Minnesota Statutes 2001, Chapter 340A.
Copyright 2001 by the Office of Revisor of Statutes, State of Minnesota.
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.
HIST: 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.
HIST: 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 post-secondary institution of learning, and involve the consumption or sale of alcoholic beverages. This subdivision does not affect on-campus, licensed retailers of alcoholic beverages.
HIST: 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.
HIST: 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.
HIST: 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.
HIST: 1985 c 305 art 7 s 9; 1987 c 152 art 1 s 1
340A.510 Samples.
Subdivision 1. Samples authorized. Off-sale licenses and municipal liquor stores may provide samples of malt liquor, wine, liqueurs, cordials, and distilled spirits which the 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 off-sale in a quantity less than 100 milliliters of malt liquor per variety per customer, 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 furnished for sampling. (a) Notwithstanding section 340A.308, with respect only to sampling authorized under subdivision 1, a brewer may furnish at no cost to an off-sale retailer malt liquor the brewer manufactures if:
- the malt liquor is dispensed by the retailer only for tastings authorized under subdivision 1;
- the retailer makes available for return to the brewer any unused malt liquor and empty containers;
- 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;
- the brewer furnishes not more than three cases of malt liquor to the retailer for each sampling;
- each sampling continues for not more than eight hours;
- the brewer has furnished malt liquor for not more than five samplings for any retailer in any calendar year;
- the brewer delivers the malt liquor for the sampling to its exclusive wholesaler for that malt liquor;
- 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 amount of malt liquor being furnished 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) 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
- 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, "retailer" means a licensed off-sale retailer of alcoholic beverages and a municipal liquor store that sells at off-sale.
HIST: 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
340A.511 Certain sizes may be sold.
An off-sale retailer of intoxicating liquor may sell distilled spirits in bottles of 50 milliliters.
HIST: 1996 c 418 s 12
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.
HIST: 1996 c 418 s 13
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