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40A.412, 20131 iinnesota Statutes https-://www.revisor.mn.gov/statutes/?id=340A.412 <br />2013 Minnesota Statutes <br />340A,412 LICENSE RES'T'RICTIONS; INTOXICATING LIQUOR LICENSES. <br />Subdivision 1. [repealed, 1989 c 49 s 1 <br />Subd. 2. Investigation of on -sale licenses. a The city or county having jurisdiction over on -sale licenses to <br />sell intoxicating liquor shall on initial application for an on -sale license or on application for a transfer of an existing <br />license conduct a preliminary background and financial investigation of the applicant. The application must be in the <br />form prescribed by the commissioner and with any additional information as the governing body of the city or county <br />having jurisdiction over the license requires. If the governing body of the city or county having jurisdiction <br />determines or if the commissioner on the commissioner's own initiative determines that a comprehensive background <br />and investigation of the applicant is necessary, the governing body may conduct the investigation itself or contract <br />with the commissioner for the investigation. In addition, an investigation may be required prior to renewal of an <br />existing on -sale license when the governing body of the city or county deems it in the public interest. An <br />investigation fee not to exceed oo shall be charged an applicant by the city or county if the investigation is <br />conducted within the state, or the actual cost not to exceed 10, 000 if the investigation is required outside the state. <br />(b) No license may be issued, transferred, or renewed if the results of the investigation show, to the satisfaction <br />of the governing body, that issuance, transfer, or renewal would not be in the public interest. <br />Subd. 3. Limitations on issuance of licenses to one person or place. a A municipality may not issue more <br />than one off -sale intoxicating liquor license to any one person or for any one place. <br />(b) A municipality may not allow the same business name to be used by more than one of its ofd sale <br />intoxicating liquor licensees. <br />(c) For purposes of this subdivision, "person" means: <br />(1) a holder of an off -sale intoxicating liquor license; <br />(2) an officer, director, agent, or employee of a holder of an off -sale intoxicating liquor license; or <br />(3) an affiliate of a holder of are off -sale intoxicating liquor license, regardless of whether the affiliation is <br />corporate or by management, direction, or control. <br />Subd. 4. Licenses prohibited in certain areas. a No license to sell intoxicating liquor may be issued within <br />the following areas: <br />(1) where restricted against commercial use through zoning ordinances and other proceedings or legal processes <br />regularly had for that purpose, except licenses may be issued to restaurants in areas which were restricted against <br />commercial uses after the establishment of the restaurant; <br />(2) within the Capitol or on the Capitol grounds, except as provided under Laws 1983, chapter 259, section 9, or <br />Lags 1999, chapter 202, section 13; <br />(3) on the State Fairgrounds, except as provided under section 37,21, subdivision 2; <br />(4) on the campus of the College of Agriculture of the University of Minnesota; <br />(5) within 1,000 feet of a state hospital, training school, reformatory, prison, or other institution wader the <br />supervision or control, in whole or in part, of the commissioner of human services or the commissioner of <br />corrections; <br />(6) in a town or municipality in which a majority of votes at the last election at which the question of license <br />was voted upon were not in favor of license under section 4o . l , or within one -half mile of any such town or <br />municipality, except that intoxicating liquor manufactured within this radius may be sold to be consumed outside it; <br />and <br />7 within 1,500 feet of any public school that is not within a city. <br />b The restrictions of this subdivision do not apply to a manufacturer or wholesaler of intoxicating liquor or to a <br />drugstore or to a person who had a license originally issued lawfully prior to July 1, 1967. <br />Subd. 5. Licenses in connection with premises of another. An intoxicating liquor license may not be issued <br />to a person in connection with the premises of another to whom a license could not be issued under the provisions of <br />1 of 3 11/20/2013 11:14 AEI <br />
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