340A.101 DEFINITIONS.
    Subdivision 1. Terms. For purposes of this chapter the following terms have the meanings
given them.
    Subd. 2. Alcoholic beverage. "Alcoholic beverage" is any beverage containing more than
one-half of one percent alcohol by volume.
    Subd. 3. Affiliate or subsidiary company. "Affiliate or subsidiary company" is a company
in which a manufacturer or its stockholders own a majority of the stock.
    Subd. 4. Brewer. "Brewer" is a person who manufactures malt liquor for sale.
    Subd. 5. City. "City" is a home rule charter or statutory city unless otherwise specified.
    Subd. 6. Commissioner. "Commissioner" is the commissioner of public safety except as
otherwise provided.
    Subd. 7. Club. "Club" is an incorporated organization organized under the laws of the
state for civic, fraternal, social, or business purposes, for intellectual improvement, or for the
promotion of sports, or a congressionally chartered veterans' organization, which:
(1) has more than 30 members;
(2) has owned or rented a building or space in a building for more than one year that is
suitable and adequate for the accommodation of its members;
(3) is directed by a board of directors, executive committee, or other similar body chosen by
the members at a meeting held for that purpose. No member, officer, agent, or employee shall
receive any profit from the distribution or sale of beverages to the members of the club, or their
guests, beyond a reasonable salary or wages fixed and voted each year by the governing body.
    Subd. 8. Department. "Department" is the Department of Public Safety except as otherwise
provided.
    Subd. 9. Distilled spirits. "Distilled spirits" is ethyl alcohol, hydrated oxide of ethyl, spirits
of wine, whiskey, rum, brandy, gin, and other distilled spirits, including all dilutions and mixtures
thereof, for nonindustrial use.
    Subd. 10. Exclusive liquor store. "Exclusive liquor store" is an establishment used
exclusively for the sale of those items authorized in section 340A.412, subdivision 14.
    Subd. 11. Farm winery. "Farm winery" is a winery operated by the owner of a Minnesota
farm and producing table, sparkling, or fortified wines from grapes, grape juice, other fruit bases,
or honey with a majority of the ingredients grown or produced in Minnesota.
    Subd. 12. General food store. "General food store" is a business primarily engaged in
selling food and grocery supplies to the public for off-premise consumption.
    Subd. 12a. Home brewing equipment. "Home brewing equipment" means portable
equipment designed for use in home manufacturing of malt liquor in quantities of ten gallons or
less and supplies and ingredients for home manufacture of malt liquor.
    Subd. 13. Hotel. "Hotel" is an establishment where food and lodging are regularly furnished
to transients and which has:
(1) a dining room serving the general public at tables and having facilities for seating at least
30 guests at one time; and
(2) guest rooms in the following minimum numbers: in first class cities, 50; in second class
cities, 25; in all other cities and unincorporated areas, 10.
    Subd. 14. Intoxicating liquor. "Intoxicating liquor" is ethyl alcohol, distilled, fermented,
spirituous, vinous, and malt beverages containing more than 3.2 percent of alcohol by weight.
    Subd. 15. Licensed premises. "Licensed premises" is the premises described in the approved
license application, subject to the provisions of section 340A.410, subdivision 7. In the case of
a restaurant, club, or exclusive liquor store licensed for on-sales of alcoholic beverages and
located on a golf course, "licensed premises" means the entire golf course except for areas where
motor vehicles are regularly parked or operated.
    Subd. 15a. Low alcohol malt liquor. "Low alcohol malt liquor" is a fermented malt beverage
containing two percent or less of alcohol by weight. Notwithstanding any law or rule to the
contrary, if either; (a) the term "low alcohol" appears on the label of the beverage container; or
(b) a brewer has provided written certification to the Department of Public Safety establishing
an alcoholic content of two percent or less by weight; no further label shall be required on that
container.
    Subd. 15b. Liqueur-filled candy. "Liqueur-filled candy" is any confectionery containing
more than one-half of one percent alcohol by volume in liquid form that is intended for or capable
of beverage use.
    Subd. 16. Malt liquor. "Malt liquor" is any beer, ale, or other beverage made from malt by
fermentation and containing not less than one-half of one percent alcohol by volume.
    Subd. 17. Manufacturer. "Manufacturer" is a person who, by a process of manufacture,
fermenting, brewing, distilling, refining, rectifying, blending, or by the combination of different
materials, prepares or produces intoxicating liquor for sale.
    Subd. 18. Municipality. "Municipality" is a city, county or, for purposes of licensing under
section 340A.404, subdivision 7, the Metropolitan Airports Commission.
    Subd. 19. 3.2 percent malt liquor. "3.2 percent malt liquor" is malt liquor containing not
less than one-half of one percent alcohol by volume nor more than 3.2 percent alcohol by weight.
    Subd. 20. Off-sale. "Off-sale" is the sale of alcoholic beverages in original packages for
consumption off the licensed premises only.
    Subd. 21. On-sale. "On-sale" is the sale of alcoholic beverages for consumption on the
licensed premises only.
    Subd. 22. Package. "Package" is a sealed or corked container of alcoholic beverages.
    Subd. 23. Person. "Person" has the meaning given it in section 645.44, subdivision 7.
    Subd. 24. Population. "Population" is determined by the most recent federal decennial
census or a special census taken under law.
    Subd. 25. Restaurant. "Restaurant" is an establishment, other than a hotel, under the control
of a single proprietor or manager, where meals are regularly prepared on the premises and served
at tables to the general public, and having a minimum seating capacity for guests as prescribed
by the appropriate license issuing authority.
    Subd. 26. Retail. "Retail" is sale for consumption.
    Subd. 27. Table or sparkling wine. "Table or sparkling wine" is a beverage made without
rectification or fortification and containing not more than 25 percent of alcohol by volume and
made by the fermentation of grapes, grape juice, other fruits, or honey.
    Subd. 27a. Theater. "Theater" means a building containing an auditorium in which live
dramatic, musical, dance, or literary performances are regularly presented to holders of tickets for
those performances.
    Subd. 28. Wholesaler. "Wholesaler" is a person who sells alcoholic beverages to persons
to whom sale is permitted under section 340A.310, from a stock maintained in a warehouse in
the state.
    Subd. 29. Wine. "Wine" is the product made from the normal alcoholic fermentation of
grapes, including still wine, sparkling and carbonated wine, wine made from condensed grape
must, wine made from other agricultural products than sound, ripe grapes, imitation wine,
compounds sold as wine, vermouth, cider, perry and sake, in each instance containing not less
than one-half of one percent nor more than 24 percent alcohol by volume for nonindustrial use.
Wine does not include distilled spirits as defined in subdivision 9.
    Subd. 30. Fortified wine. "Fortified wine" is wine to which brandy, or neutral grape spirits,
has been added during or after fermentation resulting in a beverage containing not less than
one-half of one percent nor more than 24 percent alcohol by volume for nonindustrial use.
History: 1985 c 117 s 3; 1985 c 305 art 3 s 1; 1Sp1985 c 16 art 2 s 3 subd 1; 1987 c 152 art
1 s 1; 1987 c 381 s 2; 1988 c 443 s 1; 1990 c 554 s 2,3; 1991 c 249 s 31; 1992 c 486 s 5,6; 1993 c
350 s 4-6; 1994 c 611 s 6; 1995 c 198 s 1-3; 2000 c 440 s 2; 2003 c 126 s 1; 2006 c 210 s 1,2

340A.201 LIQUOR CONTROL AUTHORITY.
    Subdivision 1. 1976 successor. The commissioner of public safety is the successor to the
commissioner of liquor control with respect to the powers and duties vested in the latter as of
February 6, 1976, except for those powers and duties transferred to the commissioner of revenue.
Any proceeding, court action, prosecution, or other business undertaken or commenced as of
February 6, 1976, by the commissioner of liquor control is assigned to the commissioners of
public safety and revenue as appropriate and may be completed by them.
    Subd. 2. Delegation; 1996 consolidation; division director. Effective October 1, 1996, the
duties and powers vested previously in the commissioner of public safety and delegated to the
department's Division of Liquor Control are delegated and transferred to, and consolidated with,
the Division of Alcohol and Gambling Enforcement of the Department of Public Safety, under
the supervision of a director appointed by the commissioner and serving in the unclassified
service at the pleasure of the commissioner.
History: 1985 c 305 art 4 s 1; 1987 c 152 art 1 s 1; 1997 c 129 art 2 s 13

340A.301 MANUFACTURERS AND WHOLESALERS LICENSES.
    Subdivision 1. Licenses required. No person may directly or indirectly manufacture or sell
at wholesale intoxicating liquor, or 3.2 percent malt liquor without obtaining an appropriate
license from the commissioner, except where otherwise provided in this chapter. A manufacturer's
license includes the right to import. A licensed brewer may sell the brewer's products at
wholesale only if the brewer has been issued a wholesaler's license. The commissioner shall
issue a wholesaler's license to a brewer only if (1) the commissioner determines that the brewer
was selling the brewer's own products at wholesale in Minnesota on January 1, 1991, or (2) the
brewer has acquired a wholesaler's business or assets under subdivision 7a, paragraph (c) or (d).
A licensed wholesaler of intoxicating malt liquor may sell 3.2 percent malt liquor at wholesale
without an additional license.
    Subd. 2. Persons eligible. Licenses under this section may be issued only to a person who:
(1) is of good moral character and repute;
(2) is 21 years of age or older;
(3) has not had a license issued under this chapter revoked within five years of the date of
license application, or to any person who at the time of the violation owns any interest, whether as
a holder of more than five percent of the capital stock of a corporation licensee, as a partner or
otherwise, in the premises or in the business conducted thereon, or to a corporation, partnership,
association, enterprise, business, or firm in which any such person is in any manner interested; and
(4) has not been convicted within five years of the date of license application of a felony,
or of a willful violation of a federal or state law, or local ordinance governing the manufacture,
sale, distribution, or possession for sale or distribution of alcoholic beverages. The Alcohol and
Gambling Enforcement Division may require that fingerprints be taken and may forward the
fingerprints to the Federal Bureau of Investigation for purposes of a criminal history check.
    Subd. 3. Application. An application for a license under this section must be made to the
commissioner on a form the commissioner prescribes and must be accompanied by the fee
specified in subdivision 6. If an application is denied, $100 of the amount of any fee exceeding
that amount shall be retained by the commissioner to cover costs of investigation.
    Subd. 4. Bond. The commissioner may not issue a license under this section to a person who
has not filed a bond with corporate surety, or cash, or United States government bonds payable to
the state. The proof of financial responsibility must be approved by the commissioner before the
license is issued. The bond must be conditioned on the licensee obeying all laws governing the
business and paying when due all taxes, fees, penalties and other charges, and must provide that it
is forfeited to the state on a violation of law. Bonds must be in the following amounts:

		Manufacturers and wholesalers of intoxicating liquor except as provided in this subdivision		$ 10,000
		Manufacturers and wholesalers of wine up to 25 percent alcohol by weight		$ 5,000
		Manufacturers and wholesalers of beer of more than 3.2 percent alcohol by weight		$ 1,000

    Subd. 5. Period of license. Licenses issued under this section are valid for one year except
that to coordinate expiration dates initial licenses may be issued for a shorter period.
    Subd. 6. Fees. The annual fees for licenses under this section are as follows:

	(a)	Manufacturers (except as provided in clauses (b) and (c))	$	30,000
		Duplicates	$	3,000
	(b)	Manufacturers of wines of not more than 25 percent alcohol by volume	$	500
	(c)	Brewers who manufacture more than 3,500 barrels of malt liquor in a year	$	4,000
	(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 any one licensed premises, the entire production of which is solely for consumption on tap on any licensed premises owned by the brewer, or for off-sale from those licensed premises as permitted in subdivision 7. 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
	(e)	Wholesalers (except as provided in clauses (f), (g), and (h))	$	15,000
		Duplicates	$	3,000
	(f)	Wholesalers of wines of not more than 25 percent alcohol by volume	$	3,750
	(g)	Wholesalers of intoxicating malt liquor	$	1,000
		Duplicates	$	25
	(h)	Wholesalers of 3.2 percent malt liquor	$	10
	(i)	Brewers who manufacture fewer than 2,000 barrels of malt liquor in a year	$	150
	(j)	Brewers who manufacture 2,000 to 3,500 barrels of malt liquor in a year	$	500

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.
    Subd. 6a. Permits and fees. Any person engaged in the purchase, sale, or use for any
purpose other than personal consumption of intoxicating alcoholic beverages or ethyl alcohol
shall obtain the appropriate regulatory permit and identification card from the commissioner as
provided in this subdivision. The fee for each permit, other than one issued to a state or federal
agency, is $35 and must be submitted together with the appropriate application form provided by
the commissioner. Identification cards and permits must be issued for a period coinciding with
that of the appropriate state or municipal license and are not transferable. In instances where there
is no annual license period, cards and permits expire one year after the date of issuance. The
authority to engage in the purchase, sale, or use granted by the card or permit may be revoked by
the commissioner upon evidence of a violation by the holder of such a card or permit of any of the
provisions of chapter 340A or any rule of the commissioner made pursuant to law.
    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 1, 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. Notwithstanding section 340A.405, a brewer who holds an on-sale license issued
pursuant to this paragraph or a brewer who manufactures fewer than 3,500 barrels of malt liquor
in a year 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, 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 paragraph may not
exceed 3,500 barrels per year, provided that off-sales may not total more than 500 barrels. 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.
    Subd. 7a. Permitted interests in wholesale business. (a) A brewer may financially assist a
wholesaler of malt liquor through participation in a limited partnership in which the brewer is
the limited partner and the wholesaler is the general partner. A limited partnership authorized in
this paragraph may not exist for more than ten years from the date of its creation, and may not,
directly or indirectly, be recreated, renewed, or extended beyond that date.
(b) A brewer may financially assist a malt liquor wholesaler and collateralize the financing
by taking a security interest in the inventory and assets, other than the corporate stock, of the
wholesaler. A financial agreement authorized by this paragraph may not be in effect for more than
ten years from the date of its creation and may not be directly or indirectly extended or renewed.
(c) A brewer who, after creation of a financial agreement authorized by paragraph (b), or
after creation of a limited partnership authorized in paragraph (a), acquires legal or equitable title
to the wholesaler's business which was the subject of the agreement or limited partnership, or to
the business assets, must divest the business or its assets within two years of the date of acquiring
them. A malt liquor wholesaler whose business or assets are acquired by a brewer as described in
this paragraph may not enter into another such financial agreement, or participate in another such
limited partnership, for 20 years from the date of the acquisition of the business or assets.
(d) A brewer may have an interest in the business, assets, or corporate stock of a malt liquor
wholesaler as a result of (1) a judgment against the wholesaler arising out of a default by the
wholesaler or (2) acquisition of title to the business, assets, or corporate stock as a result of
a written request of the wholesaler. A brewer may maintain ownership of or an interest in the
business, assets, or corporate stock under this paragraph for not more than two years and only
for the purpose of facilitating an orderly transfer of the business to an owner not affiliated with
the brewer.
(e) A brewer may continue to maintain an ownership interest in a malt liquor wholesaler
if it owned the interest on January 1, 1991.
(f) A brewer that was legally selling the brewer's own products at wholesale in Minnesota
on January 1, 1991, may continue to sell those products at wholesale in the area where it was
selling those products on that date.
(g) A brewer that manufactures malt liquor in Minnesota may, if the brewer does not
manufacture in Minnesota in any year more than 25,000 barrels of malt liquor or its metric
equivalent, own or have an interest in a malt liquor wholesaler that sells only the brewer's products.
(h) When the commissioner issues a license to a malt liquor wholesaler described in
paragraph (a) or (b), the commissioner may issue the license only to the entity which is actually
operating the wholesale business and may not issue the license to a brewer that is a limited partner
under paragraph (a) or providing financial assistance under paragraph (b) unless the brewer has
acquired a wholesaler's business or assets under paragraph (c) or (d).
(i) For purposes of this subdivision and subdivision 7, clause (c), "brewer" means:
(1) a holder of a license to manufacture malt liquor;
(2) an officer, director, agent, or employee of such a license holder; and
(3) an affiliate of such a license holder, regardless of whether the affiliation is corporate or by
management, direction, or control.
    Subd. 8. Sales without license. A licensed brewer may without an additional license sell
malt liquor to employees or retired former employees, in amounts of not more than 768 fluid
ounces in a week for off-premise consumption only. A collector of commemorative bottles,
those terms are as defined in section 297G.01, subdivisions 4 and 5, may sell them to another
collector without a license. It is also lawful for a collector of beer cans to sell unopened cans of a
brand which has not been sold commercially for at least two years to another collector without
obtaining a license. The amount sold to any one collector in any one month shall not exceed 768
fluid ounces. A licensed manufacturer of wine containing not more than 25 percent alcohol by
volume nor less than 51 percent wine made from Minnesota-grown agricultural products may sell
at on-sale or off-sale wine made on the licensed premises without a further license.
    Subd. 9. Unlicensed manufacture. Nothing in this chapter requires a license for the natural
fermentation of fruit juices or brewing of beer in the home for family use.
    Subd. 10.[Repealed, 1995 c 198 s 17]
History: 1985 c 305 art 5 s 1; 1985 c 308 s 1; 1Sp1985 c 16 art 2 s 3 subd 1; 1986 c 330 s
4; 1987 c 152 art 1 s 1; 1987 c 249 s 1,2; 1990 c 554 s 4-6; 1991 c 249 s 1,31; 1992 c 513 art
3 s 53; 1993 c 350 s 7; 1994 c 611 s 7-9; 1995 c 198 s 4,5; 1996 c 418 s 1; 1997 c 179 art 2 s
2; 2002 c 321 s 5; 2003 c 126 s 2,3; 1Sp2003 c 2 art 4 s 23; 2005 c 25 s 1,2; 2005 c 131 s 1,2;
2005 c 136 art 8 s 12; 2006 c 210 s 3

340A.302 IMPORTERS.
    Subdivision 1. Licenses required. Except as provided in sections 297G.07, subdivision 2,
and 340A.301, subdivision 1, no retailer or other person may ship or cause to be shipped alcoholic
beverages or ethyl alcohol for personal use or to a licensed manufacturer or wholesaler without
obtaining an importer's license from the commissioner.
    Subd. 2. Terms; application. Importers' licenses must be applied for on a form the
commissioner prescribes. The form must contain, along with information the commissioner
requires, an agreement on the part of the applicant to obey all laws relating to the importation and
sale of intoxicating liquor.
    Subd. 3. Fees. Annual fees for licenses under this section, which must accompany the
application, are as follows:

		Importers of distilled spirits, wine, or ethyl alcohol	$	420
		Importers of malt liquor	$	1,600

If an application is denied, $100 of the fee shall be retained by the commissioner to cover
costs of investigation.
    Subd. 4.[Repealed, 1991 c 326 s 27]
History: 1985 c 305 art 5 s 2; 1987 c 152 art 1 s 1; 1987 c 310 s 2; 1992 c 513 art 3 s 54;
1993 c 350 s 8; 1997 c 179 art 2 s 3; 2005 c 136 art 8 s 13

340A.3021 IMPORTATION RESTRICTIONS.
    Subdivision 1. Delivery to wholesaler only. (a) No person may consign, ship, or deliver
alcoholic beverages to any place in Minnesota except to a licensed wholesaler's warehouse,
if the alcoholic beverages:
(1) were manufactured outside Minnesota; and
(2) have not previously been unloaded into a licensed wholesaler's warehouse in Minnesota.
(b) No person may ship or consign into Minnesota any alcoholic beverages manufactured
outside the state unless the alcoholic beverages are continuously in the possession of a motor
carrier of property as defined in section 221.011, subdivision 47, or a common carrier as defined
in section 218.011, subdivision 10, or are carried in a motor vehicle owned, leased, or rented by a
wholesaler licensed under this chapter, between the time the alcoholic beverages are introduced
into Minnesota and the time they are unloaded into a licensed wholesaler's warehouse.
    Subd. 2. Exceptions. Subdivision 1 does not apply to:
(1) alcoholic beverages passing through Minnesota in interstate commerce;
(2) alcoholic beverages imported into Minnesota by individuals for personal use in the
amounts permitted under section 297G.07, subdivision 2, or 340A.417; and
(3) a holder of a manufacturer's warehouse permit.
    Subd. 3. Conformity with federal and state regulations. No manufacturer, importer,
or wholesaler licensed under this chapter may introduce into Minnesota or sell in Minnesota
any bottle or other container containing alcoholic beverages unless the alcoholic beverages are
packaged, labeled, and sold in conformity with all applicable federal and state regulations.
    Subd. 4. Solicitations prohibited. No person may send or mail, or cause to be sent or
mailed any letter, postcard, circular, catalog, pamphlet, or similar publication for delivery into
Minnesota that is intended to solicit an order for alcoholic beverages to be shipped to any location
into Minnesota other than a licensed wholesaler's warehouse.
    Subd. 5. Cause of action. In addition to any penalties provided in this chapter, a person who
is adversely affected by a violation of this section may bring an action in a court of appropriate
jurisdiction to seek damages or injunctive relief. On a finding by the court that a person has
violated or is violating this section, the court may enjoin the violation or violations. Any person
licensed under this chapter is presumed to be adversely affected by a violation of this section.
History: 1997 c 129 art 1 s 1; 1999 c 86 art 1 s 68

340A.303 TRANSFERS.
A license under section 340A.301 or 340A.302 may be transferred only with the
commissioner's consent. When a licensee is a corporation a change in ownership of more than ten
percent of its stock must be reported to the commissioner within ten days of the change.
History: 1985 c 305 art 5 s 3; 1987 c 152 art 1 s 1

340A.304 LICENSE SUSPENSION AND REVOCATION.
The commissioner shall revoke, or suspend for up to 60 days, a license issued under section
340A.301 or 340A.302, or impose a fine of up to $2,000 for each violation, on a finding that the
licensee has violated a state law or rule of the commissioner relating to the possession, sale,
transportation, or importation of alcoholic beverages. A license revocation or suspension under
this section is a contested case under sections 14.57 to 14.69 of the Administrative Procedure Act.
History: 1985 c 305 art 5 s 4; 1985 c 309 s 11; 1Sp1985 c 16 art 2 s 3 subd 1; 1987 c
152 art 1 s 1; 1987 c 384 art 2 s 1

340A.305 WAREHOUSING.
    Subdivision 1. Facilities. All licensed wholesalers must own or lease warehouse space
within the state and must have adequate delivery facilities to perform the function of a wholesaler.
    Subd. 2. Unloading. Except as provided in this chapter alcoholic beverages manufactured
outside the state may be shipped into the state only to licensed wholesalers and must be unloaded
into the wholesaler's warehouse located in the state. Licensed wholesalers may distribute alcoholic
beverages only from the warehouse.
    Subd. 3. Reciprocity. The provisions of this section relating to warehousing do not apply to
a wholesaler of malt liquor located in an adjoining state which permits wholesalers licensed in
Minnesota to deliver malt liquor to retailers without warehousing in that state.
    Subd. 4. Direct shipment. Notwithstanding the provisions of this section, a manufacturer or
United States importer of intoxicating liquor manufactured outside Minnesota may authorize, on a
form the commissioner prescribes, a Minnesota-licensed manufacturer or wholesaler to purchase
intoxicating liquor for direct shipment to another state, or may appoint a Minnesota-licensed
manufacturer or wholesaler as its agent to sell or deliver intoxicating liquor to purchasers in other
states from the Minnesota warehouse inventory of the Minnesota manufacturer or wholesaler.
History: 1985 c 305 art 5 s 5; 1987 c 152 art 1 s 1

340A.3055 MANUFACTURER'S WAREHOUSE PERMIT.
    Subdivision 1. Permit required. No brewer, malt liquor manufacturer, or intoxicating
liquor manufacturer may import alcoholic beverages to a central warehouse, central distribution
center, or holding area in Minnesota that the brewer or manufacturer owns or leases unless the
brewer or manufacturer has obtained from the commissioner a manufacturer's warehouse permit
for the facility. A manufacturer's warehouse permit allows a brewer or manufacturer to import
alcoholic beverages for storage at the facility for which the permit is issued. No person other than
a licensed wholesaler, or a motor carrier of property as defined in section 221.011, subdivision
47 , or a common carrier as defined in section 218.011, subdivision 10, acting on behalf of a
brewer, malt liquor manufacturer, intoxicating liquor manufacturer, or licensed wholesaler, may
accept delivery from or pick up alcoholic beverages from the facility. A licensed wholesaler may
distribute alcoholic beverages only from the wholesaler's warehouse.
    Subd. 2. Eligibility. A permit under this section may be issued only to a brewer, malt liquor
manufacturer, or intoxicating liquor manufacturer:
(1) whose manufacturing facility or facilities are located outside Minnesota; and
(2) who holds a valid importer's license under section 340A.302.
    Subd. 3. Fee. The annual fee for a permit under this section is $1,000.
    Subd. 4. Restriction on sale and deliveries. A holder of a permit under this section may sell
alcoholic beverages stored in a facility to which a permit has been issued under this section only to:
(1) a wholesaler licensed under this chapter;
(2) a wholesaler licensed in another state; or
(3) an out-of-state or out-of-country entity that sells alcoholic beverages at wholesale or retail.
    Subd. 5. Reports. A holder of a permit under this section must report monthly to the
commissioner of revenue, in a form and at a time the commissioner prescribes:
(1) all alcoholic beverages imported into Minnesota and delivered to the permit holder's
facility; and
(2) all sales of alcoholic beverages made from the facility.
Reports to the commissioner of revenue under this subdivision shall remain confidential unless a
manufacturer authorizes the release of a report.
History: 1997 c 129 art 1 s 2

340A.306 FRAUDULENT SHIPMENTS.
(a) It is unlawful for:
(1) any person to knowingly deliver or cause to be delivered to a common carrier alcoholic
beverages under a false title, name, brand, or trademark; or
(2) any person, or a common carrier, or an agent of either to knowingly receive a fraudulent
shipment under clause (1).
(b) A peace officer may examine the books and way bills of a common carrier for the
purpose of tracing a fraudulent shipment to a shipper or receiver.
History: 1985 c 305 art 5 s 6; 1987 c 152 art 1 s 1

340A.307 UNLAWFUL DISCRIMINATION.
    Subdivision 1. Nondiscriminatory sales. All licensed importers must offer for sale on an
equal basis to all licensed wholesalers and manufacturers all intoxicating liquor brought into the
state of Minnesota.
    Subd. 2. Prohibited practices. Without limiting subdivision 1, the following are failures to
offer intoxicating liquor for sale on an equal basis and are unlawful:
(a) A refusal to sell to a wholesaler or manufacturer intoxicating liquor offered for sale to
any other wholesaler or manufacturer, except when a wholesaler or manufacturer is in arrears on
payments for past purchases from the importer who refuses to sell.
(b) A sale of intoxicating liquor to a wholesaler or manufacturer at a price different from
that offered to another wholesaler or manufacturer, exclusive of shipping costs, except that
quantity discounts based on actual cost savings may be uniformly offered to all wholesalers and
manufacturers.
(c) A sale of intoxicating liquor to a wholesaler or manufacturer on terms of purchase
different from those offered another wholesaler or manufacturer, except that when the importer
reasonably believes that a wholesaler or manufacturer will be unable to comply with the existing
terms of credit, other terms may be employed, including denial of credit.
(d) Discrimination among wholesalers and manufacturers in satisfying their respective
demands for intoxicating liquor.
(e) A sale conditioned on an agreement which restricts the wholesaler or manufacturer
with respect to customers, area for distribution, or resale price, or which otherwise restrains the
wholesaler or manufacturer from competing in trade and commerce.
(f) For purposes of this subdivision and subdivision 1 only, the term "intoxicating liquor"
does not include "pop wines" as they are defined by rule of the commissioner.
    Subd. 3.[Repealed, 1987 c 310 s 14]
    Subd. 4. Exceptions. Nothing in this section applies to:
(1) wine or malt liquor of any alcohol content;
(2) intoxicating liquor which is:
(i) further distilled, refined, rectified, or blended within the state; and
(ii) bottled within the state and labeled with the importer's own labels after importation
into the state; or
(3) any brand of intoxicating liquor which is offered for sale only in this state. No such
brand shall vary from an existing or new brand sold in another state in any manner as to brand
name, age, or proof of the product.
History: 1985 c 305 art 5 s 7; 1987 c 152 art 1 s 1; 1994 c 611 s 10

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;
(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.
History: 1985 c 88 s 1,2; 1985 c 201 s 1,2; 1985 c 305 art 5 s 8; 1Sp1985 c 16 art 2 s 3
subd 1; 1987 c 152 art 1 s 1; 1987 c 310 s 3; 1987 c 328 s 1; 1988 c 556 s 1; 1991 c 249 s
31; 1994 c 611 s 11; 2003 c 126 s 4

340A.309 EXCLUSIVE CONTRACTS.
A manufacturer, brewer, or wholesaler may not directly or indirectly make an agreement
with a retailer which binds the retailer to purchase the products of one manufacturer or brewer to
the exclusion of the products of other manufacturers and brewers. A retailer who is a party to a
violation of this section or who receives the benefits of a violation is equally guilty of a violation.
History: 1985 c 305 art 5 s 9; 1987 c 152 art 1 s 1

340A.310 SALES BY WHOLESALERS.
A wholesaler may sell intoxicating liquor or 3.2 percent malt liquor only to municipal
liquor stores, government instrumentalities, or holders of alcoholic beverage licenses issued
under this chapter.
History: 1985 c 305 art 5 s 10; 1987 c 152 art 1 s 1; 1991 c 249 s 31

340A.311 BRAND REGISTRATION.
(a) A brand of intoxicating liquor or 3.2 percent malt liquor may not be manufactured,
imported into, or sold in the state unless the brand label has been registered with and approved by
the commissioner. A brand registration must be renewed every three years in order to remain in
effect. The fee for an initial brand registration is $40. The fee for brand registration renewal is $30.
The brand label of a brand of intoxicating liquor or 3.2 percent malt liquor for which the brand
registration has expired, is conclusively deemed abandoned by the manufacturer or importer.
(b) In this section "brand" and "brand label" include trademarks and designs used in
connection with labels.
(c) The label of any brand of wine or intoxicating or nonintoxicating malt beverage may
be registered only by the brand owner or authorized agent. No such brand may be imported into
the state for sale without the consent of the brand owner or authorized agent. This section does
not limit the provisions of section 340A.307.
(d) The commissioner shall refuse to register a malt liquor brand label, and shall revoke the
registration of a malt liquor brand label already registered, if the brand label states or implies
in a false or misleading manner a connection with an actual living or dead American Indian
leader. This paragraph does not apply to a brand label registered for the first time in Minnesota
before January 1, 1992.
History: 1985 c 305 art 5 s 11; 1987 c 152 art 1 s 1; 1991 c 249 s 2,31; 1992 c 513 art 3 s
55; 1994 c 611 s 12; 2005 c 136 art 8 s 14

340A.312 JOINT PURCHASES; VOLUME PRICES.
    Subdivision 1. Joint purchases. The joint purchase by two or more licensed retailers of up
to 300, 1.75 liter or smaller, bottles of distilled spirits or wine for resale to the public is lawful.
    Subd. 2. Volume prices. A variable volume price offered by a wholesaler to a licensed
retailer on sales of distilled spirits or wine may not be for a quantity of more than 25 cases.
History: 1985 c 305 art 5 s 12; 1987 c 152 art 1 s 1; 1987 c 310 s 4

340A.313 [Repealed, 1987 c 310 s 14]

340A.314 SUGGESTED RETAIL PRICES.
No wholesaler or other person may communicate in any manner to an off-sale licensee a
suggested retail price for the sale of intoxicating liquor.
History: 1985 c 305 art 5 s 14; 1987 c 152 art 1 s 1

340A.315 FARM WINERY LICENSE.
    Subdivision 1. Licenses. The commissioner may issue a farm winery license to the owner
or operator of a farm winery located within the state and producing table, sparkling, or fortified
wines. Licenses may be issued and renewed for an annual fee of $50, which is in lieu of all other
license fees required by this chapter.
    Subd. 2. Sales. A license authorizes the sale, on the farm winery premises, of table, sparkling,
or fortified wines produced by that farm winery at on-sale or off-sale, in retail, or wholesale lots
in total quantities not in excess of 50,000 gallons in a calendar year, glassware, wine literature
and accessories, cheese and cheese spreads, other wine-related food items, and the dispensing
of free samples of the wines offered for sale. Sales at on-sale and off-sale may be made on
Sundays between 12:00 noon and 12:00 midnight. Labels for each type or brand produced must
be registered with the commissioner, without fee prior to sale.
    Subd. 3. Applicability. Except as otherwise specified in this section, all provisions of this
chapter govern the production, sale, possession, and consumption of table, sparkling, or fortified
wines produced by a farm winery.
    Subd. 4. Minnesota products. If Minnesota produced or grown grapes, grape juice, other
fruit bases, or honey is not available in quantities sufficient to constitute a majority of the
table, sparkling, or fortified wine produced by a farm winery, the holder of the farm winery
license may file an affidavit stating this fact with the commissioner. If the commissioner, after
consultation with the commissioner of agriculture, determines this to be true, the farm winery
may use imported products and shall continue to be governed by the provisions of this section.
The affidavit is effective for a period of one year, after which time the farm winery must use the
required amount of Minnesota products as provided by subdivision 1 unless the farm winery
holder files a new affidavit with the commissioner.
    Subd. 5.[Repealed, 1985 c 12 s 2]
History: 1985 c 12 s 1; 1985 c 134 s 1; 1985 c 305 art 5 s 15; 1Sp1985 c 16 art 2 s 3 subd 1;
1987 c 152 art 1 s 1; 1992 c 513 art 3 s 56; 2006 c 210 s 4-7

340A.316 SACRAMENTAL WINE.
A rabbi, priest, or minister of a church or other established religious organization may import
wine exclusively for sacramental purposes without a license.
History: 1985 c 305 art 5 s 16; 1987 c 152 art 1 s 1; 1991 c 326 s 17; 1992 c 513 art 3
s 57; 1996 c 418 s 2

340A.317 LICENSING OF BROKERS.
    Subdivision 1. Definition. "Broker" means a person who represents a distillery, winery, or
importer, and is not an employee of the distillery, winery, or importer.
    Subd. 2. License required. All brokers and their employees must obtain a license from the
commissioner. The annual license fee for a broker is $600, for an employee of a broker the license
fee is $20. An application for a broker's license must be accompanied by a written statement from
the distillery, winery, or importer the applicant proposes to represent verifying the applicant's
contractual arrangement, and must contain a statement that the distillery, winery, or importer is
responsible for the actions of the broker. The license shall be issued for one year. The broker, or
employee of the broker may promote a vendor's product and may call upon licensed retailers to
insure product identification, give advance notice of new products or product changes, and share
other pertinent market information. The commissioner may revoke or suspend for up to 60 days a
broker's license or the license of an employee of a broker if the broker or employee has violated
any provision of this chapter, or a rule of the commissioner relating to alcoholic beverages. The
commissioner may suspend for up to 60 days, the importation license of a distillery or winery on a
finding by the commissioner that its broker or employee of its broker has violated any provision
of this chapter, or rule of the commissioner relating to alcoholic beverages.
    Subd. 3. Reports. A distillery, winery, or broker must furnish within 60 days after the end of
each month a report to the commissioner specifying for that month the type, quantity, date, and
licensed retailers who received samples from the distillery, winery, or broker.
History: 1985 c 308 s 3; 1987 c 152 art 1 s 1; 1992 c 513 art 3 s 58

340A.318 CREDIT EXTENSIONS RESTRICTED.
    Subdivision 1. Restriction. Except as provided in this section, no retail licensee may accept
or receive credit, other than merchandising credit in the ordinary course of business for a period
not to exceed 30 days, from a distiller, manufacturer, or wholesaler of distilled spirits or wine, or
agent or employee thereof. No distiller, manufacturer or wholesaler may extend the prohibited
credit to a retail licensee. No retail licensee delinquent beyond the 30-day period shall solicit,
accept or receive credit or purchase or acquire distilled spirits or wine directly or indirectly, and
no distiller, manufacturer or wholesaler shall knowingly grant or extend credit nor sell, furnish
or supply distilled spirits or wine to a retail licensee who has been posted delinquent under
subdivision 3. No right of action shall exist for the collection of any claim based upon credit
extended contrary to the provisions of this section.
    Subd. 2. Reporting. Every distiller, manufacturer or wholesaler selling to retailers shall
submit to the commissioner in triplicate not later than Thursday of each calendar week a verified
list of the names and addresses of each retail licensee purchasing distilled spirits or wine from that
distiller, manufacturer, or wholesaler who, on the first day of that calendar week, was delinquent
beyond the 30-day period, or a verified statement that no delinquencies exist which are required to
be reported. The name and address of each retail licensee who makes payment with a postdated
check, or a check that is dishonored on presentment, must also be submitted to the commissioner at
that time. If a retail licensee previously reported as delinquent cures the delinquency by payment,
the name and address of that licensee shall be submitted in triplicate to the commissioner not later
than the close of the second full business day following the day the delinquency was cured.
    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.
    Subd. 4. Miscellaneous provisions. The 30-day merchandising period allowed by this
section shall commence with the day immediately following the date of invoice and shall include
all successive days, including Sundays and holidays, to and including the 30th successive day. In
addition to other legal methods, payment by check during the period for which merchandising
credit may be extended shall be considered payment. All checks received in payment for
distilled spirits or wine shall be deposited promptly for collection. A postdated check or a check
dishonored on presentation for payment does not constitute payment. A retail licensee shall not
be deemed delinquent for any alleged sale in any instance where there exists a bona fide dispute
between the licensee and the distiller, manufacturer or wholesaler as to the amount owing as a
result of the alleged sale. A delinquent retail licensee who engages in the retail liquor business at
two or more locations shall be deemed to be delinquent with respect to each location. A retail
licensee who engages in the retail liquor business at two or more locations means "a person or
group of persons possessing 50 percent or more ownership in two or more locations."
    Subd. 5. License suspension or revocation. The license of any retail licensee, distiller,
manufacturer or wholesaler violating any provision of this section shall be subject to suspension
or revocation in the manner provided by this chapter.
History: 1986 c 465 art 2 s 7; 1987 c 152 art 1 s 1; 1987 c 310 s 5-7; 2003 c 126 s 5

340A.319 REPORTS BY BREWERS.
The commissioner may require a brewer that manufactures 25,000 or fewer barrels of malt
liquor in any year to report to the commissioner, on a form and at the frequency the commissioner
prescribes, on the total amount of malt liquor brewed by the brewer.
History: 1994 c 611 s 13

340A.32 [Repealed, 1995 c 198 s 17]

340A.33 BREW ON PREMISES STORE.
Notwithstanding anything in this chapter, the owner of a brew on premises store shall not
be considered a brewer, manufacturer, wholesaler, or retailer of intoxicating liquor if the owner
complies with this section and with Code of Federal Regulations, title 27, part 25, subpart L,
sections 25.205 and 25.206. For purposes of this section, a brew on premises store is a facility
that provides the ingredients and equipment for a customer to use to brew malt liquor at the
store. Alcoholic beverages may not be sold or otherwise provided to customers of a brew on
premises store, unless the owner of the brew on premises store holds the appropriate liquor
license. Customers using the brew on premises store must be of the minimum age required to
purchase intoxicating liquor. Malt liquor brewed by a customer in the store must not be sold and
must be used by the customer solely for personal or family use.
History: 1995 c 198 s 6

340A.34 WINEMAKING ON PREMISES STORE.
A commercial establishment in which individuals make wine on the premises for personal
and family use only and not for resale, using ingredients or materials or both supplied by the
establishment, is not required to be licensed under this chapter if the establishment is operated in
accordance with Code of Federal Regulations, title 27, section 24.75. No person under the age of
21 years may participate in the making of wine in such an establishment. Alcoholic beverages
may not be sold or otherwise provided to customers of an establishment described in this section
unless the establishment holds the appropriate license for such sale or provision.
History: 2000 c 440 s 4

340A.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.
History: 1985 c 305 art 6 s 1; 1987 c 152 art 1 s 1; 1995 c 198 s 7; 1996 c 418 s 3

340A.4011 BED AND BREAKFAST FACILITIES; WHEN LICENSE NOT REQUIRED.
    Subdivision 1. Definition. For purposes of this section, "bed and breakfast facility" means a
place of lodging that:
(1) provides not more than eight rooms for rent to no more than 20 guests at a time;
(2) is located on the same property as the owner's personal residence;
(3) provides no meals, other than breakfast served to persons who rent rooms; and
(4) was originally built and occupied as, or was converted to, a single-family residence prior
to being used as a place of lodging.
    Subd. 2. License not required. (a) Notwithstanding section 340A.401, no license under this
chapter is required for a bed and breakfast facility to provide at no additional charge to a person
renting a room at the facility not more than two glasses per day each containing not more than
four fluid ounces of wine. Wine so furnished may be consumed only on the premises of the
bed and breakfast facility.
(b) A bed and breakfast facility may furnish wine under paragraph (a) only if the facility
is registered with the commissioner. Application for such registration must be on a form the
commissioner provides. The commissioner may revoke registration under this paragraph for any
violation of this chapter or a rule adopted under this chapter.
History: 1996 c 418 s 4

340A.402 PERSONS ELIGIBLE.
No retail license may be issued to:
(1) a person under 21 years of age;
(2) a person who has had an intoxicating liquor or 3.2 percent malt liquor license revoked
within five years of the license application, or to any person who at the time of the violation owns
any interest, whether as a holder of more than five percent of the capital stock of a corporation
licensee, as a partner or otherwise, in the premises or in the business conducted thereon, or to a
corporation, partnership, association, enterprise, business, or firm in which any such person is
in any manner interested;
(3) a person not of good moral character and repute; or
(4) a person who has a direct or indirect interest in a manufacturer, brewer, or wholesaler.
In addition, no new retail license may be issued to, and the governing body of a municipality
may refuse to renew the license of, a person who, within five years of the license application,
has been convicted of a felony or a willful violation of a federal or state law or local ordinance
governing the manufacture, sale, distribution, or possession for sale or distribution of an alcoholic
beverage. The Alcohol and Gambling Enforcement Division or licensing authority may require
that fingerprints be taken and forwarded to the Federal Bureau of Investigation for purposes
of a criminal history check.
History: 1985 c 305 art 6 s 2; 1986 c 330 s 5; 1987 c 152 art 1 s 1; 1989 c 49 s 1; 1991 c
249 s 3; 1993 c 350 s 9; 1994 c 611 s 15; 1996 c 323 s 4; 2002 c 321 s 6

340A.403 3.2 PERCENT MALT LIQUOR LICENSES.
    Subdivision 1. Issuance by county or city. The governing body of a city or county may
issue off-sale or on-sale licenses for the sale of 3.2 percent malt liquor within their respective
jurisdictions.
    Subd. 2. Temporary licenses. (a) A club or charitable, religious, or nonprofit organization
may be issued a temporary on-sale license for the sale of 3.2 percent malt liquor.
(b) The temporary license may authorize the sale of 3.2 percent malt liquor in any school
or school buildings.
(c) Temporary licenses are subject to the terms set by the issuing county or city.
    Subd. 3. Exemption. (a) Any person licensed to sell intoxicating liquor at on-sale shall not
be required to obtain an on-sale license under this section, and may sell nonintoxicating malt
beverages at on-sale without further license.
(b) Any person licensed to sell intoxicating liquor at off-sale shall not be required to obtain
an off-sale license under this section, and may sell nonintoxicating malt beverages at off-sale
without further license.
    Subd. 4. Notice to commissioner. Within ten days of the issuance of a license under this
section, a municipality shall inform the commissioner, on a form the commissioner prescribes,
of the licensee's name and address and trade name, the effective date and expiration date of the
license, and any other information on the license the commissioner requires.
History: 1985 c 117 s 1,2; 1985 c 305 art 6 s 3; 1Sp1985 c 16 art 2 s 3 subd 1; 1987 c 152
art 1 s 1; 1991 c 249 s 31; 1Sp2003 c 19 art 2 s 57,79

340A.404 INTOXICATING LIQUOR; ON-SALE LICENSES.
    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.
    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 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.
(h) The city of Minneapolis may issue an on-sale intoxicating liquor license to the Walker
Art Center's concessionaire or operator, for a restaurant and catering operator on the premises
of the Walker Art Center, notwithstanding limitations of law, or local ordinance or charter
provisions. The license authorizes sales on all days of the week.
(i) The city of Minneapolis may issue an on-sale intoxicating liquor license to the Guthrie
Theater's concessionaire or operator for a restaurant and catering operator on the premises of the
Guthrie Theater, notwithstanding limitations of law, local ordinance, or charter provisions. The
license authorizes sales on all days of the week.
(j) The city of Minneapolis may issue an on-sale wine license and an on-sale malt liquor
license to the Minnesota Book and Literary Arts Building, Inc.'s concessionaire or operator for
a restaurant and catering operator on the premises of the Minnesota Book and Literary Arts
Building, Inc. (dba Open Book), notwithstanding limitations of law, or local ordinance or charter
provision. The license authorizes sales on all days of the week.
(k) The city of Minneapolis may issue an on-sale intoxicating liquor license to a restaurant
located at 5411 Penn Avenue South, notwithstanding any law or local ordinance or charter
provision.
    Subd. 2a. City of Minneapolis; arena. (a) Notwithstanding any other law, local ordinance,
or charter provision, the city of Minneapolis may issue one or more on-sale or combination
on-sale and off-sale intoxicating liquor licenses to the owner of the sports arena located at 600
First Avenue North in Minneapolis, or to an entity holding a concessions contract with the owner
for use on the premises of that sports arena.
(b) The license authorizes sales on all days of the week to holders of tickets for events at the
sports arena and to the owners of the sports arena and the owners' guests.
(c) The licensee may not dispense intoxicating liquor to any person attending or participating
in an amateur athletic event held on the premises unless such dispensing is authorized by the city.
The city may not authorize the dispensing of intoxicating liquor at any event held under the
auspices of the Minnesota State High School League.
(d) The license authorized by this subdivision may be issued for space that is not compact
and contiguous, provided that all such space is within the sports arena building and is included in
the description of the licensed premises on the approved license application.
(e) Notwithstanding any law or rule to the contrary, a person licensed to make off-sales
within the sports arena building may deliver alcoholic beverages to rooms and suites within the
sports arena building (1) between midnight and 8:00 a.m. on Monday through Thursday, and (2)
between midnight and 8:00 a.m. and between 10:00 p.m. and midnight on Friday through Sunday.
No delivery authorized by this paragraph may be made to a room or suite within the building at
any time when an event utilizing the room or suite is in progress.
(f) The holder of a license issued under this subdivision may dispense intoxicating liquor
in miniature bottles if the intoxicating liquor is poured from the miniature bottles, mixed into
another beverage, and dispensed on the premises by employees of the licensee.
    Subd. 2b. Special provision; city of St. Paul. The city of St. Paul may issue an on-sale
intoxicating liquor license to the Fitzgerald Theatre, the Great American History Theater at 30
East 10th Street, and the Brave New Workshop at the Palace Theater at 17 West Seventh Place,
notwithstanding the limitations of law, or local ordinance, or charter provision relating to zoning
or school or church distances. The license authorizes sales on all days of the week to holders of
tickets for performances presented by the theatre and to members of the nonprofit corporation
holding the license and to their guests.
    Subd. 3. Notice to commissioner. A city shall within ten days of the issuance of a license
under subdivision 1 or 5, inform the commissioner of the licensee's name and address and trade
name, and the effective date and expiration date of the license. The city shall also inform the
commissioner of a license transfer, cancellation, suspension, or revocation during the license
period.
    Subd. 4. Special provisions; sports, conventions, or cultural facilities; community
festivals. (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 amateur athletic event 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 340A.409 to
cover the event.
    Subd. 4a. State-owned recreation; entertainment facilities. Notwithstanding any 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 Chisholm; and
(3) to the Board of Regents of the University of Minnesota for events at Northrop Auditorium
and in any intercollegiate football stadium constructed by the university on its Minneapolis
campus.
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.
    Subd. 5. Wine licenses. (a) A municipality may issue an on-sale wine license with the
approval of the commissioner to a restaurant having facilities for seating at least 25 guests at
one time. A wine license permits the sale of wine of up to 14 percent alcohol by volume for
consumption with the sale of food. A wine license authorizes the sale of wine on all days of the
week unless the issuing authority restricts the license's authorization to the sale of wine on all
days except Sundays.
(b) The governing body of a municipality may by ordinance authorize a holder of an on-sale
wine license issued pursuant to paragraph (a) who is also licensed to sell 3.2 percent malt liquors at
on-sale pursuant to section 340A.411, and whose gross receipts are at least 60 percent attributable
to the sale of food, to sell intoxicating malt liquors at on-sale without an additional license.
(c) A municipality may issue an on-sale wine license with the approval of the commissioner
to a licensed bed and breakfast facility. A license under this paragraph authorizes a bed and
breakfast facility to furnish wine only to registered guests of the facility and, if the facility
contains a licensed commercial kitchen, also to guests attending private events at the facility.
    Subd. 6. Counties. (a) A county board may issue an annual on-sale intoxicating liquor
license within the area of the county that is unorganized or unincorporated to a bowling center,
restaurant, club, or hotel with the approval of the commissioner.
(b) A county board may also with the approval of the commissioner issue up to ten seasonal
on-sale licenses to restaurants and clubs for the sale of intoxicating liquor within the area of the
county that is unorganized or unincorporated. Notwithstanding section 340A.412, subdivision 8, a
seasonal license is valid for a period specified by the board, not to exceed nine months. Not more
than one license may be issued for any one premises during any consecutive 12-month period.
    Subd. 6a.[Repealed, 1991 c 249 s 33]
    Subd. 7. Airports commission. On-sale licenses may be issued by the Metropolitan Airports
Commission for the sale of intoxicating liquor in major airports owned by the Metropolitan
Airports Commission and used as terminals for regularly scheduled air passenger service.
    Subd. 8. Lake Superior, St. Croix River, and Mississippi River tour boats. (a) The
commissioner may issue an on-sale intoxicating liquor license to a person regularly engaged,
on an annual or seasonal basis, in the business of offering tours by boat on Lake Superior and
adjacent bays, the St. Croix River, and the Mississippi River. The license shall authorize the
sale of intoxicating liquor between May 1 and November 1 for consumption on the boat while
underway or attached to a dock or other mooring. No license may be issued unless each boat used
in the tour business regularly sells meals in the place where intoxicating liquor is sold.
(b) All sales of intoxicating liquor made on a boat while it is attached to a dock or other
mooring are subject to any restrictions on the sale of liquor prescribed by the governing body of
the city where the boat is attached, or of a county when it is attached outside a city. A governing
body may prohibit liquor sales within its jurisdiction but may not require an additional license, or
require a fee or occupation tax, for the sales.
    Subd. 9. Military bases and installations. The commissioner may issue an on-sale license
for the sale of intoxicating liquor within the boundaries of a military base or installation under the
jurisdiction of the adjutant general with the approval of the adjutant general. No municipal or
county license is required for the sale of intoxicating liquor under this subdivision.
    Subd. 10. Temporary on-sale licenses. (a) The governing body of a municipality may issue
to (1) a club or charitable, religious, or other nonprofit organization in existence for at least
three years, (2) a political committee registered under section 10A.14, or (3) a state university, a
temporary license for the on-sale of intoxicating liquor in connection with a social event within
the municipality sponsored by the licensee. The license may authorize the on-sale of intoxicating
liquor for not more than four consecutive days, and may authorize on-sales on premises other
than premises the licensee owns or permanently occupies. The license may provide that the
licensee may contract for intoxicating liquor catering services with the holder of a full-year
on-sale intoxicating liquor license issued by any municipality. The licenses are subject to the
terms, including a license fee, imposed by the issuing municipality. Licenses issued under this
subdivision are subject to all laws and ordinances governing the sale of intoxicating liquor except
sections 340A.409 and 340A.504, subdivision 3, paragraph (d), and those laws and ordinances
which by their nature are not applicable. Licenses under this subdivision are not valid unless first
approved by the commissioner of public safety.
(b) A county under this section may issue a temporary license only to a premises located
in the unincorporated or unorganized territory of the county.
(c) The governing body of a municipality may issue to a brewer who manufactures fewer
than 3,500 barrels of malt liquor in a year a temporary license for the on-sale of intoxicating
liquor in connection with a social event within the municipality sponsored by the brewer. The
terms and conditions specified for temporary licenses under paragraph (a) shall apply to a license
issued under this paragraph, except that the requirements of section 340A.409, subdivisions
1 to 3a , shall apply to the license.
    Subd. 11. Removal of wine from restaurant. A restaurant licensed to sell intoxicating
liquor or wine at on-sale under this section may permit a person purchasing a full bottle of wine in
conjunction with the purchase of a meal to remove the bottle on leaving the licensed premises
provided that the bottle has been opened and the contents partially consumed. A removal of a
bottle under the conditions described in this subdivision is not an off-sale of intoxicating liquor
and may be permitted without additional license.
    Subd. 12. Caterer's permit. The commissioner may issue a caterer's permit to a restaurant
that holds an on-sale intoxicating liquor license issued by any municipality. The holder of a
caterer's permit may sell intoxicating liquor as an incidental part of a food service that serves
prepared meals at a place other than the premises for which the holder's on-sale intoxicating
liquor license is issued.
(a) A caterer's permit is auxiliary to the primary on-sale license held by the licensee.
(b) The restrictions and regulations which apply to the sale of intoxicating liquor on the
licensed premises also apply to the sale under the authority of a caterer's permit, and any act that
is prohibited on the licensed premises is also prohibited when the licensee is operating other than
on the licensed premises under a caterer's permit.
(c) Any act, which if done on the licensed premises would be grounds for cancellation or
suspension of the on-sale licensee, is grounds for cancellation of both the on-sale license and the
caterer's permit if done when the permittee is operating away from the licensed premises under
the authority of the caterer's permit.
(d) The permittee shall notify prior to any catered event:
(1) the police chief of the city where the event will take place, if the event will take place
within the corporate limits of a city; or
(2) the county sheriff of the county where the event will take place, if the event will be
outside the corporate limits of any city.
(e) If the primary license ceases to be valid for any reason, the caterer's permit ceases to be
valid.
(f) Permits issued under this subdivision are subject to all laws and ordinances governing
the sale of intoxicating liquor except those laws and ordinances which by their nature are not
applicable.
(g) The annual state fee for a caterer's permit is $300.
    Subd. 13. Holders of multiple on-sale licenses; uniform licensing periods.
Notwithstanding any local ordinance or other law, a local government unit may adjust the licensing
period for any holder of multiple on-sale alcoholic beverage licenses in the state, upon request of
the licensee. The local government unit may charge a fee for an adjustment of the licensing period.
History: 1985 c 201 s 3; 1985 c 305 art 6 s 4; 1Sp1985 c 16 art 2 s 3 subd 1; 1Sp1986 c 3
art 1 s 37; 1987 c 5 s 1,2; 1987 c 27 s 1; 1987 c 29 s 1; 1987 c 152 art 1 s 1; 1987 c 310 s 8; 1987
c 328 s 2; 1989 c 40 s 1; 1990 c 554 s 7-10; 1991 c 249 s 4-7,31; 1992 c 486 s 7; 1994 c 611 s
16,17; 1995 c 42 s 1; 1995 c 198 s 8,9; 1996 c 418 s 5,6; 1997 c 129 art 1 s 3,4; 1998 c 364 s 3,4;
1999 c 202 s 1-4; 2000 c 440 s 3; 2001 c 193 s 1,2; 2003 c 126 s 6,7; 2005 c 24 s 1; 2005 c 25 s
3; 2005 c 131 s 3; 2005 c 136 art 8 s 15; 2006 c 210 s 8,9; 2006 c 247 s 14

340A.4041 CULINARY CLASSES; ON-SALE LICENSE.
    Subdivision 1. License authorized. A city or county may issue a limited on-sale intoxicating
liquor license to a business establishment: (1) not otherwise eligible for an on-sale intoxicating
liquor license; and (2) that, as part of its business, conducts culinary or cooking classes for which
payment is made by each participant or advance reservation required. The license authorizes the
licensee to furnish to each participant in each class, at no additional cost to the participant, up to
a maximum of six ounces of wine or 12 ounces of intoxicating malt liquor, during and as part
of the class, for consumption on the licensed premises only.
    Subd. 2. Fee. The issuing authority shall set the fee for a license under this section, subject to
section 340A.408, subdivision 2, paragraph (a).
    Subd. 3. Application of other law. All provisions of this chapter that apply to on-sale
intoxicating liquor licenses, other than provisions inconsistent with this section, apply to licenses
issued under this section, except that section 340A.409 shall not apply.
History: 2006 c 210 s 10

340A.405 INTOXICATING LIQUOR; OFF-SALE LICENSES.
    Subdivision 1. Cities. (a) A city other than a city of the first class may issue with the approval
of the commissioner, an off-sale intoxicating liquor license to an exclusive liquor store, or to a
drugstore to which an off-sale license had been issued on or prior to May 1, 1994.
(b) A city of the first class may issue an off-sale license to an exclusive liquor store, a general
food store to which an off-sale license had been issued on August 1, 1989, or a drugstore to which
an off-sale license had been issued on or prior to May 1, 1994.
    Subd. 2. Counties. (a) A county may issue an off-sale intoxicating license with the approval
of the commissioner to exclusive liquor stores located within unorganized territory of the county.
(b) A county board of any county except Ramsey County containing a town exercising
powers under section 368.01, subdivision 1, may issue an off-sale license to an exclusive liquor
store within that town with the approval of the commissioner. No license may be issued under this
paragraph unless the town board adopts a resolution supporting the issuance of the license.
(c) A county board of any county except Ramsey County containing a town that may not
exercise powers under section 368.01, subdivision 1, may issue an off-sale license to an exclusive
liquor store within that town, or a combination off-sale and on-sale license to a restaurant within
that town, with the approval of the commissioner pursuant to section 340A.404, subdivision 6. No
license may be issued under this paragraph unless the town board adopts a resolution supporting
the issuance of the license.
(d) No license may be issued under this subdivision unless a public hearing is held on the
issuance of the license. Notice must be given to all interested parties and to any city located
within three miles of the premises proposed to be licensed. At the hearing the county board shall
consider testimony and exhibits presented by interested parties and may base its decision to
issue or deny a license upon the nature of the business to be conducted and its impact upon any
municipality, the character and reputation of the applicant, and the propriety of the location. Any
hearing held under this paragraph is not subject to chapter 14.
(e) A county board may not issue a license under this subdivision to a person for an
establishment located less than one mile by the most direct route from the boundary of any
statutory or home rule city that had established a municipal liquor store before August 1, 1991,
provided, that a county board may not issue a new license under this subdivision to a person for
an establishment located less than three miles by the most direct route from the boundary of a
city that (1) is located outside the metropolitan area as defined in section 473.121, subdivision 2,
(2) has a population over 5,000 according to the most recent federal decennial census, and (3)
had established a municipal liquor store before August 1, 1991.
(f) The town board may impose an additional license fee in an amount not to exceed 20
percent of the county license fee.
(g) Notwithstanding any provision of this subdivision or Laws 1973, chapter 566, as
amended by Laws 1974, chapter 200, a county board may transfer or renew a license that was
issued by a town board under Minnesota Statutes 1984, section 340.11, subdivision 10b, prior
to January 1, 1985.
    Subd. 3. Towns. The town board of a town within Ramsey County exercising powers under
section 368.01, subdivision 1, within Ramsey County may issue an off-sale intoxicating liquor
license with the approval of the commissioner to an exclusive liquor store located within the town.
    Subd. 4. Temporary off-sale licenses; wine auctions. (a) The governing body of a city or
county may issue a temporary license for the off-sale of wine at an auction with the approval of
the commissioner. A license issued under this subdivision authorizes the sale of only vintage
wine of a brand and vintage that is not commonly being offered for sale by any wholesaler in
Minnesota. The license may authorize the off-sale of wine for not more than three consecutive
days provided not more than 600 cases of wine are sold at any auction. The licenses are subject to
the terms, including license fee, imposed by the issuing city or county. Licenses issued under this
subdivision are subject to all laws and ordinances governing the sale of intoxicating liquor except
section 340A.409 and those laws and ordinances which by their nature are not applicable.
(b) As used in the subdivision, "vintage wine" means bottled wine which is at least five
years old.
    Subd. 5.[Repealed, 1990 c 554 s 22]
    Subd. 6. Airports commission. The Metropolitan Airports Commission may with the
approval of the commissioner issue licenses for the off-sale of wine at the Minneapolis-St. Paul
International Airport.
History: 1985 c 263 s 1,2; 1985 c 305 art 6 s 5; 1Sp1985 c 16 art 2 s 3 subd 1; 1987 c 152
art 1 s 1; 1987 c 310 s 9,10; 1987 c 328 s 3; 1987 c 381 s 3; 1987 c 402 s 1; 1989 c 49 s 2; 1990 c
545 s 1; 1990 c 554 s 11,12; 1991 c 249 s 8,9; 1994 c 611 s 18-20

340A.4055 LICENSES IN INDIAN COUNTRY.
Notwithstanding any law to the contrary, on-sale or off-sale licenses for the sale of
intoxicating liquor or 3.2 percent malt liquor issued by the governing body of an Indian tribe
in accordance with United States Code, title 18, section 1161, to an Indian tribal member or
Indian tribal entity for an establishment located within Indian country as defined under United
States Code, title 18, section 1154, are valid. When a license is issued under this section, the
issuing authority shall notify the commissioner of public safety of the name and address of
the licensee. Upon receipt of the notice, the commissioner shall issue a retailer's identification
card to the licensee to permit the licensee to purchase distilled spirits, wine, or malt beverages.
An establishment issued a license under this section is not required to obtain a license from
any municipality, county, or town.
History: 1985 c 308 s 2; 1Sp1985 c 16 art 2 s 3 subd 1; 1987 c 152 art 1 s 1; 1991 c 249 s
10,31; 1992 c 464 art 1 s 37

340A.406 INTOXICATING LIQUOR; COMBINATION LICENSES.
A city of the fourth class or a statutory city of 10,000 or fewer population may issue an
off-sale and on-sale intoxicating liquor license to the same licensee or, in lieu of issuing on-sale
and off-sale licenses separately to a licensee, may issue a combination on-sale and off-sale
license. A city may continue to issue licenses under this subdivision when the population of
the city exceeds 10,000 population.
History: 1985 c 305 art 6 s 6; 1987 c 152 art 1 s 1

340A.407 COMMON CARRIERS.
The commissioner may issue an on-sale license to a person certificated by either the state or
the United States of America, or an agency thereof, as a common carrier engaged in the business
of transporting persons for hire in interstate or intrastate commerce to sell intoxicating or 3.2
percent malt liquor in a place where meals are sold. A license issued under this subdivision only
authorizes the sale of intoxicating or 3.2 percent malt liquor to a bona fide passenger who is
actually being transported in interstate or intrastate commerce.
History: 1985 c 305 art 6 s 7; 1987 c 152 art 1 s 1; 1991 c 249 s 31

340A.408 RETAIL LICENSE FEES.
    Subdivision 1. 3.2 percent malt liquor. (a) The license fee for an on-sale and off-sale 3.2
percent malt liquor license is the fee set by the county or city issuing the license.
(b) One-half of the license fee received by a county for a retail license to sell 3.2 percent malt
liquor within any town in the county shall be paid to the town board where the business is located.
    Subd. 2. Intoxicating liquor; on-sale. (a) The license fee for a retail on-sale intoxicating
liquor license is the fee set by the city or county issuing the license subject to the limitations
imposed under this subdivision. The license fee is intended to cover the costs of issuing and
inspecting and other directly related costs of enforcement.
(b) The annual license fee for an on-sale intoxicating liquor license issued by a municipality
to a club must be no greater than:
(1) $300 for a club with under 200 members;
(2) $500 for a club with between 201 and 500 members;
(3) $650 for a club with between 501 and 1,000 members;
(4) $800 for a club with between 1,001 and 2,000 members;
(5) $1,000 for a club with between 2,001 and 4,000 members;
(6) $2,000 for a club with between 4,001 and 6,000 members; or
(7) $3,000 for a club with over 6,000 members.
(c) The license fee for the issuance of a wine license may not exceed one-half of the license
fee charged for an on-sale intoxicating liquor license, or $2,000, whichever is less.
(d) The town board of a town in which an on-sale establishment has been licensed by a
county may impose an additional license fee on each such establishment in an amount not to
exceed 20 percent of the county license fee.
    Subd. 3. Intoxicating liquor; off-sale. (a) The annual license fee for an off-sale intoxicating
liquor license issued by a city, when combined with any occupation tax imposed by the city,
may not exceed the following limits:
(1) $1,000 for cities of the first class;
(2) $200 for cities over 10,000 other than cities of the first class;
(3) $150 for cities of between 5,000 and 10,000 population; and
(4) $100 for cities with less than 5,000 population.
(b) The annual license fee for an off-sale intoxicating liquor license issued by a county or
town shall not exceed $500.
    Subd. 3a. Fee increases; notice, hearing. No city, town, or county shall increase the fee
for a liquor license governed by subdivision 1, 2, or 3, except after notice and hearing on the
proposed increase. Notice of the proposed increase must be mailed to all affected licensees at
least 30 days before the date set for the hearing. This subdivision supersedes any inconsistent
provision of law or charter.
    Subd. 4. Lake Superior, St. Croix River, and Mississippi River tour boats; common
carriers. (a) The annual license fee for licensing of Lake Superior, St. Croix River, and Mississippi
River tour boats under section 340A.404, subdivision 8, shall be $1,500. The commissioner shall
transmit one-half of this fee to the governing body of the city that is the home port of the tour boat
or to the county in which the home port is located if the home port is outside a city.
(b) The annual license fee for common carriers licensed under section 340A.407 is:
(1) $50 for 3.2 percent malt liquor, and $20 for a duplicate license; and
(2) $250 for intoxicating liquor, and $30 for a duplicate license.
    Subd. 5. Refunds. A pro rata share of an annual license fee for a retail license to sell
intoxicating or 3.2 percent malt liquor, either on-sale or off-sale, may be refunded to the licensee
or to the licensee's estate if:
(1) the business ceases to operate because of destruction or damage;
(2) the licensee dies;
(3) the business ceases to be lawful for a reason other than a license revocation; or
(4) the licensee ceases to carry on the licensed business under the license.
History: 1985 c 305 art 6 s 8; 1987 c 152 art 1 s 1; 1989 c 104 s 1; 1991 c 249 s 11,31; 1992
c 486 s 8; 1992 c 513 art 3 s 59; 1996 c 418 s 7; 2005 c 136 art 8 s 16

340A.409 LIABILITY INSURANCE.
    Subdivision 1. Insurance required. No retail license may be issued, maintained or renewed
unless the applicant demonstrates proof of financial responsibility with regard to liability imposed
by section 340A.801. The issuing authority must submit to the commissioner the applicant's
proof of financial responsibility. This subdivision does not prohibit a local unit of government
from requiring higher insurance or bond coverages, or a larger deposit of cash or securities. The
minimum requirement for proof of financial responsibility may be given by filing:
(1) a certificate that there is in effect for the license period an insurance policy issued by an
insurer required to be licensed under section 60A.07, subdivision 4, or by an insurer recognized as
an eligible surplus lines carrier pursuant to section 60A.206 or pool providing at least $50,000 of
coverage because of bodily injury to any one person in any one occurrence, $100,000 because
of bodily injury to two or more persons in any one occurrence, $10,000 because of injury to or
destruction of property of others in any one occurrence, $50,000 for loss of means of support
of any one person in any one occurrence, and $100,000 for loss of means of support of two or
more persons in any one occurrence;
(2) a bond of a surety company with minimum coverages as provided in clause (1); or
(3) a certificate of the commissioner of finance that the licensee has deposited with the
commissioner of finance $100,000 in cash or securities which may legally be purchased by
savings banks or for trust funds having a market value of $100,000.
This subdivision does not prohibit an insurer from providing the coverage required by this
subdivision in combination with other insurance coverage.
An annual aggregate policy limit for dram shop insurance of not less than $300,000 per
policy year may be included in the policy provisions.
A liability insurance policy required by this section must provide that it may not be canceled
for:
(1) any cause, except for nonpayment of premium, by either the insured or the insurer unless
the canceling party has first given 30 days' notice in writing to the issuing authority of intent to
cancel the policy; and
(2) nonpayment of premium unless the canceling party has first given ten days' notice in
writing to the issuing authority of intent to cancel the policy.
    Subd. 2. Market assistance. The market assistance plan of the Minnesota Joint Underwriting
Association shall assist licensees in obtaining insurance coverage.
    Subd. 3. Minnesota Joint Underwriting Association. (a) The Minnesota Joint Underwriting
Association shall provide coverage required by subdivision 1 to persons rejected under this
subdivision.
(b) A liquor vendor shall be denied or terminated from coverage through the Minnesota
Joint Underwriting Association if the liquor vendor disregards safety standards, laws, rules, or
ordinances pertaining to the offer, sale, or other distribution of liquor.
    Subd. 3a. Notification by insurer of status of claim. Upon the request of the insured, an
insurer who is providing coverage required by subdivision 1 shall inform the insured of the status
of any claims made under the policy. The information must include:
(1) the employees of the insured that may be involved and the nature of their involvement;
(2) any amount the insurer is holding in reserve for payment of a claim or has paid in the
disposition of the claim; and
(3) any amount paid in the defense of the claim.
This subdivision does not require disclosure of otherwise nondiscoverable information to an
adverse party in litigation.
    Subd. 4. Insurance not required. Subdivision 1 does not apply to licensees who by affidavit
establish that:
(1) they are on-sale 3.2 percent malt liquor licensees with sales of less than $25,000 of
3.2 percent malt liquor for the preceding year;
(2) they are off-sale 3.2 percent malt liquor licensees with sales of less than $50,000 of
3.2 percent malt liquor for the preceding year;
(3) they are holders of on-sale wine licenses with sales of less than $25,000 for wine for
the preceding year; or
(4) they are holders of temporary wine licenses issued under law.
History: 1985 c 200 s 2; 1985 c 305 art 6 s 9; 1985 c 309 s 7-9; 1Sp1985 c 16 art 2 s 3 subd
1; 1Sp1986 c 3 art 1 s 38; 1987 c 107 s 1; 1987 c 152 art 1 s 1; 1988 c 534 s 1; 1991 c 249 s 31;
1994 c 485 s 61,62; 1997 c 129 art 1 s 5,6; 2003 c 112 art 2 s 50

340A.410 LICENSE RESTRICTIONS; GENERAL.
    Subdivision 1. Counties; town consent. A county may not issue a retail license to sell
any alcoholic beverage within an organized town unless the governing body of the town has
consented to the issuance of the license.
    Subd. 2. Counties; recommendation and review of applicants. (1) No county may issue
or renew a retail license to sell any alcoholic beverage until the county board has received a
written recommendation from the sheriff and county attorney stating that to the best of their
knowledge that the applicant is eligible to be licensed under section 340A.402. A copy of the
statements must be given to the town board if a town's consent is required for issuance of the
license under subdivision 3.
(2) The county board shall consider the recommendations of the sheriff and county attorney,
the character and reputation of the applicant, and the nature and location of the business prior
to issuance of any license.
    Subd. 3. License extension; death of licensee. In the case of the death of a retail licensee to
sell alcoholic beverages, the personal representative is authorized to continue operation of the
business for not more than 90 days after the death of the licensee.
    Subd. 4. License posting. A retail license to sell alcoholic beverages must be posted in a
conspicuous place in the premises for which it is used.
    Subd. 4a.[Repealed, 1996 c 418 s 18]
    Subd. 4b. Notice posting. (a) A premises licensed for the retail sale of alcoholic beverages
and a municipal liquor store must post and maintain in a conspicuous place within the licensed
premises clearly visible to consumers: one sign 14-1/2 inches wide by 8 inches high as designed
by the commissioners of health and public safety, which incorporates the following information:
(1) the penalties of driving while under the influence of alcohol;
(2) penalties for serving alcoholic beverages to a person who is obviously intoxicated or
under 21 years of age; and
(3) a warning statement regarding drinking alcohol while pregnant.
(b) The commissioners of health and public safety shall design a sign that complies with this
subdivision and shall make the sign available for reproduction. A retail licensee or municipal
liquor store may not modify the sign design but may modify the color.
    Subd. 5. Gambling prohibited. (a) Except as otherwise provided in this subdivision, no
retail establishment licensed to sell alcoholic beverages may keep, possess, or operate, or permit
the keeping, possession, or operation on the licensed premises of dice or any gambling device as
defined in section 349.30, or permit gambling therein.
(b) Gambling equipment may be kept or operated and raffles conducted on licensed premises
and adjoining rooms when the use of the gambling equipment is authorized by (1) chapter 349,
(2) a tribal ordinance in conformity with the Indian Gaming Regulatory Act, Public Law 100-497,
or (3) a tribal-state compact authorized under section 3.9221.
(c) Lottery tickets may be purchased and sold within the licensed premises as authorized by
the director of the lottery under chapter 349A.
(d) Dice may be kept and used on licensed premises and adjoining rooms as authorized
by section 609.761, subdivision 4.
    Subd. 6. Racial discrimination; clubs. No retail license to sell alcoholic beverages may be
issued or renewed by a municipality or county to a club which discriminates against members or
applicants for membership or guests of members on the basis of race.
    Subd. 7. License limited to space specified. A licensing authority may issue a retail alcoholic
beverage license only for a space that is compact and contiguous. A retail alcoholic beverage
license is only effective for the licensed premises specified in the approved license application.
    Subd. 8. Copy of summons. Every application for the issuance or renewal of intoxicating or
3.2 percent malt liquor licenses must include a copy of each summons received by the applicant
under section 340A.802 during the preceding year.
    Subd. 9. Coin-operated devices. Coin-operated amusement devices may not be made
available in establishments licensed solely for the off-sale of intoxicating liquor or municipal
stores which sell only at off-sale. An establishment holding a combination on-sale and off-sale
license or a municipal liquor store which sells at on-sale and off-sale which makes coin-operated
devices available shall keep such devices to the greatest extent practicable in that area of the
establishment where on-sales are made.
    Subd. 10. Temporary licenses; restrictions. (a) A municipality may not issue more than
three four-day, four three-day, six two-day, or 12 one-day temporary licenses, in any combination
not to exceed 12 days per year, under section 340A.404, subdivision 10, for the sale of alcoholic
beverages to any one organization or registered political committee, or for any one location,
within a 12-month period.
(b) A municipality may not issue more than one temporary license under section 340A.404,
subdivision 10 , for the sale of alcoholic beverages to any one organization or registered political
committee, or for any one location, within any 30-day period unless the licenses are issued in
connection with an event officially designated a community festival by the municipality.
This restriction does not apply to a municipality with a population of 5,000 or fewer people.
(c) A municipality that issues separate temporary wine and liquor licenses may separately
apply the limitations contained in paragraphs (a) and (b) to the issuance of such licenses to any
one organization or registered political committee, or for any one location.
History: 1985 c 305 art 6 s 10; 1Sp1986 c 3 art 1 s 39; 1987 c 152 art 1 s 1; 1987 c 381 s 4;
1989 c 334 art 6 s 5; 1991 c 178 s 1; 1991 c 249 s 12; 1993 c 350 s 10; 1994 c 611 s 21; 1995 c
42 s 2; 1996 c 323 s 1,4; 1996 c 418 s 8; 1998 c 364 s 5; 1999 c 187 s 1

340A.411 LICENSE RESTRICTIONS; 3.2 PERCENT MALT LIQUOR LICENSES.
    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.
    Subd. 2. License duration. All retail 3.2 percent malt liquor licenses must be issued for one
year, except that for the purpose of coordinating the time of expiration of licenses in general,
licenses may be issued for a shorter time, in which case a pro rata license fee must be charged.
    Subd. 3. Terminology. A political subdivision may not issue a 3.2 percent malt liquor license
that includes the term "nonintoxicating liquor."
History: 1985 c 305 art 6 s 11; 1987 c 5 s 3; 1987 c 152 art 1 s 1; 1991 c 249 s 31; 1996 c
323 s 2,3; 2003 c 126 s 8

340A.412 LICENSE RESTRICTIONS; INTOXICATING LIQUOR LICENSES.
    Subdivision 1.[Repealed, 1989 c 49 s 8]
    Subd. 2. Investigation of on-sale licenses. (a) The city or county having jurisdiction over
on-sale licenses to sell intoxicating liquor shall on initial application for an on-sale license
or on application for a transfer of an existing license conduct a preliminary background and
financial investigation of the applicant. The application must be in the form prescribed by the
commissioner and with any additional information as the governing body of the city or county
having jurisdiction over the license requires. If the governing body of the city or county having
jurisdiction determines or if the commissioner on the commissioner's own initiative determines
that a comprehensive background and investigation of the applicant is necessary, the governing
body may conduct the investigation itself or contract with the commissioner for the investigation.
In addition, an investigation may be required prior to renewal of an existing on-sale license
when the governing body of the city or county deems it in the public interest. An investigation
fee not to exceed $500 shall be charged an applicant by the city or county if the investigation
is conducted within the state, or the actual cost not to exceed $10,000 if the investigation is
required outside the state.
(b) No license may be issued, transferred, or renewed if the results of the investigation
show, to the satisfaction of the governing body, that issuance, transfer, or renewal would not be
in the public interest.
    Subd. 3. Limitations on issuance of licenses to one person or place. (a) A municipality may
not issue more than one off-sale intoxicating liquor license to any one person or for any one place.
(b) A municipality may not allow the same business name to be used by more than one
of its off-sale intoxicating liquor licensees.
(c) For purposes of this subdivision, "person" means:
(1) a holder of an off-sale intoxicating liquor license;
(2) an officer, director, agent, or employee of a holder of an off-sale intoxicating liquor
license; or
(3) an affiliate of a holder of an off-sale intoxicating liquor license, regardless of whether the
affiliation is corporate or by management, direction, or control.
    Subd. 4. Licenses prohibited in certain areas. (a) No license to sell intoxicating liquor may
be issued within the following areas:
(1) where restricted against commercial use through zoning ordinances and other proceedings
or legal processes regularly had for that purpose, except licenses may be issued to restaurants in
areas which were restricted against commercial uses after the establishment of the restaurant;
(2) within the Capitol or on the Capitol grounds, except as provided under Laws 1983,
chapter 259, section 9, or Laws 1999, chapter 202, section 13;
(3) on the State Fairgrounds or at any place in a city of the first class within one-half mile of
the fairgrounds, except as otherwise provided by charter;
(4) on the campus of the College of Agriculture of the University of Minnesota or at any
place in a city of the first class within one-half mile of the campus, provided that a city may
issue one on-sale wine license and one off-sale intoxicating liquor license in this area that is not
included in the area described in clause (3), except as provided by charter;
(5) within 1,000 feet of a state hospital, training school, reformatory, prison, or other
institution under the supervision or control, in whole or in part, of the commissioner of human
services or the commissioner of corrections;
(6) in a town or municipality in which a majority of votes at the last election at which the
question of license was voted upon were not in favor of license under section 340A.416, or within
one-half mile of any such town or municipality, except that intoxicating liquor manufactured
within this radius may be sold to be consumed outside it;
(7) at any place on the east side of the Mississippi River within one-tenth of a mile of the
main building of the University of Minnesota unless (i) the licensed establishment is on property
owned or operated by a nonprofit corporation organized prior to January 1, 1940, for and by former
students of the University of Minnesota, or (ii) the licensed premises is Northrop Auditorium;
(8) within 1,500 feet of a state university, except that:
(i) the minimum distance in the case of Winona and Southwest State University is 1,200
feet, measured by a direct line from the nearest corner of the administration building to the
main entrance of the licensed establishment;
(ii) within 1,500 feet of St. Cloud State University one on-sale wine and two off-sale
intoxicating liquor licenses may be issued, measured by a direct line from the nearest corner of
the administration building to the main entrance of the licensed establishment;
(iii) at Mankato State University the distance is measured from the front door of the student
union of the Highland campus;
(iv) a temporary license under section 340A.404, subdivision 10, may be issued to a location
on the grounds of a state university for an event sponsored or approved by the state university; and
(v) this restriction does not apply to the area surrounding the premises of Metropolitan
State University in Minneapolis; and
(9) within 1,500 feet of any public school that is not within a city.
(b) The restrictions of this subdivision do not apply to a manufacturer or wholesaler of
intoxicating liquor or to a drugstore or to a person who had a license originally issued lawfully
prior to July 1, 1967.
    Subd. 5. Licenses in connection with premises of another. An intoxicating liquor license
may not be issued to a person in connection with the premises of another to whom a license
could not be issued under the provisions of this chapter. This subdivision does not prevent the
granting of a license to a proper lessee because the person has leased the premises of a minor, a
noncitizen who is not a resident alien, or a person who has been convicted of a crime other than
a violation of this chapter.
    Subd. 6. Off-sale licenses where 3.2 percent malt liquor is sold. An off-sale intoxicating
liquor license may not be issued to a place where 3.2 percent malt liquor is sold for consumption
on the premises. This subdivision does not apply to those places where both an on-sale and
off-sale license or a combination license have been issued under section 340A.406.
    Subd. 7. Drugstores. No intoxicating liquor license may be issued to a person operating a
drugstore unless the person has operated it for at least two years or has purchased a drugstore
that has been in continuous operation for two or more years.
    Subd. 8. Expiration date. All intoxicating liquor licenses issued by a county or a city, other
than cities of the first class, must expire on the same date.
    Subd. 9. License transfer. A license may be transferred with the consent of the issuing
authority, provided that a license issued to a location at a racetrack licensed under chapter 240
may not be transferred. Where a license is held by a corporation, a change in ownership of ten
percent or more of the stock of the corporation must be reported in writing to the authority who
issued the license within ten days of the transfer.
    Subd. 10. Employment of minors. No person under 18 years of age may serve or sell
intoxicating liquor in a retail intoxicating liquor establishment.
    Subd. 11. Reissuance of licenses in certain cities. A city having territory in which the sale
of intoxicating liquor has been prohibited by law or charter and in which real property taken for
a public purpose by negotiation or eminent domain proceedings was, immediately prior to the
taking, actually and lawfully used for the sale of intoxicating liquor, may reissue the license
previously issued to the location at any otherwise lawful location in the city. A change of location
due to taking after July 1, 1972, must have been accomplished by July 1, 1976, but these licenses
may be renewed, reissued, transferred, or relocated after that date.
    Subd. 12. Off-site storage prohibition. A holder of a retail intoxicating liquor license or a
municipal liquor store may not store any intoxicating liquor at any location other than the licensed
premises except with the written permission of the commissioner.
    Subd. 13. First class cities; renewal of inactive licenses prohibited. A city of the first class
may not renew an on-sale intoxicating liquor license if the holder of the license has not made
on-sales authorized by the license at any time during the one-year period immediately prior to
the date of renewal.
    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;
(3) ice;
(4) beverages, either liquid or powder, specifically designated for mixing with intoxicating
liquor;
(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; and
(11) 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.
History: 1985 c 305 art 6 s 12; 1985 c 309 s 10; 1Sp1985 c 16 art 2 s 3 subd 1; 1Sp1986 c 3
art 1 s 40,41; 1987 c 152 art 1 s 1; 1987 c 310 s 11; 1991 c 249 s 13-15,31; 1992 c 486 s 9; 1994
c 611 s 22; 1995 c 198 s 10; 1998 c 364 s 6; 1999 c 202 s 5; 2001 c 193 s 3; 2002 c 318 s 1;
2005 c 3 s 1; 2005 c 131 s 4; 2006 c 210 s 11

340A.413 RESTRICTIONS ON THE NUMBER OF INTOXICATING LIQUOR
LICENSES THAT MAY BE ISSUED.
    Subdivision 1. On-sale licenses. No on-sale intoxicating liquor license may be issued in any
city except as provided in this section in excess of the following limits:
(1) in cities of the first class, one license for every 1,500 population, up to 200 licenses;
(2) in cities of the second class, not more than 18 licenses plus one for every 2,500
population over 45,000;
(3) in cities of the third class, not more than 12 licenses;
(4) in cities of the fourth class, including cities whose acts of incorporation were repealed by
Laws 1973, chapter 123, article V, section 5, not more than seven licenses;
(5) in statutory cities of 5,000 to 10,000 population, not more than six licenses;
(6) in statutory cities of 2,500 to 5,000 population, not more than five licenses;
(7) in statutory cities of 500 to 2,500 population, not more than four licenses; and
(8) in statutory cities under 500 population, not more than three licenses.
    Subd. 2. Additional on-sale licenses permitted for cities in St. Louis County. For cities
in St. Louis County no on-sale liquor license may be issued in excess of the following limits,
without the approval of the commissioner:
(1) in cities of the third class, not more than 15 licenses;
(2) in cities of the fourth class, not more than nine licenses; and
(3) in statutory cities of 2,500 to 5,000 population, not more than six licenses.
    Subd. 3. Referendum for additional on-sale licenses. (a) The governing body of a city may
issue on-sale intoxicating liquor licenses over the number permitted under subdivision 1 when
authorized by the voters of the city at a general or special election.
(b) The governing body may direct that either of the following questions be placed on
the ballot:
(1) "Shall the city council be allowed to issue 'on-sale' licenses for the sale of intoxicating
liquor at retail in excess of the number permitted by law?

		Yes
		No "

(2) "Shall the city council be allowed to issue (a number to be determined by the governing
body) 'on-sale' licenses for the sale of intoxicating liquor at retail in excess of the number now
permitted by law?

		Yes
		No "

(c) If a majority of voters voting on the question in clause (1) vote yes, the governing body
may issue an unlimited number of on-sale licenses. If a majority of voters voting on the question
in clause (2) vote yes, the governing body may issue additional on-sale licenses in the number
stated in the question.
    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;
(3) establishments that are issued licenses to sell wine under section 340A.404, subdivision 5;
(4) theaters that are issued licenses under section 340A.404;
(5) hotels; and
(6) bowling centers.
    Subd. 5. Off-sale licenses. No off-sale intoxicating liquor license may be issued in any city,
except as provided in this section, in excess of the following limits:
(1) in cities of the first class, not more than one off-sale license for each 5,000 population; and
(2) in all other cities the limit shall be determined by the governing body of the city.
    Subd. 6. Area that has been annexed or consolidated. A license validly issued within the
number prescribed in this section is not rendered invalid or illegal by reason of the consolidation
or annexation of territory to a city and may continue to remain in effect and be renewed, except
that the limitations as to ownership under section 340A.412, subdivision 2.
History: 1985 c 305 art 6 s 13; 1987 c 152 art 1 s 1; 1990 c 554 s 13; 1991 c 249 s 16; 1996
c 418 s 9; 2003 c 126 s 9

340A.414 CONSUMPTION AND DISPLAY PERMITS.
    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.
    Subd. 1a. Additional authorization. A holder of a consumption and display permit under
this section who wishes to allow the consumption and display of intoxicating liquor between the
hours of 1:00 a.m. and 2:00 a.m. must obtain authorization to do so from the commissioner. The
authorization may be provided in a document issued to the permit holder by the commissioner, or
by a notation on the permit holder's permit. Authorizations are valid for one year from the date of
issuance. The annual fee for obtaining authorization is $200. The commissioner shall deposit all
fees received under this subdivision in the alcohol enforcement account in the special revenue
fund. A person who holds a consumption and display permit and who also holds a license to sell
alcoholic beverages at on-sale at the same location is not required to obtain an authorization
under this subdivision.
    Subd. 2. Eligibility for permit. (a) The commissioner may issue a permit under this section
only to:
(1) an applicant who has not, within five years prior to the application, been convicted of a
felony or of violating any provision of this chapter or rule adopted under this chapter;
(2) a restaurant;
(3) a hotel;
(4) an establishment licensed for the sale of 3.2 percent malt liquor;
(5) a resort as defined in section 157.15;
(6) a club as defined in section 340A.101, subdivision 7, or an unincorporated club otherwise
meeting that definition; and
(7) a bed and breakfast facility as defined in section 340A.411, subdivision 1.
(b) The commissioner may not issue a permit to a club holding an on-sale intoxicating
liquor license.
    Subd. 3. Only authorized to permit the consumption and display. A permit issued under
this section authorizes the establishment to permit the consumption and display of intoxicating
liquor on the premises. The permit does not authorize the sale of intoxicating liquor.
    Subd. 4. Permit expiration. All permits issued under this section expire on March 31 of
each year.
    Subd. 5. Local consent required. A permit issued under this section is not effective until
approved by the governing body of the city or county where the establishment is located.
    Subd. 6. Permit fees. The annual fee for issuance of a permit under this section is $250. The
governing body of a city or county where the establishment is located may impose an additional
fee of not more than $300.
    Subd. 7. Inspection. An establishment holding a permit under this section is open for
inspection by the commissioner and the commissioner's representative and by peace officers, who
may enter and inspect during reasonable hours. Intoxicating liquor sold, served, or displayed in
violation of law may be seized and may be disposed of under section 297G.20.
    Subd. 8. Lockers. A club issued a permit under this section may allow members to bring and
keep a personal supply of intoxicating liquor in lockers on the club's premises. All bottles kept on
the premises must have attached to it a label signed by the member. No person under 21 years of
age may keep a supply of intoxicating liquor on club premises.
    Subd. 9. One-day city permits. A city may issue a one-day permit for the consumption and
display of intoxicating liquor under this section to a nonprofit organization in conjunction with
a social activity in the city sponsored by the organization. The permit must be approved by the
commissioner and is valid only for the day indicated on the permit. The fee for the permit may not
exceed $25. A city may not issue more than ten permits under this section in any one year.
History: 1985 c 305 art 6 s 14; 1Sp1985 c 16 art 2 s 3 subd 1; 1987 c 152 art 1 s 1; 1989 c
209 art 1 s 34; 1991 c 249 s 17,18,31; 1995 c 198 s 11; 1995 c 207 art 9 s 60; 1997 c 179 art 2 s
4; 1Sp2003 c 19 art 2 s 58,79; 2005 c 136 art 8 s 17; 2006 c 210 s 12

340A.415 LICENSE REVOCATION OR SUSPENSION; CIVIL PENALTY.
On a finding that the license or permit holder has (1) sold alcoholic beverages to another
retail licensee for the purpose of resale, (2) purchased alcoholic beverages from another retail
licensee for the purpose of resale, (3) conducted or permitted the conduct of gambling on the
licensed premises in violation of the law, (4) failed to remove or dispose of alcoholic beverages
when ordered by the commissioner to do so under section 340A.508, subdivision 3, or (5) failed
to comply with an applicable statute, rule, or ordinance relating to alcoholic beverages, the
commissioner or the authority issuing a retail license or permit under this chapter may revoke
the license or permit, suspend the license or permit for up to 60 days, impose a civil penalty of
up to $2,000 for each violation, or impose any combination of these sanctions. No suspension
or revocation takes effect until the license or permit holder has been given an opportunity for a
hearing under sections 14.57 to 14.69 of the Administrative Procedure Act. This section does
not require a political subdivision to conduct the hearing before an employee of the Office of
Administrative Hearings. Imposition of a penalty or suspension by either the issuing authority
or the commissioner does not preclude imposition of an additional penalty or suspension by the
other so long as the total penalty or suspension does not exceed the stated maximum.
History: 1985 c 248 s 70; 1985 c 305 art 6 s 15; 1985 c 309 s 11; 1Sp1985 c 16 art 2 s 3
subd 1; 1Sp1986 c 3 art 1 s 42; 1987 c 152 art 1 s 1; 1987 c 310 s 12; 1988 c 534 s 2; 1991 c
249 s 19; 1993 c 350 s 11; 1994 c 611 s 23

340A.416 LOCAL OPTION ELECTION.
    Subdivision 1. Petition. Upon receipt of a petition signed by 30 percent of the persons voting
at the last city election or 200 registered voters residing in the city, whichever is less, a statutory
city or home rule charter city of the fourth class shall place before the voters of the city the
question of whether the city will issue intoxicating liquor licenses.
    Subd. 2. Ballot question. The question of the referendum under this section must be on a
separate ballot and must allow the voters to vote either "for license" or "against license."
    Subd. 3. Effect of election results. If a majority of persons voting on the referendum
question vote "against license," the city may not issue intoxicating liquor licenses until the results
of the referendum have been reversed at a subsequent election where the question has been
submitted as provided in this section.
    Subd. 4. Certification. The clerk or recorder must certify results of a referendum held under
this section within ten days of the election.
    Subd. 5. Challenge of election. Where the results of a referendum under this section are
challenged by any voter, the county attorney of the county where the election was held must
appear in defense of the validity of the election.
History: 1985 c 305 art 6 s 16; 1987 c 152 art 1 s 1; 1994 c 611 s 24; 2004 c 251 s 18

340A.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.".
(c) No person may (1) advertise shipments authorized under this section, (2) by advertisement
or otherwise, solicit shipments authorized by this section, or (3) accept orders for shipments
authorized by this section by use of the Internet. No shipper located outside Minnesota may
advertise interstate reciprocal wine shipments in Minnesota.
(d) 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 use.
(e) No criminal penalty may be imposed on a person for a violation of this section other than
a violation described in paragraph (f) or (g). 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.
(f) Any person who violates this section within two years of a violation for which a cease
and desist order was issued under paragraph (e), is guilty of a misdemeanor.
(g) Any person who commits a third or subsequent violation of this section, 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.
History: 1993 c 350 s 12; 1997 c 129 art 1 s 7; 1997 c 179 art 2 s 5; 1999 c 202 s 6;
2005 c 131 s 5

340A.418 WINE TASTINGS.
    Subdivision 1. Definition. For purposes of this section, a "wine tasting" is an event at which
persons pay a fee or donation to participate, and are allowed to consume wine by the glass without
paying a separate charge for each glass.
    Subd. 2. Tastings authorized. (a) A charitable, religious, or other nonprofit organization
may conduct a wine tasting of not more than four hours duration on premises the organization
owns or leases or has use donated to it, or on the licensed premises of a holder of an on-sale
intoxicating liquor license that is not a temporary license, if the organization holds a temporary
on-sale intoxicating liquor license under section 340A.404, subdivision 10, and complies with
this section. An organization holding a temporary license may be assisted in conducting the
wine tasting by another nonprofit organization.
(b) An organization that conducts a wine tasting under this section may use the net proceeds
from the wine tasting only for:
(1) the organization's primary nonprofit purpose; or
(2) donation to another nonprofit organization assisting in the wine tasting, if the other
nonprofit organization uses the donation only for that organization's primary nonprofit purpose.
(c) No wine at a wine tasting under this section may be sold, or orders taken, for off-premises
consumption.
(d) Notwithstanding any other law, an organization may purchase or otherwise obtain wine
for a wine tasting conducted under this section from a wholesaler licensed to sell wine, and the
wholesaler may sell or give wine to an organization for a wine tasting conducted under this
section and may provide personnel to assist in the wine tasting. A wholesaler who sells or gives
wine to an organization for a wine tasting under this section must deliver the wine directly to the
location where the wine tasting is conducted.
(e) This section does not prohibit or restrict a wine tasting that is:
(1) located on on-sale premises where no charitable organization is participating; or
(2) located on on-sale premises where the proceeds are for a designated charity but where the
tasting is primarily for educational purposes.
(f) The four-hour limitation specified in paragraph (a) shall not apply to a wine tasting at a
convention of fine wine and gourmet food exhibitors, provided the convention has at least 100
exhibitors and takes place over not more than three days.
History: 1994 c 611 s 25; 1996 c 418 s 10; 2005 c 131 s 6

340A.419 WINE TASTINGS CONDUCTED BY EXCLUSIVE LIQUOR STORE.
    Subdivision 1. Definition. For purposes of this section, a "wine tasting" is an event of
not more than four hours' duration at which persons pay a fee to participate and are allowed to
consume wine by the glass without paying a separate charge for each glass.
    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 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 the tasting.
History: 2000 c 440 s 5

340A.501 RESPONSIBILITY OF LICENSEE.
Every licensee is responsible for the conduct in the licensed establishment and any sale of
alcoholic beverage by any employee authorized to sell alcoholic beverages in the establishment is
the act of the licensee for the purposes of all provisions of this chapter except sections 340A.701,
340A.702, and 340A.703.
History: 1985 c 305 art 7 s 1; 1987 c 152 art 1 s 1; art 2 s 2

340A.502 SALES TO OBVIOUSLY INTOXICATED PERSONS.
No person may sell, give, furnish, or in any way procure for another alcoholic beverages for
the use of an obviously intoxicated person.
History: 1985 c 305 art 7 s 2; 1987 c 152 art 1 s 1

340A.503 PERSONS UNDER 21; ILLEGAL ACTS.
    Subdivision 1. Consumption. (a) It is unlawful for any:
(1) retail intoxicating liquor or 3.2 percent malt liquor licensee, municipal liquor store, or
bottle club permit holder under section 340A.414, to permit any person under the age of 21 years
to drink alcoholic beverages on the licensed premises or within the municipal liquor store; or
(2) person under the age of 21 years to consume any alcoholic beverages. If proven by a
preponderance of the evidence, it is an affirmative defense to a violation of this clause that the
defendant consumed the alcoholic beverage in the household of the defendant's parent or guardian
and with the consent of the parent or guardian.
(b) An offense under paragraph (a), clause (2), may be prosecuted either in the jurisdiction
where consumption occurs or the jurisdiction where evidence of consumption is observed.
(c) As used in this subdivision, "consume" includes the ingestion of an alcoholic beverage
and the physical condition of having ingested an alcoholic beverage.
    Subd. 2. Purchasing. It is unlawful for any person:
(1) to sell, barter, furnish, or give alcoholic beverages to a person under 21 years of age;
(2) under the age of 21 years to purchase or attempt to purchase any alcoholic beverage
unless under the supervision of a responsible person over the age of 21 for training, education, or
research purposes. Prior notification of the licensing authority is required unless the supervised
alcohol purchase attempt is for professional research conducted by postsecondary educational
institutions or state, county, or local health departments; or
(3) to induce a person under the age of 21 years to purchase or procure any alcoholic
beverage, or to lend or knowingly permit the use of the person's driver's license, permit, Minnesota
identification card, or other form of identification by a person under the age of 21 years for the
purpose of purchasing or attempting to purchase an alcoholic beverage.
If proven by a preponderance of the evidence, it shall be an affirmative defense to a violation
of clause (1) that the defendant is the parent or guardian of the person under 21 years of age and
that the defendant gave or furnished the alcoholic beverage to that person solely for consumption
in the defendant's household.
    Subd. 3. Possession. It is unlawful for a person under the age of 21 years to possess any
alcoholic beverage with the intent to consume it at a place other than the household of the person's
parent or guardian. Possession at a place other than the household of the parent or guardian creates
a rebuttable presumption of intent to consume it at a place other than the household of the parent
or guardian. This presumption may be rebutted by a preponderance of the evidence.
    Subd. 4. Entering licensed premises. (a) It is unlawful for a person under the age of 21
years to enter an establishment licensed for the sale of alcoholic beverages or any municipal
liquor store for the purpose of purchasing or having served or delivered any alcoholic beverage.
(b) Notwithstanding section 340A.509, no ordinance enacted by a statutory or home rule
charter city may prohibit a person 18, 19, or 20 years old from entering an establishment licensed
under this chapter to:
(1) perform work for the establishment, including the serving of alcoholic beverages, unless
otherwise prohibited by section 340A.412, subdivision 10;
(2) consume meals; and
(3) attend social functions that are held in a portion of the establishment where liquor is not
sold.
    Subd. 5. Misrepresentation of age. It is unlawful for a person under the age of 21 years to
claim to be 21 years old or older for the purpose of purchasing alcoholic beverages.
    Subd. 5a. Attainment of age. With respect to purchasing, possessing, consuming, selling,
furnishing, and serving alcoholic beverages, a person is not 21 years of age until 8:00 a.m. on the
day of that person's 21st birthday.
    Subd. 6. Proof of age; defense; seizure of false identification. (a) Proof of age for
purchasing or consuming alcoholic beverages may be established only by one of the following:
(1) a valid driver's license or identification card issued by Minnesota, another state, or a
province of Canada, and including the photograph and date of birth of the licensed person;
(2) a valid military identification card issued by the United States Department of Defense;
(3) a valid passport issued by the United States; or
(4) in the case of a foreign national, by a valid passport.
(b) In a prosecution under subdivision 2, clause (1), it is a defense for the defendant to prove
by a preponderance of the evidence that the defendant reasonably and in good faith relied upon
representations of proof of age authorized in paragraph (a) in selling, bartering, furnishing, or
giving the alcoholic beverage.
(c) A licensed retailer or municipal liquor store may seize a form of identification listed
under paragraph (a) if the retailer or municipal liquor store has reasonable grounds to believe
that the form of identification has been altered or falsified or is being used to violate any law.
A retailer or municipal liquor store that seizes a form of identification as authorized under this
paragraph must deliver it to a law enforcement agency, within 24 hours of seizing it.
    Subd. 7.[Repealed, 1989 c 351 s 19]
History: 1985 c 305 art 7 s 3; 1986 c 330 s 6; 1986 c 444; 1987 c 152 art 1 s 1; 1989 c
301 s 13,14; 1990 c 602 art 5 s 2-4; 1991 c 68 s 1; 1991 c 249 s 20; 1993 c 347 s 21; 1993 c
350 s 13; 1994 c 615 s 21; 1995 c 185 s 7; 1995 c 186 s 67; 1996 c 323 s 4; 1996 c 442 s 24;
1Sp1997 c 2 s 57; 1999 c 202 s 7; 2000 c 472 s 3; 2005 c 131 s 7

340A.504 HOURS AND DAYS OF SALE.
    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 10:00 a.m. on Sunday.
    Subd. 2. Intoxicating liquor; 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 Saturday;
(2) after 2:00 a.m. on Sundays, except as provided by subdivision 3.
    Subd. 2a. Certain dispensing exempt. Where a hotel possessing an on-sale intoxicating
liquor license places containers of intoxicating liquor in cabinets in hotel rooms for the use of
guests staying in those hotel rooms, and a charge is made for withdrawals from those cabinets, the
dispensing of intoxicating liquor from those cabinets does not constitute a sale for purposes of
subdivision 2.
    Subd. 3. Intoxicating liquor; Sunday sales; 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 10:00 a.m. on Sundays and 2:00 a.m. on Mondays.
(b) 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.
(c) 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 (d). 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.
(d) 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 the annual
election of town officers.
(e) 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 $75, plus $30 for each duplicate.
    Subd. 4. Intoxicating liquor; off-sale. No sale of intoxicating liquor may be made by
an off-sale licensee:
(1) on Sundays;
(2) before 8:00 a.m. or after 10:00 p.m. on Monday through Saturday;
(3) on Thanksgiving Day;
(4) on Christmas Day, December 25; or
(5) after 8:00 p.m. on Christmas Eve, December 24.
    Subd. 5. Bottle clubs. No establishment licensed under section 340A.414, may permit
a person to consume or display intoxicating liquor, and no person may consume or display
intoxicating liquor between 1:00 a.m. and 12:00 noon on Sundays, and between 1:00 a.m. and
8:00 a.m. on Monday through Saturday.
    Subd. 6. Municipalities may limit hours. A municipality may further limit the hours of on
and off sales of alcoholic beverages, provided that further restricted on-sale hours for intoxicating
liquor must apply equally to on-sale hours of 3.2 percent malt liquor. A city may not permit the
sale of alcoholic beverages during hours when the sale is prohibited by this section.
    Subd. 7. Sales after 1:00 a.m.; permit fee. (a) No licensee may sell intoxicating liquor or
3.2 percent malt liquor on-sale between the hours of 1:00 a.m. and 2:00 a.m. unless the licensee
has obtained a permit from the commissioner. Application for the permit must be on a form the
commissioner prescribes. Permits are effective for one year from date of issuance. For retailers of
intoxicating liquor, the fee for the permit is based on the licensee's gross receipts from on-sales of
alcoholic beverages in the 12 months prior to the month in which the permit is issued, and is at
the following rates:
(1) up to $100,000 in gross receipts, $300;
(2) over $100,000 but not over $500,000 in gross receipts, $750; and
(3) over $500,000 in gross receipts, $1,000.
For a licensed retailer of intoxicating liquor who did not sell intoxicating liquor at on-sale
for a full 12 months prior to the month in which the permit is issued, the fee is $200. For a
retailer of 3.2 percent malt liquor, the fee is $200.
(b) The commissioner shall deposit all permit fees received under this subdivision in the
alcohol enforcement account in the special revenue fund.
(c) Notwithstanding any law to the contrary, the commissioner of revenue may furnish to the
commissioner the information necessary to administer and enforce this subdivision.
History: 1985 c 139 s 1; 1985 c 305 art 7 s 4; 1Sp1985 c 16 art 2 s 3 subd 1; 1987 c 5 s 4;
1987 c 152 art 1 s 1; 1988 c 420 s 1; 1989 c 49 s 3-5; 1990 c 554 s 14; 1991 c 249 s 21,22,31;
1992 c 513 art 3 s 60; 1994 c 611 s 26; 1997 c 129 art 1 s 8; 2002 c 318 s 2; 2003 c 126 s 10-12;
1Sp2003 c 19 art 2 s 59,79; 2005 c 131 s 8-10; 2005 c 136 art 8 s 18,19; 2006 c 210 s 13

340A.505 LICENSEE MAY NOT SELL FOR RESALE.
A retail licensee may not sell alcoholic beverages to any person for the purpose of resale or
to any person whom the licensee has reason to believe intends to resell the alcoholic beverage
without written approval of the commissioner.
History: 1985 c 305 art 7 s 5; 1987 c 152 art 1 s 1

340A.506 SALES OF ETHYL ALCOHOL AND NEUTRAL SPIRITS PROHIBITED.
    Subdivision 1. Ethyl alcohol; neutral spirits. No person may sell at retail for beverage
purposes ethyl alcohol or neutral spirits, or substitutes thereof, possessing the taste, aroma, and
characteristics generally attributed to ethyl alcohol or neutral spirits. Nothing in this section
prohibits the manufacture or sale of other products obtained by use of ethyl alcohol or neutral
spirits as defined in United States Treasury Department, Bureau of Internal Revenue, Regulations
125, Article II, Standards of Identity for Distilled Spirits.
    Subd. 2. Maximum alcohol content. No person may sell for beverage purposes any spirits,
distilled from grain or corn, with an alcohol content of 80 percent or more, which equals 160
proof or more, unless such spirits have been aged in wood casks for not less than two years.
History: 1985 c 305 art 7 s 6; 1987 c 152 art 1 s 1; 1991 c 249 s 23

340A.507 REGULATION OF ADVERTISING.
    Subdivision 1. Rules. The commissioner may by rule regulate the advertising of alcoholic
beverages. Rules must be adopted under chapter 14.
    Subd. 2. Wine catalogs. No rule may be construed as prohibiting the advertising of wines
by off-sale licensees or municipal liquor stores by means of catalogs distributed by direct mail
listing not less than 25 varieties of wine and the price of each.
    Subd. 3. Border cities. No rule may prohibit the advertising of intoxicating liquor prices by
an off-sale licensee in a newspaper of general circulation published in an adjoining state if it is the
primary newspaper of general circulation in the licensee's area.
    Subd. 4. Campus contests restricted. No manufacturer, wholesaler, or retailer of
alcoholic beverages, whether holding a license in Minnesota or not, may conduct, sponsor, or
contribute financially to events or activities that are held on the campuses or other property of a
postsecondary institution of learning, and involve the consumption or sale of alcoholic beverages.
This subdivision does not affect on-campus, licensed retailers of alcoholic beverages.
History: 1985 c 305 art 7 s 7; 1986 c 330 s 7; 1987 c 152 art 1 s 1

340A.5071 COUPONS PROHIBITED.
A retailer of alcoholic beverages may not accept as full or partial payment for any product
any coupons that are redeemed directly or indirectly from a manufacturer or wholesaler of
alcoholic beverages.
History: 1994 c 611 s 27

340A.508 TAMPERING OR REFILLING BOTTLES.
    Subdivision 1. Refilling bottles. It is unlawful for a person to sell, offer for sale, or keep for
sale alcoholic beverages in a package or bottle which has been refilled or partly refilled.
    Subd. 2. Tampering or diluting contents. It is unlawful for a person holding a retail
intoxicating liquor license or a 3.2 percent malt liquor license, directly or indirectly through an
agent, employee, or other person, to dilute or in any manner tamper with the contents of an
original package or bottle so as to change its composition or alcoholic content while the contents
are in the original package or bottle. Possession on the premises by a licensee of alcoholic
beverages in the original package or bottle, differing in composition or alcoholic content from
when it was received from the manufacturer or wholesaler from whom it was purchased, is prima
facie evidence that the contents of the original package or bottle has been diluted, changed,
or tampered with in violation of this section.
    Subd. 3. Purity of contents. The commissioner may examine the contents of any container
of alcoholic beverages on the premises of any licensee under this chapter or any municipal liquor
store, for the purpose of determining the purity of the alcoholic beverages. The commissioner
may remove any container, or remove all or part of the contents thereof, for the purpose of
conducting tests of purity. The commissioner may order the removal from inventory of any
container the contents of which fail to meet standards of purity established by rules adopted
under this subdivision, and may order the disposal of the contents. The commissioner may adopt
rules that (1) provide standards of purity for alcoholic beverages and procedures for testing for
purity, and (2) govern the removal from inventory and disposal of alcoholic beverages that do not
meet the commissioner's standards of purity.
    Subd. 4. Premix and dispensing machines. Nothing in this section prohibits use by an
on-sale intoxicating liquor licensee of a machine to premix and dispense frozen or iced cocktails,
provided that the machine is emptied on a daily basis. A machine described in this subdivision
need not be visible to the consuming public.
History: 1985 c 305 art 7 s 8; 1987 c 152 art 1 s 1; 1991 c 249 s 24; 1996 c 323 s 4;
2001 c 193 s 4

340A.509 LOCAL RESTRICTIONS.
A local authority may impose further restrictions and regulations on the sale and possession
of alcoholic beverages within its limits.
History: 1985 c 305 art 7 s 9; 1987 c 152 art 1 s 1

340A.510 SAMPLES.
    Subdivision 1. Samples for other than malt liquor authorized. On- or off-sale 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 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 sale
in a quantity less than 50 milliliters of wine per variety per customer, 25 milliliters of liqueur or
cordial, and 15 milliliters of distilled spirits per variety per customer.
    Subd. 2. Malt liquor samples authorized. (a) Notwithstanding section 340A.308, a brewer
may purchase from or furnish at no cost to a licensed retailer malt liquor the brewer manufactures
if:
(1) the malt liquor is dispensed by the retailer only for 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) 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 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.
History: 1Sp1986 c 3 art 1 s 43; 1987 c 152 art 1 s 1; 1989 c 49 s 6; 1996 c 418 s 11;
1998 c 364 s 7; 2003 c 126 s 13,14

340A.511 CERTAIN SIZES MAY BE SOLD.
(a) 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.
History: 1996 c 418 s 12; 2003 c 126 s 15

340A.512 CONTAINERS BROUGHT INTO PREMISES.
A licensed retailer of alcoholic beverages may prohibit any person from bringing into the
licensed premises any container of alcoholic beverages, or from consuming from such a container
on the licensed premises, without the licensee's permission.
History: 1996 c 418 s 13

340A.513 SALE OF BEER KEGS.
    Subdivision 1. Definitions. For purposes of this section:
(a) "Beer keg" means any brewery-sealed, single container that contains not less than seven
gallons of malt liquor.
(b) "Off-sale retailer" means a holder of a license under this chapter to sell alcoholic
beverages at off-sale or a municipal liquor store.
    Subd. 2. Standards. No off-sale retailer shall sell beer kegs unless that retailer affixes
an identification label or tag to each beer keg. An identification label or tag shall consist of
paper, plastic, metal, or another durable material that is not easily damaged or destroyed.
Identification labels used may contain a nonpermanent adhesive material in order to apply the
label directly to an outside surface of a beer keg at the time of sale. Identification tags shall
be attached to beer kegs at the time of sale with nylon ties or cording, wire ties or other metal
attachment devices, or another durable means of tying or attachment of the tag to the beer keg.
The identification information contained on the label or tag shall include the licensed off-sale
retailer's name, address, and telephone number; a unique beer keg number assigned by the retailer;
and a prominently visible warning that intentional removal or defacement of the label or tag is
a criminal offense. Upon return of a beer keg to the off-sale retailer that sold the beer keg and
attached the identification label or tag, the off-sale retailer shall be responsible for the complete
and thorough removal of the entire identification label or tag, and any adhesive or attachment
devices of the label or tag. The identification label or tag must be kept on file with the retailer for
not less than 90 days from the date of return.
    Subd. 3. Identification required. An off-sale retailer may not sell a beer keg unless the beer
keg has attached an identification label or tag complying with the standards established under
subdivision 2.
    Subd. 4. Retailers to keep records. (a) An off-sale retailer who sells a beer keg must at
the time of the sale record:
(1) the number of the purchaser's driver's license, Minnesota identification card, military
identification card, or valid United States or foreign passport;
(2) the date and time of the purchase;
(3) the beer keg identification number required under subdivision 3; and
(4) the purchaser's signature.
(b) The record must be retained for not less than 90 days after the date of the sale.
    Subd. 5. Access to records. An off-sale retailer required to retain records under subdivision
4 must make the records available during regular business hours for inspection by a peace officer,
the commissioner, or an agent of the commissioner.
    Subd. 6. Violations. (a) A person required to record information under subdivision 4 may not
knowingly make a materially false entry in the book or register required under subdivision 4. In a
prosecution under this subdivision, it is a defense for the defendant to prove by a preponderance
of the evidence that the defendant reasonably and in good faith relied upon the identification
provided by the purchaser of a beer keg.
(b) No person other than an off-sale retailer, a licensed wholesaler of malt beverages, a
peace officer, the commissioner, or an agent of the commissioner may intentionally remove
identification placed on a beer keg in compliance with subdivision 3. No person may intentionally
deface or damage the identification on a beer keg to make it unreadable.
History: 2002 c 232 s 1

340A.601 ESTABLISHMENT OF MUNICIPAL LIQUOR STORES.
    Subdivision 1. Authority. A city having a population of not more than 10,000 may establish,
own, and operate a municipal liquor store which may sell at retail alcoholic beverages and (1) in
the case of a municipal liquor store that sells at off-sale only, all items that may lawfully be sold in
an exclusive liquor store under section 340A.412, subdivision 14, or (2) in the case of a municipal
liquor store that sells at on-sale only, or at on- and off-sale, any item that may lawfully be sold in
an establishment with an on-sale intoxicating liquor license. A municipal liquor store may also
offer recorded or live entertainment and make available coin-operated amusement devices.
    Subd. 2. Population change. A city which has established a municipal liquor store may
continue to operate it notwithstanding a subsequent change in population.
    Subd. 3. Scope and application. A city which established a liquor store prior to July 1, 1967,
may continue to own and operate it.
    Subd. 4. Newly formed municipalities; municipal liquor stores; liquor licenses. A city
may not establish or operate a municipal liquor store or issue an on-sale or off-sale liquor license
until two years after its incorporation. This restriction does not apply to a newly incorporated
statutory city which had formerly been a town or is made up of a major geographic portion of what
had formerly been a town, which town had the powers of a statutory city under section 368.01.
    Subd. 5. Issuance of licenses to private persons. A city owning and operating a municipal
liquor store may issue on-sale liquor licenses to hotels, clubs, and restaurants. A city issuing
on-sale licenses under this subdivision may continue to operate the municipal liquor store or may
resume operation of a municipal liquor store previously discontinued.
The number of on-sale licenses issued under this section by a city is governed by section
340A.413.
A city may not issue licenses under this section, other than a license issued to a club under
section 340A.404, subdivision 1, clause (4), until authorized by the voters of the city voting on
the question at a special election called for that purpose.
    Subd. 6. Municipalities; certain on-sale licenses. A city which did not permit the sale of
intoxicating liquor within its boundaries as of June 30, 1969, or was incorporated after that date
may issue on-sale licenses for the sale of intoxicating liquor in accordance with subdivision 5.
    Subd. 7. Notice of intent. A city which has issued retail intoxicating liquor licenses may not
establish a municipal liquor store until one year after publishing a notice of its intention in the
city's legal newspaper. The city must provide in the notice if the municipality will be engaging in
the sale of intoxicating liquor to the exclusion of all private interests.
History: 1985 c 305 art 8 s 1; 1987 c 152 art 1 s 1; 1990 c 554 s 15; 1991 c 249 s 25,31;
1996 c 418 s 14

340A.602 CONTINUATION.
In any city in which the report of the operations of a municipal liquor store has shown a net
loss prior to interfund transfer in any two of three consecutive years, the city council shall, not
more than 45 days prior to the end of the fiscal year following the three-year period, hold a public
hearing on the question of whether the city shall continue to operate a municipal liquor store.
Two weeks' notice, written in clear and easily understandable language, of the hearing must be
printed in the city's official newspaper. Following the hearing the city council may on its own
motion or shall upon petition of five percent or more of the registered voters of the city, submit
to the voters at a general or special municipal election the question of whether the city shall
continue or discontinue municipal liquor store operations by a date which the city council shall
designate. The date designated by the city council must not be more than 30 months following the
date of the election.
History: 1985 c 305 art 8 s 2; 1987 c 152 art 1 s 1; 1992 c 486 s 10; 1993 c 315 s 7

340A.603 FINANCIAL RESPONSIBILITY.
Every municipal liquor store must demonstrate proof of financial responsibility required of
licensees under section 340A.409. Proof of financial responsibility must be filed by January 15 of
each year. The commissioner may suspend the operation of a municipal liquor store failing to
demonstrate proof of financial responsibility until the commissioner is satisfied that the municipal
liquor store is in compliance with section 340A.409. The commissioner must notify in writing the
municipality operating the store of the effective date of the suspension. A suspension under this
subdivision is a contested case under the Administrative Procedure Act.
History: 1985 c 305 art 8 s 3; 1987 c 152 art 1 s 1

340A.604 SUSPENSION OF OPERATION.
A court shall notify the commissioner in writing within ten days whenever a municipal
officer or employee has been convicted of any of the following offenses committed in a municipal
liquor store:
(1) selling alcoholic beverages to persons or at times prohibited by law;
(2) selling alcoholic beverages for resale;
(3) selling alcoholic beverages on which state taxes have not been paid; or
(4) violating the provisions of section 340A.410, subdivision 5, relating to gambling and
gambling devices.
On receiving the notice of conviction the commissioner may suspend for up to 30 days the
operation of the municipal liquor store where the offense occurred. The commissioner must
notify in writing the municipality operating the store of the effective dates of the suspension. An
appeal of the suspension is a contested case under sections 14.57 to 14.69 of the Administrative
Procedure Act.
History: 1985 c 305 art 8 s 4; 1987 c 152 art 1 s 1; 1991 c 249 s 26

340A.701 FELONIES.
    Subdivision 1. Unlawful acts. It is a felony:
(1) to manufacture alcoholic beverages in violation of this chapter;
(2) to transport or import alcoholic beverages into the state in violation of this chapter
for purposes of resale; or
(3) to sell or give away for beverage purposes poisonous alcohol, methyl alcohol, denatured
alcohol, denaturing material, or any other alcoholic substance capable of causing serious physical
or mental injuries to a person consuming it; or
(4) for a person other than a licensed retailer of alcoholic beverages, a bottle club permit
holder, a municipal liquor store, or an employee or agent of any of these who is acting within
the scope of employment, to violate the provisions of section 340A.503, subdivision 2, clause
(1), by selling, bartering, furnishing, or giving alcoholic beverages to a person under 21 years
of age if that person becomes intoxicated and causes or suffers death or great bodily harm as a
result of the intoxication.
    Subd. 2. Presumptive sentence. In determining an appropriate disposition for a violation of
subdivision 1, clause (4), the court shall presume that a stay of execution with a 90-day period
of incarceration as a condition of probation shall be imposed unless the defendant's criminal
history score determined according to the Sentencing Guidelines indicates a presumptive executed
sentence, in which case the presumptive executed sentence shall be imposed unless the court
departs from the Sentencing Guidelines under section 244.10. A stay of imposition of sentence
may be granted only if accompanied by a statement on the record of the reasons for it.
History: 1985 c 305 art 9 s 1; 1987 c 152 art 1 s 1; 1989 c 290 art 7 s 1; 1999 c 207 s 1

340A.702 GROSS MISDEMEANORS.
It is a gross misdemeanor:
(1) to sell an alcoholic beverage without a license authorizing the sale;
(2) for a licensee to refuse or neglect to obey a lawful direction or order of the commissioner
or the commissioner's agent, withhold information or a document the commissioner calls for
examination, obstruct or mislead the commissioner in the execution of the commissioner's duties
or swear falsely under oath;
(3) to violate the provisions of sections 340A.301 to 340A.312;
(4) to violate the provisions of section 340A.508;
(5) for any person, partnership, or corporation to knowingly have or possess direct or
indirect interest in more than one off-sale intoxicating liquor license in a municipality in violation
of section 340A.412, subdivision 3;
(6) to sell or otherwise dispose of intoxicating liquor within 1,000 feet of a state hospital,
training school, reformatory, prison, or other institution under the supervision and control, in
whole or in part, of the commissioner of human services or the commissioner of corrections;
(7) to violate the provisions of section 340A.502;
(8) except as otherwise provided in section 340A.701, to violate the provisions of section
340A.503, subdivision 2, clause (1) or (3);
(9) to withhold any information, book, paper, or other thing called for by the commissioner
for the purpose of an examination;
(10) to obstruct or mislead the commissioner in the execution of the commissioner's duties;
(11) to swear falsely concerning any matter stated under oath; or
(12) to violate the provisions of section 340A.503, subdivision 5, after having been convicted
previously of violating section 340A.503, subdivision 5.
History: 1985 c 305 art 9 s 2; 1Sp1986 c 3 art 1 s 45; 1987 c 152 art 1 s 1; 1989 c 209 art
2 s 1; 1989 c 290 art 7 s 2; 2000 c 472 s 4

340A.703 MISDEMEANORS.
Where no other penalty is specified a violation of any provision of this chapter is a
misdemeanor. A minimum fine of $100 must be assessed against a person under the age of 21
years who violates section 340A.503.
History: 1985 c 305 art 9 s 3; 1987 c 152 art 1 s 1; 1999 c 216 art 3 s 1

340A.7035 CONSUMER IMPORTATION; ILLEGAL ACTS.
A person who enters Minnesota from another state and who imports or possesses alcoholic
beverages in excess of the tax-exempt quantities provided for in section 297G.07, subdivision 2,
paragraphs (a), (b), and (c), is guilty of a misdemeanor. A person who enters Minnesota from a
foreign country who imports or possesses alcoholic beverages on which the excise tax imposed
by chapter 297G has not been paid, other than the tax-exempt quantities provided for in section
297G.07, subdivision 2, paragraphs (a), (b), and (c), is guilty of a misdemeanor. A peace officer,
the commissioner of public safety, and employees designated by the commissioner of public
safety may seize alcoholic beverages imported or possessed in violation of this section. This
section does not apply to the consignments of alcoholic beverages shipped into this state by
holders of Minnesota import licenses or Minnesota manufacturers and wholesalers when licensed
by the commissioner of public safety or to common carriers with licenses to sell alcoholic
beverages in more than one state when licensed by the commissioner of public safety to sell
alcoholic beverages in this state.
History: 1995 c 264 art 14 s 17; 1997 c 179 art 2 s 6

340A.704 SEARCH WARRANTS.
Search warrants may be issued in connection with violation of this chapter or other laws
relating to sale, taxation, transportation, manufacture, or possession of alcoholic beverages in
accordance with chapter 626.
History: 1985 c 305 art 9 s 4; 1987 c 152 art 1 s 1

340A.705 PRIMA FACIE EVIDENCE.
The finding of an unauthorized still is prima facie evidence of possession for the purpose of
unlawful manufacture of alcoholic beverages.
History: 1985 c 305 art 9 s 5; 1987 c 152 art 1 s 1

340A.706 ALCOHOL WITHOUT LIQUID DEVICES PROHIBITED.
    Subdivision 1. Definition. For purposes of this section, an "alcohol without liquid device" is
a device, machine, apparatus, or appliance that mixes an alcoholic beverage with pure or diluted
oxygen to produce an alcohol vapor that may be inhaled by an individual. An "alcohol without
liquid device" does not include an inhaler, nebulizer, atomizer, or other device that is designed and
intended specifically for medical purposes to dispense prescribed or over-the-counter medications.
    Subd. 2. Prohibition. Except as provided in subdivision 3, it is unlawful for any person or
business establishment to possess, purchase, sell, offer to sell, or use an alcohol without liquid
device.
    Subd. 3. Research exemption. This section does not apply to a hospital that operates
primarily for the purpose of conducting scientific research, a state institution conducting bona
fide research, a private college or university conducting bona fide research, or a pharmaceutical
company or biotechnology company conducting bona fide research.
    Subd. 4. Penalty. Except as provided in subdivision 3, it is unlawful for any person or
business establishment to utilize a nebulizer, inhaler, or atomizer or other device as described in
subdivision 1, for the purposes of inhaling alcoholic beverages.
History: 2006 c 210 s 14; 2006 c 260 art 1 s 4

340A.801 CIVIL ACTIONS.
    Subdivision 1. Right of action. A spouse, child, parent, guardian, employer, or other person
injured in person, property, or means of support, or who incurs other pecuniary loss by an
intoxicated person or by the intoxication of another person, has a right of action in the person's
own name for all damages sustained against a person who caused the intoxication of that person
by illegally selling alcoholic beverages. All damages recovered by a minor under this section must
be paid either to the minor or to the minor's parent, guardian, or next friend as the court directs.
    Subd. 2. Actions. All suits for damages under this section must be by civil action in a court
of this state having jurisdiction.
    Subd. 3. Comparative negligence. Actions under this section are governed by section
604.01.
    Subd. 3a. Defense. The defense described in section 340A.503, subdivision 6, applies to
actions under this section.
    Subd. 4. Subrogation claims denied. There shall be no recovery by any insurance company
against any liquor vendor under subrogation clauses of the uninsured, underinsured, collision, or
other first party coverages of a motor vehicle insurance policy as a result of payments made by the
company to persons who have claims that arise in whole or part under this section. The provisions
of section 65B.53, subdivision 3, do not apply to actions under this section.
    Subd. 5.[Repealed, 1987 c 152 art 2 s 5]
    Subd. 6. Common law claims. Nothing in this chapter precludes common law tort claims
against any person 21 years old or older who knowingly provides or furnishes alcoholic beverages
to a person under the age of 21 years.
History: 1985 c 305 art 10 s 1; 1985 c 309 s 12; 1Sp1985 c 16 art 2 s 3 subd 1; 1987 c 152
art 1 s 1; art 2 s 3; 1989 c 301 s 15; 1990 c 555 s 10

340A.802 NOTICE OF INJURY; DISCOVERY BEFORE ACTIONS.
    Subdivision 1. Notice of injury. A person who claims damages and a person or insurer who
claims contribution or indemnity from a licensed retailer of alcoholic beverages or municipal
liquor store for or because of an injury within the scope of section 340A.801 must give a written
notice to the licensee or municipality stating:
(1) the time and date when and person to whom the alcoholic beverages were sold or bartered;
(2) the name and address of the person or persons who were injured or whose property
was damaged; and
(3) the approximate time and date, and the place where the injury to person or property
occurred.
A licensee or municipality who claims contribution or indemnification from another licensee
or municipality must give a written notice to the other licensee or municipality in the form and
manner specified in this section.
An error or omission in the notice does not void the notice's effect if the notice is otherwise
valid unless the error or omission is of a substantially material nature.
    Subd. 2. Limitations; content. In the case of a claim for damages, the notice must be served
by the claimant's attorney within 240 days of the date of entering an attorney-client relationship
with the person in regard to the claim. In the case of claims for contribution or indemnity, the
notice must be served within 120 days after the injury occurs or within 60 days after receiving
written notice of a claim for contribution or indemnity, whichever is applicable. No action for
damage or for contribution or indemnity may be maintained unless the notice has been given. If
requested to do so, a municipality or licensee receiving a notice shall promptly furnish claimant's
attorney the names and addresses of other municipalities or licensees who sold or bartered liquor
to the person identified in the notice, if known. Actual notice of sufficient facts reasonably to
put the licensee or governing body of the municipality on notice of a possible claim complies
with the notice requirement.
No action may be maintained under section 340A.801 unless commenced within two years
after the injury.
    Subd. 3. Bad faith notice. A claimant who in bad faith gives notice to a licensee who
did not sell or barter liquor to the alleged intoxicated person is subject to liability for actual
damages, which shall include the reasonable out-of-pocket attorney fees incurred by the licensee
in the defense of the bad faith notice.
History: 1985 c 305 art 10 s 2; 1985 c 309 s 13; 1Sp1985 c 16 art 2 s 3 subd 1; 1Sp1986 c 3
art 1 s 44; 1987 c 152 art 1 s 1; 1993 c 347 s 22

340A.90 CIVIL ACTION; INTOXICATION OF PERSON UNDER AGE 21.
    Subdivision 1. Right of action. (a) A spouse, child, parent, guardian, employer, or other
person injured in person, property, or means of support, or who incurs other pecuniary loss, by
an intoxicated person under 21 years of age or by the intoxication of another person under 21
years of age, has for all damages sustained a right of action in the person's own name against a
person who is 21 years or older who:
(1) had control over the premises and, being in a reasonable position to prevent the
consumption of alcoholic beverages by that person, knowingly or recklessly permitted that
consumption and the consumption caused the intoxication of that person; or
(2) sold, bartered, furnished or gave to, or purchased for a person under the age of 21 years
alcoholic beverages that caused the intoxication of that person.
This paragraph does not apply to sales licensed under this chapter.
(b) All damages recovered by a minor under this section must be paid either to the minor or
to the minor's parent, guardian, or next friend as the court directs.
(c) An intoxicated person under the age of 21 years who caused the injury has no right of
action under this section.
    Subd. 2. Subrogation claims denied. There shall be no recovery by any insurance company
for any subrogation claim pursuant to any subrogation clause of the uninsured, underinsured,
collision, or other first-party coverages of a motor vehicle insurance policy as a result of payments
made by the company to persons who have claims that arise in whole or in part under this section.
    Subd. 3.[Expired]
History: 2000 c 423 s 1

340A.901 CITATION.
This chapter may be cited as the Liquor Act.
History: 1985 c 305 art 11 s 1; 1987 c 152 art 1 s 1

340A.902 DRUNKENNESS NOT A CRIME.
No person may be charged with or convicted of the offense of drunkenness or public
drunkenness. Nothing herein prevents the prosecution and conviction of an intoxicated person for
offenses other than drunkenness or public drunkenness nor does this section relieve a person from
civil liability for an injury to persons or property caused by the person while intoxicated.
History: 1985 c 305 art 11 s 2; 1987 c 152 art 1 s 1

340A.903 [Repealed, 1993 c 350 s 27]

340A.904 SEIZED LIQUOR.
    Subdivision 1. Disposal alternatives. Contingent on the final determination of any action
pending in a court, the commissioner shall dispose of alcoholic beverages, material, apparatus, or
vehicle seized by inspectors or employees of the department by:
(1) delivering alcoholic beverages to the Bureau of Criminal Apprehension or State Patrol
for use in chemical testing programs;
(2) delivering on written requests of the commissioner of administration any material,
apparatus, or vehicle for use by a state department;
(3) selling intoxicating liquor to licensed retailers within the state;
(4) selling any material, apparatus, or vehicle;
(5) destroying alcoholic beverages or contraband articles that have no lawful use; or
(6) donation to a charity registered under section 309.52.
    Subd. 2. Sale procedure. A sale of intoxicating liquor, materials, apparatus, or vehicles may
be made only with the written approval of the commissioner of administration and after notice of
the sale is published in one issue of a legal newspaper published in St. Paul. Sealed bids must
be publicly opened in the office of the commissioner of public safety on a date stated in the
notice, which may not be less than 15 days or more than 30 days after its publication. The net
proceeds from the sale of alcoholic beverages or articles must, after the deduction of the expense
of seizure or sale, be deposited by the commissioner of public safety with the commissioner
of finance and credited to the general fund.
    Subd. 3. Tax exemption. Sales of alcoholic beverages made by the commissioner are exempt
from the state excise tax if stamps evidencing the payment of the excise tax have not been placed
thereon prior to the seizure if before resale proper excise stamps are attached to all containers.
History: 1985 c 305 art 11 s 4; 1987 c 152 art 1 s 1; 1993 c 350 s 14; 2003 c 112 art 2 s 50

340A.905 NOTICE OF VIOLATION.
When any municipal liquor store or licensed dealer in alcoholic beverages or agent or
employee thereof is convicted of a violation of any provision of this chapter or any law or
ordinance regulating the sale of alcoholic beverages or any violation of law or ordinance in
the operation of the licensed premises, the court administrator shall, within ten days after the
conviction, mail a written notice of the conviction to the clerk of the municipality or county
auditor of the county having jurisdiction to issue alcoholic beverage licenses for the premises. A
copy of the notice must be mailed to the commissioner of public safety.
History: 1985 c 305 art 11 s 5; 1Sp1986 c 3 art 1 s 82; 1987 c 152 art 1 s 1

340A.906 NONAPPLICABILITY.
This chapter does not apply to:
(1) medicines intended for therapeutic purposes and not intended as a beverage;
(2) industrial alcohol designed for mechanical, chemical, scientific, pharmaceutical, or
industrial purposes; or
(3) nonpotable compounds or preparations containing alcohol.
History: 1985 c 305 art 11 s 6; 1987 c 152 art 1 s 1

340A.907 INSPECTION.
The commissioner of public safety or any duly authorized employee may, at all reasonable
hours, enter in and upon the premises of any licensee or permit holder under this chapter to inspect
the premises and examine the books, papers, and records of a manufacturer, wholesaler, importer,
or retailer for the purpose of determining whether the provisions of this chapter are being
complied with. If the commissioner or any duly authorized employee is denied free access or is
hindered or interfered with in making an inspection or examination, the licensee or permit holder
is subject to revocation pursuant to section 340A.304 in the case of a wholesaler, manufacturer, or
importer, and section 340A.415 in the case of a retailer. For a holder of a temporary license under
section 340A.403, subdivision 2, or 340A.404, subdivision 10, the commissioner's authority under
this section extends for two years beyond the expiration of the temporary license or the permit.
History: 1987 c 310 s 13; 1994 c 611 s 28

340A.908 LIQUEUR-FILLED CANDY.
Liqueur-filled candy may only be sold in an exclusive liquor store.
History: 1990 c 554 s 16

340A.909 SALE OF MINNESOTA BEER AT PUBLIC FACILITIES.
    Subdivision 1. Minnesota-produced beer; required availability. At any permanent or
temporary building or structure owned or operated by the state, a political subdivision, or an
instrumentality thereof, where beer is sold for on-premise consumption, the entity owning
or operating the building or structure must insure that a Minnesota-produced beer is available
for purchase at each station where beer is sold. This section applies to all such permanent or
temporary buildings or structures without regard to whether sales of beer are made by the owning
or operating government entity or employees thereof or by a person holding a lease or concession
contract with the government entity.
    Subd. 2. Exceptions. This section does not apply to:
(1) municipal liquor stores; or
(2) persons holding an event on property owned by a government entity where (a) the event
is conducted under a temporary permit from that government entity, and (b) alcoholic beverages
are provided to persons attending the event, at no cost to those persons.
History: 1990 c 554 s 17

340A.910 SEVERABILITY.
In the event that a court of competent jurisdiction holds that any section of this chapter
is unconstitutional or otherwise invalid, the invalidity does not affect other provisions or
applications of this chapter that can be given effect without the invalid provisions or application,
and to this end the provisions of this chapter are severable.
History: 2005 c 25 s 4