Friends and colleagues,

 

On September 9, 2011 MMBA Director Lara Smetana inked a column for this weekly newsletter.

 

You may say that it created a minuscule poop storm within our membership. Some said it was too harsh, some said it unfairly represented our association, some hated the truth.

 

Director Smetana, known by some as the "Wicked Witch of the East", stated some hard reality for some of us to swallow. Now please allow me to preface the rest of this by saying that Lara is not perfect; sorry Lara!

 

I am not perfect either, none of our Directors speak from a point high above on a mountain top. I don't even know how to spell oracle; I guess I do.

 

The interesting fact in all of this, is that most of the people who responded negatively to the editorial content were some of our best retailers, and we have a great number of them; the best in the business, the cr�me de la cr�me if you will.

 

The point is, if this doesn't apply to you don't worry about it. If you think it's too harsh give me a call and I will regale you with stories without specifics concerning some of our discoveries as we travel across the state.

 

The overall benefit all of you should take away from the article is this; take a look at what you're doing from time to time! A little comprehensive introspection is a great source of humility for me. Too much, and you might lose your hair.

 

If you don't think any of this applies to you, look deeper. You may find something you need to change.

 

If XYZ liquor goes under, it's just another liquor outlet that couldn't rise above the current business climate and succeed. If a municipal liquor store fails, to some "it's just another example of the poorly run 'Muni'"and a convenient argument to support the erroneous conclusion that the rest of us have no idea what we are doing!

 

Let's give Lara a break. I believe it requires a certain amount of courage to have a controversial opinion and put your name on it and share it. In this case the opinion was based on a relatively comprehensive, objective period of observation.

 

If we're not comfortable with facing our faults , we continue to perpetuate them. If we have an open mind we grow and change.

 

Gary Buysse

MMBA Director

 

 

 

Contact Sara Lien:  

This week, a member asked about Gift Certificate expiration dates.

 Section 1. [325G.53] GIFT CERTIFICATES.

    Subdivision 1. Definitions. The definitions in this subdivision apply to this section.

    (a) "Gift certificate" means a tangible record evidencing a promise, made for consideration, by the seller or issuer of the record that goods or services will be provided to the owner of the record to the value shown in the record and includes, but is not limited to, a gift card, stored-value card, store card, or a similar record or card that contains a microprocessor chip, magnetic stripe, or other means for the storage of information, and for which the value is decreased upon each use.

    (b) "Affiliate" of another entity means any entity directly controlling, controlled by, or under common control with the other entity.

    Subd. 2. Prohibitions. It is unlawful for any person or entity to sell a gift certificate that is subject to an expiration date or a service fee of any kind, including, but not limited to, a service fee for dormancy.

    Subd. 3. Nonapplication. The provisions of this section shall not apply to gift certificates:

(1) distributed to a consumer for loyalty, promotional, award, incentive, rebate, or other similar purposes without any money or other tangible thing of value being given by the consumer in exchange for the gift certificate or gift card;

(2) that are sold below face value or at a volume discount to employers or to nonprofit and charitable organizations for fund-raising purposes;

(3) that are debit cards or other legal access devices used to access a deposit account and that are subject to the federal disclosure rules in the Electronic Fund Transfer Act, United States Code, title 15, section 1693, et seq., and its implementing Regulation E, as amended from time to time;

    (4) issued by an employer to an employee in recognition of services performed by the employee;

    (5) issued by a federally chartered or state-chartered bank, bank and trust, savings ank, savings association, or credit union, or by an operating subsidiary or other affiliate of any of them, and that can be used at multiple sellers of goods and services, provided that the issuer discloses any expiration date and fee associated with the gift certificate; or

    (6) that are prepaid calling cards used to make wireline or wireless calls.

    Subd. 4. Remedies. The remedies of section 8.31 apply to violations of this section.

EFFECTIVE DATE; APPLICATION.This section is effective August 1, 2007,
and applies to gift certificates issued or sold on or after that date.

 

 

 

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Recently a member asked about delivery of alcohol.

 

 

7515.0580 DELIVERY.

 

Only licensed or authorized off-sale liquor retailers and no other class of retailers may make deliveries of alcoholic beverages from their stores to the residence of a purchaser or other location, provided however, that such delivery shall be made only to a person 21 or more years of age; and provided further, that such delivery must not be made to alcohol beverage licensed establishments or other public or private place in violation of law or ordinance.

 

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