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 [repealed, 1989 c 49 s 1 Subd. 2.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