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socrateaser
socrateaser, Lawyer
Category: Family Law
Satisfied Customers: 38502
Experience:  Retired (mostly)
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Hello, Im a divorced father of two. My exwife and I have joint

Customer Question

Hello, I'm a divorced father of two. My exwife and I have joint custody. My 11 year old daughter and 9 year old son are with me for a week. Then for her for a week. She is always active in "going out" for example bars, bar function sporting events (softball and volleyball) which she participates in.
It has come to my attention that that she brings the children to the bar with her after games (7pm to 9pm game ending). Then she's a patron of the bar for an hour or more with my children present. Last Friday till 11:30 pm.
Some of the bars have an eating establishment or a full menu. I know for fact that she sits at the bar area and allows my children to entertain themselves around the pool tables, dart boards and the like....while other drinking patrons are playing...and the like.
What is the state law on this matter and where can i get a copy? State of Minnesota, Stearns County.
Submitted: 6 years ago.
Category: Family Law
Expert:  socrateaser replied 6 years ago.

Hi,

 

See this link for the various Minnesota laws and regulations surrounding underage persons in a drinking establishment.

 

Hope this helps.

 

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Customer: replied 6 years ago.

I have read thru the regulations. Specifically Subd 4.b

It seems to be very unclear.....neither a yes or a no. If I disagree with it does the regulation support the "charter home rule city" as mentioned..... what are the "laymans" wording?

Expert:  socrateaser replied 6 years ago.

The botXXXXX XXXXXne is that the children can't enter a bar that doesn't serve "meals," or that does not have an area where liquour is not sold and which permits some social function.

 

For example, using your facts, if the bar has a pool table area and a person can order drinks from a barmaid in that area, then the children cannot be in that area, because liquour is sold therein. Similarly, if there are no "meals" served by the bar, then, the children cannot be in the bar at all, unless there is some area where neither meals nor liquour is sold -- but, that wouldn't be a bar, now would it?

 

I understand your concern, but be careful, because the laws are intended to operate against the establishment -- not, a custodial parent. The point being that it is not necessarily true that the parent is disserving the child(ren)'s best interests by having them in a bar where the establishment is prohibited from having the children.

 

If I were the judge, I wouldn't be real excited by what mom is doing, but I'd need more facts, before I would start thinking about making a parenting order change, based solely on the facts and circumstances you describe.

 

Hope this helps.

socrateaser and 3 other Family Law Specialists are ready to help you
Customer: replied 6 years ago.
Similarily then...if a bar provides a meal.....for example pizza in all areas of the bar then children under 18 are permitted?
Expert:  socrateaser replied 6 years ago.

Yes. If the bar serves pizza in a bar area, then the kids can eat in the bar.

 

Personally, I find this offensive, because when I visit a bar, I want an adult environment. But, the law is what it is, and MN law permits children in a bar for the purposes of consuming meals.

 

Note: your facts show that the kids may not be consuming meals, i.e., they're done, and still in the bar playing pool. I think that would violate the bar's license -- but it's hard to prove, unless the inspector hangs around to see the whole picture.