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Frequently Asked Questions
Minnesota Department of Public Safety, Alcohol and Gambling Enforcement
445 Minnesota St
Suite 1600
St Paul, MN 55101
Phone: 651-201-7500
URL: https://dps.mn.gov
MN Legal Age to Consume: 21
MN Legal Age to Serve: 18
MN Legal Age to Pour: 18 Age to sell in off-premise establishments is 18 years. However, on-premise establishments may employ 17 year olds to sell or serve, provided those individuals have completed a server training program and are being supervised by someone who is at least 18 years old.
Additional Info: Minnesota has a Dram Shop Law, also known as the Civil Liability Act, which allows lawsuits against establishments that sell or serve alcohol to intoxicated patrons who cause harm. Here's a breakdown of the key points:
* **Seller Liability:** Minnesota Statutes section 340A.801 outlines Dram Shop liability in Minnesota. This law allows lawsuits against businesses that sell or serve alcoholic beverages to people who are **obviously intoxicated** at the time of service. If this intoxicated person then causes injury or death to themselves or others due to their intoxication, the vendor could be held liable for damages.
* **Focus on Visible Intoxication:** Similar to other states, the law hinges on proving the establishment served alcohol to a patron who exhibited clear signs of intoxication. This could include slurred speech, difficulty walking, or incoherent behavior.
* **Harm Caused:** The intoxicated person must cause harm to themselves or others (such as a DUI accident or violent behavior) for Dram Shop Law to be applicable.
**Important to Note:**
* Unlike some states, Minnesota's Dram Shop Law doesn't require proving the patron was already intoxicated before being served. The focus is on whether the vendor served alcohol to someone who became visibly intoxicated while at the establishment.
**Social Host Liability:**
Minnesota's Dram Shop Law applies primarily to licensed vendors of alcohol. There is no general social host liability for providing alcohol to adults at private gatherings. However, social hosts can be liable in specific situations, such as knowingly providing alcohol to minors.
Here's a table summarizing the key points:
| Scenario | Liability under Minnesota Dram Shop Law |
|---|---|
| Bar serves alcohol to a visibly intoxicated patron who causes a DUI accident | Potentially Yes |
| Restaurant serves multiple drinks to someone who gets in a fight with another patron | Potentially Yes |
| Person provides alcohol at a party to a friend who is visibly intoxicated and later drives home and crashes | Not Likely (unless the friend is underage) |
**Additional Considerations:**
* Dram Shop cases can be complex. The specific circumstances, evidence available (such as receipts or witness statements), and the level of intoxication will all play a role in determining liability.
* Consulting with an attorney specializing in personal injury or Dram Shop Law is recommended if you believe you have a case under Minnesota's Dram Shop Law. They can evaluate your situation and advise you on the legal options.
Here are some resources for further information:
* Minnesota Statutes section 340A.801: [https://jlolaw.com/wp-content/uploads/2015/07/dram_shop_materials_2011.pdf](https://jlolaw.com/wp-content/uploads/2015/07/dram_shop_materials_2011.pdf)
* Dram Shop Law & Social Host Liability in Minnesota: [https://www.boltlawfirm.com/client-portal/](https://www.boltlawfirm.com/client-portal/)