State v. Beaudry

365 N.W.2d 593 (1985)

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Nature of the Case

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Facts

Janet Beaudry (D) and her husband Wallace are the sole shareholders of Sohn Manufacturing, a corporation licensed to sell alcoholic beverages at the Village Green Tavern. D's problems started when a sheriff's deputy stopped at 3:45 am to investigate why more lights than usual were on inside the building. The deputy noticed two people standing behind the bar with music on and glasses on the bar and the door locked. When the deputy knocked, he was admitted by Mark, the tavern manager. The tavern manager and two others were inside the bar, and they were all drinking. A formal complaint was issued. When Wallace found out about the incident, the tavern manager was fired. D was served with summons and complaint for the crime of keeping a tavern open after hours. The case was tried, and evidence showed that the manager had been properly informed of his duty to abide by liquor laws and that the manager had never been authorized to stay open after hours, to throw a private party, or to give liquor to friends. The manager testified that he served liquor after hours but that D had never authorized him to stay open after hours. The jury was instructed as to strict liability and to D's vicarious liability if the manager was acting within the scope of his employment. The jury returned a verdict of guilty. This appeal eventually resulted.