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State Profiles of Underage Drinking Laws

- Minnesota -

Underage Drinking: Underage Possession of Alcohol

Possession is prohibited WITH THE FOLLOWING EXCEPTION(S):

  • parent/guardian's home

Underage Drinking: Underage Consumption of Alcohol

Consumption is prohibited WITH THE FOLLOWING EXCEPTION(S):

  • parent/guardian's home
  • AND parent/guardian

Underage Drinking: Internal Possession by Minors

Internal possession is not explicitly prohibited.

Notes:
INTERNAL POSSESSION: Although Minnesota does not prohibit Internal Possession as defined by APIS, it has a statutory provision that makes it unlawful "[f]or any person under the age of 21 years to consume any alcoholic beverages" and further defines "consume" to " [include] the ingestion of an alcoholic beverage and the physical condition of having ingested an alcoholic beverage." Minn. Stat. § 340A.503. Laws that prohibit minors from having alcohol in their bodies, but which do so without reference to a blood, breath, or urine test, are not considered as prohibiting Internal Possession as defined by APIS.

Underage Drinking: Underage Purchase of Alcohol

Purchase is prohibited and there is NO ALLOWANCE for youth purchase for law enforcement purposes.

Underage Drinking: Furnishing Alcohol to Minors

Furnishing is prohibited WITH THE FOLLOWING EXCEPTION(S):

  • parent/guardian's home
  • AND parent/guardian

Underage Drinking: Minimum Ages for On-Premises Servers and Bartenders

Beer: 18 for both servers and bartenders
Wine: 18 for both servers and bartenders
Spirits: 18 for both servers and bartenders

Notes:
Prior to July 1, 2007, minors who had reached the age of 17 could be employed to provide waiter or waitress service in rooms or areas where the presence of 3.2 percent “malt liquor” was incidental to food service or preparation. Minnesota defines “3.2 percent malt liquor” as any beer, ale, or other malt beverage containing not more than 3.2 percent alcohol by weight. Beginning on July 1, 2007, minors who have reached the age of 16 may be so employed.

Underage Drinking: Minimum Ages for Off-Premises Sellers

Beer: 18
Wine: 18
Spirits: 18

Notes:
In Minnesota, the minimum permitted age to sell 3.2 percent malt liquors for off-premises consumption is not specified.

Underage Drinking: False Identification for Obtaining Alcohol

Provision(s) targeting minors:

  • Use of a false ID to obtain alcohol is a criminal offense
  • Penalty may include driver's license suspension through a judicial procedure

Provision(s) targeting suppliers:

  • It is a criminal offense to lend, transfer, or sell a false ID

Provision(s) targeting retailers:

  • Licenses for drivers under age 21 are easily distinguishable from those for drivers age 21 and older
  • Retailers are permitted to seize apparently false IDs
  • Specific affirmative defense - the retailer inspected the false ID and came to a reasonable conclusion based on its appearance that it was valid

Blood Alcohol Concentration (BAC) Limits: Youth (Underage Operators of Noncommercial Motor Vehicles)
BAC limit: 0.00 - any detectable alcohol in the blood is per se (conclusive) evidence of a violation.

Applies to drivers under age 21.

Retail Sales: Keg Registration

Keg definition: not less than 7 gallons

Prohibited:

  • destroying the label on a keg - max. fine/jail: $1000 / 90 days

Purchaser information collected:

  • verified by a government-issued ID
  • Warning information to purchaser: passive – no purchaser action required

    Deposit: not required

    Provisions do not specifically address disposable kegs

    National Institute on Alcohol Abuse and Alcoholism National Institutes of Health Department of Health and Human Services USA.gov - Government Made Easy