North Dakota Alcohol & Liquor Laws

North Dakota Legal Age Laws

Knowing North Dakota's alcohol laws as a server, bartender or store clerk is important. Should there ever be a case where you are held liable, being alcohol certified will help mitigate penalties and possible loss of an alcohol or liquor license. These laws are directly from North Dakota's Century Code and highlight the importance of why being certified is important.

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 any where 

N.D.C.C. § 5-02-06, 2013

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 alcohol beverages.

N.D.C.C. § 5-02-06, 2013

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 statue 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. 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

North Dakota 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: 8:00am to 2:00am, 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, alcohol 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!

Looking for more alcohol laws in other states? Take a look at our Dramshop Series!

Leave a Reply

Your email address will not be published.