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STATE v. YOUNG

No. 48456.

268 N.W.2d 428 (1978)

STATE of Minnesota, Appellant, v. Robert YOUNG, President of Futurama, Inc., d. b. a. Popeye's Off-Sale, Respondent.

Supreme Court of Minnesota.

July 14, 1978.

Attorney(s) appearing for the Case

Warren Spannaus, Atty. Gen., Thomas L. Fabel, Dep. Atty. Gen., Jane Prohaska, Sp. Asst. Atty. Gen., St. Paul, Paul E. Grinnell, Co. Atty., Moorhead, for appellant.

Frederick D. Kraemer, Fargo, N. D., for respondent.

Heard before PETERSON, TODD, and SCOTT, JJ., and considered and decided by the court en banc.

PETERSON, Justice.

The sole issue in this case is whether the principal officer of an off-sale liquor store may be prosecuted for a gross misdemeanor under Minn.St. 340.73 and 340.941 for his employee's sale of liquor to a minor. We reverse and hold that § 340.941, which makes employers vicariously liable for their employee's illegal liquor sales, also applies to off-sale liquor establishments.

Defendant, Robert Young, is the principal officer of Futurama...

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