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Alcohol and Gambling Enforcement

A Division of the Minnesota Department of Public Safety
 
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Executive Order 20-63: Effective May 31, 2020 at 11:59 PM

ON SALE LIQUOR LICENSES and ON PREMISE CONSUMPTION
Restaurants, food courts, cafes, coffeehouses, bars, taverns, brewer taprooms, micro distiller cocktail rooms, farm wineries, craft wineries, cideries, golf courses, and other places of public accommodation offering alcoholic beverages for on-premises consumption, may provide OUTDOOR service in accordance with the following requirements:

  • All establishments must develop and implement a COVID 19 Preparedness plan in accordance to applicable guidance available DEED’s guidance website (https://mn.gov/deed/guidance).
  • All establishments must ensure that the number of customers at any one time is limited to the number for whom physical distancing of 6 feet can be maintained between tables, not to
    exceed 50 people.
  • Workers and customers must follow face-covering requirements as set forth in the applicable guidance available at DEED’s guidance website (https://mn.gov/deed/guidance).
  • In the event of inclement weather, customers may move indoors to package food and pay bills but must exit quickly. While indoors, customers must follow social distancing rules and avoid congregating. Executive Order 20-63 does not prohibit indoor sheltering in the event of severe weather.
  • All establishments must follow applicable state and local laws and regulations. Local governments are encouraged to work collaboratively with establishments to allow for outdoor service.


OUTDOOR SERVICE
The local government must approve any compact and contiguous additions to the licensed premises and include such additions in the issuing authority’s license files. AGED does not require copies of premise maps or premise extension plans.

Sidewalk seating or other types of local authority controlled public spaces for expanded seating could be utilized at the local authority’s discretion.  For example, a parking lot could be used, but would have to compact and contiguous to the licensed premise.

Minnesota law does not address the types of accessories that could be used to delineate additions to licensed premises.  Some establishments have used planters, ropes, paint, fencing, railings, or concrete barriers, etc.

The space needs to be identified in some manner as an alcoholic beverage service area. Identifying the space as part of the licensed premises establishes the area where alcohol can be sold and consumed, so consumers, the business, and regulators know where the service area is and that it is covered by a proper license and insurance.

Establishments that do not have outdoor spaces that are compact and contiguous could apply for an alcohol catering permit.

CATERER’ S PERMIT
AGED may issue a Caterer’ Permit to a restaurant that holds an on-sale intoxicating liquor license issued by any municipality. The holder of a caterer's permit may sell intoxicating liquor as an incidental part of a food service that serves prepared meals at a place other than the premises for which the holder's on-sale intoxicating liquor license is issued.

To obtain a Caterer's Permit, the applicant must currently hold a valid retail on-sale intoxicating liquor license at a restaurant. All liquor laws and rules apply to both the on-sale license as well as the caterer's permit. Liquor liability and workers compensation insurance are mandatory and a certificate showing off premises coverage must accompany this application for a caterer's permit. Cancellation or suspension of the on-sale license invalidates the caterer's permit also.

The applicant is required to notify the city police chief or county sheriff (if located outside city limits) before any catered events take place in their jurisdiction. Only the licensee holding the caterer’s permit shall provide food and liquor at catered events. A pre-license inspection will be conducted by this office prior to caterer’s permit approval. Caterer's Permit Application.


GOLF COURSES
Alcoholic beverages and consumption is allowed on the greens and golf course. The sale of alcoholic beverages is permitted from the establishments’ beer or golf carts, in accordance with the establishment’s COVID-19 preparedness plan.  Alcoholic beverage service or consumption is not allowed in the clubhouse, restaurant, or other indoor areas.


FARM WINERIES and CRAFT WINERIES
Alcoholic beverages and consumption is allowed on the farm and/or vineyard, in accordance with the establishment’s COVID-19 preparedness plan.  Alcoholic beverage service or consumption is not allowed in the winery, barns, restaurant, or other indoor areas.

LIMITED OFF SALE FOR RESTAURANTS
EO-63 does not negate the limited off sale of alcoholic beverages by on sale liquor establishments and the restrictions remain:

  • Only establishments that hold a restaurant license issued by the department of health are eligible.
  • Alcoholic beverages are limited to 72 ounces of malt liquor, hard seltzer and cider, and 750ml of wine per prepared food take out order ( a six pack and a bottle of wine).
  • The alcoholic beverages are sold in their original, unopened packaging.
  • Hours and days of sale are the same as liquor stores.
  • Food deliveries cannot include alcohol.
  • Local city, county, and/or municipality may opt out.

Bars and Restaurant Update

​Restaurants and bars are allowed to serve food and beverages in outdoor areas only that are connected to their business starting June 1, according to Governor Walz Executive Order 20-56.

Establishments with an alcoholic beverage license must comply with state law by serving in an outdoor premises that is compact and contiguous to their current business.

The licensed premises can include physically connected attachments to the main structure such as patios, decks, or pavilions.  The space must be owned and/or leased and be a part of the business.  The city must approve any compact and contiguous additions to the licensed premises and include such additions in the license files.

Sidewalk seating or other types of city-controlled public spaces that would normally not be used for expanded seating could be utilized at the city’s discretion. The city would have to allow the license holder use of the space and include it as a retail-licensed premises patio space.  In addition, a parking lot could be used but would also have to constitute a compact and contiguous additional patio space.

Another option would be for the business to apply and qualify for an alcohol catering permit. This would allow for event activity in spaces that are not compact and contiguous additions to the licensed premises.

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Video Description: Get an inside look at how the Minnesota Department of Public Safety Alcohol and Gambling Enforcement Division works with Native American tribes to ensure slot machines are paying out correctly and gaming is fair for all.