, the Cricket Theatre, the
2.10Orpheum Theatre, the State Theatre, and the Historic Pantages Theatre, notwithstanding
2.11the limitations of law, or local ordinance, or charter provision relating to zoning or school
2.12or church distances. The licenses authorize sales on all days of the week to holders
2.13of tickets for performances presented by the theaters and to members of the nonprofit
2.14corporations holding the licenses and to their guests.
2.15(b) The city of Minneapolis may issue an intoxicating liquor license to 510
2.16Groveland Associates, a Minnesota cooperative, for use by a restaurant on the premises
2.17owned by 510 Groveland Associates, notwithstanding limitations of law, or local
2.18ordinance, or charter provision.
2.19(c) The city of Minneapolis may issue an on-sale intoxicating liquor license to
2.20Zuhrah Shrine Temple for use on the premises owned by Zuhrah Shrine Temple at 2540
2.21Park Avenue South in Minneapolis, and to the American Swedish Institute for use on
2.22the premises owned by the American Swedish Institute at 2600 Park Avenue South,
2.23notwithstanding limitations of law, or local ordinances, or charter provision relating to
2.24zoning or school or church distances.
2.25(d) The city of Minneapolis may issue an on-sale intoxicating liquor license to
2.26the American Association of University Women, Minneapolis branch, for use on the
2.27premises owned by the American Association of University Women, Minneapolis branch,
2.28at 2115 Stevens Avenue South in Minneapolis, notwithstanding limitations of law, or local
2.29ordinances, or charter provisions relating to zoning or school or church distances.
2.30(e) The city of Minneapolis may issue an on-sale wine license and an on-sale 3.2
2.31percent malt liquor license to a restaurant located at 5000 Penn Avenue South, and an
2.32on-sale wine license and an on-sale malt liquor license to a restaurant located at 1931
2.33Nicollet Avenue South, notwithstanding any law or local ordinance or charter provision.
2.34(f) The city of Minneapolis may issue an on-sale wine license and an on-sale malt
2.35liquor license to the Brave New Workshop Theatre located at 3001 Hennepin Avenue
3.1South, the Theatre de la Jeune Lune, the Illusion Theatre located at 528 Hennepin Avenue
3.2South, the Hollywood Theatre located at 2815 Johnson Street Northeast, the Loring
3.3Playhouse located at 1633 Hennepin Avenue South, the Jungle Theater located at 2951
3.4Lyndale Avenue South, Brave New Institute located at 2605 Hennepin Avenue South,
3.5the Guthrie Lab located at 700 North First Street, and the Southern Theatre located at
3.61420 Washington Avenue South, notwithstanding any law or local ordinance or charter
3.7provision. The license authorizes sales on all days of the week.
3.8(g) The city of Minneapolis may issue an on-sale intoxicating liquor license to
3.9University Gateway Corporation, a Minnesota nonprofit corporation, for use by a
3.10restaurant or catering operator at the building owned and operated by the University
3.11Gateway Corporation on the University of Minnesota campus, notwithstanding limitations
3.12of law, or local ordinance or charter provision. The license authorizes sales on all days of
3.13the week.
3.14(h) The city of Minneapolis may issue an on-sale intoxicating liquor license to the
3.15Walker Art Center's concessionaire or operator, for a restaurant and catering operator
3.16on the premises of the Walker Art Center, notwithstanding limitations of law, or local
3.17ordinance or charter provisions. The license authorizes sales on all days of the week.
3.18(i) The city of Minneapolis may issue an on-sale intoxicating liquor license to the
3.19Guthrie Theater's concessionaire or operator for a restaurant and catering operator on the
3.20premises of the Guthrie Theater, notwithstanding limitations of law, local ordinance, or
3.21charter provisions. The license authorizes sales on all days of the week.
3.22(j) The city of Minneapolis may issue an on-sale wine license and an on-sale malt
3.23liquor license to the Minnesota Book and Literary Arts Building, Inc.'s concessionaire or
3.24operator for a restaurant and catering operator on the premises of the Minnesota Book and
3.25Literary Arts Building, Inc. (dba Open Book), notwithstanding limitations of law, or local
3.26ordinance or charter provision. The license authorizes sales on all days of the week.
3.27(k) The city of Minneapolis may issue an on-sale intoxicating liquor license to a
3.28restaurant located at 5411 Penn Avenue South, notwithstanding any law or local ordinance
3.29or charter provision.
3.30(l) The city of Minneapolis may issue an on-sale intoxicating liquor license to the
3.31Museum of Russian Art's concessionaire or operator for a restaurant and catering operator
3.32on the premises of the Museum of Russian Art located at 5500 Stevens Avenue South,
3.33notwithstanding any law or local ordinance or charter provision.
3.34EFFECTIVE DATE.This section is effective upon approval by the Minneapolis
3.35City Council in the manner provided by Minnesota Statutes, section 645.021, subdivisions
3.362 and 3.
4.1 Sec. 3. Minnesota Statutes 2008, section 340A.404, subdivision 5, is amended to read:
4.2 Subd. 5.
Wine licenses. (a) A municipality may issue an on-sale wine license with
4.3the approval of the commissioner to a restaurant having facilities for seating at least 25
4.4guests at one time. A wine license permits the sale of wine of up to 14 percent alcohol by
4.5volume for consumption with the sale of food. A wine license authorizes the sale of wine
4.6on all days of the week unless the issuing authority restricts the license's authorization to
4.7the sale of wine on all days except Sundays.
4.8(b) The governing body of a municipality may by ordinance authorize a holder of
4.9an on-sale wine license issued pursuant to paragraph (a) who is also licensed to sell 3.2
4.10percent malt liquors at on-sale pursuant to section
340A.411, and whose gross receipts
4.11are at least 60 percent attributable to the sale of food, to sell intoxicating malt liquors
4.12at on-sale without an additional license.
4.13(c) A municipality may issue an on-sale wine license with the approval of the
4.14commissioner to a licensed bed and breakfast facility. A license under this paragraph
4.15authorizes a bed and breakfast facility to furnish wine only to registered guests of the
4.16facility and, if the facility contains a licensed commercial kitchen, also to guests attending
4.17private events at the facility.
4.18(d) The State Agricultural Society may issue an on-sale wine license to the holder of
4.19a state fair concession contract pursuant to section 37.21, subdivision 2.
4.20EFFECTIVE DATE.This section is effective the day following final enactment.
4.21 Sec. 4. Minnesota Statutes 2008, section 340A.409, subdivision 1, is amended to read:
4.22 Subdivision 1.
Insurance required. No retail license may be issued, maintained or
4.23renewed unless the applicant demonstrates proof of financial responsibility with regard
4.24to liability imposed by section
340A.801. The issuing authority must submit to the
4.25commissioner the applicant's proof of financial responsibility. This subdivision does not
4.26prohibit a local unit of government from requiring higher insurance or bond coverages, or
4.27a larger deposit of cash or securities. The minimum requirement for proof of financial
4.28responsibility may be given by filing:
4.29(1) a certificate that there is in effect for the license period an insurance policy
4.30issued by an insurer required to be licensed under section
60A.07, subdivision 4, or by
4.31an insurer recognized as an eligible surplus lines carrier pursuant to section
60A.206 or
4.32pool providing at least $50,000 of coverage because of bodily injury to any one person in
4.33any one occurrence, $100,000 because of bodily injury to two or more persons in any one
4.34occurrence, $10,000 because of injury to or destruction of property of others in any one
4.35occurrence, $50,000 for loss of means of support of any one person in any one occurrence,
5.1and $100,000 for loss of means of support of two or more persons in any one occurrence
5.2$50,000 for other pecuniary loss of any one person in any one occurrence, and $100,000
5.3for other pecuniary loss of two or more persons in any one occurrence;
5.4(2) a bond of a surety company with minimum coverages as provided in clause (1); or
5.5(3) a certificate of the commissioner of management and budget that the licensee
5.6has deposited with the commissioner of management and budget $100,000 in cash or
5.7securities which may legally be purchased by savings banks or for trust funds having a
5.8market value of $100,000.
5.9This subdivision does not prohibit an insurer from providing the coverage required
5.10by this subdivision in combination with other insurance coverage.
5.11An annual aggregate policy limit for dram shop insurance of not less than $300,000
5.12per policy year may be included in the policy provisions.
5.13A liability insurance policy required by this section must provide that it may not be
5.14canceled for:
5.15(1) any cause, except for nonpayment of premium, by either the insured or the
5.16insurer unless the canceling party has first given 30 days' notice in writing to the issuing
5.17authority of intent to cancel the policy; and
5.18(2) nonpayment of premium unless the canceling party has first given ten days'
5.19notice in writing to the issuing authority of intent to cancel the policy.
5.20All insurance policies which provide coverage with regard to any liability imposed
5.21by section 340A.801 must contain at least the minimum coverage required by this section.
5.22EFFECTIVE DATE.This section is effective the day following final enactment.
5.23 Sec. 5. Minnesota Statutes 2008, section 340A.409, subdivision 4, is amended to read:
5.24 Subd. 4.
Insurance not required. Subdivision 1 does not apply to licensees who
5.25by affidavit establish that:
5.26(1) they are on-sale 3.2 percent malt liquor licensees with sales of less than $25,000
5.27of 3.2 percent malt liquor for the preceding year;
5.28(2) they are off-sale 3.2 percent malt liquor licensees with sales of less than $50,000
5.29of 3.2 percent malt liquor for the preceding year;
5.30(3) they are holders of on-sale wine licenses with sales of less than $25,000 for
5.31wine for the preceding year;
or
5.32(4) they are holders of temporary wine licenses issued under law
; or
5.33(5) they are wholesalers who donate wine to an organization for a wine tasting
5.34conducted under section 340A.418 or 340A.419.
6.1EFFECTIVE DATE.This section is effective the day following final enactment.
6.2 Sec. 6. Minnesota Statutes 2008, section 340A.419, as amended by Laws 2009, chapter
6.3120, section 12, is amended to read:
6.4340A.419 WINE TASTINGS CONDUCTED BY EXCLUSIVE LIQUOR
6.5STORE.
6.6 Subdivision 1.
Definition. For purposes of this section, a "
wine tasting" is an event
6.7of not more than four hours' duration at which persons pay a fee to participate and are
6.8allowed to consume wine
, malt liquor, or spirits by the glass without paying a separate
6.9charge for each glass.
6.10 Subd. 2.
Tastings. (a) Notwithstanding any other law, an exclusive liquor store may
6.11conduct a wine
, malt liquor, or spirits tasting on the premises of a holder of an on-sale
6.12intoxicating liquor license that is not a temporary license or on the premises of a holder
6.13of a wine license under section
340A.404, subdivision 5, if the exclusive liquor store
6.14complies with this section.
6.15(b) No wine
at a wine tasting , malt liquor, or spirits authorized for use under this
6.16section may be sold for off-premises consumption. A participant in the tasting may fill out
6.17a form indicating preferences for wine
, malt liquor, or spirits. The form may be held on
6.18the premises of the exclusive liquor store to assist the participant in making an off-sale
6.19purchase at a later date.
6.20(c) Notwithstanding any other law, an exclusive liquor store may purchase or
6.21otherwise obtain wine
or spirits for a
wine tasting conducted under this section from
6.22a wholesaler licensed to sell wine
or spirits. The wholesaler may sell or give wine
or
6.23spirits to an exclusive liquor store for a
wine tasting conducted under this section and may
6.24provide personnel to assist in the
wine tasting.
6.25(d) An exclusive liquor store that conducts a
wine tasting under this section must use
6.26any fees collected from participants in the tasting only to defray the cost of conducting
6.27the tasting.
6.28 (e) Notwithstanding section
340A.409, subdivision 4, the premises on which a wine
6.29tasting is conducted must be insured as required by section
340A.409, subdivision 1.
6.30 Subd. 3. Malt liquor tastings. An exclusive liquor store conducting a malt liquor
6.31tasting under this section must also comply with the requirements of section 340A.510,
6.32subdivision 2.
6.33EFFECTIVE DATE.This section is effective the day following final enactment.
7.1 Sec. 7. Minnesota Statutes 2008, section 461.12, subdivision 1, is amended to read:
7.2 Subdivision 1.
Authorization. A town board or the governing body of a home rule
7.3charter or statutory city may license and regulate the retail sale of tobacco as defined
7.4in section
609.685, subdivision 1, and establish a license fee for sales to recover the
7.5estimated cost of enforcing this chapter. The county board shall license and regulate the
7.6sale of tobacco in unorganized territory of the county
except on the State Fairgrounds and
7.7in a town or a home rule charter or statutory city if the town or city does not license and
7.8regulate retail tobacco sales.
The State Agricultural Society shall license and regulate
7.9the sale of tobacco on the State Fairgrounds. Retail establishments licensed by a town
7.10or city to sell tobacco are not required to obtain a second license for the same location
7.11under the licensing ordinance of the county.
7.12EFFECTIVE DATE.This section is effective the day following final enactment.
7.13 Sec. 8. Laws 2009, chapter 120, section 16, is amended to read:
7.14 Sec. 16.
CITY OF MINNEAPOLIS; LIQUOR LICENSE.
7.15Notwithstanding any law, ordinance, or charter provision to the contrary, the city of
7.16Minneapolis may issue an
on-sale intoxicating liquor license to an establishment located
7.17at 2124 Como Avenue Southeast.
7.18EFFECTIVE DATE.This section is effective on the effective date of Laws 2009,
7.19chapter 120, section 16.
7.20 Sec. 9.
UNIVERSITY OF ST. THOMAS; ON-SALE LICENSE.
7.21Notwithstanding any other law, local ordinance, or charter provision, the city of
7.22St. Paul and the city of Minneapolis may issue on-sale intoxicating liquor licenses to
7.23University of St. Thomas, or to an entity holding a caterer's permit and a contract with
7.24University of St. Thomas, for catering on the premises of the University of St. Thomas
7.25campus or campuses, or for any portion of the premises as described in the approved
7.26license application. The licenses authorized by this section may be issued for space that is
7.27not compact and contiguous, provided that all the space is within the boundaries of the
7.28University of St. Thomas campus or campuses and is included in the description of the
7.29licensed premises on the approved license application. The licenses authorize sales on
7.30all days of the week to persons attending events at the college. All other provisions of
7.31Minnesota Statutes, chapter 340A, not inconsistent with this section, apply to the licenses
7.32authorized under this section.
8.1EFFECTIVE DATE.This section is effective upon approval by the appropriate city
8.2councils, in the manner provided by Minnesota Statutes, section 645.021, subdivisions
8.32 and 3.
8.4 Sec. 10.
BEMIDJI REGIONAL CENTER; ON-SALE LICENSE.
8.5Notwithstanding any other law, local ordinance, or charter provision to the contrary,
8.6the city of Bemidji may issue an on-sale intoxicating liquor license, or an on-sale wine and
8.7malt liquor license to the Bemidji Regional Event Center. Any license authorized by this
8.8section may be issued for space that is not compact and contiguous, provided that all the
8.9space is within the boundaries of the Bemidji Regional Event Center and is included in
8.10the description of the licensed premises on the approved license application. A license
8.11issued under this paragraph authorizes sales on all days of the week to persons attending
8.12activities or events at the event center. All other provisions of Minnesota Statutes, chapter
8.13340A, not inconsistent with this section, apply to the license authorized under this section.
8.14EFFECTIVE DATE.This section is effective the day following final enactment.
8.15 Sec. 11.
EXEMPTION; BEMIDJI STATE UNIVERSITY.
8.16Notwithstanding Minnesota Statutes 340A.410, subdivision 10, paragraph (b),
8.17Bemidji State University may be issued temporary liquor licenses for events at the
8.18University authorized under Section 340A.412, subdivision 4, paragraph (7)(iv), on an
8.19as needed basis, provided that the combination of temporary licenses issued not exceed
8.2012 events or a total of 12 days within a 12-month period.
8.21EFFECTIVE DATE.This section is effective the day following final enactment."
8.22Amend the title accordingly