Minnesota Statutes 2001, Chapter 340A.
Copyright 2001 by the Office of Revisor of Statutes, State of Minnesota.
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:
- 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
- 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. Coverage excluded. (a) There shall be no coverage for liability created under this section under homeowner's insurance as defined under section 65A.27 unless:
- specifically covered in a policy; or
- covered by a rider attached to a policy.
(b) This subdivision expires on December 31, 2001.
HIST: 2000 c 423 s 1
340A.901 Citation.
This chapter may be cited as the Liquor Act.
HIST: 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.
HIST: 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:
- delivering alcoholic beverages to the bureau of criminal apprehension or state patrol for use in chemical testing programs;
- delivering on written requests of the commissioner of administration any material, apparatus, or vehicle for use by a state department;
- selling intoxicating liquor to licensed retailers within the state;
- selling any material, apparatus, or vehicle;
- destroying alcoholic beverages or contraband articles that have no lawful use; or
- 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 state treasurer 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.
HIST: 1985 c 305 art 11 s 4; 1987 c 152 art 1 s 1; 1993 c 350 s 14
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.
HIST: 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.
HIST: 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.
HIST: 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.
HIST: 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:
- municipal liquor stores; or
- 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.
HIST: 1990 c 554 s 17
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