Minnesota Municipal Beverage Association Newsletter
(May 3, 2015 - May 9, 2015)
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As I See It...

When I worked in the fuel business, we called the days between Memorial Day to Labor Day the "100 Day War".

 

We had 100 days to make as much money as we could to help us achieve our goals.

 

Many times these 100 days were the best in our business.

 

In Greater Minnesota the liquor business is very similar.

 

Sales can be driven by resorts and our cabin friends returning for the summer.

 

So with fishing opener this weekend, is it safe to say it is a "114 Day War?"

 

For the municipal liquor industry it may seem we have already been to war.

 

There is the ongoing push from the beer activists and Sunday Sales folks.

 

We are surrounded by negative press, on the air and in print.

 

Let's not forget our newest best buddy, Total Wines, who is pouting because we have called check mate.

 

All these can have a negative impact on our business if we let it.

 

But we can't!

 

We need to put these things to rest and focus on what we do best, taking care of the customer.

 

Let's make sure we have our "aces in their places," provide tools for training our employees, and most of all give customers a reason for wanting to return.

 

This is one of the most enjoyable industries we could ever be involved with.

 

Let's concentrate on all those positive things and make the most out of the next 114 days.

 

Bill Ludwig

Paynesville Liquors

Items of Value
AGE Logo

Date: May 1, 2015

To: Minnesota Alcoholic Beverage Wholesale Distributors

From: The Minnesota Department of Public Safety, Alcohol & Gambling Enforcement Division

Subject: Items of Value

Recent activity occurring in the retail market has caused the Alcohol and Gambling Enforcement Division (AGED) to provide this industry reminder.

Alcoholic beverage wholesale distributor interaction with retail is governed under the provisions of Minnesota Statute 340A.308 and Minnesota Rules Chapter 75150300 subpart 5.

The statute and rules prohibit alcoholic beverage distributors from providing items of value to retail.

An item of value is typically a product or sen/ice provided to select retail accounts to the exclusion of the retailer's competition.

As wholesale distributors you are tasked with receiving product from manufacturers and importers for resale from your licensed warehouse to retail.

It is the duty of the retailer to stock their stores and staff their business adequately to sell the product to consumers.

Although not specifically addressed in the statute and rule, the delivery of product, setting up displays, providing signs and rotating outdated product has traditionally been a wholesale activity conducted at retail.

It can become an item of value if the activity is not equally available to all retail accounts the wholesaler services.

The state regulations and the Alcohol & Gambling Enforcement Division have not and do not plan to micromanage this activity.

However we will investigate allegations of violations and take action when necessary.

The Alcohol & Gambling Enforcement Division values the sen/ices wholesalers provide.

You are the backbone of the industry.

We provide this correspondence as a courtesy reminder of our expectations that distributors remain in compliance with the law, we appreciate your efforts to comply.

Signed,
Michael T. McManus
Supervisor Regulatory investigations Alcohol Enforcement
MN DPS Alcohol and Gambling Enforcement
445 Minnesota st Suite 222 | Saint Paul, MN 55101
651-201-7502 (Direct) | 651-297-5259 (Fax) | mike.mcmanus@state.mn.us
EQUAL OPPORTUNITY EMPLOYER

 

Implementation of New Minnesota Liquor Laws
Laws

The League Of Minnesota Cities has received a few questions regarding how to implement the new liquor laws concerning such changes as new operating hours, off-sale licenses for microdistilleries and Sunday growler sales. 

 

Since these laws are already in effect, here's a little guidance in case your city is approached.

 

MICRODISTILLERY OFF-SALE LICENSE

 

A microdistillery licensed by the state may approach the city for an off-sale license for sale of distilled spirits produced on-site.  

 

The city does not have to issue a license, of course.  

 

But if the city wants to allow off-sale by the microdistilleries, it should make sure its liquor ordinance accommodates this. 

 

The hours for off-sale at the microdistillery must be the same as the hours for the rest of the off-sale liquor establishments in the city.

 

According to the state, state approval of this license is not necessary, but the state should be notified as with most on-sale licenses. 

 

Once the city's licensing ordinance allowing for this is published, the license is effective.

 

OFF-SALE GROWLERS ON SUNDAY

 

It's possible the city may be approached by a state-licensed brewer that is interested in Sunday off-sale of growlers of malt liquor produced and packaged by the brewer. 

 

To do so, the brewer will need an off-sale license and general approval of Sunday growler sales from the city council.

 

If a brewer already has an off-sale license (to sell growlers), the city must simply approve Sunday growler sales in general, as well as the hours off-sale can occur. 

 

Upon publication of an ordinance doing this, the licensed brewer may sell growlers on Sunday.

 

If the brewer doesn't have an off-sale license, and the city wishes to grant such a license, first the city needs to make sure the city ordinance allows for such a license. 

 

The city must still approve Sunday sales and the hours for which Sunday sales of growlers are permitted. 

 

Once such an ordinance is published and the new license is approved by the state, Sunday growler sales are legal.

 

If the city doesn't wish to allow Sunday sales of growlers, it need not issue this license.

 

MICRODISTILLERY TEMPORARY LICENSE

 

Previously, a small brewer could obtain a temporary license for the on-sale of intoxicating liquor in connection with a social event within the city and sponsored by the brewer. 

 

Now microdistilleries can also get a temporary license for such an event.

 

This license is subject to the same requirements (e.g., state approval, insurance) as other temporary on-sale intoxicating liquor licenses, but a city's ordinance may need to be changed to allow it to be issued to a microdistillery.

 

"BLOODY MARY" LAW

 

In cities where Sunday on-sale has been authorized by voters, a restaurant, club, bowling center or hotel (with a seating capacity of at least 30 persons) that holds an on-sale intoxicating liquor license and a Sunday license may now serve intoxicating liquor with food on Sundays as early as 8:00 AM. 

 

Previously, no alcohol could be served by an establishment prior to 10:00 AM on Sunday.

 

How a city must proceed depends on whether it wishes to allow the earlier start time and whether it has set specific hours of Sunday on-sale service by ordinance.

 

If a city has explicitly stated hours of Sunday on-sale liquor service in ordinance and wishes to allow Sunday sales as early as 8:00, it will have to change the ordinance. 

 

If the city doesn't wish to change the specific hours set in ordinance, the city need not change them and businesses must continue to follow the ordinance.

 

If the city has not set hours of Sunday on-sale in ordinance or simply defers to state law on the matter, it need not change its ordinance now unless it wants to set a start time other than 8:00 AM.

 

 

Edward S. Cadman | Special Counsel
 
League of Minnesota Cities
Direct: 651.281.1229 | Fax: 651.215.4129
Email: 
ecadman@lmc.org |  www.lmc.org
If I Gave You Two Cats...
Snookums

Teacher: "If I gave you 2 cats and another 2 cats and another 2, how many will you have?"

Johnny: "Seven."

Teacher: "No, listen carefully... If I gave you 2 cats, and another 2 cats and another 2, how many will you have?"

Johnny: "Seven."

Teacher: "Let me put it to you differently. If I gave you 2 apples, and another 2 apples and another 2, how many would you have?"

Johnny: "Six."

Teacher: "Good. Now if I gave you 2 cats, and another 2 cats and another 2, how many would you have?"

Johnny: "Seven!"

Teacher: "Johnny, where in the heck do you get seven from?!"

Johnny: Because I've already got a freaking cat!"

 

Future Dates to Remember
2015 MMBA Annual Conference

May 16 -19
Arrowwood Resort

Ask A Director

Gary Buysse
Rogers
763-428-0163

Cathy Pletta
Kasson
507-634-7618
  
Bill Ludwig
Paynesville
320-250-3325
  
Candice Woods
Hutchinson 
320-587-2762
  
John Jacobi
Isanti
763-444-5063

Michael Friesen
Hawley
218-483-4747

Lisa Kamrowski
Nevis 
218-652-3135

Steve Grausam
Edina
952-903-5732

Toni Buchite
50 Lakes
218-763-2035

Brenda Visnovec
Lakeville 
952-985-4901
 
Bridgitte Konrad
North Branch
651-674-8113
  
Shelly Dillon
Callaway
218-375-4691
  
Karissa Kurth
Buffalo Lake
320-833-2321
 
Paul Kaspszak
MMBA
763-572-0222
1-866-938-3925

 
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Minnesota SMART

The SMART campaign: Supporting Minnesota's Alcohol Regulations and Traditions, is a renewed public education and grassroots advocacy effort in support of Minnesota's current alcohol regulations and three-tier system.

 

We believe Minnesota's current alcohol regulations are smart, balanced, and supported by many citizens and our local small businesses.    

    

They work well for Minnesota!

 

The SMART campaign functions to help you engage in advocacy efforts with state legislators and others in support of Minnesota's current alcohol regulations, and to oppose issues-such as Sunday alcohol sales.

We want to make it easy and effective for you to engage.

 

Take action and send an email to your state legislators today through the new SMART campaign website.   

 

We have sample letters and legislator contact information put together that is ready to go.   

 

  Click Here for the Website
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Beverage Alcohol Training

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 Contact Bob Leslie at:
 
320-766-3871
 


Contact Gary Buysse at:

763-428-0164

Programming Bacteria to Detect Cancer (and Maybe Treat it)
Liver cancer is one of the most difficult cancers to detect, but synthetic biologist Tal Danino had a left-field thought:

What if we could create a probiotic, edible bacteria that was "programmed" to find liver tumors?

His insight exploits something we're just beginning to understand about bacteria: their power of quorum sensing, or doing something together once they
reach critical mass.

Danino, a TED Fellow, explains how quorum sensing works - and how clever bacteria working together could someday change cancer treatment.

 

Click Here

 




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