Class A Misdemeanor - Criminal code 12.1-32-01. Classification of
offenses - Penalties. Class A misdemeanor, for which a maximum penalty of
one year's imprisonment, a fine of one thousand dollars, or both, may be
imposed.
Class B Misdemeanor - Criminal code 12.1-32-01. Classification of
offenses - Penalties. Class B misdemeanor, for which a maximum
penalty of thirty days' imprisonment, a fine of one thousand dollars,
or both, may be imposed.
Fines - for establishments see Class B
misdemeanor for wait staff see Class A
misdemeanor
Identification - a valid driver's license or identification
card issued by the state in which you live
Loss of work - for establishments see Class B
Misdemeanor
for wait staff see Class A Misdemeanor
Minor - a person under full legal age
North Dakota Law 5-02-06 - Prohibitions as to persons under twenty-one
years of age - Penalty - Exceptions.
Except as permitted in this section, any licensee who dispenses alcoholic
beverages to a person under twenty-one years of age, or who permits such a
person to remain on the licensed premises while alcoholic beverages are
being sold or displayed, is guilty of a class A
misdemeanor, subject to the provisions of sections 5-01-08, 5-01-08.1,
and 5-01-08.2. Any person under twenty-one years of
age may remain in a restaurant where alcoholic beverages are being sold if
the restaurant is separated from the room in which alcoholic beverages are
opened or mixed, if gross sales of food are at least equal to fross sales
of alcoholic beverages which are consumed in the dining area, or if (1)
employed by the restaurant as a food waiter, food waitress, busboy, or
busgirl under the direct supervision of a person twenty-one or more years
of age, and not engaged in the sale, dispensin, delivery, or consumption
of alcoholic beverages, or (2) if the person is a law enforcement officer
entering the premises in the performance of official duty. Any
establishment where alcoholic beverages are sold may employ persons from
eighteen to twenty-one years of age to work in the capacity of musicians
under the direct supervision of a person over twenty-one years of age.
North Dakota Law 5-01-08. Persons under twenty-one years of age
prohibited from entering licensed premises - Penalty - Exceptions -
Referrals to addiction facilities.
Except as permitted in this section and section
5-02-06, any person under twenty-one years of age purchasing,
attempting to purchase, or being in possession of alcoholic beverages, or
furnishing money to any person for such purchase, or entering any licensed
premises where alcoholic beverages are being sold or displayed, except a
restaurant when accompanied by a parent or legal guardian, or in
accordance with section 5-02-06, or if the person is
a law enforcement officer entering the premises in the performance of
official duty, is guilty of a class B misdemeanor.
The court may, under this section, refer the person to an outpatient
addiction facility licensed by the state department of health and
consolidated laboratories for evaluation and appropriate counseling or
treatment.
North Dakota Law 5-01-08.1. Misrepresentation of age - Penalty -
Licensee may keep book.
Any person who misrepresents or misstates that person's age or the age of
any other person or who misrepresents his age through presentation of any
document purporting to show that person to be of legal age to purchase
alcoholic beverages is guilty of a class B
misdemeanor. Anylicensee may keep a book and may require anyone who
has shown documentary proof of his age, which substantiates his age to
allow the purchase of alcoholic beverages, to sign the book if the age of
that person is in question. The book must show the date of the purchase,
the identification used in making the
purchase and the appropriate numbers of such identification, the address
of the purchaser, and the purchaser's signature.
North Dakota Law 5-01-08.2. Presumption of licensee's innocence
when certain facts established.
The establishment of the following facts by a person making a sale of
alcoholic beverages to a person not of legal age constitutes prima facie evidence of innocence and a defense to any
prosecution therefor:
Prima Facie - having every appearance of proving a fact though it
may not constitute certain proof
Questions?? Comments??
send mail . . . chown@plains.nodak.edu
last updated . . . . 26 April 1998