§ 5-02-01 — State and local retail license required - Penalty - Exception

1. Except as otherwise provided in section 5-02-01.1, any person engaging in the sale of
alcoholic beverages at retail without first securing an appropriate license from the
attorney general and a local license from the governing body of any city, or if the
business is located outside the corporate limits of a city, the board of county
commissioners or the governing body of an Indian tribe, as the location requires, is
guilty of a class A misdemeanor.
2. This section does not apply to public carriers engaged in interstate commerce.
3. This section does not apply to a nonprofit organization that sells an alcoholic beverage
as part of a fundraising activity. As used in this subsection, fundraising activity includes
an auction, raffle, or other prize contest for which consideration is given. If the
alcoholic beverage is sold as part of a fundraising event, the sale may not be for
consumption at that event.