§ 5-02-10 — Hearing on alleged violations

1. If a person has information that a licensed retailer of alcoholic beverages has violated
any provision of this title, the person may file with the attorney general, city attorney, or
state's attorney an affidavit specifically explaining the violation within fourteen days of
the date of the alleged violation.
2. If a person timely files an affidavit under subsection 1, the city attorney or state's
attorney shall set the matter for hearing not later than the next regular meeting of the
local governing body or forward the affidavit to the attorney general.
3. If a person timely files an affidavit under subsection 1, the attorney general shall set
the matter for hearing in the local county courthouse not less than ten days after
copies of the affidavit and notice of hearing have been mailed to the licensee by
registered mail.
4. If the hearing is held by the local governing body, a copy of the affidavit and notice of
hearing must be mailed to the licensee by registered mail not less than five days
before the hearing.
5. A hearing conducted under this section must be recorded by stenographic notes or the
use of an electronic recording device.
05-02-10.1. Violations - Alcohol server training.
For a first violation taken against the retail licensee by a licensing authority for serving
alcoholic beverages, the licensing authority shall accept as a mitigating factor the retail licensee
provided to the licensee's employees alcohol server training that addressed intoxication, drunk
driving, and underage drinking, as approved by the licensing authority. Under this section, a
mitigating factor must result in a lesser punishment than the retail licensee would have received
if not for the mitigating factor.