Every state has different alcohol laws, rules, and regulations regarding the service of alcohol. This article lists some regulations and penalties for improperly selling alcohol in North Dakota.
Legal Age Laws
The legal age to purchase and consume alcohol in North Dakota is 21 years of age.
It is legal to sell alcohol to persons aged 18-20 if they are in the immediate presence of a parent, guardian, or spouse who is 21 years of age or older. It is legal to refuse to serve anyone under the age of 21. It is illegal to serve alcohol to anyone under 18 years of age, even if accompanied by a parent, guardian, or spouse who is 21 years of age or older. It is illegal for a person less than 21 years old to loiter on the licensed premises of an on-sale alcohol licensee. This does not have state laws noted anywhere
North Dakota Minor Laws and Penalties
It is a Class 2 misdemeanor for any person under the age of twenty-one to purchase, attempt to purchase, possess or consume alcoholic beverages. It is also a Class 2 misdemeanor for anyone under the age of 21 to misrepresent their age on any document to purchase or attempt to purchase alcoholic beverages from any business licensed to sell alcoholic beverages.
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.
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 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 revoke their driver’s license for at least 30 days or up to a maximum of one year. For the second and subsequent offenses, the driver’s license will be revoked for at least 60 days or up to a maximum of one year.
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.
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
Legal Age to Sell and Serve
No person under 21 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
- When alcohol is sold or served, the licensee or an employee who is at least 21 years old must be on the premises.
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, available now, will help you learn more about these and many other North Dakota liquor laws.
