Penalties & Fines for Selling or Serving to Minors
Penalties and fines can be imposed on the
- licensee
- the clerk
- those who furnish alcohol to underage individuals
Licensee Penalties
A licensee who sells or serves alcohol to an underage person faces a Class 1 misdemeanor if the customer is under the age of 18. This violation is subject to a maximum penalty of one year in jail and/or a fine of $2,000.
For selling or serving alcohol to an individual between 18-21 years of age, the licensee faces a Class 2 misdemeanor unless the purchase is made in the immediate presence of a parent,
guardian or spouse who is 21 years of age or older. This violation is subject to a maximum penalty of 30 days in jail and/or a fine of $500.
N.D.C.C. § 5-02-06, 2013
Fines
- $500.00 fine for the first violation If the clerk has not gone through training, the fine is $1000.00.
- $1000.00 fine for the second violation in a 24-month period if the clerk has participated in a training program that is approved by the department.
- If the clerk has not gone through training, the fine is $2000.00.
Penalties for Clerk statute numbers
A clerk who sells or serves alcohol to an underage person faces a Class 1 misdemeanor if the customer is under the age of 18.
For selling or serving alcohol to an individual between 18-21 years of age, the clerk faces a Class 2 misdemeanor.
For a first offense, a clerk may have their driver's license revoked for a minimum of 30 days or up to a maximum of one year. For the second offense and subsequent offenses, the driver's license will be revoked for a minimum of 60 days or up to a maximum of one year.
N.D.C.C. § 5-02-06, 2013
Others Who Furnish to Underage Persons
Any person 21 years of age or older purchasing or otherwise acquiring alcoholic beverages from a retail establishment and giving or reselling the alcoholic beverages to any person under the age of 21 is subject to a Class 1 misdemeanor. This offense is punishable by a maximum of one year in jail and/or a $1,000 fine.
N.D.C.C. § 5-02-06, 2013
Operating Hours
Alcohol may be sold, served, or consumed any day between the hours of 8:00 a.m. to 2:00 a.m. For liquor stores, it is the same. Monday to Saturday: 8:00 am to 2:00 am, Sunday: 8:00 am to 2:00 am
*Municipalities and counties are permitted to have more restrictive ordinances
N.D.C.C § 5-02-02.1
Legal Age to Sell and Serve
No person under 21 years old may sell, serve, or dispense alcoholic beverages. However, a person 18 years old or older may sell or serve alcoholic beverages if:
- less than 50% of the gross business transacted by the establishment is from the sale of alcohol; OR
- The licensee or an employee that is at least 21 years old is on the premises when the alcohol is sold or served.
N.D.C.C. § 5-02-06, 2013
Days of Sale
Unless county or municipal ordinances have additional restrictions, alcoholic beverages may be sold every day of the week, between 8:00 A.M. and 2:00 A.M.
Our North Dakota Alcohol Seller-Server course is available now to help you learn more about these laws and many others!
