Subdivision 1. Restriction. Except as provided in this section, no retail licensee may accept or receive credit, other than merchandising credit in the ordinary course of business for a period not to exceed 30 days, from a distiller, manufacturer, or wholesaler of distilled spirits or wine, or agent or employee thereof. No distiller, manufacturer or wholesaler may extend the prohibited credit to a retail licensee. No retail licensee delinquent beyond the 30-day period shall solicit, accept or receive credit or purchase or acquire distilled spirits or wine directly or indirectly, and no distiller, manufacturer or wholesaler shall knowingly grant or extend credit nor sell, furnish or supply distilled spirits or wine to a retail licensee who has been posted delinquent under subdivision 3. No right of action shall exist for the collection of any claim based upon credit extended contrary to the provisions of this section.
Subd. 2. Reporting. Every distiller, manufacturer or wholesaler selling to retailers shall submit to the commissioner in triplicate not later than Thursday of each calendar week a verified list of the names and addresses of each retail licensee purchasing distilled spirits or wine from that distiller, manufacturer, or wholesaler who, on the first day of that calendar week, was delinquent beyond the 30-day period, or a verified statement that no delinquencies exist which are required to be reported. The name and address of each retail licensee who makes payment with a postdated check, or a check that is dishonored on presentment, must also be submitted to the commissioner at that time. If a retail licensee previously reported as delinquent cures the delinquency by payment, the name and address of that licensee shall be submitted in triplicate to the commissioner not later than the close of the second full business day following the day the delinquency was cured.
Subd. 3. Posting; notice. Verified lists or statements required by subdivision 2 shall be posted by the commissioner in offices of the department in places available for public inspection not later than the Monday following receipt. Documents posted shall constitute notice to every distiller, manufacturer, or wholesaler of the information posted. Actual notice, however received, also constitutes notice.
Subd. 4. Miscellaneous provisions. The 30-day merchandising period allowed by this section shall commence with the day immediately following the date of invoice and shall include all successive days, including Sundays and holidays, to and including the 30th successive day. In addition to other legal methods, payment by check during the period for which merchandising credit may be extended shall be considered payment. All checks received in payment for distilled spirits or wine shall be deposited promptly for collection. A postdated check or a check dishonored on presentation for payment does not constitute payment. A retail licensee shall not be deemed delinquent for any alleged sale in any instance where there exists a bona fide dispute between the licensee and the distiller, manufacturer or wholesaler as to the amount owing as a result of the alleged sale. A delinquent retail licensee who engages in the retail liquor business at two or more locations shall be deemed to be delinquent with respect to each location. A retail licensee who engages in the retail liquor business at two or more locations means "a person or group of persons possessing 50 percent or more ownership in two or more locations."
Subd. 5. License suspension or revocation. The license of any retail licensee, distiller, manufacturer or wholesaler violating any provision of this section shall be subject to suspension or revocation in the manner provided by this chapter.
1986 c 465 art 2 s 7; 1987 c 152 art 1 s 1; 1987 c 310 s 5-7; 2003 c 126 s 5
Structure Minnesota Statutes
Chapters 324 - 341 — Trade Regulations, Consumer Protection
Section 340A.101 — Definitions.
Section 340A.201 — Liquor Control Authority.
Section 340A.22 — Microdistilleries; Distilled Spirit Manufacturers.
Section 340A.26 — Brewer Taprooms.
Section 340A.28 — Small Brewer Off-sale.
Section 340A.29 — Off-sale Packaging Requirements For Certain Small Brewers.
Section 340A.301 — Manufacturers, Brewers, And Wholesalers Licenses.
Section 340A.3021 — Importation Restrictions.
Section 340A.304 — License Suspension And Revocation.
Section 340A.305 — Warehousing.
Section 340A.3055 — Manufacturer's Warehouse Permit.
Section 340A.306 — Fraudulent Shipments.
Section 340A.307 — Unlawful Discrimination.
Section 340A.308 — Prohibited Transactions.
Section 340A.309 — Exclusive Contracts.
Section 340A.310 — Sales By Wholesalers.
Section 340A.311 — Brand Registration.
Section 340A.312 — Joint Purchases; Volume Prices.
Section 340A.314 — Suggested Retail Prices.
Section 340A.315 — Farm Winery License.
Section 340A.316 — Sacramental Wine.
Section 340A.317 — Licensing Of Brokers.
Section 340A.318 — Credit Extensions Restricted.
Section 340A.319 — Reports By Brewers.
Section 340A.33 — Brew On Premises Store.
Section 340A.34 — Winemaking On Premises Store.
Section 340A.401 — License Required.
Section 340A.4011 — Bed And Breakfast Facilities; When License Not Required.
Section 340A.402 — Persons Eligible.
Section 340A.403 — 3.2 Percent Malt Liquor Licenses.
Section 340A.404 — Intoxicating Liquor; On-sale Licenses.
Section 340A.4041 — Culinary Classes; On-sale License.
Section 340A.4042 — Wine Or Malt Liquor Educator; On-sale License.
Section 340A.405 — Intoxicating Liquor; Off-sale Licenses.
Section 340A.4055 — Licenses In Indian Country.
Section 340A.406 — Intoxicating Liquor; Combination Licenses.
Section 340A.407 — Common Carriers.
Section 340A.408 — Retail License Fees.
Section 340A.409 — Liability Insurance.
Section 340A.410 — License Restrictions; General.
Section 340A.411 — License Restrictions; 3.2 Percent Malt Liquor Licenses.
Section 340A.412 — License Restrictions; Intoxicating Liquor Licenses.
Section 340A.413 — Restrictions On Number Of Intoxicating Liquor Licenses That May Be Issued.
Section 340A.414 — Consumption And Display Permits.
Section 340A.415 — License Revocation Or Suspension; Civil Penalty.
Section 340A.416 — Local Option Election.
Section 340A.417 — Shipments Into Minnesota.
Section 340A.4175 — Wine Festival.
Section 340A.418 — Alcoholic Beverage Tastings.
Section 340A.419 — Tastings Conducted By Exclusive Liquor Store.
Section 340A.425 — Service At Capitol.
Section 340A.501 — Responsibility Of Licensee.
Section 340A.502 — Sales To Obviously Intoxicated Persons.
Section 340A.503 — Persons Under 21; Illegal Acts.
Section 340A.504 — Hours And Days Of Sale.
Section 340A.5041 — Airport Commission; Extended Hours.
Section 340A.505 — Licensee May Not Sell For Resale.
Section 340A.506 — Sales Of Ethyl Alcohol And Neutral Spirits Prohibited.
Section 340A.507 — Regulation Of Advertising.
Section 340A.5071 — Coupons Prohibited.
Section 340A.508 — Tampering Or Refilling Bottles.
Section 340A.509 — Local Restrictions.
Section 340A.511 — Certain Sizes May Be Sold.
Section 340A.512 — Containers Brought Into Premises.
Section 340A.513 — Sale Of Beer Kegs.
Section 340A.601 — Establishment Of Municipal Liquor Stores.
Section 340A.602 — Continuation.
Section 340A.603 — Financial Responsibility.
Section 340A.604 — Suspension Of Operation.
Section 340A.702 — Gross Misdemeanors.
Section 340A.703 — Misdemeanors.
Section 340A.7035 — Consumer Importation; Illegal Acts.
Section 340A.704 — Search Warrants.
Section 340A.705 — Prima Facie Evidence.
Section 340A.706 — Alcohol Without Liquid Devices Prohibited.
Section 340A.707 — Auction Or Raffle For Charitable Purposes.
Section 340A.801 — Civil Actions.
Section 340A.802 — Notice Of Injury; Discovery Before Actions.
Section 340A.90 — Civil Action; Intoxication Of Person Under Age 21.
Section 340A.902 — Drunkenness Not A Crime.
Section 340A.904 — Seized Liquor.
Section 340A.905 — Notice Of Violation.
Section 340A.906 — Nonapplicability.
Section 340A.907 — Inspection.
Section 340A.908 — Liqueur-filled Candy.
Section 340A.909 — Sale Of Minnesota Beer At Public Facilities.