Minnesota Statutes 2001, Chapter 340A.
Copyright 2001 by the Office of Revisor of Statutes, State of Minnesota.
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.
HIST: 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:
- wine or malt liquor of any alcohol content;
- 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 - 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.
HIST: 1985 c 305 art 5 s 7; 1987 c 152 art 1 s 1; 1994 c 611 s 10
340A.308 Prohibited transactions.
(a) 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:
- give, or lend money, credit, or other thing of value to a retailer;
- give, lend, lease, or sell furnishing or equipment to a retailer;
- have an interest in a retail license; or
- 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:
- furnishing, lending, or renting to a retailer outside signs, of a cost of up to $400 excluding installation and repair costs;
- furnishing, lending, or renting to a retailer inside signs and other promotional material, of a cost of up to $300 in a year;
- 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;
- using or renting property owned continually since November 1, 1933, for the purpose of selling intoxicating or 3.2 percent malt liquor at retail;
- 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
- 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.
HIST: 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
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.
HIST: 1985 c 305 art 5 s 9; 1987 c 152 art 1 s 1
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