State v. Guminga

395 N.W.2d 344 (1986)

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Nature of the Case

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Facts

Two undercover investigators for the City of Hopkins entered Lindee's Restaurant, Hopkins, Minnesota, with a 17-year-old woman. All three ordered alcoholic beverages. The minor had never been in Lindee's before, and the waitress did not ask the minor her age or request identification. When the waitress returned with their orders, the minor paid for all the drinks. After confirming that the drink contained alcohol, the officers arrested the waitress for serving intoxicating liquor to a minor in violation of Minn. Stat. § 340.73 (1984). Joseph Guminga (D), the owner was subsequently charged with violation of section 340.73. The statute imposed vicarious criminal liability on an employer whose employee serves intoxicating liquor to a minor. The state (P) does not contend that D was aware of or ratified the waitress's actions. D moved to dismiss the charge under due process violations. The court denied that motion and the issue was eventually certified to the Supreme Court of Minnesota. The certified question of law before this court is as follows: Whether Minn. Stat. § 340.941, on its face, violates the defendant's right to due process of law under the Fourteenth Amendment to the United States Constitution and analogous provisions of the Constitution of the State of Minnesota.