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MBC Presentations * 21100 Excelsior Blvd. * Excelsior, MN 55331 <br /> <br />Miles'B. Canning's "Present the BESTI" Alcohol Awareness Seminar <br /> <br />MINNESOTA Fact Sheet: July-~eptetnber, 1994 <br /> <br />This sheet provides general information as of the date completed and is intended to summarize various answers <br />received from public resources regarding liquor issues. An attorney, liqqor control administrator, police officer, or <br />insurance agent may' provide more timely information and should be consulted ff accurate and authoritative <br />information is important. The August 15, 1989, (gth ed.) of Alcohol Server Liability: a compilation of dram shop <br />and related statutes and judicial rulings, by the Nat'l Alcoholic Beverage Control Assn., Inc. provided some of this <br />information as well as the Mime. Department of Public Safety and the Minn. Prevention Resource Center. <br /> <br />1. Liquor control office or licensing boards: State of Minnesota: 296-6159; Duluth: 218-723- <br />3340; Mpls: 673-2080; Roch: 507-285-8086; St. Cloud: 612-255-7210; St. Paul: 266-9110. <br /> <br />2. State statute(s) governing "Dram Shop" laws: It is illegal to sell, give, furnish or provide <br />alcohol to an underaged (M.S.A. §340A.503) or obviously intoxicated 0VI. S.A. §340A.502) <br />person; "Social host'. liability for adult serving minor as of August 1, 1990. Private clubs subject <br />to liability ifpatro~ served is neither a member nor a guest. CivilLiability also can be based upon <br />violation of COMT~ON LA W (i.e. "irresponsible" promotions or practices). <br /> <br />3. "DWI" blood alcohol percentage levels/ concentration ("BAL" or "BAC"): "Driving <br />While Under the Irifluenced Intoxicated." You can be arrested if BAL is greater than .05. A level <br />of. 10 presumes intoxication and ensures license will be automatically revoked (for up to a year). <br />1st offense is a misdemeanor; Implied Consent Law now makes it a misdemeanor to refuse the <br />test. Loss of license, fines, and incarceration' are possible if convicted. 1993 "Use It and Lose It" <br />Statute penalizes minors with any alcohol while driving 30 days suspension of driver's license for <br />first offense, 180 days for a second offense. ~ <br /> <br />4. Is a bartender/server/seller individually liable? Yes. For serving or selling alcohol to an <br />underaged person, and for serving or selhng to an obxaously mtoxacated person, or for knowingly <br />making a second-party sale a gross misdemeanor..(max. 1 .year in.jail and/or $3000. fine). The last <br />person in the chain Of service is individually liable for that transaction. <br /> <br />Other Info.: "Notice of Claim" of 120 days. (M.S.A. §340A, 801) 2 yr. limit. Licensee is also <br />responsible for acts of employees (M.S,A. §340A.501). A liquor licensee is responsible for the <br />end destination of eVery drink that is served including "Second Party" sales. <br /> <br />Penalties: <br /> <br />Criminal: <br /> <br />Gross Misdemeanor (up to 1 year in jail and/or a $3,000 fine); <br /> <br />Civil (Dram Shop): <br /> <br />"3rd party liability." If negligence can be proven, both the employee and <br />the licensee can be sued to recover damages resulting even inpart from <br />that negligence. Proof' of illegal service is negligence per se. "Joint and <br />several liability" (>$15,000) exists in Minnesota. (Consult your attorney). <br /> <br />Administrative: <br /> <br />Municipal licensing authorities can fine, suspend or revoke a liquor license. <br />Cities that license employees who sell alcohol may withhold licenses. <br /> <br />Phone 612-470-9025 * Toll free 800-242-2499 * FAX 612-470-9019 <br /> <br /> <br />