The 1999 legislative session was very successful with numberous provisions being passed to incrementally reduce youth access to alcohol in Minnesota.

The chief author of SF 1109 was Senator Ember Reichgott Junge and the chief author of House File 1289 was Represenative Matt Entenza.

Section 1 (Item passed)

Sets up a fund in the Department of Public Safety allowing the commissioner to award grants to local authorities to conduct alcohol compliance checks.

Section 2 (Item not passed)

• Sets up a system of minimum administrative penalties on alcohol license holders who violate age of sale laws.

1. First offense $250
2. Second offense $500
3. Third offense $500 + three day suspension

• Local authorities are still free to set stronger administrative penalties than these minimums, up to the statutory maximums, if they desire.
  
• Sets a $50 administrative penalty on the server or seller of alcohol who violates the age of sale laws.

Section 3 (Item passed)

• Allows felony charge to be brought against adult providers of alcohol to youth in cases where death or great bodily harm occurs.
• This expands current law which only allows felony charges in cases where an adult actually sells alcohol to an underage youth.
• This section does not apply to licensed retailers or their employees, it only applies to non-commercial adult providers of alcohol to underage youth.

Section 4 (Item passed)

Sets a $100 administrative penalty on individuals under age 21 who violate the minimum drinking age laws.

• This includes among other violations:

1. Consumption of alcohol
2. Purchasing or attempting to purchase alcohol
3. Possession of alcohol
4. Entering licensed premises for the purpose of purchasing or consuming alcohol.
5. Misrepresentation of age.

• Underage individuals can still possess and consume alcohol in the household of their parent or guardian with the consent of their parent or guardian. This does not change current law in this matter.

Results

The result of a lot of very hard work is that all components were passed except minimum administrative penalties (section 2 above).

The Minnesota Legislature created a grant fund of $150,000 (section 1 above) for a two year period for compliance checks. This fund will be administered through the MN Department of Public Safety. This item is significant because it will grow the number of communities that are conducting compliance checks.

The other significant item that passed was closing the “felony loophole” (section 3) in the alcohol statute. This policy item was a result of a New Year’s incident two years ago that involved adults providing alcohol to underage persons and a death resulted because of that illegal action.

Also passed was a minimum $100 administrative penalty on individuals under age 21 who violate the minimum drinking age laws.

Efforts will continue the next legislative session to move administrative penalties and other policy components that will incrementally reduce youth access to alcohol.