Legal Question in Business Law in Minnesota

Licensing Statutes

Problem: If a state requires bartenders to be licensed and a bartender lets his license laps, can a patron that has a bar bill of over $150 refuse to pay his bill claiming that the contract is unenforceable due to the lapsed contract? I think not because the only requirements for the bartenders license is the requirement of being at least 18 yrs of age. This being the only requirement points to the only reason for licensing as to ensure that the bartenders are of legal age to handle alcohol and not to protect the public from incompetence such as the licensing of lawyers, doctors, brokers, architects, and plumbers. Am I right about this?


Asked on 10/16/97, 11:37 pm

1 Answer from Attorneys
John Fossum Lundblad, Fossum & Zrimsek, L.L.P.

Bartenders Licensing

I am not familiar with the statute requiring licensure of bartenders, but I cannot imagine a judge allowing that to void the contract anymore than you could refuse to pay an unlicensed barber who cut your hair in your home. I agree that it does not fit with the likely purpose of the statute. I am not certain you could refuse to pay anyone on the grounds that they are not licensed. Unless they are clearly pretending to be some thing they are not. Better pay your bar tab.

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Answered on 10/17/97, 6:02 pm


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