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14 Minnesota Attorney General Reports and Opinions 1 (1981)

handle is hein.sag/sagmn0018 and id is 1 raw text is: JANUARY 1981 MINNESOTA LEGAL REGISTER Vol. 14, No. 1 Opinions of the Attorney General -on. WARREN SPANNAUS IN'TOXICATING LIQUOR: MUNICIPALITIES: SUN- DAY SALES: Sunday liquor sales may be prohibited by ordinance on certain Sundays of the year in the discretion of the governing body of the municipality issuing Sunday on-sale liquor licenses. Kent E. Nyberg, Esq. Keewatin City Attorney 20 Northeast 4th Street Grand Rapids, Minnesota 55744 January 9, 1981 218-g-19 In your letter to Attorney General Warren Span- naus, you state substantially the following FACTS The City of Keewatin currently does not have au- thority to issue Sunday on-sale liquor licenses. The Keewatin City Council wishes to seek voter approval of Sunday sales as provided by Minn. Stat. § 340.14, subd. 5(c) (1978), as amended. Assuming voter ap- proval, the Council wishes to prohibit Sunday liquor sales on certain, specified Sundays of each year. Minn. Stat. § 340.11, subd. 17 (1978) provides: any local authority shall have power to impose further restrictions and regulations upon the sale and possession of intoxicating liquor within its limits. You then ask substantially the following: QUESTION May a municipality prohibit its Sunday liquor lic- ensees from selling intoxicating liquor on specified Sundays of the year? OPINION It is our opinion that a municipality may forbid sales of intoxicating liquor on whatever days that it, in its discretion, decides. By reason of Minn. Stat. § 340.11, subd. 17 (1978), quoted above, it is clear that the legislature has em- powered municipalities to further regulate and restrict sales of intoxicating liquor within its borders beyond those restrictions contained in Minn. Stat. Ch. 340 (1978). We believe that the prohibition of intoxicating liquor sales on designated Sundays is clearly among the powers conferred by Minn. Stat. § 340.11, subd. 17 (1978). Thus, even after voter approval of Sunday sales, the Keewatin City Council may ordain specific Sun- days on which it shall be unlawful to sell intoxicating liquor. We construe this to be a permissible further restriction on days of sale contained in Minn. Stat. § 340.14, subd. 5(a) (1978). We therefore answer your question in the affirmative. This opinion supersedes Op. Atty. Gen. 218-g-19, June 6, 1974, to the extent that it is inconsistent herewith. WARREN SPANNAUS, Attorney General James M. Campbell, Spec. Asst. Atty. Gen. IN THIS ISSUE Subliject Op. No. Dnted INTOXICATING LIQUOR: Municipalities, Sunday Sales. 218-g-19 1/9/81 MUNICIPALITIES: State Building Code: Applica- biliLy In Newly Annexed Areas. 59a-9 1/14/81 MUNICIPALITIES: STATE BUILDING CODE: AP- PLICABILITY IN NEWLY ANNEXED AREAS; A City having adopted the state building code may en- force that code in territory newly annexed to the city even though the code was not previously applicable in that territory by reason of an election under Minin. Stat. § 16.868 (Supp. 1979) Larry C. Minton, Esq. Hibbing City Attorney 2007 Fourth Avenue East Hibbing, Minnesota 55746 January 14, 1981 59a-9 (CR 59a-1) In your letter to Attorney General Warren Span- naus you present substantially the following FACTS In 1975 the City of Hibbing adopted (by reference) the Minnesota State Building Code as a part of its city code. On October 12, 1979, St. Louis County held an election pursuant to Minn. Stat. §16.868 (Supp. 1979) at which the voters voted against having the Minnesota State Building Code apply in those areas of the county outside home rule charter cities, statu- tory cities, or towns which had adopted the state building code prior to January 1, 1977. One of those outside areas was the Township of Stuntz. There- after, effective December 31, 1979, the entire Town- ship of Stuntz was annexed to the City of Hibbing pursuant to an annexation order previously issued by Minnesota Municipal Board dated July 25, 1979. You then ask substantially the following question. QUESTION Can the City of Hibbing enforce the state huildin.- code in the area that was formerly the Town of Stuntz? OPINION Your question is answered in the affirmative. The state building code was initially adopted in 1971. Minn. Laws 1971, ch. 561. Pursuant to the provi- sions of Minn. Stat. § 16.851, subd. 1 (1978), all muni- cipalities within the state were required to adopt the state building code. See Op. Atty. Gen. 59a-9 (Feb. 14, 1979). In 1979, the legislature amended the statutory provisions governing the applicability of the state building code and granted to non-metropolitan coun- ties the authority to hold a referendum allowing voters in the county to decide whether the state building code would be applicable within certain areas of the county. Those changes are contained in Minn. Stat. § 16.868 (Supp. 1979) which provides in part: If the majority of the votes cast on the proposi- tion is in the negative, the state building code shall Page 1

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