| 1 | 1 | | 1.1 A bill for an act |
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| 2 | 2 | | 1.2 relating to liquor; repealing the sale of 3.2 beer; authorizing the issuance of malt |
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| 3 | 3 | | 1.3 liquor license to retailers currently licensed to sell 3.2 beer; repealing Minnesota |
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| 4 | 4 | | 1.4 Statutes 2024, sections 340A.101, subdivision 19; 340A.403; 340A.408, subdivision |
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| 5 | 5 | | 1.5 1; 340A.411; 340A.412, subdivision 6; 340A.504, subdivision 1. |
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| 6 | 6 | | 1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: |
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| 7 | 7 | | 1.7 Section 1. EXISTING 3.2 PERCENT MALT LIQUOR LICENSES. |
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| 8 | 8 | | 1.8 (a) Notwithstanding any law to the contrary, by the effective date of this section, the |
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| 9 | 9 | | 1.9governing body of a city or county shall issue to a person that is currently licensed under |
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| 10 | 10 | | 1.10Minnesota Statutes, section 340A.403, subdivision 1, for the off-sale of 3.2 percent malt |
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| 11 | 11 | | 1.11liquor, a license for the off-sale of malt liquor not to exceed 5.5 percent alcohol by volume. |
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| 12 | 12 | | 1.12 (b) Notwithstanding any law to the contrary, by the effective date of this section, the |
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| 13 | 13 | | 1.13governing body of a city or county shall issue to a person that is currently licensed under |
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| 14 | 14 | | 1.14Minnesota Statutes, section 340A.403, subdivision 1, for the on-sale of 3.2 percent malt |
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| 15 | 15 | | 1.15liquor, a license for the on-sale of malt liquor not to exceed 5.5 percent alcohol by volume. |
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| 16 | 16 | | 1.16 (c) All other provisions of Minnesota Statutes, chapter 340A, not inconsistent with this |
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| 17 | 17 | | 1.17section, apply to the issuance of a license under this section. |
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| 18 | 18 | | 1.18 EFFECTIVE DATE.This section is effective ........ |
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| 19 | 19 | | 1.19 Sec. 2. REVISOR INSTRUCTION. |
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| 20 | 20 | | 1.20 The revisor of statutes, in consultation with the house research department and senate |
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| 21 | 21 | | 1.21counsel, research, and fiscal analysis, shall submit to the chairs of the house of representatives |
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| 22 | 22 | | 1.22and senate committees with jurisdiction over intoxicating liquor, for consideration in the |
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| 23 | 23 | | 1Sec. 2. |
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| 24 | 24 | | REVISOR JSK/HL 25-0086312/09/24 |
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| 25 | 25 | | State of Minnesota |
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| 26 | 26 | | This Document can be made available |
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| 27 | 27 | | in alternative formats upon request |
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| 28 | 28 | | HOUSE OF REPRESENTATIVES |
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| 29 | 29 | | H. F. No. 80 |
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| 30 | 30 | | NINETY-FOURTH SESSION |
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| 31 | 31 | | Authored by Bliss01/22/2025 |
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| 32 | 32 | | The bill was read for the first time and referred to the Committee on Commerce Finance and Policy 2.12026 regular session of the legislature, a technical bill removing references to 3.2 percent |
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| 33 | 33 | | 2.2malt liquor in Minnesota Statutes. |
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| 34 | 34 | | 2.3 EFFECTIVE DATE.This section is effective the day following final enactment. |
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| 35 | 35 | | 2.4 Sec. 3. REPEALER. |
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| 36 | 36 | | 2.5 Minnesota Statutes 2024, sections 340A.101, subdivision 19; 340A.403; 340A.408, |
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| 37 | 37 | | 2.6subdivision 1; 340A.411; 340A.412, subdivision 6; and 340A.504, subdivision 1, are |
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| 38 | 38 | | 2.7repealed. |
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| 39 | 39 | | 2.8 EFFECTIVE DATE.This section is effective ........ |
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| 40 | 40 | | 2Sec. 3. |
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| 41 | 41 | | REVISOR JSK/HL 25-0086312/09/24 340A.101 DEFINITIONS. |
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| 42 | 42 | | Subd. 19.3.2 percent malt liquor."3.2 percent malt liquor" is malt liquor containing not less |
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| 43 | 43 | | than one-half of one percent alcohol by volume nor more than 3.2 percent alcohol by weight. |
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| 44 | 44 | | 340A.403 3.2 PERCENT MALT LIQUOR LICENSES. |
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| 45 | 45 | | Subdivision 1.Issuance by county or city.The governing body of a city or county may issue |
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| 46 | 46 | | off-sale or on-sale licenses for the sale of 3.2 percent malt liquor within their respective jurisdictions. |
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| 47 | 47 | | Subd. 2.Temporary licenses.(a) A club or charitable, religious, or nonprofit organization may |
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| 48 | 48 | | be issued a temporary on-sale license for the sale of 3.2 percent malt liquor. |
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| 49 | 49 | | (b) The temporary license may authorize the sale of 3.2 percent malt liquor in any school or |
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| 50 | 50 | | school buildings. |
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| 51 | 51 | | (c) Temporary licenses are subject to the terms set by the issuing county or city. |
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| 52 | 52 | | Subd. 3.Exemption.(a) Any person licensed to sell intoxicating liquor at on-sale shall not be |
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| 53 | 53 | | required to obtain an on-sale license under this section, and may sell nonintoxicating malt beverages |
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| 54 | 54 | | at on-sale without further license. |
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| 55 | 55 | | (b) Any person licensed to sell intoxicating liquor at off-sale shall not be required to obtain an |
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| 56 | 56 | | off-sale license under this section, and may sell nonintoxicating malt beverages at off-sale without |
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| 57 | 57 | | further license. |
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| 58 | 58 | | Subd. 4.Notice to commissioner.Within ten days of the issuance of a license under this section, |
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| 59 | 59 | | a municipality shall inform the commissioner, on a form the commissioner prescribes, of the |
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| 60 | 60 | | licensee's name and address and trade name, the effective date and expiration date of the license, |
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| 61 | 61 | | and any other information on the license the commissioner requires. |
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| 62 | 62 | | 340A.408 RETAIL LICENSE FEES. |
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| 63 | 63 | | Subdivision 1.3.2 percent malt liquor.(a) The license fee for an on-sale and off-sale 3.2 |
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| 64 | 64 | | percent malt liquor license is the fee set by the county or city issuing the license. |
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| 65 | 65 | | (b) One-half of the license fee received by a county for a retail license to sell 3.2 percent malt |
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| 66 | 66 | | liquor within any town in the county shall be paid to the town board where the business is located. |
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| 67 | 67 | | 340A.411 LICENSE RESTRICTIONS; 3.2 PERCENT MALT LIQUOR LICENSES. |
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| 68 | 68 | | Subdivision 1.On-sale licenses.On-sale 3.2 percent malt liquor licenses may only be issued |
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| 69 | 69 | | to drugstores, restaurants, hotels, clubs, bowling centers, golf courses, and establishments used |
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| 70 | 70 | | exclusively for the sale of 3.2 percent malt liquor with the incidental sale of tobacco and soft drinks. |
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| 71 | 71 | | Subd. 2.License duration.All retail 3.2 percent malt liquor licenses must be issued for one |
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| 72 | 72 | | year, except that for the purpose of coordinating the time of expiration of licenses in general, licenses |
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| 73 | 73 | | may be issued for a shorter time, in which case a pro rata license fee must be charged. |
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| 74 | 74 | | Subd. 3.Terminology.A political subdivision may not issue a 3.2 percent malt liquor license |
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| 75 | 75 | | that includes the term "nonintoxicating liquor." |
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| 76 | 76 | | 340A.412 LICENSE RESTRICTIONS; INTOXICATING LIQUOR LICENSES. |
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| 77 | 77 | | Subd. 6.Off-sale licenses where 3.2 percent malt liquor is sold.An off-sale intoxicating |
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| 78 | 78 | | liquor license may not be issued to a place where 3.2 percent malt liquor is sold for consumption |
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| 79 | 79 | | on the premises. This subdivision does not apply to those places where both an on-sale and off-sale |
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| 80 | 80 | | license or a combination license have been issued under section 340A.406. |
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| 81 | 81 | | 340A.504 HOURS AND DAYS OF SALE. |
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| 82 | 82 | | Subdivision 1.3.2 percent malt liquor.No sale of 3.2 percent malt liquor may be made between |
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| 83 | 83 | | 2:00 a.m. and 8:00 a.m. on the days of Monday through Saturday, nor between 2:00 a.m. and 10:00 |
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| 84 | 84 | | a.m. on Sunday. |
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| 85 | 85 | | 1R |
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| 86 | 86 | | APPENDIX |
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| 87 | 87 | | Repealed Minnesota Statutes: 25-00863 |
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