§ 5-01-08 — Individuals under twenty-one years of age prohibited from using alcoholic beverages or entering licensed premises - Penalty

North Dakota § 5-01-08

• Jurisdiction: North Dakota
• Title 5: Alcoholic Beverages
• Ch. 5-01: General Provisions

Text

beverages or entering licensed premises - Penalty.
1. Except as permitted in this section and section 5-02-06, an individual under
twenty-one years of age may not manufacture or attempt to manufacture, purchase or

attempt to purchase, consume or have recently consumed other than during a
religious service, be under the influence of, be in possession of, or furnish money to
any individual for the purchase of an alcoholic beverage.
2. An individual under twenty-one years of age may not enter any licensed premises
where alcoholic beverages are being sold or displayed, except:
a. A restaurant if accompanied by a parent or legal guardian;
b. In accordance with section 5-02-06;
c. If the individual is an independent contractor or the independent contractor's
employee engaged in contract work and is not engaged in selling, dispensing,
delivering, or consuming alcoholic beverages;
d. If the individual is a law enforcement officer or other public official who enters the
premises in the performance of official duty; or
e. If the individual enters the premises for training, education, or research purposes
under the supervision of an individual twenty-one or more years of age with prior
notification of the local licensing authority.
3. An individual who violates this section is guilty of an infraction. For a violation of
subsection 1 or 2, the court also may sentence a violator to an evidence-based alcohol
and drug education program operated under rules adopted by the department of
health and human services under section 50-06-44. For a second or subsequent
violation of subsection 1 or 2, the court also shall sentence a violator to an
evidence-based alcohol and drug education program operated under rules adopted by
the department of health and human services under section 50-06-44.
4. The court, under this section, may refer the individual to an outpatient addiction facility
licensed by the department of health and human services for evaluation and
appropriate counseling or treatment.
5. The offense of consumption occurs in the county of consumption or the county where
the offender is arrested.
6. An individual under twenty-one years of age is immune from criminal prosecution
under this section if that individual contacted law enforcement or emergency medical
services and reported that another individual under twenty-one years of age was in
need of medical assistance due to alcohol consumption, provided assistance to the
individual in need of medical assistance until assistance arrived and remained on the
scene, or was the individual in need of medical assistance and cooperated with
medical assistance and law enforcement personnel on the scene. The maximum
number of individuals who may be immune for any one occurrence is five individuals.