reglab/statecodes huggingface dataset:
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 336B — Financing Statements Of Utilities And Certain Mining Companies › Section 336B.01 — Financing Statements Of Public Utilities, Taconite And Semitaconite Companies; Definitions.

336B.01 FINANCING STATEMENTS OF PUBLIC UTILITIES, TACONITE AND SEMITACONITE COMPANIES; DEFINITIONS.
Subdivision 1.
Public utility.
When used in sections 336B.01 to 336B.03 the term "public utility" means persons, corporations, or other legal entities, their lessees, trustees, and receivers, operating, maintaining, or controlling in this state after June 29, 1966, equipment or facilities for the production, generation, transmission, or distribution at retail of gas, electric, or telephone service for the public and in the transmission and distribution using, or having a right to use, public roads, streets, alleys, or other public ways for the purpose of constructing, using, operating, or maintaining wires, pipes, conduits, or other facilities. No municipality producing or furnishing gas, electric, or telephone service is a public utility under this definition. No person is a public utility if it produces or furnishes its services to less than 50 persons.
Subd. 2.
Taconite company.
When used in sections 336B.01 to 336B.03 the term "taconite company" means a person, corporation, or other legal entity, its lessees, trustees, and receivers, engaged in or preparing to engage in the business of mining and beneficiating taconite, whether or not the taconite company may also engage in another business.
Subd. 3.
Semitaconite company.
When used in sections 336B.01 to 336B.03 the term "semitaconite company" means a person, corporation, or other legal entity, its lessees, trustees, and receivers, engaged in or preparing to engage in the business of mining and beneficiating semitaconite, as the term "semitaconite" is defined in section 298.34, whether or not the semitaconite company may also engage in another business.
Subd. 4.
Electric service cooperatives.
Notwithstanding any contrary provision in subdivision 1, the term "public utility" also means a cooperative association operating, maintaining or controlling in this state after May 11, 1969, equipment or facilities for the production, generation, transmission or distribution of electric services.
Subd. 5.
Water quality utilities.
Notwithstanding any contrary provision in subdivision 1, the term "public utility" also means a person, corporation, cooperative, or other legal entity, their lessees, trustees, and receivers who are operating, maintaining, or controlling equipment or facilities to provide water quality treatment and management services, as defined by section 115.58, subdivision 1, paragraph (e). "Public utility" does not include a municipality that owns or operates equipment or facilities for treating wastewater, furnishing potable water or water for geothermal heating and cooling, managing stormwater runoff or drainage, or reducing or eliminating water pollution.
History:
1965 c 813 s 1; 1967 c 323 s 1; 1969 c 349 s 1; 1984 c 628 art 5 s 1; 1997 c 216 s 127; 2005 c 69 art 1 s 21; 2007 c 13 art 3 s 23
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 336B — Financing Statements Of Utilities And Certain Mining Companies › Section 336B.02 — Financing Statements Of A Public Utility, Taconite Company, And Semitaconite Company.

336B.02 FINANCING STATEMENTS OF A PUBLIC UTILITY, TACONITE COMPANY, AND SEMITACONITE COMPANY.
Subdivision 1.
Filing with secretary of state.
Notwithstanding sections 336.9-311, 336.9-501, 336.9-502, 336.9-515, and 336.9-519 of the Uniform Commercial Code, all filings required under the Uniform Commercial Code in order to perfect a security interest against the personal property or fixtures of a debtor public utility, or against the personal property or fixtures of a debtor taconite company or a debtor semitaconite company, must be made and maintained in the office of the secretary of state.
Subd. 2.
Information not required.
When the financing statement covers goods of a debtor public utility or of a debtor taconite company or a debtor semitaconite company, which are or are to become fixtures, no description of the real estate or the name of the record owner is required.
Subd. 3.
Duration.
Filing of a financing statement against the property of a debtor public utility or against the property of a debtor taconite company or a debtor semitaconite company is effective until five years after the maturity date contained in the statement in the case of personal property and until 15 years after the maturity date in the case of fixtures annexed to real property, or if no maturity date is contained in the statement, until released or terminated.
History:
1965 c 813 s 2; 1967 c 323 s 2; 1984 c 628 art 5 s 1; 2001 c 195 art 2 s 19; 2005 c 69 art 1 s 21
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 336B — Financing Statements Of Utilities And Certain Mining Companies › Section 336B.03 — Continued Effectiveness Of Certain Laws.

336B.03 CONTINUED EFFECTIVENESS OF CERTAIN LAWS.
Unless displaced by the specific provisions of sections 336B.01 to 336B.03, the Uniform Commercial Code and other applicable laws remain in full force and effect and supplement the provisions of sections 336B.01 to 336B.03.
History:
1965 c 813 s 3; 1984 c 628 art 5 s 1; 2005 c 69 art 1 s 21
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 337 — Building And Construction Contracts › Section 337.01 — Building And Construction Contracts; Indemnification Agreements.

337.01 BUILDING AND CONSTRUCTION CONTRACTS; INDEMNIFICATION AGREEMENTS.
Subdivision 1.
Definition.
As used in sections 337.01 to 337.05 the following terms have the meanings assigned to them.
Subd. 2.
Building and construction contract.
"Building and construction contract" means a contract for the design, construction, alteration, improvement, repair or maintenance of real property, highways, roads or bridges. The term does not include contracts for the maintenance or repair of machinery, equipment or other such devices used as part of a manufacturing, converting or other production process, including electric, gas, steam, and telephone utility equipment used for production, transmission, or distribution purposes.
Subd. 3.
Indemnification agreement.
"Indemnification agreement" means an agreement by the promisor to indemnify, defend, or hold harmless the promisee against liability or claims of liability for damages arising out of bodily injury to persons or out of physical damage to tangible or real property.
Subd. 4.
Promisee.
"Promisee" includes that party's independent contractors, agents, employees or indemnitees.
History:
1983 c 333 s 1; 1984 c 598 s 1-3; 2023 c 53 art 7 s 4
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 337 — Building And Construction Contracts › Section 337.02 — Unenforceability Of Certain Agreements.

337.02 UNENFORCEABILITY OF CERTAIN AGREEMENTS.
An indemnification agreement contained in, or executed in connection with, a building and construction contract is unenforceable except to the extent that: (1) the underlying injury or damage is attributable to the negligent or otherwise wrongful act or omission, including breach of a specific contractual duty, of the promisor or the promisor's independent contractors, agents, employees, or delegatees; or (2) an owner, a responsible party, or a governmental entity agrees to indemnify a contractor directly or through another contractor with respect to strict liability under environmental laws.
History:
1983 c 333 s 2; 1984 c 598 s 4; 1999 c 87 s 1
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 337 — Building And Construction Contracts › Section 337.03 — Nonapplication To Certain Agreements.

337.03 NONAPPLICATION TO CERTAIN AGREEMENTS.
Sections 337.01 to 337.05 do not apply to an agreement by which a promisor that is a party to a building and construction contract indemnifies a person, firm, corporation, or public agency for whose account the construction is not being performed, but who, as an accommodation, permits the promisor or the promisor's independent contractors, agents, employees, or delegatees to enter upon or adjacent to its property for the purpose of performing the building and construction contract. Sections 337.01 to 337.05 do not apply to an indemnification agreement that is an integral part of an offer to compromise or settlement of a disputed claim, if:
(a) the settlement is based on consideration;
(b) the dispute relates to an alleged event that is related to a construction contract and that occurred before the settlement is made; and
(c) the indemnification relates only to claims that have arisen or may arise from the past event.
History:
1983 c 333 s 3; 1984 c 598 s 5
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 337 — Building And Construction Contracts › Section 337.04 — Validity Of Other Agreements.

337.04 VALIDITY OF OTHER AGREEMENTS.
Sections 337.01 to 337.05 do not affect the validity of any insurance contract, workers' compensation agreement, construction bond, or other agreement lawfully issued by an insurer or bonding company.
History:
1983 c 333 s 4
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 337 — Building And Construction Contracts › Section 337.06 — Common Law Rights.

337.06 COMMON LAW RIGHTS.
Subject to section 337.02, sections 337.01 to 337.06 do not in any way restrict rights to indemnification that the common law may provide.
History:
1984 c 598 s 9
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 338 — Employment Contracts › Section 338.01 — Employment Contracts; Findings.

338.01 EMPLOYMENT CONTRACTS; FINDINGS.
The legislature finds that a basic tenet of contract law is mutually enforceable promises. The legislature further finds that contracts respecting employment are important and desirable. The legislature's purpose in enacting sections 338.02 and 338.03 is to assist in ensuring that the mutual promises in employment contracts are honored and enforced.
History:
1990 c 539 s 2
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 338 — Employment Contracts › Section 338.02 — New Employers; Contract Obligation.

338.02 NEW EMPLOYERS; CONTRACT OBLIGATION.
Subdivision 1.
Definition.
As used in this section, "new employer" means any purchaser, assignee, or transferee of a business the employees of which are subject to a collective bargaining agreement, if the purchaser, assignee, or transferee conducts or will conduct substantially the same business operation, or offer the same service, and use the same physical facilities, as the contracting employer.
Subd. 2.
New employer obligation.
Where a collective bargaining agreement between an employer and a labor organization contains a clause regulating the rights and obligations of a new employer, that clause shall be binding upon and enforceable against any new employer until the expiration date of the agreement. That clause shall not be binding upon or enforceable against any new employer for more than three years from the effective date of the collective bargaining agreement between the contracting employer and the labor organization.
Subd. 3.
Disclosure.
An employer who is a party to a collective bargaining agreement containing a clause regulating the rights and obligations of a new employer has the affirmative duty to disclose the existence of the agreement and clause to a new employer. The disclosure requirement is satisfied by including in any contract of sale, agreement to purchase, or any similar instrument of conveyance, a statement that the new employer is bound by that clause as provided for in the collective bargaining agreement. Failure of an employer to disclose the existence of a collective bargaining agreement containing that clause does not affect the enforceability of the collective bargaining agreement against a new employer.
Subd. 4.
Exception.
This section does not apply to a receiver or trustee in bankruptcy of any contracting employer who has gone into receivership or bankruptcy, or to any employer who acquires a business from a receiver or trustee in bankruptcy.
History:
1990 c 539 s 3
NOTE:
This section was found unconstitutional with regard to employers who are subject to the National Labor Relations Act in
United Steelworkers of America v. St. Gabriel's Hospital
, 871 F.Supp. 335 (D.Minn. 1994).
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 338 — Employment Contracts › Section 338.03 — Enforcement; Court Jurisdiction.

338.03 ENFORCEMENT; COURT JURISDICTION.
The rights and duties under section 338.02 may be enforced in a civil action in a district court of appropriate jurisdiction.
History:
1990 c 539 s 4
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 340A — Liquor › Section 340A.201 — Liquor Control Authority.

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
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 340A — Liquor › Section 340A.24 — Brew Pubs.

340A.24 BREW PUBS.
Subdivision 1.
On-sale license.
A brew pub 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.
Subd. 2.
Off-sale license.
Notwithstanding section 340A.405, a brew pub that holds an on-sale license issued pursuant to this section 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 brew pub 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, except that malt liquor in growlers only may be sold at off-sale on Sundays. Sunday sales must be approved by the licensing jurisdiction and hours may be established by those jurisdictions. Packaging of malt liquor for off-sale under this subdivision must comply with section 340A.285.
Subd. 3.
Total retail sales.
A brew pub's total retail sales at on- or off-sale under this section may not exceed 3,500 barrels per year, provided that off-sales may not total more than 750 barrels.
Subd. 4.
Interest in other license.
(a) A brew pub 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.
(b) Notwithstanding this prohibition, a brew pub 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:
(1) manufacture licensed under section 340A.301, subdivision 6, clause (d);
(2) manufacture in another state for consumption exclusively in a restaurant located in the place of manufacture; or
(3) 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 section 340A.301, subdivision 6, clause (d), on January 1, 1995.
Subd. 5.
Prohibition.
A brew pub licensed under this chapter may not be licensed as an importer under section 340A.302.
History:
2015 c 9 art 1 s 3,8; art 2 s 3; 1Sp2017 c 4 art 5 s 4
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 340A — Liquor › Section 340A.26 — Brewer Taprooms.

340A.26 BREWER TAPROOMS.
Subdivision 1.
Brewer taproom license.
(a) A municipality, including a city with a municipal liquor store, may issue the holder of a brewer's license under section 340A.301, subdivision 6, clause (c), (i), or (j), a brewer taproom license. A brewer taproom license authorizes on-sale of malt liquor produced by the brewer for consumption on the premises of or adjacent to one brewery location owned by the brewer. Nothing in this subdivision precludes the holder of a brewer taproom license from also holding a license to operate a restaurant at the brewery. Section 340A.409 shall apply to a license issued under this subdivision. All provisions of this chapter that apply to a retail liquor license shall apply to a license issued under this subdivision unless the provision is explicitly inconsistent with this subdivision.
(b) A brewer may only have one taproom license under this subdivision, and may not have an ownership interest in a brew pub.
Subd. 2.
Prohibition.
A municipality may not issue a brewer taproom license to a brewer if the brewer seeking the license, or any person having an economic interest in the brewer seeking the license or exercising control over the brewer seeking the license, is a brewer that brews more than 250,000 barrels of malt liquor annually or a winery that produces more than 250,000 gallons of wine annually.
Subd. 3.
Fee.
The municipality shall impose a licensing fee on a brewer holding a brewer taproom license under this subdivision, subject to limitations applicable to license fees under section 340A.408, subdivision 2, paragraph (a).
Subd. 4.
Municipality to inform commissioner.
A municipality shall, within ten days of the issuance of a license under this subdivision, inform the commissioner of the licensee's name and address and trade name, and the effective date and expiration date of the license. The municipality shall also inform the commissioner of a license transfer, cancellation, suspension, or revocation during the license period.
Subd. 5.
Sunday on-sale.
Notwithstanding section 340A.504, subdivision 3, a taproom may be open and may conduct on-sale business on Sundays if authorized by the municipality.
History:
2015 c 9 art 1 s 4
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 340A — Liquor › Section 340A.28 — Small Brewer Off-sale.

340A.28 SMALL BREWER OFF-SALE.
Subdivision 1.
License; limitations.
A brewer licensed under section 340A.301, subdivision 6, clause (c), (i), or (j), may be issued a license by a municipality for off-sale of malt liquor at its licensed premises that has been produced and packaged by the brewer. The license must be approved by the commissioner. A brewer may only have one license under this subdivision. The amount of malt liquor sold at off-sale may not exceed 750 barrels annually. 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, except that malt liquor in growlers only may be sold at off-sale on Sundays. Sunday sales must be approved by the licensing jurisdiction and hours may be established by those jurisdictions. Packaging of malt liquor for off-sale under this subdivision must comply with section 340A.285.
Subd. 2.
Prohibition.
A municipality may not issue a license under this section to a brewer if the brewer seeking the license, or any person having an economic interest in the brewer seeking the license or exercising control over the brewer seeking the license, is a brewer that brews more than 150,000 barrels of its own brands of malt liquor annually or a winery that produces more than 250,000 gallons of wine annually.
Subd. 3.
Fee.
The municipality shall impose a licensing fee on a brewer holding a license under this subdivision, subject to limitations applicable to license fees under section 340A.408, subdivision 3, paragraph (a).
History:
2015 c 9 art 1 s 5,8; art 2 s 2; 1Sp2017 c 4 art 5 s 5; 2022 c 86 art 1 s 4
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 340A — Liquor › Section 340A.285 — Growlers.

340A.285 GROWLERS.
(a) Malt liquor authorized for off-sale pursuant to section 340A.24 or 340A.28 shall be packaged in 64-ounce containers commonly known as "growlers" or in 750 milliliter bottles. The containers or bottles shall bear a twist-type closure, cork, stopper, or plug. At the time of sale, a paper or plastic adhesive band, strip, or sleeve shall be applied to the container or bottle and extended over the top of the twist-type closure, cork, stopper, or plug forming a seal that must be broken upon opening the container or bottle. The adhesive band, strip, or sleeve shall bear the name and address of the brewer. The containers or bottles shall be identified as malt liquor, contain the name of the malt liquor, bear the name and address of the brew pub or 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.
(b) A brew pub or brewer may, but is not required to, refill any container or bottle with malt liquor for off-sale at the request of the customer. A brew pub or brewer refilling a container or bottle must do so at its licensed premises and the container or bottle must be filled at the tap at the time of sale. A container or bottle refilled under this paragraph must be sealed and labeled in the manner described in paragraph (a).
History:
2015 c 9 art 1 s 6
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 340A — Liquor › Section 340A.29 — Off-sale Packaging Requirements For Certain Small Brewers.

340A.29 OFF-SALE PACKAGING REQUIREMENTS FOR CERTAIN SMALL BREWERS.
Subdivision 1.
Certain off-sale authorized.
Notwithstanding any law to the contrary, and in addition to the off-sale of malt liquor allowed under section 340A.28, a brewer licensed under section 340A.301, subdivision 6, clause (c), (i), or (j), that produces 7,500 barrels or less of malt liquor annually may be issued a license by a municipality for off-sale at its licensed premises of up to 128 ounces per customer per day of malt liquor that has been produced and packaged by the brewer, as provided in subdivision 2. The license must be approved by the commissioner. The amount of malt liquor sold at off-sale under this section must be included in calculating the annual barrel limit imposed in section 340A.28, subdivision 1.
Subd. 2.
Packaging.
Malt liquor authorized for off-sale pursuant to subdivision 1 must be packaged in a container or combination of containers that is in compliance with the provisions of Minnesota Rules, parts 7515.1080 to 7515.1120.
Subd. 3.
Off-sale not exclusive to brewery premises.
Any brand sold under this section must be made available for sale to a malt liquor wholesaler, other than a wholesaler owned in whole or in part by a brewer as allowed in section 340A.301, subdivision 9.
Subd. 4.
Exception; production in 2021.
Notwithstanding the 7,500 barrel limit in subdivision 1, a brewer licensed under section 340A.301, subdivision 6, clause (c), (i), or (j), that produced more than 5,500 barrels but not more than 13,500 barrels of malt liquor in calendar year 2021, as demonstrated by records from the Department of Revenue, may be issued a license under this section, provided that a brewer is only allowed to make the sales authorized in this section until the brewer's production exceeds its 2021 production amount by 2,000 barrels.
Subd. 5.
Reporting.
The commissioner may by rule establish reporting requirements for brewers making off-sales of malt liquor under this section to ensure compliance with the 128 ounce limit in subdivision 1.
Subd. 6.
Other laws.
All other requirements of this chapter not inconsistent with this section apply.
History:
2022 c 86 art 1 s 5
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 340A — Liquor › Section 340A.302 — Importers.

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
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 340A — Liquor › Section 340A.3021 — Importation Restrictions.

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 221.012, subdivision 27, 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
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 340A — Liquor › Section 340A.303 — Transfers.

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
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 340A — Liquor › Section 340A.304 — License Suspension And Revocation.

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
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 340A — Liquor › Section 340A.305 — Warehousing.

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
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 340A — Liquor › Section 340A.3055 — Manufacturer's Warehouse Permit.

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 221.012, subdivision 27, 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
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 340A — Liquor › Section 340A.306 — Fraudulent Shipments.

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
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 340A — Liquor › Section 340A.307 — Unlawful Discrimination.

340A.307 UNLAWFUL DISCRIMINATION.
Subdivision 1.
Nondiscriminatory sales.
All licensed importers and manufacturers must offer for sale on an equal basis to all licensed wholesalers and manufacturers all intoxicating liquor brought into or produced in 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:
(1) 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 or manufacturer who refuses to sell.
(2) 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.
(3) 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 or manufacturer 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.
(4) Discrimination among wholesalers and manufacturers in satisfying their respective demands for intoxicating liquor.
(5) 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.
(6) 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.
History:
1985 c 305 art 5 s 7; 1987 c 152 art 1 s 1; 1994 c 611 s 10; 2022 c 86 art 1 s 7-9
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 340A — Liquor › Section 340A.308 — Prohibited Transactions.

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
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 340A — Liquor › Section 340A.309 — Exclusive Contracts.

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
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 340A — Liquor › Section 340A.310 — Sales By Wholesalers.

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
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 340A — Liquor › Section 340A.311 — Brand Registration.

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
NOTE:
Paragraph (d) was found unconstitutional in the case of
Hornell Brewing Co., Inc. v. Minnesota Department of Public Safety, Liquor Control Division
, 553 N.W.2d 713 (Minn. Ct. App. 1996).
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 340A — Liquor › Section 340A.312 — Joint Purchases; Volume Prices.

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
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 340A — Liquor › Section 340A.314 — Suggested Retail Prices.

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
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 340A — Liquor › Section 340A.316 — Sacramental Wine.

340A.316 SACRAMENTAL WINE.
The commissioner may issue a license to a bona fide religious book or supply store for the importation and sale of wine exclusively for sacramental purposes. The holder of a sacramental wine license may sell wine intended by the manufacturer or the wholesaler for sacramental purposes only to a rabbi, priest, or minister of a church, or other established religious organization, if the purchaser certifies in writing that the wine will be used exclusively for sacramental purposes in religious ceremonies. The annual fee for a sacramental wine license is $50, inclusive of a retail card required under Minnesota Rules, part 7515.0210. A seller of sacramental wine does not need insurance required under section 340A.409. 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; 2014 c 240 s 14
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 340A — Liquor › Section 340A.317 — Licensing Of Brokers.

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
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 340A — Liquor › Section 340A.319 — Reports By Brewers.

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
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 340A — Liquor › Section 340A.33 — Brew On Premises Store.

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, except that the tasting of malt liquor that is brewed by a customer or employee at the brew on premises store shall be permitted, if the malt liquor is not sold or offered for sale. 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; 2018 c 202 s 1